HomeMy WebLinkAbout02/10/87ACTION SHEET ACTION SHEET
"If we could sell our experiences for what they cost us
we would all be millionaires."
-Abigail Van Buren
AGENDA
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, February 10, 1987 - Council Chambers, City Hall
MAYOR
John Cioffi
MAYOR PRO TEM
Etta Simpson
COUNCILMEMBERS
Tony DeBellis
Jim Rosenberger
June Williams
Regular Session - 7:30 p.m.
CITY CLERK
Kathleen Midstokke
CITY TREASURER
Norma Goldbach
CITY MANAGER
Gregory T. Meyer
CITY ATTORNEY
James P. Lough
All Council meetings are open to the public.
PLEASE ATTEND.
Complete agenda materials are available for public inspection in
the Police Department, Public Library and the Office of the City
Clerk.
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENTATIONS: By Child Passenger Safety Association
By South Bay Board of Realtors
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.
1. CONSENT CALENDAR: The following routine matters will be
acted upon by one vote to approve with the majority con-
sent of the City Council. There will be no separate
discussion of these items unless good cause is shown by
a member prior to the roll call vote. (Items removed
will be considered after Municipal Matters.)
(a) Approval of Minutes: Regular meeting of the City Coun-
cil held on January 27, 1987.
CLERK WILL SUBMIT CORRECTED MINUTES NEXT MEETING.
Recommended Action: To approve minutes.
(b) Demands and Warrants: February 10, 1987.
Recommended Action: To approve Demands and Warrants
Nos. through inclusive.
(c) Tentative Future Agenda Items.
TO SET SPECIAL MEETING FOR 3/2 TO DISCUSS AUDIT REPORT AND MID
YEAR BUDGET REVIEW. OK 5-0
Recommended Action: To receive and file.
(d) City Manager Activity Report: Memorandum from City Man-
ager Gregory T. Meyer dated February 4, 1987.
Recommended Action: To receive and file.
(e) Request for Closed Session. Memorandum from City Man-
ager Gregory T. Meyer dated February 4, 1987.
Recommended Action: To calendar a Closed Session for
February 24, 1987 at 6:00 p.m.
(f) Monthly Investment Report - January, 1987. Memorandum
from City Treasurer Norma Goldbach dated February 3,
1987.
Recommended Action: To receive and file.
(g) Cancellation of Warrant. Memorandum from City Treasurer
Norma Goldbach dated February 4, 1987.
Recommended Action: To approve cancellation of Warrant
No. 022245.
(h) Request by National League of Cities for support for
reauthorization of federal surface transportation pro-
grams. Memorandum from City Manager Gregory T. Meyer
dated February 4, 1987.
Recommended Action: Endorse H.R. 2.
(i) Child Abuse Monthly Report. Memorandum from Community
Resources Director Alana Mastrian dated February 1,
1987.
Recommended Action: To receive and file.
(j) Transmitting newly established South Bay Corridor Study
Committee By -Laws. Memorandum from City Manager Gregory
T. Meyer dated February 4, 1987.
Recommended Action: To receive and file.
(k) League of California Cities' Financial Condition and
Proposed Dues Increase. Memorandum from City Manager
Gregory T. Meyer dated February 4, 1987.
Recommended Action: To endorse dues increase and in-
struct delegate to vote accordingly at the Division
meeting.
(1) Public Works Audit Report re. Maintenance Management.
Memorandum from Public Works Director Anthony Antich
dated February 2, 1987.
DEBELLIS COMMENDED P.W. DIRECTOR ON REPORT.
(m)
(n)
Recommended Action: Receive the report and authorize
proceeding with the proposed 1987 objectives.
RTD Planning and South Bay Cities Report. Memorandum
from Planning Director Michael Schubach dated February
3, 1987.
Recommended Action: To continue to monitor and report
to City Council; also Council should request that fares
be increased only as necessary to cover revenue
shortfalls.
Claim for Damages: Catherine F. Hamilton, 1515 Hermoa
Avenue, Hermosa Beach, filed January 26, 1987.
Recommended Action: To deny request to submit late
claim.
(o) Alcoholic Beverage Control Board public bearing re. Cal-
ifornia Senate Concurrent Resolution No. 65, Alcohol
Marketing Practices/Promotions That May Foster Overcon-
sumption of Alcoholic Beverages. Memorandum from City
Manager Gregory T. Meyer dated February 3, 1987.
Recommended Action: To direct the City Clerk to send a
formal letter to the ABC conveying a legislative policy.
2. ORDINANCES AND RESOLUTIONS
(a) ORDINANCE NO. 87-868 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SEC-
TION 2-2.4, AGENDA, OF THE MUNICIPAL CODE MODIFYING THE
DEADLINE TIME FOR SUBMISSION OF AGENDA ITEMS TO THE CITY
MANAGER. For waiver of further reading and adoption.
JR INDICATED HE WOULD LIKE THE TIME DEADLINE FOR SUBMITTAL TO
CITY MGR. TO BE "12 NOON" RATHER THAN "10 A.M.". MOTION DEB/CIO
- TO REINTRODUCE ORD. 87-868 AS AMENDED. OK 5-0
(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.
MOTION DEB/JR TO ADOPT ORD. 87-869. OK 5-0
(c) ORDINANCE NO. 87-871 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HERMOA BEACH, CALIFORNIA, AMENDING APPEN-
DIX 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 EN-
FORCEMENT CAPABILITIES. For waiver of further reading
and adoption.
MOTION DEB/WI TO REFER TO STAFF FOR RETURN ON 3/24 WITH CORREC-
TION OF ERRORS, PROVIDE 2 OR 3 OPTIONS ON DEFINITION OF "FAMILY"
FOR C.C. TO CHOOSE FROM, PROVIDE SOME KIND OF LEGALLY SUPPORTABLE
LIMITATION ON NUMBER OF PEOPLE ALLOWED PER UNIT, AND FINALLY,
STAFF TO LOOK AT DEFINITION OF THE WORD "INSTALLATION" UNDER SEC-
TION 4. OK 5-0.
(d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING AN AMENDED CONDITIONAL USE
PERMIT FOR A PROPOSED EXPANSION TO AN EXISTING CHURCH AT
2420 PACIFIC COAST HIGHWAY, A PARKING PLAN FOR OFF-SITE
PARKING, AND A NEGATIVE DECLARATION. For waiver of full
reading and adoption.
MOTION JR/WI - TO ADOPT RESOLUTION. OK 4-1 (DEB -NO)
(e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DENYING ON APPEAL A REQUEST FOR A
VARIANCE TO EXPAND INTO THE REQUIRED REAR SETBACK AT
2420 PACIFIC COAST HIGHWAY, HOPE CHAPEL. For waiver of
full reading and adoption.
MOTION JR/SI TO ADOPT RESOLUTION. OK 5-0.
(f) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING THE GRADING PLAN, BUILDING
LAYOUT PLAN, AND LANDSCAPING PLAN FOR AN EIGHT LOT SUB-
DIVISION LOCATED AT 532, 534-540 TWENTIETH STREET SUB-
JECT TO CONDITIONS. For waiver of full reading and
adoption. Memorandum from Planning Director Michael
Schubach dated February 3, 1987.
MOTION JR/SI - TO ADOPT RESOLUTION APPROVING BUILDING LAYOUT PLAN
AND LANDSCAPING PLAN. AMENDING ORDINANCE TO REMOVE REFERENCE TO
GRADING PLAN AND ADDING A "SUBSECTION B" TO NO. 2 THAT STATES
"PLACEMENT OF ADDITIONAL SPECIMEN TREES ON LOTS WHERE POSSIBLE/
FEASIBLE" , AND ASK THAT GRADING PLAN COME BACK LATER. OK 4-1
(WI-NO).MOTION JR/DEB DEVELOPER TO BRING IN REVISED GRADING
PLAN CONSISTENT WITH TENTATIVE MAP OR MODIFIED IN SOME OTHER
FASHION INDICATING OTHER OPTIONS. OK 5-0.
(g)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REPEALING MUNICIPAL CODE SECTION 21-3
AS A RESULT OF OVERLY VAGUE AND BROAD LANGUAGE THAT REN-
DERS IT UNENFORCEABLE. For waiver of full reading and
introduction. Memorandum from City Attorney James P.
Lough dated February 4, 1987.
MOTION DEB/CIO TO INTRODUCE ORDINANCE REPEALING SECTION 21-3
"DISORDERLY CONDUCT". OK 5-0.
JPL INDICATED HE COULD BE BACK WITH NEW REWRITTEN ORDINANCE IN A
MONTH (THAT WOULD BE 3/10 OR 3/24).
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION.
4. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
(a) Letter from Messrs. D. W. Gardiner, 3031 Strand, and
Jack Taylor, 3116 Strand, re. underground utilities for
north end of Hermosa (35th St. to 24th St.) adjacent to
the Strand.
Recommended Action: To refer to staff for report back
to City Council.
(b) Letter dated January 26, 1987 from Mr. & Mrs. Les Aik-
man, 3628 Ocean Blvd., Corona Del Mar, supporting the
undergrounding of utilities at north end of strand.
Recommended Action: To refer to staff for report back
to City Council.
MOTION CIO/DEB TO APPROVE STAFF RECOMMENDATION ON ITEMS 4A AND
4B. OK 5-0
(c)
Petition with 31 signatures re. Casey's Isuzu 15 re-
served parking spaces, requesting enforcement to keep
employee cars off residential streets.
Recommended Action: To refer to staff for investigation
and/or response.
MOTION DEB/CIO TO APPROVE STAFF RECOMMENDATION. OK 5-0
PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M.
5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO PROHIBIT THE ISSUANCE OF BUILDING
PERMITS FOR DEVELOPMENTS THAT DO NOT MEET THE STANDARDS
OF BOTH THE GENERAL PLAN DESIGNATION AND ZONING CLAS-
SIFICATION FOR A PARTICULAR PROPERTY TO BE DEVELOPED OR
IMPROVED. Memoranda from City Attorney James P. Lough
dated February 4, 1987 and Planning Director Michael
Schubach dated February 3, 1987.
PUBLIC HEARING OPENED AT 8:15 P.M., CLOSED AT 8:41 P.M. DEB/WI-
MOTION TO ADJOURN TO CLOSED SESSION AT 8:50 P.M. DUE TO SIGNIFI-
CANT POSSIBILITY OF LITIGATION. OK 5-0.
MEETING RECONVENED AT 9:18 P.M.
MOTION DEB/JR TO INTRODUCE ORDINANCE WITH THE FOLLOWING AMEND-
MENTS: (1) ON PAGE 2, LINE 10 ADD "C-1" TO THE ZONING CLASSIFICA-
TION WHERE THE G.P. DESIGNATION IS GENERAL COMMERCIAL; (2) ADD A
SENTENCE TO END OF SECTION 3 TO READ "THIS ORDINANCE DOES NOT
PRECLUDE THE RIGHT TO REQUEST THE NORMAL VARIANCE PROCEDURES.";
(3) ON LINE 4, SECTION 4 CHANGE THE WORDING TO READ "...THE MINI-
MUM DENSITY CRITERIA...; (4) ADD SENTENCE AT END OF SECTION 7 TO
READ "THIS ORDINANCE SHALL NOT APPLY TO ANY PROJECT THAT HAS SUB-
MITTED COMPLETED CONCEPTUAL PLANS TO CITY OF HERMOSA BEACH ON OR
BEFORE FEBRUARY 10, 1987." OK 5-0.
STAFF TO POST A LIST OF PROJECTS EXEMPTED FROM THIS ORDINANCE.
****************************x***********************************
Citizens wishing to address the City Council on any of the
remaining items on the agenda may request to do so at the time
the item is called.
*****************************************************************
MUNICIPAL MATTERS
6. REPORT ON SURVEY RE: CHANGING SEVEN (7) SILVER POSTED
METERS TO YELLOW POSTED METERS IN THE 2600 BLOCK OF HER-
MOSA AVENUE. Memorandum from General Services Director
Joan Noon dated January 6, 1987. (Continued from 1/13/
87 and 1/27/87 meetings.)
MOTION JR/WI - TO APPROVE STAFF RECOMMENDATION. OK 4-1 (CIO -NO).
7. REPORT ON ADVISABILITY OF RE-CREATING BOARD OF ZONING
ADJUSTMENTS. Memorandum from Building and Safety Direc-
tor William Grove dated January 16, 1987. (Continued
from 1/27/87 meeting.)
8. HERMOSA BEACH PAVILION - TRAFFIC IMPACT STUDY. Memoran-
dum from Public Works Director Anthony Antich dated
January 19, 1987. (Continued from 1/27/87 meeting.)
9. RELOCATING THE BARRICADE AND WIDENING 14TH STREET EAST
OF PACIFIC COAST HIGHWAY AND TO ESTABLISH ADDITIONAL
PARKING AND TURNING AREA. Memorandum from Public Works
Director Anthony Antich dated January 7, 1987. (Con-
tinued from 1/27/87 meeting.)
10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) Status report re. Assembly Bill 2926. Memorandum from
City Manager Gregory T. Meyer dated January 8, 1987 with
resolution. (Continued from 1/13/87 and 1/27/87
meetings.)
11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
(a) Oral status report from Strand Bicycle Safety Committee
(Councilmember Williams). (Continued from 1/13/87 and
1/27/87 meetings.)
(b) Oral status report from Business Relations Subcommittee
(Councilmember Rosenberger). (Continued from 1/13/87
and 1/27/87 meetings.)
(c) 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.
12. OTHER MATTERS - CITY COUNCIL
(a)
City Council Reorganization - February, 1987. Memoran-
dum from City Clerk Kathleen Midstokke dated February 2,
1987.
MOTION DEB/SI TO APPROVE COMMITTEE APPOINTMENT RECOMMENDATIONS BY
MAYOR CIOFFI. SO ORDERED.
(b) City tour of Chevron, Inc. Memorandum from City Manager
Gregory T. Meyer dated February 5, 1987.
MOTION BY DEB/CIO TO ADJOURN TO SPECIAL MEETING ON FEBRUARY 21 AT
9 A.M. AT CITY HALL TO TOUR THE CHEVRON FACILITIES.
ADJOURNMENT AT 11:58 P.M.
13. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY. (Con-
tinued from 1/13/87 and 1/27/87 meetings.)
(a) CONSENT CALENDAR
1) Minutes of the December 17, 1986 meeting.
2) Status report re. Hermosa Pavilion Public Parking
Structure. Memorandum from General Manager Gregory
T. Meyer dated January 8, 1987.
(b) Report from Economic Research Associates re. the
economic feasibility of -building a parking structure in
the vicinity of the Community Center with recommendation
to accept report and proceed with EIR and design consid-
erations. Memorandum from Parking Administrator Joan
Noon dated December 26, 1986 and letter from J. R.
Reviczky, Chairman of Community Resources Advisory Com-
mission dated February 4, 1987.
14. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION. (Continued from 1/13/87 and 1/27/87
meetings.)
(a) CONSENT CALENDAR
1) Approval of minutes of the October 14, 1986
meeting.
(b) Proposal from Ridgemont Parking Systems, Texas, to oper-
ate parking lots A, B and C and to construct at their
expense and operate a 450 unit parking structure on Lot
C. Memorandum from Parking Administrator Joan Noon dat-
ed December 26, 1986.
(c)
Other matters.
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.
ADJOURNMENT
CITY OF HERMOSA BEACH MEMORANDUM
TO: City Clerk Kathy Midstokke DATE: February 11, 1987
FROM: City Manager Gregory T. Meyer
RE: Notice for March 2 Special Meeting of the City Council
For the Easy Reader notice of the March 2 Special Meeting of the
City Council, please include the following topics:
1. 1985 - '86 Financial Audit and Management Letter
with recommendation to accept Audit and implement
revisions to Internal Financial Controls;
2. 1986 - '87 Mid -Year Budget Review with consideration
of modifying Revenues & Expenditures;
3. 1986 - '87 Mid -Year
Program;
4. Adopting a Schedule
1987 - '88 Budget;
5. Consideration of assigning responsibility for 1987
City Council Goals and developing related tasks.
Review of Capital Improvement
for consideration of the
LA n
Gre:ory T. yer
Ci•y Manag-r
cc Assistant City Manager Mastrian
Finance Administrator Copeland
Executive Staff
1
Honorable Mayor and Members of the
Hermosa Beach City Council February 13, 198
City Council Meeting of
February 24, 1987
RECOMMENDATION FOR A CITY COUNCIL POLICY THAT
COUNCIL COMMITTEES SHALL SUBMIT WRITTEN REPORTS AND/OR
RECOMMENDED ACTIONS
RECOMMENDATION
It is recommended that the City Council adopt the
policy:
Committees of the Council, upon concluding a
meeting shall reduce to writing:
A. Proceedings of the meeting, and
B. Specific recommendations, if any further
is desired of the full City Council.
The report shall be signed by the Committee members and
submitted at the next available City Council meeting.
following
Committee
action
BACKGROUND
A change in State law, effective January 1, 1987 now requires 1)
That the City give 72 hours notice of all Council agenda items
and 2) that the agenda specifically call out the intended action
for each and every item.
ANALYSIS
Oral reports from Council Committees preclude compliance with the
new amendments to the Brown Act; written reports will better
allow the intent of an action to be known in advance by all
interested parties. Written reports tend to facilitate a clarity
in defining the requested action and further, provide a better
opportunity for coordinating the timing and fiscal impacts of the
recommended actions. On the other hand, written reports require
more time (both for the writing and obtaining of signatures etc).
Gregory T. Meyer
City Manager
cc City Attorney James P. Lough
February 10, 1987
City Council Meeting
February 10, 1987
Mayor and Members
of the City Council
CITY COUNCIL MINUTES 1-27-87
Attached is a corrected copy of page 1 of the above minutes.
There was a correction in the spelling of the Mayor's
childrens' names. Sorry for the error.
411115
K.thleen Midstokke, City Clerk
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, January 27, 1987 at
the hour of 7:40 P.M.
CLOSED SESSION - 6:00 P.M.
ROLL CALL
Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis
Absent: None
PLEDGE OF ALLEGIANCE - Rev. Richard Parker
ROLL CALL
Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis
Absent: None
INTRODUCTION OF NEW EMPLOYEES: David Bohacik - Police Officer;
Sheri Hartmann - General Services
Officer
APPOINTMENT OF MAYOR. AND MAYOR PRO TEM:
A. Motion to designate a Mayor for nine month term,
ending November, 1987.
Action: To appoint Mayor Pro Tem John Cioffi as
Mayor of the City of Hermosa Beach for a nine-month
term ending November, 1987.
Motion Mayor DeBellis, second Rosenberger. So
ordered.
B. Motion to designate a Mayor Pro Tem for nine
month term, ending November, 1987.
Action: To appoint Councilmember Etta Simpson as
Mayor Pro Tem of the City of Hermosa Beach for a
none -month term ending November, 1987.
Motion Mayor DeBellis, second Rosenberger. So
ordered.
Mayor Cioffi presented a plaque of appreciation to Former Mayor
DeBellis for his service as Mayor, and flowers to Melanie Fallon-
DeBellis.
Leah Jeffries, on behalf of Supervisor Deane Dana, presented a
Resolution to former Mayor Tony DeBellis from the Los Angeles
County Board of Supervisors commending his leadership.
Mayor Cioffi assumed the Mayor's chair. Marymae Cioffi was pres-
ented with flowers by Councilmember Rosenberger and Mayor Cioffi
introduced his children Elizabeth, Jonathan, Gillian and
Kristine.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, January 27, 1987 at
the hour of 7:40 P.M.
CLOSED SESSION - 6:00 P.M.
ROLL CALL
Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis
Absent: None
PLEDGE. OF ALLEGIANCE - Rev. Richard Parker
ROLL CALL
Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis
Absent: None
INTRODUCTION OF NEW EMPLOYEES: David Bohacik - Police Officer;
Sheri Hartmann - General Services
Officer
APPOINTMENT. OF MAYOR AND MAYOR PRO TEM:
A. Motion to designate a Mayor for nine month term,
ending November, 1987.
Action: To appoint Mayor Pro Tem John Cioffi as
Mayor of the City of Hermosa Beach for a nine-month
term ending November, 1987.
Motion Mayor DeBellis, second Rosenberger. So
ordered.
B. Motion to designate a Mayor Pro Tem for nine
month term, ending November, 1987.
Action: To appoint Councilmember Etta Simpson as
Mayor Pro Tem of the City of Hermosa Beach for a
none -month term ending November, 1987.
Motion Mayor DeBellis, second Rosenberger. So
ordered.
Mayor Cioffi presented a plaque of appreciation to Former Mayor
DeBellis for his service as Mayor, and flowers to Melanie Fallon-
DeBellis.
Leah Jeffries, on behalf of Supervisor Deane Dana, presented a
Resolution to former Mayor Tony DeBellis from the Los Angeles
County Board of Supervisors commending his leadership.
Mayor Cioffi assumed the Mayor's chair. Marymae Cioffi was pres-
ented with flowers by Councilmember Rosenberger and Mayor Cioffi
introduced his children Elizabeth, Jonathan, Tj - and
1 - Minutes 1-27-87
s
Councilmember Williams presented a boutonniere to Bob Simpson who
was not present in the Council Chamber.
Former Mayor DeBellis presented Mayor Cioffi with a poster set-
ting forth regulations established by the United States Air Ser-
vice in 1920.
C. Intergovernmental agencies requiring appointment of
Mayor as delegate:
1. Southern California Rapid Transit District (by
resolution)
Action: To appoint Mayor Cioffi as the delegate
and Mayor Pro Tem Simpson as the alternate to the
City Selection Committee of the Southern California
Rapid Transit Committee and adopt Resolution No.
87-5010 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINT-
ING A MEMBERS OF SAID COUNCIL OF SAID CITY TO THE
CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA
RAPID TRANSIT DISTRICT, PURSUANT TO PART 3 OF DIVI-
SION 10 OF THE PUBLIC UTILITIES CODE."
Motion DeBellis, second Williams. So ordered.
2. Los Angeles County/City Selection Committee
Action: To appoint Mayor Cioffi as the delegate to
the Los Angeles County/City Selection Committee.
Motion DeBellis, second Simpson. So ordered.
3. South Bay Cities Sanitation District.
Action: To appoint Mayor Cioffi as the delegate
and Mayor Pro Tem Simpson as the alternate to the
South Bay Cities Sanitation District.
Motion DeBellis, second Simpson. So ordered.
ANNOUNCING CLOSED SESSION ACTIONS - LITIGATION.
1. Settlement in the case of Branyan, Martin & Almanza vs. City
of Hermosa Beach - the full and complete settlement to be in
the amount of $13,500.
2. The dismissal of the case of LeMontre vs. City of Hermosa
Beach - dismissed against the City and the officers involved
with no recovery for the plaintiff.
3. The dismissal of the Referendum Committee vs. City of Hermosa
Beach - dismissed with no action or recovery against the
City. The City Council on January 27, 1987 took action to
decide not to pursue its legal fees or remedies against the
Referendum Committee.
- 2 - Minutes 1-27-87
4. In the matter of Escalante vS. City of Hermosa Beach, the
Writ of Supersedeas filed by cross appellant Sheila Miller
was denied by the Court of Appeals.
CITIZEN COMMENTS
None
Action: To begin the Public Hearing on Hope Chapel (Agenda Item
5 at this time and limit each side to 30 minutes.
Motion DeBellis, second Mayor Cioffi. So ordered.
1. CONSENT CALENDAR
Action: To approve Consent Calendar items (a) through
(dd) with the exception of the following items which
were pulled for further discussion but are listed in
order on the Consent Calendar for clarity: (dd)
Simpson.
Motion DeBellis, second Rosenberger. So ordered.
(a) Approval of Minutes: Regular meeting of the City Coun-
cil held on January 13, 1987.
Action: To approve minutes.
(b) Approval of Minutes: Special meeting of the City Coun-
cil held on January 15, 1987.
Action: To approve minutes.
(c) Demands and Warrants: January 27, 1987.
Action: To approve Demands and Warrants Nos. 22073 and
22222 through 22331 inclusive noting voided Warrants
Nos. 22244 and 22276.
(d) Tentative Future. Agenda Items.
Action: To receive and file.
(e) City Manager Activity Report. Memorandum from City Man-
ager Gregory T. Meyer dated January 20, 1987.
Action: To receive and file.
(f) Building and Safety Department Monthly Activity Report:
December, 1986.
Action: To receive and file.
(g) Community Resources Department Monthly Activity Report:
December, 1986.
Action: To receive and file.
- 3 - Minutes 1-27-87
(h)
Finance Department Monthly Activity Report: December,
19n.
Action: To receive and file.
(i) Fire Department Monthly Activity Report: December, 1986.
Action: To receive and file.
(j) General Services Department Monthly Activity Report:
December, 1986.
Action: To receive and file.
(k) Personnel Department Monthly Activity Report: December,
1986.
Action: To receive and file.
(1) Planning Department Monthly Activity Report: December,
1986.
Action: To receive and file.
(m) Police Department Monthly Activity Report: December,
1986.
Action: To receive and file.
(n) Public Works Department Monthly Activity Report: Decem-
ber, 1986.
Action: To receive and file.
(o) City Treasurer's Report: December, 1986.
Action: To receive and file.
(p) Monthly Revenue Report: December, 1986.
Action: To receive and file.
(q) Monthly Expenditure Report: December, 1986.
Action: To receive and file.
(r) Cancellation of Warrants. Memorandum from City
Treasurer Norma Goldbach dated January 17, 1987.
(s)
Action: To approve cancellation of Warrants Nos.
021656, 021824 and 021138.
Approval of specifications and authorization to call for
bids for Fuel Management System for City Yard, CIP 86-
601. Memorandum from Public Works Director Anthony An-
tich dated January 16, 1987.
- 4 - Minutes 1-27-87
(t)
Action: Approve specifications and authorize call for
bids for fuel management system.
Authorization to proceed with design process of Beach
Drive drainage for 6th Street storm drain project (CIP
86-302). Memorandum from Public Works Director Anthony
Antich dated January 15, 1987; with neighborhood letter
from Gerald A. Littman, 638 Strand, dated January 12,
1987.
Action: To authorize staff to proceed with the design
process; and to appropriate $6,000 from State Gas Tax to
CIP 86-302 and transfer $3,000 from CIP 86-405 to CIP
86-302 for design services.
(u) Recommendation to approve payment of customs fee on do-
nated ladder. truck, not to exceed $1,000; and to ap-
propriate the necessary funds from Prospective Expendi-
tures. Memorandum from Public Safety Director Steve
Wisniewski dated January 20, 1987.
Action: Approve payment of custom's fee; authorize pay-
ment in amount not to exceed $1,000 with monies to be
appropriated from Prospective Expenditures fund.
(v) Request for street vacation. Memorandum from City Man-
ager Gregory T. Meyer dated January 20, 1987.
(w)
(x)
(y)
Action: Direct staff to meet with the petitioning
parties and advise them of the process whereby they may
have consideration of their request for vacation of
thealley between 738/740 Longfellow and 737/739 30th
Street
Proposal to conduct Community Noise Study and Develop-
ment of.a..Revised.Noise Control Ordinance. Memorandum
from Public Safety Director Steve Wisniewski dated
January 20, 1987.
Action: To (1) proceed with noise analysis; (2) to ap-
propriate $1,000 from Prospective Expenditures to fund
analysis; and (3) consider at mid -year budget review
funding of a noise enforcement program.
Report re. overall financing of the Inglewood. Fire
Training Facility Authority. Memorandum from City. Man-
ager Gregory T. Meyer dated January 19, 1987.
Action: To receive and file.
Claim for Damages:
1) Kenneth Gaskampe, 4170 Inglewood Avenue, L.A.,
represented by Stephen A. Ebner, Esq., 723 Ocean
Walk, Venice, CA 90291, filed January 14, 1987.
- 5 - Minutes 1-27-87
(z)
Action: To deny claim and refer to City's Claims
Administrator.
Relocating the barricade and widening 14th Street east
of. Pacific Coast Highway and to establish additional
parking and turning area. Memorandum from Public Works
Director Anthony Antich dated January 7, 1987.
Action: To approve proposed relocation of existing bar-
ricade and widening of 14th Street.
Speaking to Council regarding this item was Blaine Coon,
Owner, Folded Wings Ltd. in opposition to Council
action.
Final Action: To reconsider this action and continue to
the City Council meeting of February 10, 1987, staff to
contact Blaine Coon, owner, Folded Wings Ltd. for input.
Motion Mayor Cioffi, second Williams. So ordered.
(aa) Acceptance of work as complete -.1986 Sidewalk Repair
Program, CIP 85-160 and. CIP_ 85-163. Memorandum from
Public Works Director Anthony Antich dated January 19,
1987.
Action: Accept the 1986 Sidewalk Repair Program as com-
plete and authorize staff to release the 5% retention
payment to J. T. Garza, release the Labor and Materials
Bond and Faithful Performance Bond from J. T. Garza for
subject project.
(bb) Approval of encroachment permit application at 2851
Pacific Coast Highway. Memorandum from Public Works
Director Anthony Antich dated January 16, 1987.
Action: Approve Encroachment Permit Application at 2851
PCH and authorize staff to prepare necessary Encroach-
ment Permit Agreement for signature by Mayor.
(cc) Request. for Proposals for CIP 85-502, Asphalt. area re-
pair. and resurfacing for park development at Prospect
Avenue, Hollowell Avenue, and Gentry Street. Memorandum
from Public Works Director Anthony Antich dated January
13, 1987.
Action: Approve request for Proposals for asphalt area
repair and replacement; and authorize staff to solicit
proposals for the above work.
(dd) Request for approval of. Mayor and Councilmember Atten-
dance at Torrance League of Women Voters 25th Anniver-
sary Gala. Memorandum from City Manager Gregory T.
Meyer dated January 19, 1987.
Action: To approve attendance of Mayor Pro Tem Simpson
at the Torrance League of Women Voters 25th Anniversary
Minutes 1-27-87
Gala, the $50.00 ticket cost to be funded from City
Council Department, Conference Expense.
Motion DeBellis, second Mayor Cioffi. So ordered noting
a NO vote by Williams.
2. ORDINANCES AND RESOLUTIONS
(a) ORDINANCE NO. 86-868 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SEC-
TION 2-2.4, AGENDA, OF THE MUNICIPAL CODE MODIFYING THE
DEADLINE TIME FOR SUBMISSION OF AGENDA ITEMS TO THE CITY
MANAGER. For waiver of further reading and adoption.
Continued to the February 10, 1987 meeting.
(b) 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
THE ATTACHED EXHIBITS A AND B. For waiver of full read-
ing and introduction. Memorandum from Planning Director
Michael Schubach dated January 20, 1987. Supplemental
information - letter from Shirley M. Wirth dated January
18, 1987.
Action: To waive full reading and introduce Ordinance
No. 87-869 entitled "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" (-SW Areas I and IV).
Motion DeBellis, second Mayor Cioffi
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Cioffi
NOES - None
Final Action: Appropriate staff to respond to letter
from Shirley M. Wirth explaining zoning, etc.
Motion DeBellis, second Mayor Cioffi. So ordered.
(c) 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 January 20, 1987.
Action: To adopt Resolution No. 87-5011 entitled "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."
Motion DeBellis, second Mayor Cioffi
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Cioffi
NOES - None
- 7 - Minutes 1-27-87
(d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA FIXING ADDITIONAL TEMPORARY COMPENSA-
TION TO BE RECEIVED BY THE CITY CLERK. For adoption.
Memorandum from City Clerk Kathleen Midstokke dated
January 7, 1987. (Continued from 1/13/87 meeting.)
Action: To adopt Resolution No. 87-5012 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA FIXING ADDITIONAL COMPENSATION TO BE
RECEIVED BY THE CITY CLERK."
Motion DeBellis, second Rosenberger. So ordered.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION.
Item 1(dd) was discussed at this time but is listed in
order on the Consent Calendar for clarity.
4. WRITTEN COMMUNICATIONS FROM THE.PUBLIC.
(a)
Letter from Messrs. D. W. Gardiner, 3031 Strand, and
Jack Taylor, 3116 Strand, re. underground utilities for
north end of Hermosa (35th St. to 24th St.) adjacent to
the Strand.
Continued to meeting of February 10, 1987.
PUBLIC HEARINGS
5. APPEALS OF PLANNING COMMISSION DECISION, CONDITIONAL USE
PERMIT, VARIANCE, PARKING PLAN AND ENVIRONMENTAL NEGA-
TIVE. DECLARATION FOR HOPE CHAPEL -FOURSQUARE CHURCH, 2420
PACIFIC COAST HIGHWAY. Memorandum from Planning Direc-
tor Michael Schubach dated January 19, 1987. Supplemen-
tal information - three form letters from Kelly P.
O'Brien, Mr. & Mrs. George J. Hash and Fred R. Webb;
additional letters received - 2 in opposition to grant-
ing Hope Chapel appeal and 408 in favor; legal opinion
from Richard L. Knickerbocker, Knickerbocker, Davidson,
Howard, Billings & Carver, Lawyers, dated January 27,
1989.
The staff report was presented by Planning Director
Michael Schubach.
The Public Hearing was opened. Coming forward to speak
in opposition to granting the Hope Chapel variance were:
Jim Marquez, appellant, 1334 Parkview Avenue, Manhattan
Beach, representing several homeowners - submitted
letter from Lucky Market Store Manager Larry Guajardo
dated January 27, 1987.
Ann McReynolds-Latner, 936 - 24th Street
Bob McEachen, 901 - 21st Street
Paul Mohlman, 904 - 24th Street
- 8 Minutes 1-27-87
Speaking in favor of granting the variance were:
Dan Goodrich, project architect, appellant
Richard Knickerbocker, 4720 Lincoln Boulevard, Marina
del Rey
Don Steward, 417 E. 12th Street, Carson, Assoc. Pastor,
Hope Chapel
Zak Dazarian, 413 Faye Lane, Redondo Beach, Senior
Pastor, Hope Chapel
Steven Klugman, Attorney & Resident, Hermosa Beach
Action: To close the Public Hearing in regard to the
Variance.
Motion Rosenberger, second DeBellis. So ordered.
Further Action: To uphold the appeal of the neighbors
and deny the variance, the Planning Department to return
at the next meeting with the proper resolution.
Motion Rosenberger, second DeBellis
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Cioffi
NOES - None
Proposed Action: To continue the Public Hearing on the
remainder of this item to allow for further testimony.
Motion Simpson - dies for lack of a second
Final Action: To approve staff recommendation #2 ap-
proving the Conditional Use Permit, Parking Plan and
environmental Negative Declaration subject to Conditions
of the Planning Commission Resolution P.C. 86-53 with
the following changes, staff to return at the February
10 meeting with the proper resolution:
Page 1, line 20 - change to read "submitted plans allow-
ing no encroachments or variances from applicable City
codes and subject to the following conditions."
Page 2, line 8 - change to read "8:00 A.M., 10:15 A.M.
and 7:00 P.M."
Page 2, lines 14 thru 16 - change to read:
"8. The door on Borden Street shall not be used as a
general access door but for emergency purposes only.
Panic hardware for said door shall be provided limiting
access for emergencies only."
Page 2 - add condition 13. "This Conditional Use Permit
shall be reviewed by the Planning Commission one year
after implementation."
Motion Rosenberger, second DeBellis (discussion)
AYES - Rosenberger, Simpson, Williams, Mayor Cioffi
NOES - DeBellis
A recess was called at 10:35 P.M.
- 9 - Minutes 1-27-87
The meeting reconvened at 10:50 P.M.
6. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH EXTENDING THE MORATORIUM ESTABLISHED IN
ORDINANCE NO. 86-866 TO PROHIBIT THE SEPARATE SALE OR
SEPARATION OF CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT
STRADDLES THE DIVIDING PROPERTY LINE. Memorandum from
City Attorney James P. Lough dated January 20, 1987.
The staff report was presented by City Attorney Lough.
The Public Hearing was opened. Coming forward to speak
were:
Robert Stiles, 1250 - 10th Street - in favor
Bob Fleck, 620 - 24th Place - in favor
The Public Hearing was closed.
Action: To waive full reading of Ordinance No. 87-870
entitled "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING THE
MORATORIUM ESTABLISHED IN ORDINANCE NO. 86-866, TO PRO-
HIBIT THE SEPARATE SALE OR SEPARATION OF CONTIGUOUS LOTS
WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPER-
TY LINE" with an amendment to page 1, line 10 to read
"conform to standards and, ordinances for minimum lot
size;".
Motion DeBellis, second Rosenberger (discussion)
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Cioffi
NOES - None
Final Action: To adopt Ordinance No. 87-870.
Motion DeBellis, second Rosenberger
AYES - DeBellis, Rosenberger, Simpson, Williams
NOES - Mayor Cioffi
7. AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY.OF,HERMOSA
BEACH,,.CALIFORNIA,.AMENDING APPENDIX A, ARTICLE 2 (DEFI-
NITIONS) AND ARTICLE,4,.(R-1 ONE -FAMILY RESIDENTIAL
ZONE) OF THE HERMOSA BEACH MUNICIPAL CODE FOR THE PUR-
POSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT CAPABILI-
TIES. Memorandum from Building and Safety Director Wil-
liam Grove dated January 15, 1987.
The staff report was presented by Building Director
Grove.
The Public Hearing was opened. No one coming forward,
the Public Hearing was closed.
Action: To waive full reading of Ordinance No. 87-871
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, AMENDING APPENDIX A, ARTI-
CLE 2, (DEFINITIONS) AND ARTICLE 4, (R-1 ONE -FAMILY
- 10 -
Minutes 1-27-87
RESIDENTIAL ZONE) OF THE HERMOSA BECH MUNICIPAL CODE FOR
THE PURPOSE OF STRENGTHENING ILLEGAL UNIT ENFORCEMENT
CAPABILITIES" with a change to page 2, line 14 to read:
"house -keeping unit in a domestic bond of social or
economic or psychological committment to each other.."
Motion DeBellis, second Simpson
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Ciffi
NOES - None
Final Action: To introduce Ordinance No. 87-871.
Motion DeBellis, second Mayor Cioffi
AYES - DeBellis, Rosenberger, Simpson, Mayor Cioffi
NOES - Williams
MUNICIPAL MATTERS
8. REPORT ON SURVEY RE: CHANGING SEVEN (7) SILVER POSTED
METERS TO YELLOW POSTED METERS IN THE .2600 BLOCK OFHER-
MOSA AVENUE. Memorandum from General Services Director
Joan Noon dated January 6, 1987. (Continued from 1/13/
87 meeting.)
Continued to meeting of February 10, 1987.
9. REPORT ON ADVISABILITY OF RE-CREATING.BOARD OF ZONING
ADJUSTMENTS. Memorandum from Building and Safety Direc-
tor William Grove dated January 16, 1987.
Continued to meeting of February 10, 1987.
10. HERMOSA BEACH. PAVILION - TRAFFIC IMPACT STUDY, Memoran-
dum from Public Works Director Anthony Antich dated
January 19, 1987.
Continued to meeting of February 10, 1987.
11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a)
(b)
Statusreport re. Assembly Bill 2926. Memorandum from
City Manager Gregory T. Meyer dated January 8, 1987 with
resolution. Supplemental information - Copy of letter
from Thomas R. Martin to Barbara Ryan dated January 15,
1987. (Continued from 1/13/87 meeting.)
Continued to meeting of February 10, 1987.
Proceeding with sale of city -owned, lands to HMS Hermosa
Partnership re. hotel proposal. Memorandum from City
Manager Gregory T. Meyer dated January 8, 1987. (Con-
tinued from 1/13/87 meeting.)
Action: To authorize the City Manager to sign escrow
papers and other legal documents to effect the sale of
two city owned parcels (located at the southwest corner
of Manhattan Avenue & 14th Streets, Hermosa Beach) to
- 11 - Minutes 1-27-87
HMS Hermosa Partnership with the following terms and
conditions:
1. Sale price to be $450,000 consistent with the
agreed upon appraisal conducted by the Losson Ap-
praisal Company dated December 18, 1986;
2. Sale to be on the following terms as outlined in
Article III, Section 5, Terms of Purchase: 30%
cash down with the balance in the form of a note
secured by a first trust deed on the subject prop-
erties, bearing interest at 12% per annum, payments
of interest only payable quarterly; the accured
principal and interest shall be due and payable in
three years, or upon the funding of the construc-
tion loan, whichever shall occur first;
And further, that all such monies to be deposited
in the Parking fund, reserved for future parking
facilities.
3. Escrow to be handled by Warranty Escrow in Hermosa
Beach (this is agreeable with the buyer); Proration
of Costs & Income and Closing Costs to be pursuant
to Sections 9 and 10 of the Ground Lease With Op-
tion to Buy;
4. Escrow to close within 60 days, pursuant to Section
7 of the Ground Lease With Option to Buy;
5. Title to Premises and Title Insurance to be pur-
suant to Sections 6 and 8 of the Ground Lease With
Option to Buy;
6. Deed restriction to read as follows:
"Use of this property is restricted to the con-
struction, maintenance and operation thereon of a
hotel, including related restaurant, bar and com-
mercial facilities; said property shall revert to
City of Hermosa Beach should the property be devel-
oped in any other manner."
7. Concurrent with the close of escrow, City Manager
is authorized to release the $30,000 Lessee Deposit
now maintained at the Bank of America, Torrance
Main Branch; failure to fully exercise this pur-
chase option shall result in forfeiture by Lessee
to Lessor of the full deposit and any accrued
interest thereon.
8. Staff to explore retaining the public parking as
long as possible.
- 12 - Minutes 1-27-87
?)
?,C
?ii
Motion DeBellis, second Mayor Cioffi
AYES - DeBellis, Simpson, Mayor Cioffi
NOES - Rosenberger, Williams
P--en IPA (c) 1985-86 Outsice Au Report. Memorandum from City Man-
ager Gregory T. Meyer dated January 20, 1987.
Continued to meeting of February 10, 1987.
12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
(a)
(b)
(0)
Oral status report from Strand Bicycle Safety Committee
(Councilmember Williams). (Continued from 1/13/87
meeting.)
Continued to meeting of February 10, 1987.
Oral status report from Business Relations Subcommittee
(Councilmember Rosenberger). (Continued from 1/13/87
meeting.)
Continued to meeting of February 10, 1987.
Discussion re. Beach Cities Symphony funding (Mayor De-
Bellis). Continued from 1/13/87 meeting.)
Action: To fund the Beach Cities Symphony in the amount
of $500 to be paid from Prospective Expenditures, staff
to return with a contract for services.
Motion DeBellis, second Mayor Cioffi. So ordered noting
a NO vote by Williams.
(d) Consideration of Allowing the use of Municipal Buildings
for Shelters for the Homeless (Mayor DeBellis/Cioffi)
Continued to meeting of February 10, 1987.
13. OTHER MATTERS - CITY COUNCIL
14. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY. (Con-
tinued from 1/13/87 meeting.)
Continued to meeting of February 10, 1987.
15. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION. (Continued from 1/13/87 meeting.)
Continued to meeting of Februaryu 10, 1987.
APPEARANCE OF INTERESTED CITIZENS
None.
- 13 - Minutes 1-27-87
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa
Beach, California, adjourned on Wednesday, January 28, 1987 at
the hour of 12:07 A.M. to a Regular Meeting to be held on Tues-
day, February 10, 1987 at the hour of 7:30 P.M.
Depu
y City Clerk
- 14 - Minutes 1-27-87
Honorable Mayor and Members of the
Hermosa Beach City Council February 4, 1987.
City Council Meeting of
February 10, 1987
SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE BY-LAWS
RECOMMENDATION
It is recommended that this report be Received and Filed.
BACKGROUND
As a part of its deliberations in late 1986, the South Bay Corri-
dor Study Steering Committee developed a set of by-laws. None
had existed before. A copy is attached.
ANALYSIS
Councilmember Williams made available to us a copy of the By -Laws
and asked that the entire City Council be apprised of the Steer-
ing Committee's action.
Gre
Cit
ory
Manage
GTM/ld
Attachment
er
cc Planning Director Schubach
Public Works Director Antich
1
N
1116;poe? -rOD
November 20, 1986
'BY-LAWS
SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE
ARTICLE I
Membership and Voting
Section 1. The South Bay Corridor Study Steering Committee shall be
composed of duly appointed representatives from each of the
governmental entities signatory to the Joint Powers Agreement,
Phase II, South Bay Corridor Transportation Study in the County of
Los Angeles.
Section 2. Regular members of the Steering Committee from cities
shall be appointed by the respective City Councils from within each
City Council. *** <except for the City of Los Angeles. The members
of the Steering Committee from the City of Los Angeles, the
Department of Transportation of the State of California, and the
County of Los Angeles shall be officially determined by each of
those entities.>
Section 3. Alternate members of the
appointed as provided above; however,
Cities of Carson, El Segundo, Gardena,
Steering Committee may be
alternate members from the
Hawthorne, Hermosa Beach,
Second Draft November 20, 1986
Page 2
Inglewood, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates,
Rancho Palos Verdes,_ Redondo Beach, Rolling Hills, Rolling Hills
Estates, and Torrance, shall not have a vote on the Steering
Committee unless such alternate members shall be an elected member
of the respective City Council or Mayor of such city. Non -elective
alternate members of the Steering Committee from the above cities
shall have the privilege of participating in any discussion on any
matter coming before the Steering Committee.
ARTICLE II
Officers and Duties
Section 1. The officers of the Steering Committee shall be a
Chairman, a Vice -Chairman, and a Secretary -Treasurer.
Section 2. The Chairman shall preside at all meetings of the
Steering Committee, and shall be an ex -officio member of all
sub -committees. With the concurrence of the Steering Committee,
he/she shall appoint the members of any sub -committee provided by
these By-laws or subsequent ad hoc sub -committees approved by the
Steering Committee.
Second Draft November 20, 1986
Page 3
Section 3. The Vice -Chairman shall <act as an aid to the
Chairman> prepare the annual budget, and in the absence of the
Chairman, shall perform the duties of the Chairman.
Section 4. The Secretary -Treasurer shall keep written minutes of
all official meetings of the Steering Committee, shall write
official letters for the Steering Committee and maintain
correspondence, and shall receive and control all monies received by
the Steering Committee. However, with the concurrence of the
Steering Committee, the Secretary -Treasurer may delegate portions of
these duties to individuals and agencies as appropriate under the
circumstances and as provided in the Joint Powers Agreement.
Section 5. The officers of the Steering Committee shall be elected
to serve for a term of one year or until their successors are
elected by the Steering Committee. Such officers shall take office
at the first meeting of the fiscal year.
Section 6. The Steering Committee and the officers thereof shall be
responsible for the direction and administration of the Joint Powers
Agreement, Phase II, South Bay Corridor Transportation Study.
Second Draft November 20, 1986
Page 4
ARTICLE III
Fiscal Year
Section 1. The fiscal year of the Steering Committee shall be from
July 1 of a calendar year, through June 30 of the following calendar
year.
ARTICLE IV
Election of Officers
Section 1. A candidate for officer of the Steering Committee shall
be a regularly appointed member of the Steering Committee with the
right to vote on any matter coming before the committee.
Section 2. <Nominations for officers of the Steering Committee may
be made from the floor, and elections shall be held prior to the
beginning of the fiscal year.> A nominating Committee shall be
appointed for the purpose of submitting a slate of officers for the
Steering Committee at the May meeting. Nominations for officers may_
also be made from the floor. Elections shall be held in June prior
to the beginning of the fiscal year.
Second Draft November 20, 1986
Page 5
ARTICLE V
Election of New Members
Section 1. New members may be accepted by the membership majority
present. New members shall pay a $500.00 one time, initial
membership fee.
Section 2. New members shall be eligible to all voting rights upon
implementation of Section 1.
ARTICLE VI
Meetings
Section 1. Regular meetings of the Steering Committee shall be
held <at least> once each calendar month, or as needed, at the
place and time determined by the Steering Committee. Such meetings
shall start promptly at the scheduled time, and shall transact the
business of the Steering Committee in a prompt and orderly manner.
Regular meetings may be adjourned to a date and time certain.
Section 2. Special meetings of the Steering Committee may be called
by the Chairman, or by a minimum of three members, <or by the
Vice -Chairman in the absence of the Chairman,> by sending notice
Second Draft November 20, 1986
Page 6
of such meeting to the duly appointed members of the Steering
Committee at least seven days before the date of such special
meeting, or by calling a special meeting to be held at a date and
time certain as determined and announced at a regular meeting of the
Steering Committee.
Section 3. Unless otherwise determined in these By-laws, ROBERT'S
RULES OF ORDER REVISED, shall serve as parliamentary authority at
all meetings of the Steering Committee.
Section 4. A quorum of the Steering Committee shall consist of nine
(9) duly appointed members or alternate members who are qualified to
vote, and the vote required for the transaction of business of the
Steering Committee shall be by a simple majority of the voting
members present. Provided, however, no entity is entitled to more
than one vote. It is further provided that, notwithstanding the
above, the billings or invoices covering budgeted <regular>
operating expenses of the Steering Committee may be approved by an
affirmative vote of not less than six (6) members of the Committee
when a quorum is not present.
Second Draft November 20, 1986
Page 7
ARTICLE VII
Sub -Committees
Section 1. The Chairman of the Steering Committee, <with the
concurrence of the Steering Committee,> shall have the authority to
appoint members to the following sub -committees:
a. Community Participation
b. Publicity
c. Contract Funds and Budget
d. Legal
e. Technical
f. Nominating
g. Ad Hoc (as needed)
ARTICLE VIII
Employees and Services
Section 1. The Chairman of the Steering Committee, with the
concurrence of the majority of the entire Steering Committee, shall
have the authority to appoint the <following> employees of the
Steering Committee.
<a. Study Coordinator>
Second Draft November 20, 1986
Page 8
ARTICLE IX
Expenditure of Funds
Section 1. A budget for the Steering Committee shall be
prepared<as authorized by the Chairman> by the Vice -Chairman and
approved by the Steering Committee.
Section 2. Expenditures shall be made in accordance with the
approved budget unless otherwise authorized by a majority of the
Steering Committee at a regular or adjourned regular meeting.
Section 3. Expenditures authorized by the approved budget may be
made on a regular basis. <upon approval of the Steering
Committee.> A $500.00 revolving fund shall be authorized to meet
routine expenditures. All expenditures may be reported to the
Steering Committee on a regular basis.
<Section 4. Notwithstanding Section 3 above, payments to the
Consultant shall not be made without prior approval of the Steering
Committee.>
Second Draft November 20, 1986
Page 9
ARTICLE X
Amendments to the By -Laws
Section 1. These By-laws may be amended at any regular or adjourned
regular meeting of the Steering Committee by a two-thirds vote of
the entire membership, <those voting,> provided notice of any
proposed amendment was give at a previous regular meeting. All
proposed amendments to the By-laws must be submitted in writing.
Inclusion of the paragraph below is suggested by Councilwoman Joan
Milke Flores, City of Los Angeles.
***
ARTICLE I - Section 2
Regular members of the Steering Committee from cities shall be
appointed by the respective City Councils from within each City
Council, except for the City of Los Angeles, which shall select an
official member from among it's councilmembers representing all or
some of the "South Bay" communities of Harbor City, Harbor Gateway,
San Pedro, Westchester and Wilmington.
January 15, 1987
City Council Meeting
January 27, 1987
Mayor and Members
of the City Council
ORDINANCE NO. 87-868 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-2.14 OF THE
HERMOSA BEACH MUNICIPAL CODE MODIFYING DEADLINE TIME FOR
SUBMISSION OF AGENDA ITEMS TO CITY MANAGER AND AGENDA POSTING
REQUIREMENTS.
Submitted for waiver of further reading and adoption is Ordinance
No. 87-868 relating to the above subject.
At the regular meeting of January 13, 1987, this ordinance was
introduced by the following vote;
AYES: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis
NOES: None
ABSENT: None
ABSTAIN: None
Kathleen Midstokke, City Clerk
Concur:
Gregfbry fi. Heyer, Qity Manager
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"
ORDINANCE NO. 87-
868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
c SHERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-2.4.
/A OF THE HERMOSA BEACH MUNICIPAL CODE MODIFYING
DEADLINE TIME FOR SUBMISSION OF AGENDA ITEMS TO CITY
MANAGER AND AGENDA POSTING REQUIREMENTS.
GA -
EREAS, the City Council of the City of Hermosa Beach, in
order to comply with a new State requirement (California Govern-
ment Code Section 54950 et. seq.), needs to modify Section 2-2.4,
Agenda, of Article I, Chapter 2, "Administration".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA,. DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 2-2.4, paragraph 1, of Article I,
Chapter 2, "Administration", of the Municipal Code of the City of
Hermosa Beach, is hereby amended as follows:
"All reports, communications, ordinances, resolutions, con-
tract documents or other matters to be submitted to the council
at a regular meeting shall be delivered to the city manager not
11Jo,n
later than t6 -8.O a.m. on the Tuesday preceding the meeting."
That Section 2-2.4, paragraph 4, of Article I, Chapter 2,
"Administration", of the Municipal Code of the City of Hermosa
Beach, is hereby amended as follows:
"The agenda listing shall be made available to the public on
the Friday preceding the Tuesday council meeting and shall be
posted in accordance with State law, (California Government Code
Section 54954.2 as amended)."
SECTION 2. That this ordinance shall take effect thirty
(30) days after the date of its adoption.
SECTION 3. ''he City Clerk shall certify to the passage and
adoption of this ordinance and shall within fifteen (15) days
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APPROVED A TO OtM:
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CITY CLERK
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cause the same to be published in the Easy Reader, a weekly news-
paper of general circulation, published and circulated in the
City of Hermosa Beach.
PASSED, APPROVED AND ADOPTED this day of
1987.
ATTEST:
PRESIDENT of the City Council, and
MAYOR of the City of Hermosa Beach, California
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CITY ATTORNEY
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.f +"•=r Y+.y.: •.e✓•.yi.aa.�L:. +.a+..'vim.oKli,'0.t.,11tia ta.e.GY4:.v,+.,4:.+u.wi;Elkl `iif aafc•. { _.rim t i444.
§ 2-2.2 ADMINISTRATION § 2-2.4
Sec. 2-2.2. Meetings to be public; exception for executive ses-
sions.
All regular and special meetings of the city council shall
be public; provided, however, the city council may hold execu-
tive sessions during a regular or special meeting, from which
the public may be excluded, for any purpose permitted by
state law or by a court of competent jurisdiction in interpret-
ing said law. (Ord. No. 411 N.S., § 2, 11-16-71)
Sec. 2-2.3. Study sessions.
From time to time the council will meet in a study session
at a time and place to be designated by the council. Such
study sessions shall be noticed at the prior council meeting
and will be open to the public and the press. Such study ses-
sions shall ,be devoted to matters pertaining to which the in;
terchange of information preliminary to a regular meeting is
deemed to be essential. No official action or formal vote shall
be taken at such study session on any matter under discus-
sion; provided, however, that the councilmen in attendance
shall be entitled to express their opinion on any matter under
discussion. The participation of the public in such sessions
shall be subject to the discretion of the presiding officer. (Ord.
No. 411 N.S., § 2, 11-16-71)
Sec. 2-2.4. Agenda.
All reports, communications, ordinances, resolutions, con-
�gi tract documents or other matters to be submitted to the council
at a regular meeting shall be delivered to the city manager
not later than 12:00 noon on the Thursday preceding the
meeting.
Correspondence received in the city manager's office after
12:00 noon shall not be placed on the agenda unless it concerns
a matter to be considered by the council at the next regular
meeting or is determined by the city manager to be an urgent
matter which should be brought to the immediate attention of
the council.
The city manager shall prepare the agenda of all such
matters, and the agenda shall be delivered to the council -
Supp. No. 9-77
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§ 2-2.5 HERMOSA BEACH CITY CODE
§ 2-2.5
persons on the Thursday preceding the Tuesday council meet-
ing to which it pertains. CT agenda listing shall be made available to the public
prior to the council meeting.
Matters other than those listed on the agenda as prepared
and sent to the council which are brought, up during a council
meeting shall not be fully acted upon by the council but shall
be placed on the agenda for the next following regular meeting
for consideration; provided, however, that if any councilman
or the city manager determines that any matter is of an
urgent nature, it may be brought to the council's attention
at an open meeting with an explanation of the emergency or
urgency stated, and it may then be considered and acted upon
by the council only after consent has been obtained by a mo-
tion adopted by a majority vote of the council present. This
policy is not intended to invalidate any law or act of the
council which may be taken and which is otherwise valid but
in the violation of this policy, in that any act of the council
done in violation of this policy will be deemed by implication
to amend this section with reference to that act. •
The city council agenda may use a "consent calendar" per-
mitting grouping of routine matters to be handled by one
motion subject to passage by an affirmative vote of at least
three (3) members of said council, except that an item which
a council member desires to discuss may be removed by such
council member from the consent calendar. (Ord. No. 411
N.S., § 2, 11-16-71; Ord. No. 465 N.S., § 1, 6-19-73; Ord. No.
77-568, § 1(I) (a), 7-26-77)
Sec. 2-2.5. Council correspondence; availability to the public.
Correspondence addressed to the city council shall not be-
come a public record until received and filed by the council
at a regular, special or adjourned regular meeting of the
council.
Correspondence shall not be read aloud at a council meet-
ingunless requested by a majority vote of the council present.
(Ord. No. 411 N.S., § 2, 11-16-71)
Supp. No. 9-77
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February 2, 1987
City Council Meeting
February 10, 1987
Mayor and Members
of the City Council
ORDINANCE NO. 87-869 - 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.
Submitted for waiver of further reading and adoption is Ordinance
No. 87-869 relating to the above subject.
At the regular meeting of January 27, 1987, this ordinance was
introduced by the following vote:
AYES: DeBellis, Rosenberger, Simpson, Williams, Mayor Cioffi
NOES: None
ABSENT: None
ABSTAIN: None
Concur:
gor/ T. Meyer, Cit"y Manager
Kath een M dstokke; City Cl
SC 2-
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ORDINANCE NO. 87- 869
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.
WHEREAS, the City Council held a public hearing on January
13, 1987 and made the following Findings:
1. The State law requires consistency between the zoning and the
General Plan;
2. Rezoning the subject properties as indicated on the attached
Exhibits A through B will result in consistency between the
zoning and General Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
The Zoning Map shall be amended for various areas as shown on the
attached Exhibits and described as follows:
SW Area I, (Exhibit A) Rezone from R-3 Zone to R-2 Zone, legally
described as Lots 147-153 of Walter Ransom Company's Venable
Place Tract; Easterly portion of Lot 78 (excluding abandoned
railroad sub -spur portion of said lot) of Second Addition to
Hermosa Beach; Lots 124-131, 133-140 of Walter Ransom Company's
Venable Place Tract; Lots 100-104, 111-115 of Walter Ransom
Company's Venable Place Tract; Lots 69, 70, 71, Easterly portion
of Lot 72, 73, Easterly 20 feet of Lot> 82, 83, 84 and 85 of
Walter Ransom Company's Venable Place Tract; Lot 1 of Parcel Map
No. 12500, Lot 1 of Parcel Map No. 11474, and Lot 1 of Parcel Map
No. 13761, Lot 1 of Parcel Map No. 14503; Lots 33-40, 47-53 of
Walter Ransom Company's Venable Place Tract; Lots 1-8, 15, 17,
19, 20 of Walter Ransom Company's Venable Place Tract; Lot 1 of
Tract Map No. 41915, and Lot 1 of Parcel Map No. 5360.
SW Area IV, (Exhibit B) Rezone from C-1, Limited Business &
Residential, to R-3 Zone, legally described as Lots 1 and 2,
Block 39, 1st Addition to Hermosa Beach Tract.
PASSED, APPROVED and ADOPTED this day of - 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
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ATTEST:
APPROVED
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CITY CLERK
CITY ATTORNEY
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EXHIBIT A
AREA I
FOURTH
=✓+fir &!q
77//RD ST.
D
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0
70
m
SECOND S r.
EXISTING
General Plan:
Medium density
residential
Zoning:
R-3, M, and O:S.
PROPOSED CHANGE
Rezorie R-3 zone to
R-2 zone.
• •-•.t.. • -V • - ' • '‘-‘r-ti.V.147,-SVN4Vioc;4tetVVe;VV1414-,,,A1-4.t.?4,-741,44.0:44..i14,4 4r..t..V4V
4 V
• ".
•
EXHIBIT 'B
AREA, IV
Subject Location
-216 Hermosa Avenue
AREA IV
EXISTING
General Plan:
uncertain
Zoning:
'C-1
PROPOSED CHANGE
Rezone to R-3
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£1 _1_•lii iu u��r �r rv��riv�•
1. Location
a. Address: SW Areas I `I.I* IV, (*Area II delete by City Council_
action) See attached Maps
b. Legal:
2. Description
Zone Changes (see attached)
3. Sponsor
a. Name:
City of Hermosa Beach
b. Mailing Address:
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Beach •CA 90254
Planning Department, 1315 Valley Drive, Hermosa
Phone: 213 376 6984
NEGATIVE DECLARATION
In accordance with Resolution 79-4309 of the City of Hermosa beach, which im-
plements the California Environmental quality Act of 1970 in Hermosa Beach,
the Environmental Review Committee must make an environmental review of all
private projects proposed to be undertaken within the City, and the Planning
Commission must make an environmental review of all public projects proposed
to be undertaken within the City, which are subject to the Environmental
quality Act. This declaration is documentation of the review and, if it be-
comes final, no comprehensive Enviromnental Impact Report is required for
this project.
FINDING OF ENVIRONMENTAL REVIEW COMMITTEE
_We have undertaken and completed an Environmental Impact Review of this pro-
posed project in accordance with Resolution 79-4309 of the City Council of
Hermosa Beach, and find that this project does not require a comprehensive.
Environmental Impact Report because, provided the attached mitigation meas-
ures are included in the project, it would not have a significant effect on
the environment. Documentation supporting this finding is on file in the
Building Department.
11-17-86
Date of Finding
(4-neitid
Chairman, Environmental Review C ttee
FINDING OF THE PLANNING COMMISSION
We have undertaken and completed an Environmental Impact Review of this pro-
ject in accordance with Resolution 79-4309 of the City Council of Hermosa
Beach, and find that this project does not require a comprehensive Environ-
mental Impact Report because, provided the attached mitigation measures are
included in the project, it would not have a significant effect on the en-
vironment. Documentation supporting this finding is on file in the Build-
ing Dep( rmenit.
l/( f/
Date of Finding
Chairman, Planning Commission
FINDING OF THE CITY COUNCIL
We have undertaken and completed an environmental Impact Review of this pro-
posed project in accordance with Resolution 70-4309 of the City Council of
Hermosa Beach, and find this project does not require a comprehensive En-
vironmental Impact Report because, provided the attached mitigation meas-
ures are included in the project, it would not have a significant effect on .
the environment. Documentation supporting this finding is on file in the
Building Department.
Date of Findincr
Mayor, Hermosa Beach City Council
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ORDINANCE NO. 87 -
AN RDINANCE 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 THROUGH C.
WHEREAS, the City council held a public hearing on January
13,1987 and made the following Findings:
The State law requires consistency between the zoning and the
al Plan;
ging the subject properties as indicated on the attached
bits A through C will result in consistency between the
.ng and General Plan;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
The Zoning Map shall be amended for various areas as shown on the
attached Exhibits and described as follows:
SW Area I, (Exhibit A) Rezone from M -Zone and Open Space Zone to
R-3 Zone, legally described as Lots 9-14, 41-46, 74-76, 105-110
of Walter Ransom Company's Venable Place Tract; Lots 2-4 of Tract
81; and portions of Lot 78 of the iind Addition to Hermosa Beach
Tract including portions of abandoned Railroad subspur.
S Area II, (Exhibit B) Rezone from R-2 Zone to R-3 Zone, legally
de.cribed as Lots 1-5 of Block W and Lots 1-10 of Block V of
. ct No. 2002; Lots 1-9 of Block G and Lots 1-20 of Block H of
Tra 686; Lots 1-3 of Block F and Lots 1-6 of Block E of Tract
16 Lot 1 of Parcel Map No. 14584; Lot 1 of Parcel Map No.
31544; and Lot 1 of Parcel Map No. 27960.
Sw Area IV, (Exhibit C) Rezone from C-1, Limited Business &
Residential, to R-3 Zone, legally described as Lots 1 and 2,
Block 39, 1st Addition to Hermosa Beach Tract.
PASSED, APPROVED and ADOPTED this day of January, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
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ATTEST:
CITY CLERK
ROVED AS 0 '0'M
ITY ATTORNEY
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EXHIBIT A
AREA I
FIFTH
611,,,.,.
. FOURTH
654 ' 0 } ?02.
W
637 . ( 5
Iz , ,036.
01
1j 77//R D ST
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fig3
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m
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(&o7
702
7.0
SECC:11/0 S T.
(Ni
5970
FIRST PL^
XI 10122,7
XI
W
7/5
FIRST ST
o606 9 n7/D
w -
EXISTING
General Plan:
Medium density
residential
-- Zoning:
R-31 M, and O:S.
PROPOSED CHANGE
Redesignate to High
,Tensity Residential
and Rezone all M, &
Open Space to R-3.
-;+•"ra+'s...>63uili%3-aSo".,nsir�siii.Biu.x+.-ur:.-+rrt�..,.n..:..unrw•*...u,._•
...>.....,.....t�.Rwnti.i,tw".Fa�ri:..L".dXiiiS b.s.(Jl�su
EXHIBIT B
.AREA II
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EXISTING
G''eneral Plan:
High density
residential
Zoning:
R-2
PROPOSED CHANGE
Rezone to R-3
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EXHIBIT C
AREA, IV
Subject Location-
/
-216 Hermosa Avenue -
AREA IV
EXISTING
General Plan:
uncertain
Zoning:
C-1
PROPOSED CHANGE
Rezone to R-3
February 2, 1987
City Council Meeting
February 10, 1987
Mayor and Members
of the City Council
ORDINANCE NO. 87-871 - 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 CAPABILITIES.
Submitted for waiver of further reading and adoption is Ordinance
No. 87-871 relating to the above subject.
At the regular meeting of January 27, 1987, this ordinance was
introduced by the following vote:
AYES: DeBellis, Rosenberger, Simpson, Mayor Cioffi
NOES: Williams
ABSENT: None
ABSTAIN: None
Concur:
7c/2_4A,,
Kathleen Midstokke, City/961.1k
OVPt Uo.?N
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ORDINANCE NO. 87- 871
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
enforcement requires
effective in a court
WHEREAS, it
determined that successful
a zoning code requirements
of law; and
was determined that amending
illegal unit
that will be
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.
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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
:It -airway 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 possesing
the character of a relatively permanent single bona fide
op
house -keeping unit in a.domestic bond of..social, economic-_an'd
psycholgical 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."
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 oftheoccupants
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
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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
1987. �✓
PRESIDENT of the City Council, and
MAYOR of the City of Hermosa Beach, California
ATTEST:
A'PROVED AS T
CITY CLERK
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CITY ATTORNEY
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RESOLUTION NO. 87-
A RESO UTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR A
PROPOSED EXPANSION TO AN EXISTING CHURCH AT 2420 PACIFIC COAST
HIGHWAY, A PARKING PLAN FOR OFF-SITE PARKING, AND A NEGATIVE
DECLARATION.
WHEREAS, the City Council of the City of Hermosa Beach held a
public hearing on January 27, 1987 to receive both oral and
written testimony on appeals from the applicant and residents
regarding this matter; and
WHEREAS, the City Council made the following Findings:
A. The size and shape of the property is adequate for the
proposed development;
B. The proposed development is consistent with the General Plan;
C. The imposition of conditions and mitigation measures will
minimize any significant impacts;
D. Through common parking arrangements with adjacent uses,
parking will be provided;
E. The City Council at this meeting voted 4 to 1 to approve the
amended Conditional Use Permit, Parking Plan and Negative
Declaration;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF HERMOSA BEACH
DOES HEREBY APPROVE an amendment to the Conditional Use
Permit for the expansion of the existing church at 2420
Pacific Coast Highway subject to conditions listed below, a
Parking Plan subject to the conditions listed below, and a
Negative Declaration with mitigation measures.
1. The proposed development shall substantially conform to the
submitted plans allowing no encroachments or variances from
applicable City Codes and subject to the following
conditions.
2. All architectural treatment shall be as shown.
3. Parking shall be as shown and consist of a minimum of 250
parking spaces.
a. An area for 10 motorcycles shall be provided.
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b. Covenants shall be recorded with the deeds for both of
the deeded off-site parking areas at 2200 Pacific Coast
Highway and, also at the Lucky's market, 2510 Pacific
Coast Highway, making the City a party thereto, and
prohibiting the elimination of said off-site parking
without City approval.
4. Landscaping areas shall be as shown on submitted plans.
a. A landscape plan indicating the type, quantity and size
of all plant materials shall be submitted for review and
approval by the Planning Director.
b. An automatic sprinkler system shall be provided.
c. A minimum five (5) foot wide planter shall be provided
along the rear property line; parking spaces may be
reduced in depth by five (5) feet to accomodate planter.
5. A covenant recorded with the deed for the Hope Chapel
property at 2420 Pacific Coast Highway with the City a party
thereto, limiting the use of the property to a church without
prior City approval to modify, or change said use shall be
provided.
6. The hours of church services shall be limited to Fridays and
Saturdays commencing at 7:00 P.M., and Sundays commencing at
8:00 A.M., 10:15 A.M. and 7:00 P.M.
a. Any modification or addition to the hours of church
services and/or additional assembly type uses shall
require prior approval by the Planning Director with
appeal to the Planning Commission, or the function shall
be limited to available parking on-site.
7. There shall be compliance with all requirements of the Public
Works Department, Fire Department, Police and Building
Department.
8. The door on Borden Street shall not be used as a general
access door but for emergency purposes only. Panic hardware
for said door shall be provided limiting access for
emergencies only.
9. Any modifications or alterations of the block wall along the
south boundary of the lot must be approved by the Planning
Commission.
10. Any signs shall require sign permit approval prior to
installation.
11. Three (3) revised copies of site plans, floor plans,
elevations and landscape plans in conformance with the above
conditions of approval shall be submitted to the Planning
Department prior to the issuance of any Building Permits.
a. Covenants as required shall also be submitted with proof
of recordation.
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12. This resolution supercedes Resolution P.C. 154-1093.
13. This Conditional,Use Permit shall be reviewed by the Planning
Commission one year after implementation.
PASSED, APPROVED and ADOPTED this day of February, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
ATTEST:
PPROVED A: TFORM:
CITY CLERK
CITY ATTORNEY
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RESOLUTION 87-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DENYING ON APPEAL A REQUEST FOR A VARIANCE TO EXPAND
INTO THE REQUIRED REAR SETBACK AT 2420 PACIFIC COAST HIGHWAY,
HOPE CHAPEL.
WHEREAS, the City Council of the City of Hermosa Beach,
California, held a public hearing on January 27, 1987 to receive
.both oral and written testimony regarding Planning Commission's
approval of this request and made the following Findings. --
1. There are no exceptional or extraordinary circumstances or
conditions applicable to the property involved.
2. A substantial property right is not being denied which has
been granted to other property owners within the vicinity for
lots of similar size, shape, and location. -.
3. There are alternative ways to accomplish the proposed
remodeling which do not require a variance;
4. The City Council at this meeting voted unanimously to deny
this variance because of the above Findings;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH DOES HEREBY DENY a request for variance
to expand into the required rear setback at 2420 Pacific
Coast Highway, Hope Chapel.
PASSED, APPROVED and ADOPTED this day of February, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
ATTEST:
APPROVED AS T
FORM
CITY CLERK
e �r CITY ATTORNEY
2e
Law Offices of James P. Lough
JAMES P. LOUGH
TO:
FROM: James P. Lough, City Attorney
Linda LeVanway, Paralegal
February 4, 1987
CITY OF HERMOSA BEACH
MEMORANDUM
1605 WEST OLYMPIC BLVD.
SUITE 9018
LOS ANGELES, CALIFORNIA 90015
(213) 381-6131
CITY COUNCIL MEETING OF FEBRUARY 10, 1987
1v
Members of the City Council
RE: Repeal of Municipal Code 21-3
191/s
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RECOMMENDATION: This office recommends to the City Council of
Hermosa Beach that it repeal Hermosa Beach Municipal Code
Section 21-3. As it is worded, the city may run into legal
difficulties in its enforcement. It is our opinion that this
ordinance is overly broad in comparison to California Penal Code
Statute 415.
BACKGROUND: Penal Code Section 415, Disturbing the Peace, reads
as follows:
Any of the following persons shall be punished
by imprisonment in the county jail for a
period of not more than 90 days, a fine of not
more than- four hundred dollars ($400), or both
such imprisonment and fine:
(1) Any person who unlawfully fights in a
public place or challenges another person in a
public place to fight.
(2) Any person who maliciously and willfully
disturbs another person by loud and unreason-
able noise.
(3) Any person who uses offensive words in a
public place which are inherently likely to
provoke an immediate violent reaction.
)z- stk
The rationale behind comparing this Penal Code section with
Hermosa Beach Municipal Code Section 21-3 is that the court has
had to examine Penal Code Section 415 and its effect upon First
Amendment rights in several instances. Ordinance No. 21-3 could
be considered even more broadly written and vague in interpreta-
tion than the California Penal Code section.
14/SR0210A -1-
2a
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REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1987
TO: Members of the City Council
FROM: James P. Lough, City Attorney.
Linda LeVanway, Paralegal
RE: Repeal of Municipal Code 21-3
Subsection (1) has been upheld by the California courts and
really need not be examined here because Ordinance No. 21-3 does
not specifically address fighting in public.
Subsection (2) declares it a misdemeanor to "maliciously and
willfully disturb another person by loud and unreasonable
noise." In comparison, Ordinance No. 21-3 states:
Every person who shall, on any street,
sidewalk, alley or public place, or in or upon
any private house, building or premises, act
in a noisy, riotous or disorderly manner, or
use any profane, obscene or abusive language,
or become or be drunk or intoxicated, or do
any indecent or immoral act tending to debauch
the public morals or disturb the public peace,
shall be guilty of a misdemeanor.
The court in In Re Brown (1973) 9 Cal 3d 612, stated: "The
First Amendment precludes application of Penal Code 415, to
prohibit all loud speech which disturbs others, even if disturb-
ance was intended." Furthermore, the court said: "Although
reasonable regulations on the volune of speech are permissible,
a prohibition of all loud speech is not." While "loud speech"
cannot be prohibited, as Ordinance No. 21-3 attempts to do, if
the loud speech is intended to produce a violent reaction, it
may be prohibited.
Penal Code Section 415(3) prohibits any person from using
offensive words in a public place which are inherently likely to
provoke an immediate violent reaction. In People v. Callahan
(1985) 168 Cal App 3d 631, the court held in favor of the
defendant doctor when he was charged in violation of Penal code
Section 415 when he uttered offensive words in a public place to
a police officer. The court stated:
14/SR0210A -2-
REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1987
TO: Members of the City Council
FROM: James P. Lough, City Attorney
Linda LeVanway, Paralegal
RE: Repeal of Municipal Code 21-3
Defendant was not guilty, as a matter of law,
of violating Penal Code 415(3), uttering
offensive words in a public place which were
inherently likely to provoke an immediate
violent reaction, where the offensive language
was directed to a police officer investigating
an accident in front of defendant's house,
where the officer warned defendant to stop
interfering or he would arrest him for
delaying performance of duty (Penal Code
Section 148), where defendant was arrested
after disregarding the third warning, where
defendant's epithet was not inherently likely
to provoke an immediate violent reaction, and
where the officer was neither offended by the
foul language nor provoked to react violently.
His only concern was not being interrupted in
performing his duty, and the fact defendant
used opprobrious words did not create a Penal
Code 415 situation.
In Jefferson v. Superior Court (1975) 51 Cal App 3d 721, the
court was specific as to what acts constitute a breach of the
peace under Penal Code 415. They stated:
The mere use of a vulgar, profane, indecorous,
scurrilous, opprobrious epithet cannot alone
be grounds for prosecution under Penal
Code 415, for using 'offensive words in a
public place which are inherently likely to
produce a violent reaction.' It is not enough
that the auditor of the language in question
violently react to the words in the abstract
because he does not approve of profanity. The
context in which the words are used must be
considered, and there must be a showing that
they were uttered in a provocative manner, so
that there was a clear and present danger
violence would erupt.
14/SR0210A -3-
REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1987
TO: Members of the City Council
FROM: James P. Lough, City Attorney
Linda LeVanway, Paralegal
RE: Repeal of Municipal Code 21-3
ANALYSIS: Keeping the aforementioned authority in mind, this
office feels that Municipal Code Section 21-3 is overly broad
and would pose a problem in enforcement. Until a new "disor-
derly conduct" ordinance can be drafted in compliance with legal
standards, we recommend that the City Council of Hermosa Beach
repeal this ordinance.
NOTED:
GREGORY T. MEYER, City Manager
JPL/LL/gp
likRespectfully
14/SR0210A -4-
r
S P. LOUGH, City Attorney
TY OF HERMOSA BEACH
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ORDINANCE NO. 87 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, REPEALING MUNICIPAL CODE
SECTION 21-3 AS A RESULT OF ITS VAGUE AND OVERLY
BROAD LANGUAGE WHICH RENDERS IT UNENFORCEABLE.
WHEREAS, the City Council of the City of Hermosa Beach,
California has enacted Hermosa Beach City Code Section 21-3
which makes, it a misdemeanor to engage in disorderly conduct;
WHEREAS, the City Council of Hermosa Beach recognizes that
the City of Hermosa Beach may have difficulty enforcing
Section 21-3 in that it does not give the Police Department
standards as clearly defined as possible;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Hermosa Beach City Code Section 21-3,
Disorderly Conduct, is hereby repealed.
Section 2. That this ordinance shall become effective and
be in full force and effect from and after thirty (30) days
after its final passage and adoption.
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///
///
14/ORD15 -1-
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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, in the manner provided by law.
Section 3. 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, and shall make minutes of
the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and
adopted.
PASSED, APPROVED AND ADOPTED ON THE DAY OF FEBRUARY,
1987.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
Ii TY ATTORNEY
14/ORD15
-2-
PRESIDENT OF THE CITY COUNCIL
AND MAYOR OF THE CITY OF
HERMOSA BEACH, CALIFORNIA
January 20, 1987
Mr. Greg Meyer
City Manager
Hermosa Beach, CA 90254
Dear Mr. Meyer:
Per our conversation of 1/15/87 regarding
underground utilities for the north end of
Hermosa Beach (35th Street to 24th Street)
adjacent to the Strand. We have been
promised this for the past 20 years. Past
money went to Pacific Coast Hwy. The City
has a document, passed by the City Council
stating "we will be next to have under-
ground utilities."
Can any surplus City money be devoted to
(1) an engineering report to determine cost,
and (2) accomplishment of this project?
Sincerely
D. W. tar:iner
3031 Strand
Hermosa Beach, CA 90254
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