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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 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- 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 1 i 2 3 4 5 6 7 8 9 APPROVED A TO OtM: 10 11 CITY CLERK 12 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY ATTORNEY - 2 - .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 10.1 § 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 10.2 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- 90 2b 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- 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 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 ATTEST: APPROVED vw CITY CLERK CITY ATTORNEY 2 • ••' v 1 r N • EXHIBIT A AREA I FOURTH =✓+fir &!q 77//RD ST. D 3 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 . • • £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: - 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 1 2 3 4 5 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; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 110 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 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 ATTEST: CITY CLERK ROVED AS 0 '0'M ITY ATTORNEY 2 .y • `• - bs _ . 1 r N EXHIBIT A AREA I FIFTH 611,,,.,. . FOURTH 654 ' 0 } ?02. W 637 . ( 5 Iz , ,036. 01 1j 77//R D ST D fig3 0 m 30 (&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 • iT 1 EXISTING G''eneral Plan: High density residential Zoning: R-2 PROPOSED CHANGE Rezone to R-3 • 1 1'1 •• 4 •,• N -, =,•,)**0[6,KtrAt"..,:t.-1--- , • . -.. - , - • • 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 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- 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. -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 :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 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 1987. �✓ PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: A'PROVED AS T CITY CLERK -3- CITY ATTORNEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 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. 2d 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. 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. 2 1 2 3 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E 26 27 28 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 31P 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 w 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 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, 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. /// /// /// 14/ORD15 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 2 2 28 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 LL 77----- \1 a de -----Jade l a . l �- 6-hcao-ci ?qp d; , c, 'j Ct /30.-/t CG[ 9do?)44 N\XA&L SL4>xz_. tr\ mow.`,""- 4 b