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Home My WebLink About01/13/87ACTION SHEET ACTION SHEET "One learns in life to keep silent and draw one's own confusions" -Cornelia Otis Skinner AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, January 13, 1987 - Council Chambers, City Hall MAYOR Tony DeBellis MAYOR PRO TEM John Cioffi COUNCILMEMBERS Jim Rosenberger Etta Simpson 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: CERTIFICATES OF APPRECIATION: Most Valuable Players, South Bay Union High School District PROCLAMATIONS: Youth Employment Week, January 25 - 31, 1987. 80th Anniversary City of Hermosa Beach incorporation, January 14, 1907 INTRODUCTION OF NEW EMPLOYEES: Billy Joe Garfield & Scott Romer, General Services Oiiicers 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.) 1 (a) Approval of Minutes: Regular meeting of the City Coun- cil held on December 16, 1986. Recommended Action: To approve minutes. (b) Demands and Warrants: January 13, 1987. Recommended Action: To approve Demands and Warrants Nos. through inclusive. (c) Tentative Future Agenda Items. Recommended Action: To receive and file. (d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated January , 1987. Recommended Action: To receive and file. (e) Request for Closed Session. Memorandum from City Man- ager Gregory T. Meyer dated January 5, 1987. Recommended Action: To calendar a closed session for Tuesday, January 27, 1987 at 6:00 p.m. (f) Annual Investment Policy for 1987. Memorandum from City Treasurer Norma Goldbach dated January 7, 1987. Recommended Action: To receive and file. Montbly Investment Report - December, 1986. Memorandum from City Treasurer Norma Goldbach dated January 8, 1987. (g) Recommended Action: To receive and file. (b) City Treasurer's Report: November, 1986. Recommended Action: To receive and file. PULLED BY DEB - ASKED ABOUT CDBG - GTM EXPLAINED IT WAS MONEY EXPENDED BY CITY BUT REIMBURSEMENT STILL OWED BY FEDS. MOTION DEB/SI TO SEND LETTER TO SECY. OF HOUSING & URBAN DEV. ASKING FOR THE FUNDS (OK TO SEND AFTER 1/27). OK 5-0. MOTION TO R & F. OK 5-0. (i) Monthly Revenue Report: November, 1986. Recommended Action: To receive and file. Monthly Expenditure Report: November, 1986. Recommended Action: To receive and file. (j) 2 (k) Request for design proposals CIP 85-137 Highland Avenue and CIP 85-102 Valley/Ardmore at Gould Street Improve- ments. Memorandum from Public Works Director Anthony Antich dated December 30, 1986. (1) Recommended Action: Authorize staff to solicit design proposals for the projects and issue addendums as necessary. Child Abuse Monthly Report. Memorandum from Community Resources Director Alana Mastrian dated December 23, 1986. Recommended Action: To receive and file. (m) Piano Use Policy. Memorandum from Community Resources Director Alana Mastrian dated January 5, 1987. Recommended Action: To acknowledge the piano policy adopted by the Community Center Foundation and convey to the Foundation the City's desire to take advantage of the use of both pianos per the conditions of this policy. PULLED BY WI - ASKED ABOUT RENTING BY HOUR RATHER THAN DAY. AMM EXPLAINED. MOTION DEB/CIO TO APPROVE STAFF RECOMMENDATION. OK 5-0. (n) 1985-86 Outside Audit Report. Memorandum from City Man- ager Gregory T. Meyer dated January 8, 1987. Recommended Action: To accept report and implement the staff recommendations. GTM PULLED AND ASKED COUNCIL TO CONTINUE TO 1/27 WHEN IT WILL BE PLACED UNDER CITY MANAGER ITEMS RATHER THAN CONSENT CALENDAR. (0) Request for appropriation - performance pay. Memoran- dum from Finance Administrator Viki Copeland dated January 8, 1987. Recommended Action: Appropriate $42,000 to departmental regular salaries accounts. (p) Approval of consultant agreement for traffic signal design for various CIPs. Memorandum from Public Works Director Anthony Antich dated December 22, 1986. Recommended Action: To authorize the Mayor to sign agreement for a traffic signal design consultant. PULLED BY JR - TO QUESTION ANTICH RE. NUMBER, TYPE, ETC. OF CON- SULTANT AGREEMENTS WE HAVE AND ARE THEY OVERLAPPING, ETC. MOTION JR/DEB TO APPROVE STAFF RECOMMENDATION. OK 5-0. - 3 (q) (r) (s) Approval of plans and specifications and authorization to call for bids - asphalt street repair (CIP 86-163). Memorandum from Public Works Director Anthony Antich dated January 5, 1987. Recommended Action: To approve the plans and specifica- tions and authorize call for bids. Request for Proposals for electrical upgrade at City Hall (CIP 86-602). Memorandum from Public Works Direc- tor Anthony Antich dated January 5, 1987. Recommended Action: Authorize issuance of request for proposals. Request for Proposal for a transportation study to im- prove and expand the HERMAN Commuter Bus Service and examine other bus services in the area. Memorandum from Planning Director Michael Schubach dated January 6, 1986. Recommended Action: To approve the RFP for a transpor- tation study to expand and improve the HERMAN Commuter Bus Service, and examine other viable bus services in the area. PULLED BY JR - ASKED WHAT CHANCES ARE OF OTHER CITIES BEING IN- VOLVED IN HERMAN. SCHUBACH SAID GOOD CHANCE. JR WOULD LIKE TO CHANGE RFP AS FOLLOWS UNDER SCOPE OF WORK: ADD (8) THE FEASIBILITY OF CORPORATE PARTICIPATION AND PARTNERSHIP IN PROMOT- ING AND OPERATING THE SYSTEM; (9) TO DETERMINE THE POSSIBLE AND LIKELY PARTICIPATION OF OTHER CITIES AND WHAT CONDITIONS AND STIPULATIONS OTHER CITIES MIGHT HAVE OR NOT PARTICIPATE; (10) EXAMINE THE ALTERNATIVES CURRENTLY PROVIDED BY VARIOUS CORPORA- TIONS IN THE AREA SUCH AS EL SEGUNDO EMPLOYEE'S ASSOCIATION. MO- TION DEB/JR - TO APPROVE RFP WITH AMENDMENTS AS NOTED. OK 5-0. (t) Request for Proposal for Parking, Circulation, and Transportation Element, and Environmental Impact Report. Memorandum from Planning Director Michael Schubach dated January 6, 1987. Recommended Action: Authorize issuance of request for proposals. PULLED BY JR - ASKED FOR EXPLANATION OF LICENSE PLATE SURVEY. GIVEN BY SCHUBACH. JPL WOULD LIKE TO ADD LANGUAGE RE. COUNCIL ABILITY TO ACCEPT, REJECT OR REBID. MOTION JR/CIO TO APPROVE WTIH JPL AMENDMENT. OK 5-0 (u) Request to authorize a clerical revision in the Police/ Fire staffing within current budget. Memorandum from Public Safety Director Steve S. Wisniewski dated January 6, 1987. 4 Recommended Action: To authorize one full time Clerk Typist position in the Fire Department (effective March 1, 1987). (v) Supplemental MOUS with Teamsters 911: 1) General Bar- gaining Group re. Planning Aide; 2) Administrative Bar- gaining Group re. Planning Associate. Memorandum from Personnel Administrator Robert Blackwood dated January 2, 1987. Recommended Action: Authorize City Manager to sign on behalf of City. (w) Notice of 1987 - '88 increase in dues from SCAG. Memo- randum from City Manager Gregory T. Meyer dated December 26, 1986. Recommended Action: To endorse the proposed By -Laws modifications for SCAG and authorize a Delegate to vote in favor of the dues increase at the January 29, 1987 Business Session of the SCAG General Assembly. DEB INDICATED SIMPSON WOULD ATTEND MTG. IN HIS PLACE. HOW DO WE WANT HER TO VOTE. MOTION DEB/JR - VOTE TO APPROVE DUES INCREASE AND BY-LAWS CHANGE . YES, 5-0 MOTION DEB/CIO - TO APPROVE REMAINDER OF CONSENT CALENDAR. SO ORDERED. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 86-867 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAP- TER 19-1/2, ARTICLE 11, SECTION 19 1/2-10 OF THE MUNICIPAL CODE, REGULATING THE USE OF LEAF BLOWERS. For waiver.of further reading and adoption. MOTION JR/CIO TO ADOPT ORDINANCE. OK 5-0. (b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-2.4, AGENDA, OF THE MUNICIPAL CODE MODIFYING THE DEADLINE TIME FOR SUB- MISSION OF AGENDA ITEMS TO THE CITY MANAGER. For waiver of full reading and introduction. Memorandum from City Manager Gregory T. Meyer dated January 6, 1987. MOTION DEB/JR TO INTRODUCE ORDINANCE. OK 5-0. (c) AN EMERGENCY 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 CLASSIFICATION FOR A PARTICULAR PROPERTY TO BE DEVELOPED OR IMPROVED. For waiver of full reading and adoption by a 4/5 vote. Memorandum from City Attorney James P. Lough dated January 7, 1987. - 5 PULLED FOR AUDIENCE PARTICIPATION. DISCUSSION WAS THEN CARRIED ON BY COUNCIL. JR SAID COULD NOT SUPPORT TONIGHT. DEB WOULD LIKE A PUBLIC HEARING BUT WOULD SUPPORT ANYWAY. SI - SAID SHE ASKED TO HAVE THIS ON AGENDA - FELT COUNCIL HAD CLEAR SUPPORT FROM COMMUNITY. MOTION JR/WI FOR A REGULAR ORDINANCE, FOR PREPARATION OF A REGU- LAR ORDINANCE WITH PUBLIC HEARING FIRST MEETING IN FEB. OK 3-2 (DEB -CIO -NO). DEB WOULD LIKE STAFF TO INVESTIGATE OPINIONS OF ATTORNEY RE. CONSISTENCIES. (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EVIDENCING ITS INTENT TO SEND TO THE PLANNING COMMISSION A CHARGE TO HOLD A PUBLIC HEARING AND INVESTIGATE WHAT STEPS ARE NECESSARY TO ALLEVIATE PROBLEMS CAUSED BY SEPARATE SALE OR SEPARATION OF CON- TIGUOUS PARCELS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE AND TO MAKE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF AN ORDINANCE PROHIBITING THE SEPARATE SALE OR SEPARATION OF SUCH CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPER- TY LINE. To adopt report and adopt the resolution. Memorandum from City Attorney James P. Lough dated January 7, 1987. MOTION DEB/CIO TO ADOPT. OK 5-0. MOTION DEB/SI TO ALSO ADOPT STAFF REPORT. OK 5-0 (e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE 100TH CONGRESS TO PASS THE REAUTHORIZATION LEGISLATION OF THE CLEAN WATER ACT AS SWIFTLY AS POSSIBLE. For waiver of full reading and adoption. MOTION DEB/JR TO ADOPT RESOLUTION. OK 5-0. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. 4. WRITTEN COMMUNICATIONS FROM THE PUBLIC. PUBLIC HEARINGS 5. PROPOSED GENERAL PLAN/ZONING AMENDMENTS AS FOLLOWS: GENERAL PLAN AMENDMENTS: SW AREA IVA - REDESIGNATE FROM HIGH DENSITY RESIDENTAL TO NEIGHBORHOOD COMMERCIAL; STRAW VOTE TO SUPPORT RECOMMENDATION. SW AREA V - REDESIGNATE FROM GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL; STRAW VOTE TO SUPPORT RECOMMENDATION SW AREA VI - REDESIGNATE FROM HIGH DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL; - 6 - STRAW VOTE TO SUPPORT RECOMMENDATION. SW AREA VII - REDESIGNATE FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL OR MAKE NO AMENDMENT TO EXISTING MEDIUM DENSITY RESIDENTIAL DESIGNATION (SEE ZONE CHANGES BELOW); STRAW VOTE 3-2 (SI/WI-NO) TO SUPPORT SW AREA I - REDESIGNATE FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL OR MAKE NO AMENDMENT TO EXISTING MEDIUM DENSITY RESIDENTIAL DESIGNATION (SEE ZONE CHANGES BELOW); MOTION DEB/CIO TO REDESIGNATE AREA EAST OF LINE BETWEEN MANUFACTURING AND R-3 (EXHIBIT E) AS HIGH DENSITY RESIDENTIAL. NO SUPPORT. MOTION DEB/JR TO LEAVE AREA AS STATED IN ABOVE MOTION MEDIUM DENSITY RESIDENTIAL AND REZONE THOSE PROPERTIES TO R-2. AREA WEST OF DIVIDING LINE ON EXHIBIT E TO CONSIDER DESIGNATING INDUSTRIAL ZONE. SW AREA II - REDESIGNATE FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL (SEE ZONE CHANGE BELOW) OR MAKE NO AMENDMENT TO EXISTING HIGH DENSITY RESIDENTIAL; STRAW VOTE TO SUPPORT RECOMMENDATION. ZONING CHANGES: SW AREA I - REZONE FROM M -ZONE AND OPEN SPACE ZONE TO R-3, MULTIPLE FAMILY RESIDENTIAL, OR REZONE R-3, M, AND OPEN SPACE AREAS TO R-2 ZONE, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL; MOTION DEB/CIO THAT AREA NOW ZONED "M" BE REFERRED TO PLANNING COMMISSION TO RESTUDY TO ENCOURAGE BUSINESSES TO STAY AND ALSO CONSIDER THE RESIDENTIAL USES EXISTING ON SOME OF THOSE "M" ZONED LOTS. KR ASKED P.C. TO STUDY CHANGING ALLOWABLE USES IN "M" ZONE TO INCLUDE BODY SHOPS. AREA EAST OF DIVIDING LINE PRESENTLY ZONED R-3 CHANGE TO R-2. JR AND WI SUGGESTED STUDY OF POSSIBLE USE OF CUPS TO HANDLE BODY SHOPS. SW AREA II - REZONE FROM R-2, TWO FAMILY RESIDENTIAL TO R-3, MULTIPLE FAMILY RESIDENTIAL OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL INCLUDING NO CHANGE TO EXISTING R-2 ZONE; STRAW VOTE TO NOT MAKE ANY CHANGES SW AREA IV - REZONE FROM C-1, LIMITED BUSINESS AND RESIDENTIAL TO R-3, MULTIPLE FAMILY, OR TO SUCH - 7 - OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL. STRAW VOTE DEB/JR TO GO WITH P.C. RECOMMENDATION. OK 4-1 (WI -NO) Memorandum from Planning Director Michael Schubach dated January 5, 1987 with accompanying resolution and ordinance. MOTION DEBELLIS TO TAKE ALL STRAW VOTES BACK AND COME BACK 1/27 WITH ORDINANCE FOR INTRODUCTION. RECESS AT 11 P.M. RECONVENED AT 11:20 P.M. HEARINGS 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-824 TO MAKE ALLOWANCES FOR PROJECTS UNABLE TO MEET THE PERMIT DEAD- LINE DUE TO COASTAL COMMISSION HEARINGS. Memoranda from Building and Safety Director William Grove dated January 5, 1987 and City Attorney James P. Lough dated December 10, 1986. MOTION JR/SI TO RECEIVE AND FILE. OK 4-1 (DEB -NO) 7. PROPOSED EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION. Memorandum from Personnel Administrator Robert Blackwood dated January 5, 1987. FOLLOWING DISCUSSION DEB/WI MOTION TO CALENDAR TO CLOSED SESSION ON 1/27. SO ORDERED. MOTION TO ADJOURN BY CIOFFI/DEBELLIS TO CLOSED SESSION ON THURSDAY AT 6:30 P.M. - REMAINDER OF THIS AGENDA TO MOVE TO 1/27. OK 3-2 (WI/JR-NO) ADJOURN IN MEMORY OF MRS. LORRAINE HALES. ***************************************************************** 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 8. 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. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER "One learns in life to keep silent and draw one's own confusions" -Cornelia Otis Skinner AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, January 13, 1987 - Council Chambers, City Hall MAYOR Tony DeBellis MAYOR PRO TEM John Cioffi COUNCILMEMBERS Jim Rosenberger Etta Simpson 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: OA \,4, CERTIFICATES OF APPRECIATION: Most Valuable Players, South Bay Union High School District PROCLAMATIONS: th Employment Week, January 25 - 31, 1987. N,Oth Anniversary City of Hermosa Beach in orporation, January 14,, 19 7 INTRODUCTION OF NEW EMPLOYEES: \Billy Joearfield;& Scott Romer, General ervices Officers 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.) 1 (a) Approval of Minutes: Regular meeting of the City Coun- cil held on December 16, 1986. Recommended Action: To approve minutes. (b) Demands and Warrants: January 13, 1987. Recommended Action: To approve Demands and Warrants Nos. through inclusive. Tentative Future Agenda Items. Recommended Action: To receive and file. City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated January , 1987. Recommended Action: To receive and file. (e) Request for Closed Session. Memorandum from City Man- ager Gregory T. Meyer dated January 5, 1987. Recommended Action: To calendar a closed session for Tuesday, January 27, 1987 at 6:00 p.m. (f) Annual Investment Policy for 1987. Memorandum from City Treasurer Norma Goldbach dated January 7, 1987. Recommended Action: To receive and file. (g) Monthly Investment Report - December, 1986. Memorandum from City Treasurer Norma Goldbach dated January 8, 1987. Recommended Action: To receive and file. City Treasurer's Report: November, 1986. (1.0 Recommended Action: To receive and file. (1) Monthly Revenue Report: November, 1986. Recommended Action: To receive and file. (j) Monthly Expenditure Report: November, 1986. Recommended Action: To receive and file. (k) Request for design proposals CIP 85-137 Highland Avenue and CIP 85-102 Valley/Ardmore at Gould Street Improve- ments. Memorandum from Public Works Director Anthony Antich dated December 30, 1986. Recommended Action: Authorize staff to. solicit design proposals for the projects and issue addendums as necessary. - 2 Child Abuse Monthly Report. Memorandum from Community Resources Director Alana Mastrian dated December 23, 1986. Recommended Action: To receive and file. Piano Use Policy. Memorandum from Community Resources Director Alana Mastrian dated January 5, 1987. Recommended Action: To acknowledge the piano policy adopted by the Community Center Foundation and convey to the Foundation the City's desire to take advantage of the use of both pianos per the conditions of this policy. 1985-86 Outside Audit Report. Memorandum from City Man- ager Gregory T. Meyer dated January 8, 1987. Recommended Action: To accept report and implement the staff recommendations. Request for appropriation - performance pay. Memoran- dum from Finance Administrator Viki Copeland dated January 8, 1987. Recommended Action: Appropriate $42,000 to departmental regular salaries accounts. (q) (r) pesproval of consultant agreement for traffic signal design for various CIPs. Memorandum from Public Works Director Anthony Antich dated December 22, 1986. Recommended Action: To authorize the Mayor to sign agreement for a traffic signal design consultant. Approval of plans and specifications and authorization to call for bids - asphalt street repair (CIP 86-163). Memorandum from Public Works Director Anthony Antich dated January 5, 1987. Recommended Action: To approve the plans and specifica- tions and authorize call for bids. Request for Proposals for electrical upgrade at City Hall (CIP 86-602). Memorandum from Public Works Direc- tor Anthony Antich dated January 5, 1987. Recommended Action: Authorize issuance of request for proposals. Request for Proposal for a transportation study to im- prove and expand the HERMAN Commuter Bus Service and examine other bus services in the area. Memorandum from Planning Director Michael Schubach dated January 6, 1986. (v) Recommended Action: To approve the RFP for a transpor- tation study to expand and improve the HERMAN Commuter Bus Service, and examine other viable bus services in the area. Request for Proposal for Parking, Circulation, and Transportation Element, and Environmental Impact Report. Memorandum from Planning Director Michael Schubach dated January 6, 1987. Recommended Action: proposals. Authorize issuance of request for Request to authorize a clerical revision in the Police/ Fire staffing within current budget. Memorandum from Public Safety Director Steve S. Wisniewski dated January 6, 1987. Recommended Action: To authorize one full time Clerk Typist position in the Fire Department (effective March 1, 1987). Supplemental MOUs with Teamsters 911: 1) General Bar- gaining Group re. Planning Aide; 2) Administrative Bar- gaining Group re. Planning Associate. Memorandum from Personnel Administrator Robert Blackwood dated January 2, 1987. Recommended Action: Authorize City Manager to sign on behalf of City. Notice of 1987 - '88 increase in dues from SCAG. Memo- randum from City Manager Gregory T. Meyer dated December -61986. 2. (a) Recommen modifica in avo. in - us s s ed Action: To endorse the proposed By -Laws ions for SCAG and authorize a Delegate to vote of the dues increase at the January 29, 1987 Session of the SCAG General Assembly. ORDINANCES AND RESOLUTIONS ORDINANCE NO. 86-867 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAP- TER 19-1/2, ARTICLE 11, SECTION 19 1/2-10 OF THE MUNICIPAL CODE, REGULATING THE USE OF LEAF BLOWERS. For waiver of further reading and adoption. (b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-2.4, AGENDA, OF THE MUNICIPAL CODE MODIFYING THE DEADLINE TIME FOR SUB- MISSION OF AGENDA ITEMS TO THE CITY MANAGER. For waiver of full reading and introduction. Memorandum from City Manager Gregory T. Meyer dated January 6, 1987. sly 4 -0- istp6MQ m (c) AN EMERGE CY ORDINANCE OF THE CIY COUNCIL OF THE CITY OF HERMOS BEACH, CALIFORNIA, TO PROHIBIT THE ISSUANCE OF BUILDING PERMITS FOR DEVELOPMENTS THAT DO NOT MEET HE. STANDARDS OF BOTH THE GENERAL PLAN DESIGNATION AND p411 t ZONING CLASSIFICATION FOR A PARTICULAR PROPERTY TO BE DEVELOPED OR IMPROVED. For waiver of full reading and 4') adoption by a 4/5 vote. Memorandum from City Attorney - James P. Lough dated January 7, 1987. (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EVIDENCING ITS INTENT TO SEND TO THE PLANNING COMMISSION A CHARGE TO HOLD A PUBLIC HEARING AND INVESTIGATE WHAT STEPS ARE NECESSARY TO ALLEVIATE PROBLEMS CAUSED BY SEPARATE SALE OR SEPARATION OF CON- TIGUOUS PARCELS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE AND TO MAKE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF AN ORDINANCE PROHIBITING THE SEPARATE SALE OR SEPARATION OF SUCH CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPER- TY LINE. Toadopt report and adopt the resolution. Memorandum from City Attorney James P. Lough dated January 7, 1987. (e) A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING THE 100TH CONGRESS TO PASS THE REAUTHORIZATION LEGISLATION OF THE CLEAN WATER ACT AS SWIFTLY AS POSSIBLE. For waiver of full reading and adoption. cq-AALLA wk 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARAT DISCUSSION. 4. WRITTEN COMMUNICATIONS FROM THE PUBLIC. PUBLIC HEARINGS 5. PROPOSED GENERAL PLAN/ZONING AMENDMENTS AS FOLLOWS: GENERAL PLAN AMENDMENTS: SW AREA IVA - REDESIGNATE FROM HIGH DENSITY RESIDENTAL TO NEIGHBORHOOD COMMERCIAL; SW AREA V - REDESIGNATE FROM GENERAL COMMERCIAL TO NEIGHBORHOOD COMMERCIAL; �— SW AREA VI - REDESIGNATE FROM HIGH DENSITY '� RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL; �j�1 SW AREA VII - REDESIGNATE FROM MEDIUM DENSITY vAulRESIDENTIAL TO HIGH DENSITY RESIDENTIAL OR MAKE NO c AMENDMENT TO EXISTING MEDIUM DENSITY RESIDENTIAL DESIGNATION (SEE ZONE CHANGES BELOW); SW AREA II - REDESIGNATE FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL (SEE ZONE CHANGE BELOW) OR MAKE NO AMENDMENT TO EXISTING HIGH DENSITY RESIDENTIAL; ZONING CHANGES: SW AREA I - REZONE FROM M -ZONE AND OPEN SPACE ZONE TO R-3, MULTIPLE FAMILY RESIDENTIAL, OR REZONE R-3, M, AND OPEN SPACE AREAS TO R-2 ZONE, OR TO SUCH - 5 - HEARINGS OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL; SW AREA II - REZONE FROM R-2, TWO FAMILY RESIDENTIAL TO R-3, MULTIPLE FAMILY RESIDENTIAL OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL INCLUDING NO CHANGE TO EXISTING R-2 ZONE; SW AREA IV - REZONE FROM C-1, LIMITED BUSINESS AND RESIDENTIAL TO R-3, MULTIPLE FAMILY, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL. Memorandum from Planning Director Michael Schubach dated January 5, 1987 with accompanying resolution and ordinance. 6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-824 TO MAKE ALLOWANCES FOR PROJECTS UNABLE TO MEET THE PERMIT DEAD- LINE DUE TO COASTAL COMMISSION HEARINGS. Memoranda from Building and Safety Director William Grove dated January 5, 1987 and City Attorney James P. Lough dated December 10, 1986. 7. D PROPOSED EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESO UTION. Memorandum from Personnel Administrator obert Blackwood dated January 5, 1987. Citizens wishing to address the City Council on any of the remaining items on the agenda may request to do so at the time the item is called. ****************m********************************************** *Ycyc*Yc*ycYc**********,cyc**Yc*9c*3c****Yr**Yc*********** MUNICIPAL MATTERS 8. 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. 9. 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. (b) UA 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. (s- - 6 - 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Oral status report from Strand Bicycle Safety Committee (Councilmember Williams). (b) Oral status report from Business Relations Subcommittee (Councilmember Rosenberger). (c) Discussion re. Beach Cities Symphony funding (Mayor .DeBellis). (d) Request for temporary modification to City Clerk's sala- ry due to medical leave of absence of Chief Deputy City Clerk. Memorandum from City Clerk Kathleen Midstokke dated January 7, 1987. Recommended Action: To adopt Resolution 87- "A Resolution of the City Council of the City of Hermosa Beach, CA fixing additional temporary compensation to be received by the City Clerk." 11. OTHER MATTERS - CITY COUNCIL Lc.0... 12. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY. (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. (c) Other matters. 13. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION. (a) CONSENT CALENDAR (b) 1) Approval of minutes of the October 14, 1986 meeting. 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. 7 (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 - 8 4 Where there is no vision the people perish... HERMOSA BEACH CITY COUNCIL AGENDA WELCOME! By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often CITY VISION A less dense, more family oriented pleasant low profile, financially sound community comprised of a separate and distinct business district and residential neighborhoods that are afforded full municipal services in which the maximum costs are borne by visitor/users; led by a'CiNy Council which accepts'a stewardship role for community resources and displays a willingness to explore innovative alternatives, and moves toward public policy leadership in attitudes of full ethical awareness. This Council is dedicated to learning from the past, and preparing Hermosa Beach for tomorrow's challenges today. Adopted by City Council on October 23, 1986 NOTE: There is no smoking allowed in the Council Chambers THE HERMOSA BEACH FORM OF GOVERNMENT Hermosa Beach bas the Council -Manager form of government, with a City Manager ap- pointed by and responsible to the City Council for carrying out Council policy. The Mayor and Council decide what is to be done. The City Manager, operating through the entire City staff, does it. This separation of policy making and administration is conaidsered the most economical and efficient form of City government in the United States today. GLOSSARY The following explanations may help you to understand the terms found on most agen- das for meetings of the Hermosa Beach City Council. Consent Items A compilation of all routine matters to be acted upon by one vote; approval re- quires a majority affirmative vote. Any Councilmember can remove an item from this listing thereby causing that matter to be considered under the category Consent Cal- endar items Removed For Separate Discussion. Public Hearings Public Hearings are held on certain matters as required by law. The Hearings afford the public the opportunity to appear and formally express their views regarding the matter being heard. Additionally, letters may be filed with the City Clerk, prior to the Hearing. Hearings Hearings are held on other matters of public importance for which there is no legal requirement to conduct an advertised Public Hearing. Ordinances _ An ordinance is a law that regulates government revenues and/or public conduct. All ordinances require two "readings". The first reading introduces the ordinance into the records. At least one week later Council may adopt, reject or hold over the ordinance to a subsequent meeting. Regular ordinances take effect 30 days after the second reading. Emergency ordinances are governed by different provisions and waive the time requirements. Written Communications The public, members of advisory boards/commissions or organizations may formally communicate to or make a request of Council by letter; said letters should be filed with the City Clerk by the Wednesday preceeding the Regular City Council meeting. Miscellaneous Items and Reports - City Manager The City Manager coordinates departmental reports of, or for action by the City Council. Verbal reports may be given by the City Manager regarding items not on the agenda, usually having arisen since the agenda was prepared on the preceding Wednesday. Miscellaneous Items and Reports - City Council Members of the City Council may place items on the agenda for consideration by the full Council. Other Matters - City Council These are matters that come to the attention of a Council member after publication of the Agenda. Oral Communications from the Public - Matters of an Urgency Nature Citizens wishing to address the City Council on an urgency matter not elsewhere con- sidered on the agenda may do so at this time. and brings items to the attention Parking Authority The Parking Authority is a financially separate entity, but is operated as an inte- gral part of the City government. Vehicle Parking District No. 1 The City Council also serves as the Vehicle Parking District Commission. It's pur- pose is to oversee the operation of certain downtown parking lots and otherwise pro- mote public parking in the central business district. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 16, 1986 at the hour of 7:30 P.M. CLOSED SESSION - 6:00 P.M. Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis Absent: None PLEDGE OF ALLEGIANCE - Rick Learned ROLL CALL Present: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis Absent: None PROCLAMATION: Drunk and Drugged Driving Awareness Week, December 14 - 20, 1986 CERTIFICATE OF APPRECIATION TO PATRICK & DOROTHY ROSSETTI: DONORS OF GRAND PIANO TO THE COMMUNITY CENTER FOUNDATION. INTRODUCTION OF NEW, EMPLOYEES: Caryn Conrad, Recreation Special- ist, Community Resources Dept. Jacqueline Cascio, Technical Aide General Services Dept. CITIZEN COMMENTS Ron Schendel, 43 - 7th Street - asked to speak to item 2.c. Ken Loomis, Bob Creech Auto Repair, 602 - 5th Street - asked to speak to item 2.a. 1. CONSENT, CALENDAR Action: To approve Consent Calendar. items (a) through (ee) with the exception of the following items which were pulled for further discussion but are listed in order for clarity: (u) Williams and (aa) Simpson, and noting a change to item (a) Minutes, page 9, item 9 - Action - to read "adjacent to the restrooms.!' Motion Mayor DeBellis, -Second Simpson. So ordered. (a) Approval of Minutes: Regular meeting of the City Coun- cil held on November 25, 1986. Action: To approve minutes with correction to page 9, item 9 - Action - to read "adjacent to the restrooms." - 1 - Minutes 12-16-86 9a (b) Demands and Warrants: December 16, 1986. Action: To approve Demands and Warrants Nos. 21925 through 21930 and 21932 through 22062 inclusive noting voided Warrants Nos. 21947, 21948, 21949 and 21992. (c) Tentative Future Agenda Items. Action: To receive and file. (d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated December 10, 1986. Action: To receive and file. (e) Building and Safety Department Monthly Activity Report: November, 1986. Action: To receive and file. (f) Community Resources Department Monthly Activity Report: November, 1986. Action: To receive and file. (g) Finance Department Monthly Activity Report: November, 1986. Action: To receive and file. (h) Fire Department Monthly Activity Report: November, 1986. Action: To receive and file. (i) General Services Monthly Activity Re ort: November, 19 . (j) (k) (1) Action: To receive and file. Personnel Department Monthly Activity Report: November, 1986. Action: To receive and -file. Planning Department Monthly Activity Report: November, 17877:- Action: 9 6.Action: To receive and file. Police Department Monthly Activity Report: November, 1986. Action: To ireceive and file. - 2 - Minutes 12-16-86 (m) Public Works Department Monthly Activity Report: Novem- 4 ber, 1986. (n) (0) (p) (q) (r) (5) (t) Action: To receive and file. Monthly Investment Report: November, 1986. Memorandum from City Treasurer Norma Goldbach dated December 2, 1986. Action: To receive and file. Cancellation of Warrants. Memorandum from City Treasurer Norma Goldbach dated December 1, 1986. Action: To approve cancellation of Warrants Nos. 021803 and 021921. Status report: Child Abuse Prevention Contract, .from South Bay Coalition for Alternatives to Domestic Vio- lence. Memorandum from Community Resources Director Alana Mastrian dated December 4, 1986. Action: To receive and file. Status report re. Lifeguard/Maintenance Contract. Memo- randum from City Manager Gregory T. Meyer dated December 9, 1986. Action: To receive and file. Approval of lease agreement between City of Hermosa Beach and Project Touch for space at the Community Cen- ter. Memorandum from Community Resources Director Alana Mastrian dated December 5, 1986. Action: To authorize Mayor to sign lease with Project Touch for Room C in the Community Center effective January 1, 1987 through December 31, 1987. Approval of contract between the City of Hermosa Beach and Friends of South Bay Juvenile Diversion Project. Memorandum from Community Resources Director Alana Mastrian dated December 9, 1986. Action: To approve contract with the Friends of South Bay Juvenile Diversion Project for the fiscal year 86/87 in an amount not to exceed $3,000, and authorize Mayor to sign. Approval of lease renewal between City of Hermosa Beach and Palmer Drug Abuse for space at the Community Center. Memorandum from Community Resources Director Alana Mastrian dated December 5, 1986. Action: To authorize Mayor to sign lease with Palmer Drug Abuse Program of Los Angeles, Inc. for office space Minutes 12-16-86 (u) (v) (w) in the Community Center effective January 1, 1987 through December 31, 1987. Approval of lease agreement between the City of Hermosa Beach and the Hermosa Beach Historical Society for space in the Community Center. Memorandum from Community Resources Director Alana Mastrian dated December 4, 1986. Speaking to Council were: Rick Learned, Historical Society Jerry Compton, Planning Commissioner Action: To authorize Mayor to sign lease with the Her- mosa Beach Historical Society for room 6D, effective January 1987, and room 7 effective July 1987, the lease rate to be waived for one year. Motion Mayor DeBellis, second Cioffi. So ordered. Report on SCAG meeting re. pollution of the Santa Monica Bay held November 17, 1986. Memorandum from Planning Director Michael Schubach dated December 8, 1986. Action: To receive and file and direct Staff to report the results of the June, 1987 symposium. Approval of a lease agreement between City of Hermosa Beach and Redondo Beach Dial -A -Ride for space in the Community Center. Memorandum from Community Resources Director Alana Mastrian dated December 10, 1986. Action: To authorize Mayor to sign lease agreement with the City of Redondo Beach for space in the Community Center effective December 17, 1986 through December 17, 1987. (x) Draft Em.loyer-Em.loyee Or:anization Relations Resolu- tion. Memorandum from Personnel Administrator Robert Blackwood dated December 8, 1986. (y) Action: Set for hearing on January 13, 1987 and direct City Attorney to prepare report re the issue of submit- ting Memorandum of Understanding contract disputes at impasse to binding arbitration. Recommendation to seek Request For Proposals (RFP) for the City tow service contract. Memorandum from Public Safety Director Steve Wisniewski dated December 10, 1986. Action: To allow assignment of the city/police tow ser- vice agreement with Redondo Towing, now known as South West Towing, to the new owner, Mr. "Mike" Shabestari, and to require Mr. Shabestari to sign for the balance of 1 three (3) years. 4 Minutes 12-16-86 '•w s. (z) Claims for Damages: 1) Kemmer Daniel Matteson, 78-1/2 18th St., represent- ed by John L. Moriarity, 14123 Victory Blvd., Van Nuys 91401, filed November 20, 1986; 2) Dwayne Morris, 27 4th St., filed December 4, 1986. Action: To deny claims and refer to the City's claims administrator. (aa) Staff report re. amendment to oil and gas lease. Memo- randum from City Attorney James P. Lough dated December 10, 1986. Action: To accept amendments to oil and gas lease with Windward Associates/Macpherson Oil with a change to page 14, lines 23 through 26 to read: "All operations shall be conducted in a proper and workerlike manner using technologies and best practices currently available, feasible and compatible with densely urbanized coastal community surroundings, and with regard for the protec- tion of the safety and health of workers." Motion Mayor DeBellis, second Simpson. So ordered. (bb) Renewal of contract with Jardine Claims Management, Inc. for liability claims administration. Memorandum from Personnel Administrator Robert Blackwood dated December 10, 1986. Action: To approve renewal of contract, authorize Mayor to sign the amendment, and appropriate $6,375 from the General Fund for payment. (cc) Award of Bid for Property Insurance. Memorandum from Personnel Administrator Robert Blackwood dated December 10, 1986. Action: To award bid to Fireman's Fund Insurance Compa- ny for property insurance in an amount not to exceed $18,857, and appropriate $550.00 from the General Fund for payment. (dd) Award of Bid for Vehicle Physical Damage Insurance. Memorandum from Personnel Administrator Robert Blackwood dated December 10, 1986. Action: To award bid to Fireman's Fund Insurance Compa- ny for Vehicle Physical Damage Insurance in an amount not to exceed $35,000, and appropriate $4,200 from the General Fund for payment. (ee) Supplement to City Manager Employment Agreement to add Drug/Alcohol Abuse -Policy. Memorandum from City Manager Gregory T. Meyer dated December 9, 1986. Minutes 12-16-86 Action: Authorize Mayor to sign Addendum No. 6 to the City Manager's Employment Agreement thereby including an Alcohol/Drug Abuse Policy in the Agreement. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 86-865 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ATTACHED TEXT AMENDMENTS WHICH WILL ADD NEW USES AND DELETE CERTAIN USES; MODIFY STANDARDS AND LIMITATIONS; ELIMINATE CERTAIN ARTICLES; AND PROVIDE STANDARD CONDI- TIONS OF APPROVAL FOR VARIOUS USES INCLUDING ON AND OFF -SALE ALCOHOL BEVERAGE ESTABLISHMENTS? AS STATED HEREIN. For waiver of further reading and adoption. Speaking to Council was Ken Loomis, Bob Creech Auto Repair, 602 - 5th Street asking for clarification of the M zone. Action: To waive further reading of Ordinance No. 86- 865 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE ATTACHED TEXT AMENDMENTS WHICH WILL ADD NEW USES AND DELETE CER- TAIN USES; MODIFY STANDARDS AND LIMITATIONS; ELIMINATE CERTAIN ARTICLES; AND PROVIDE STANDARD CONDITIONS OF APPROVAL FOR VARIOUS USES, INCLUDING ON AND OFF -SALE ALCOHOL BEVERAGE ESTABLISHMENTS, AS STATED HEREIN." Motion Mayor DeBellis, second Cioffi. AYES - Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis NOES - None Further Action: To adopt Ordinance No. 86-865. Motion Mayor DeBellis, second Cioffi AYES - Cioffi, Simpson, Mayor DeBellis NOES - Rosenberger, Williams Final Action: To refer Section 10-8 of Ordinance No. 86-865 back to the Planning Commission for text revi- sions concerning 1/2 -hour parking at supermarkets and sale of gasoline at establishments selling alcohol. Motion Williams, second Mayor DeBellis. So ordered. (b) ORDINANCE NO. 86-866-- AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-856, TO PROHIBIT THE SALE OR SEPARATION OF CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE. For waiver of full reading and adoption. Memorandum from City Attor- ney James P. Lough dated December 10, 1986. Action: To waive full reading of Ordinance No. 86-866 entitled "AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING ORDINANCE NO. 86-856, TO PROHIBIT THE SEPARATE SALE OR SEPARATION OF CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES 6 Minutes 12-16-86 • THE DIVIDING PROPERTY LINE" with changes as follows: Page 1, line 4 "to prohibit the separate sale or..." Page 1, line 14 remove smoke Page 1, lines 16 thru 19 - delete Page 1, line 24 "to stop the separation or separate sale of individual..." Page 1, line 25 "contiguous lots owned by the same person or legal entity would allow...." Page 2, line 13 "It is prohibited to separately sell or separate two or more nonconforming" Page 2, line 14 "contiguous lots owned by the same person or legal entity that have an existing..." Page 2, lines 21 and 22 - delete Motion Mayor DeBellis, second Williams AYES - Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis NOES - None Further Action: To adopt Emergency Ordinance No. 86-866 with changes. Motion Mayor DeBellis, second Williams AYES - Rosenberger, Simpson, Williams, Mayor DeBellis NOES - Cioffi Final Action: To direct staff to return on January 13, 1987 with a report and proposed ordinance regarding amending the building code to prohibit selling con- tiguous lots that have buildings straddling the lot lines, and the City Attorney to bring back on January 27, 1987 a renewal of this Emergency Ordinance. Motion Rosenberger, second Mayor DeBellis. So ordered. (c) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CLARIFYING THE "GRANDFATHER CLAUSE" UNDER THE DENSITY REDUCTION ORDINANCE TO MAKE ALLOWANCES FOR DELAYS BEFORE THE CALIFORNIA COASTAL COMMISSION. For waiver of full reading and introduction. Memorandum from City Attorney James P. Lough dated December 10, 1986. Supplemental information - letter from Ronald Schendel, 43 - 7th Street. Speaking to Council was Ronald Schendel, 43 - 7th Street opposing the adoption of this ordinance. Proposed Action: To not adopt the proposed ordinance. Motion Williams, second Simpson Substitute Motion: To continue this matter to the first meeting in January, staff to notify Messrs.Icaza and Schendel. Motion Cioffi, second Mayor DeBellis Vote on Making Substitute Motion the Main Motion AYES - Cioffi, Rosenberger, Williams, Simpson, Mayor DeBellis NOES - None - 7 - Minutes 12-16-86 Vote on Substitute Motion (Main Motion) 6o ordered. (d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE PARTICIPATION OF THE CITY OF ALHAMBRA, CALIFORNIA IN THE ICRMA CAPITALIZED POOLED LIABILITY SELF-INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT AND AN OFFICIAL STATEMENT AND CERTAIN OTHER ACTIONS IN CON- NECTION THEREWITH. For adoption. Memorandum from Per- sonnel Administrator Robert Blackwood dated December 2, 1986. Action: To adopt Resolution No. 86-4998 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE PARTICIPATION OF THE CITY OF ALHAMBRA, CALIFORNIA IN THE ICRMA CAPITALIZED POOLED LIABILITY SELF-INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT AND AN OFFICIAL STATEMENT AND CERTAIN OTHER ACTIONS IN CON- NECTION THEREWITH." Motion Mayor DeBellis, second Rosenberger. So ordered. (e) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19-1/2, ARTICLE II, SECTION 19 1/2-10 OF THE MUNICIPAL CODE, REGULATING THE USE OF LEAF BLOWERS. For waiver of full reading and introduction. Memorandum from Public Works Director Anthony Antich dated December 3, 1986.. Proposed Action: To delete "when possible" from lines 10 and 17 of the ordinance. Motion Williams - dies for lack of a second Action: To waive full reading of Ordinance No. 86-867 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19-1/2, ARTICLE II, SECTION 19 1/2-10 OF THE MUNICIPAL CODE, REGULATING THE USE OF LEAF BLOWERS" with deletion of line 3, page 2 "not after 5:00 p.m. Friday & Saturday." Motion Mayor DeBellis, second Simpson AYES - Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis NOES - None Final Action: To introduce Ordinance No. 86-867 . Motion Mayor DeBellis, second Rosenberger. So ordered. (f) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO DELETE VALLEY DRIVE AND ARDMORE AVENUE NORTH OF PIER AVENUE); MANHATTAN AVENUE AND HER- MOSA AVENUE FROM THE TRUCK ROUTE ESTABLISHED IN RESOLU- TION NO. 86-4995. For adoption. Letters from Mr. Joseph Hermosillo, Mrs. Rose McIntosh and Ms. Betty Givens. Memorandum from Public Works Director Anthony Antich dated December 8, 1986. - 8 - Minutes 12-16-86 Speaking to Council regarding this item were: Rose McIntosh, 3030 Manhattan Avenue - asked to have signs replaced on Manhattan Avenue Rocky Frederick, 205 - 31st Street - asked to have City Council look at the circulation studies Terry Dunn, 2411 Prospect regarding truck traffic Valley to Herondo Action: No truck traffic to be allowed on Ardmore or Valley. Motion Mayor DeBellis, second Simpson. So ordered. Final, Action: To adopt Resolution No. 86-4999 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO DELETE VALLEY DRIVE AND ARDMORE AVENUE; MANHATTAN AVENUE; HERMOSA AVENUE; AND SECONDSTREET FROM THE TRUCK ROUTE ESTABLISHED IN RESOLU- TION NO. 86-4995." Motion Mayor DeBellis, second Cioffi. So ordered. (g) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. N.S. 2435, AS AMENDED BY ADDING THERETO NO STOPPING ZONES ON A CERTAIN SECTION OF AVIATION BOULEVARD AS HEREIN SET FORTH. For adoption. Memorandum from Public Works Director Anthony Antich dated December 9, 1986. Action: To adopt Resolution No. 86-5.000 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. N.S. 2435, AS AMENDED, BY ADDING THERETO NO STOPPING ZONES ON A CER- TAIN SECTION OF AVIATION BOULEVARD AS HEREIN SET FORTH" (South side 60 feet east of PCH to 280 feet east of PCH, North side from PCH to 185 feet east of Aubrey Court). Motion Mayor DeBellis, second Simpson. So ordered. (h) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,.REAFFIRMING AND ESTABLISHING POLICY FOR AB.2674, ALSO KNOWN AS THE BROWN ACT. For adoption. Memorandum from City Attorney James P. Lough dated De- cember 10, 1986. Action: To adopt Resolution No. 86-5001 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REAFFIRMING AND ESTABLISHING POLICY FOR AB 2674, ALSO KNOWN AS THE BROWN ACT." Motion Mayor DeBellis, second Simpson. So ordered. (i) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION POLICY STATEMENT PERMITTING STRUCTURAL SUPPORTS IN THE SETBACK REQUIRED BY SECTION 1157 (C) OFFSTREET PARKING, RESIDENTIAL USES. For adoption. Memorandum from Plan- ning Director Michael Schubach dated December 5, 1986. 9 Minutes 12-16-86 Action: To adopt Resolution No. 86-5002 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AFFIRMING THE PLANNING COMMISSION POLICY STATEMENT PERMITTING STRUCTURAL SUPPORTS IN THE SETBACK REQURED BY SECTION 1157 (C) OFFSTREET PARKING, RESIDENTIAL USES." Motion Mayor DeBellis, second Rosenberger. So ordered. 3. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. Consent Calender items (u) Williams and (aa) Simpson discussed at this time but are listed in order on the Consent Calendar for clarity. 4. WRITTEN COMMUNICATIONS FROM THE PUBLIC. (a) Letter from Christ her Tyrrell dated December 2 1986 requesting reimbursement of certain fees in connection with his construction project. Memorandum from Building and Safety Director William Grove dated December 8, 1986. Supplemental information - letter from Laurie Duke to Mr. Tyrrell dated December 2, 1986. (b) Action: To deny request for refund of Parks and Recre- ation Facilities Tax and a $2,000 "tax credit". Motion Simpson, second Rosenberger. So ordered. Letter from Susan Swanson for the First Street Homeowners dated December 15, 1986 re. Proposed Construc- tion of 3 Unit Apartment at 18 Barney Court with at- tached Protest Letters. Speaking to Council opposing this project were: Ruth Brand, 1231 - 1st Street Fran Pleska, 1003 - 1st Street Bill Deans, 1124 - 1st Street The audience was advised there would be staff review of this project on January 8, 1987 at 10:00 A.M. in Council Chambers. Action: To receive and file. Motion Cioffi, second Williams. So ordered. A recess was called at 10:05 P.M. The meeting reconvened at 10:20 P.M. PUBLIC HEARINGS NONE - 10 - Minutes 12-16-86 HEARINGS V5. RESOLUTION GRANTING CONSENT AND APPROVAL FOR ASSIGNMENT AND TRANSFER OF CABLE T.V. FRANCHISE. (Continued from November 25, 1986 meeting.) Memorandum from General Services Director Joan Noon dated December 5, 1986. Supplemental information: Letter from City Attorney James P. Lough to Gelberg & Abrams dated December 11, 1986; memorandum from City Attorney James P. Lough dated December 15, 1986. The staff report was presented by City Attorney Lough. Action: Authorize assignment and transfer of the cable television franchise from Storer Cable TV, Inc. to ML Media Partners, L.P. subject to terms and conditions, and adopt Resolution No. 86-5003 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CAL- IFORNIA, GRANTING CONSENT AND APPROVAL FOR THE ASSIGN- MENTS AND TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM STORER CABLE TV, INC. TO ML MEDIA PARTNERS, L.P." Motion Mayor DeBellis, second Cioffi. So ordered. MUNICIPAL MATTERS 6. PARKING ANALYSIS RE. REQUEST FROM MICHAEL BRINGHURST - CRITTER'S, 2626 HERMOSA AVENUE. Memorandum from General Services Director Joan Noon dated December 2, 1986. Speaking to Council was Mike Bringhurst, Critters, 2626 Hermosa Avenue asking for consideration of changing the silver posted meters on Hermosa Avenue near Critters to eliminate the two-hour restriction. Action: To direct staff to send a notice to businesses in the vicinity of Critters to see if they object to eliminating the two-hour parking restriction at silver posted meters on Hermosa Avenue. Motion Williams, second Cioffi. So ordered. 7. LOT MERGER STATUS REPORT WITH RECOMMENDATIONS RE. WORK PLAN. Memorandum from Planning Director Michael Schubach dated December 1, 1986. Action: To approve the staff recommendation as follows: 1. Adopt Resolution No. 86-5004 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CAL- IFORNIA, ESTABLISHING A PROCEDURE FOR MERGING LOTS UNDER SECTIONS 29.5-19 THROUGH 19.5-28 OF THE HERMOSA BEACH MUNICIPAL CODE." 2. Determine the order in which lots shall be con- sidered for merger. • - 11 - Minutes 12-16-86 3. Appropriate $9,861 from the General Fund for lot merger costs. Motion Mayor DeBellis, second Cioffi. So ordered noting a NO vote by Cioffi. Staff was directed to study the possibility of having public noticing done by staff and a fee collected. 8. ANGLE PARKING ON HERMOSA AVENUE WITH RESOLUTION OF THE CITY COUNCIL ESTABLISHING ANGLE PARKING ON THIRTEENTH STREET FROM BEACH DRIVE TO HERMOSA AVENUE. Memorandum from Public Works Director Anthony Antich dated December 8, 1986. Action: To adopt Resolution No. 86-5005 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING ANGLE PARKING ON THIR- TEENTH STREET FROM BEACH DRIVE TO HERMOSA AVENUE." Motion Mayor DeBellis, second Rosenberger. So ordered. Further Action: To appropriate $4,040 from the Parking Fund for the purchase and installation of parking meters for Thirteenth Street. Motion Mayor DeBellis, second Rosenberger. So ordered. Further Action: To refer the Hermosa Avenue angle park- ing discussion to the City Council Business Relations Subcommittee. - Motion Mayor DeBellis, second Rosenberger. So ordered. Final Action: To set a public workshop to discuss the impacts of angle parking on Hermosa Avenue after the City Council Business Relations Subcommittee meeting. Motion Mayor DeBellis, second Rosenberger. So ordered. 9. RECONSIDERATION OF REQUIRED 17' SETBACK DEVELOPMENT STANDARD. Memorandum from Planning Director Michael Schubach dated December 9, 1986. Coming forward to speak were: Jerry Compton, Planning Commissioner George Schmeltzer, 525 - 24th Place Steve Izant, 57 - 19th Street Proposed Action: To approve the staff recommendation. Motion Rosenberger - dies for lack of a second Action: To receive and file this report. Motion Mayor DeBellis, second Williams. So ordered noting a NO vote by Rosenberger. 10. RENTAL FEE FOR ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY FOR COMMERCIAL PURPOSES. Memorandum from Planning Director Michael Schubach dated December 8, 1986. Supplemental - 12 - Minutes 12-16-86 information - letter from Cris Bennett, Good Stuff Res- taurant, dated December 16, 1986. Coming forward to speak was John Bowling, Fat Face Fenner's Faloon, 833 Hermosa Avenue - opposed to in- creased fee. Action: To approve the staff recommendation and adopt Resolution No. 86-5006 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENT TO DIRECT STAFF TO EXAMINE CHARGING MARKET RATE PER SQUARE FOOT OF ENCROACHMENT ONTO THE PUBLIC RIGHT-OF-WAY FOR COMMERCIAL BUSINESSES." Motion Mayor DeBellis, second Simpson. So ordered. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Status report re. HMS Hermosa Partnership/City Agreement with recommendations. Memorandum from City Manager Gregory T. Meyer dated December 15, 1986. This item was withdrawn. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) (b) Consideration of request by Beach Cities Symphony As- sociation for donation. Memorandum from Assistant City Manager Alana Mastrian dated December 3, 1986. Speaking to Council was Marge Angell, 437 - 15th Street requesting a donation from Hermosa Beach for the Beach Cities Symphony Association. Action: To approve the staff recommendation denying the request for a contribution to the Beach Cities Symphony at this time. Motion Simpson, second Williams. So ordered noting NO votes by Cioffi and Rosenberger. Status report from Parking Sub -committee (Councilmembers Rosenberger and Simpson) re. downtown parking regula- tions. Councilmember Rosenberger presented an oral report ad vising Council of downtown merchant's concerns re park- ing difficulties which were brought up at the Subcommit- tee meeting. Action: To bag the meters in the downtown area for the month of December only, but to open the parking lots for free parking from tomorrow (December 17, 1986) to the end of January, 1987 with no time limit enforcement in effect. Motion Rosenberger, second Simpson AYES - Rosenberger, Simpson, Williams, Mayor DeBellis NOES - Cioffi - 13 - Minutes 12-16-86 (c) (d) (e) (f) Request by Councilmember Williams for discussion of placing height limitation ordinance on ballot. Sup- plemental information - draft submitted by Councilmember'' Williams. Proposed Action: To put this matter on a future agenda for discussion re putting this ordinance on the ballot. Motion Williams - dies for lack of a second Action: To receive and file. Motion Mayor DeBellis, second Cioffi. _So ordered noting a NO vote by Williams. City of Hermosa Beach 80th Anniversary of date of incor- poration January 14, 1907. Memorandum from City Clerk Kathleen Midstokke dated December 8, 1986. Action: To approve the staff recommendation extending to the newly created Historical Society the opportunity to plan a function to commemorate this anniversary year, the Society to come back to Council with a recommenda- tion for an event to be held before the summer. Motion Mayor DeBellis, second Cioffi. So ordered. Minutes of Strand Safety Committee meeting held November 20, 1986 with oral report from Councilmember June Williams. Action: To receive and file. Motion Mayor DeBellis, second Cioffi. So ordered. School District consideration of change in election cal- endar. Memorandum from City Clerk Kathleen Midstokke dated December 11, 1986. Action: To receive and file this report. Motion Mayor DeBellis, second Rosenberger. So ordered. 13. OTHER MATTERS - CITY COUNCIL (a) Certification of Election Results from November 4 1986. Memorandum from City Clerk Kathleen Midstokke dated De- cember 10, 1986. Action: To adopt Resolution No. 86-5007 entitled "A RESOLUTION OF THE CITY -COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE CANVASS OF THE BALLOTS FROM THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON NOVEMBER 4,1986, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Rosenberger, second Mayor DeBellis. So ordered. (b) Community Center Parking Structure and Trolley - DeBellis - asked the City Manager for an update. - 14 - Minutes 12-16-86 The Regular Meeting of the City Council adjourned temporarily at the hour of 12:07 A.M. to a meeting of the Hermosa Beach Parking Authority. 14. MEETING OF THE HERMOSA BEACH PARKING AUTHORITY The Regular Meeting of the City Council reconvened at the hour of 12:13 A.M. APPEARANCE OF INTERESTED CITIZENS None. ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Wednesday, December 17, 1986 at the hour of 12:14 A.M. in memory of Ruby Bennett, Postmaster of Hermosa Beach and Redondo Beach, to a Regular Meeting to be held on Tuesday, January 13, 1987 at 7:30 P.M. Deputy City Clerk - 15 - Minutes 12-16-86 C�- 3, December 30, 1986 Regular Meeting of January 13, 1986 Honorable Mayor and Members of The Hermosa Beach City Council REQUEST FOR DESIGN PROPOSLAS ' CIP 85-137, HIGHLAND AVENUE AND CIP 85-102 VALLEY/ARDMORE AT GOULD AVENUE -STREET IMPROVEMENTS Recommendation: It is recommended that City Council authorize staff to solicit design proposals for the following projects and issue addendums as necessary: a. CIP 85-102 - Widen Highland Avenue b. CIP 85-137 - Redesign Valley/Ardmore/Gould intersection Background: The above referenced projects were approved in the 1986-87 CIP Budget. These projects are FAU funded (i.e., 86.22% Federally funded; 13.78% locally funded by the City's State Gas Tax.) Below is a brief description of each project. CIP 85-102 - Widen Highland Avenue from Longfellow Avenue to 35th Street This project will widen the roadway from 30' to 39'; thereby, providing two 8' parking lanes on each side of the street. CIP 85-137 - Valley/Ardmore at Gould Avenue This project will re -align the intersection at Valley/Ardmore and Gould to better design both the horizontal and vertical alignments. Analysis: Both of these projects were recently determined "categorically exempt" from further environmental review, by the State of California Department of Transportation (Caltrans) and the Federal Highway Administration (FHWA). The next step is the design phase, which must be contracted out to a private engineering consultant. Staff recommends approval of the attached Request for Proposals (Exhibit A) and proceeding with the design phase in accordance with the proposed schedule (Exhibit B). 1 1.k Fiscal Impact: Noted below are the FY 86-87 budget allocations CIP 85-102 Plans, Specifications & Estimates $ 5,700 Construction 57,000 Inspection 5,700 Contingency 6,840 $75,240 Total for each project: CIP 85-137 $ 3,500 38,500 5,500 5.750 $52,250 Funding Sources FAU $64,872 $45,050 City State Gas Tax . $ 7,200 City Sewer Fund $10,368 With the exception of advertising costs and postage, no expenditure of City funds is necessary. After design proposals are received and costs are known, staff will return to City Council asking approval to enter into a contract for design services. Respectfully submitted, Kh&rot Deborah M. Murphy Assistant Engineer Concur: 04417- Gre oryITMeyer Cit/, Manager DMM:mv str/m Attachments: Exhibit A -Request for Proposals Exhibit B -Construction Schedule ur: 1)1 An ony Antich Director of Publ'c Works Noted for Fiscal Impact: Viki Copeland Finance Administrator 2 EXHIBIT A CITY OF HERMOSA BEACH REQUEST FOR PROPOSAL VALLEY/ARDMORE/GOULD INTERSECTION AND HIGHLAND AVENUE The City of Hermosa Beach is soliciting proposals for a consulting engineer to provide engineering services for the design of the following roadway improvements: 1. Highland Avenue from Longfellow Avenue to 35th Street: This project will widen the roadway from 30' to 39'; thereby providing two 8' parking lanes on each side of the street. Design shall include utility and sanitary sewer relocation, drainage improvements, and new curb, gutter, sidewalk and pavement design. 2. Valley/Ardmore at Gould Intersection: This project proposes a new intersection design to better align the horizontal and vertical alignment. See Attachment II for conceptual drawing. Both projects shall consist of preliminary and design engineering. See Attachment I for project locations. - The City has identified the following minimum tasks that will be required of the consultant: 1. Prepare design plans, specifications, bid documents, and costs estimates to be in compliance with State (Caltrans) and local requirements. The project will be constructed using FAU Funds and should be designed accordingly. 2. Be available to answer questions during the bid period and construction period. 3. Review bids and prepare a recommendaton regarding award of contract. The response to this R.F.P. will be prepared by the consultant in a format of his choosing, but will contain the following information as a minimum: 1. A description of what services are to be provided; 2. A brief recap of previous experience in this type of project; 3. A resume of the responsible person in charge; 4. An estimate of time to complete the project; 5. The proposed fee based upon a cost not to exceed for the tasks proposed. The fee to be broken down by task along with a breakdown of how the fee was calculated. 1 Prior to submitting a proposal, the consultants are required to look at both job locations and review the project files in the Department of Public Works to assure themselves as to the exact extent of what street improvements are proposed. The files contain sketches of the project proposals and the field review forms outlining the improvements. All questions relating to the extent of the project are to be in writing and directed to Anthony Antich, Director of Public Works, City of Hermosa Beach, Civic Center, Hermosa Beach, CA 90254, and must be received in the Public Works Department prior to . Responses will be mailed by first class mail on or before The City assumes no responsibility as to receipt of questions or responses. Upon completion of the selection procedure, it is anticipated a contract will be entered into within approximately thirty (30) days of receipt of proposals. The City makes no commitment that award will be made to anyone and reserves the right to terminate the project at any time. Proposals must be on file in the City Clerk's office on or before . No late proposals will be accepted. Late proposals if received will be returned unopened. Proposals to be submitted in a sealed envelope with "VALLEY/ARDMORE/GOULD; HIGHLAND AVENUE STREET IMPROVEMENTS" written or typed in the lower left hand corner of the envelope. 12/30/86 rfp/m 2 Exhihit.A Attachment I OJECT LOCTi 1 J INGLESIDE DRIVE MORNINBSIDE 1- n SILVERSTRAND AVE. AVE TWENTY NINTH MYRTLE AVE. Exhibit A attachment iC EXISTING CTERSECTION CONDITIC11 1 DIAGRAM INTERSECTION VALLEY/ARDMORE & GOULD TYPE OF CONTROL STOP SIGN CONTROL PROPOSED IMPROVEMENTS 1. CONSTRUCT CENTER CONCRETE MEDIANS AND CHANNELIZATION ISLANDS AS SHOWN. DESIGN SCHEDULE � •. t LEGEND � •' '� PROJECT NAME : j#1 (_'-ND )1116 Vi i/ OrriteE &cu-c-�D , \STdedf.CT //72 Pife-c✓�f'i TS . TENTATIVE SCHEDULE : 7 --- ACCOUNT NUMBER : (://7 3%5 / Q 2 J GIP S5 = /37 ACTUAL SCHEDULE X : 100% COMPLETE TASKS Prepare request for. proposals Advertise for proposals 4-1 W., Consultant selection procedure Award contract Sign contract Issue "Notice to Proceed" 1 JAN 1 FEB 1 MAR 1 1 APR I MAY JUN JUL I AUG SEP OCT NOV DEC 61 I 1 1 I 1 1 'aim"line -1 1 1 I---1121 1111111i I ---r-- I Final design approval before advertising ...: for construction 1 1 1 1 I--- —1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 I 1 1 1 I 1 Design Period L•„�'. Monitor .and review design • December 22, 1986 Regular Meeting of January 13, 1986 Honorable Mayor and Members of the Hermosa Beach City Council APPROVAL OF CONSULTANT AGREEMENT FOR TRAFFIC SIGNAL DESIGN -VARIOUS CIPS'S Recommendation: It is recommended that the City Council authorize the Mayor to sign the attached agreement (Exhibit A) for a traffic signal design consultant. Background At the September 9, 1986, meeting, City Council approved the staff recommended traffic signal design consultant (MGA Associates) and authorized staff to submit the Agreement with MGA to Caltrans for approval. Analysis: After review and minor revisions, the attached agreement received final approval from Caltrans on January 5, 1987 (Exhibit B). Pending Council approval, the consultant shall commence his design services in accordance with the attached project schedule (Exhibit c) . Deborah M. Murphy Assistant Engineer Concur: Gre Cit Q or; Manager DMM:mv tsd/v 1 Concur: 4' An ony Antich Director of P .lic Works k7t COST -PLUS -FIXED -FEE CONSULTANT AGREEMENT THIS AGREEMENT, made this day of , 1986, by and between the CITY OF HERMOSA BEACH, a Municipal Corporation (hereinafter referred to as "CITY"), and MOHLE, GROVER & ASSOCIATES, a California Corporation, located at 901 East Imperial Highway, Suite A, La Habra, California 90631 (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, CITY desires to engage CONSULTANT to render certain technical and/or professional services hereinafter described for the conduct of a traffic engineering study and the preparation of plans, specifications, estimates and construction management in connection with Federal Aid Urban (FAU) Project Number MG -3041(270), Traffic Signal Improvements at: Hermosa Avenue at 2nd Street, llth Street, Pier Avenue and 13th Street; Aviation Boulevard at Prospect Avenue; and Valley/Ardmore at Pier Avenue in the City of Hermosa Beach. WHEREAS, CONSULTANT is qualified and agreeable to render aforesaid technical and/or professional services; NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending legally to be bound hereby, the parties hereto do mutually agree as follows: Article 1. Employment of Contractor CITY hereby agrees to engage CONSULTANT to perform the technical and/or professional services as hereinafter set forth. Article 2. Scope of Services CONSULTANT shall perform all -.work necessary to complete in a manner satisfactory to CITY the services set forth in Appendix A, attached hereto and by reference incorporated herein and made a part hereof. Article 3. Personnel A. CONSULTANT represents that it employs, or will employ, at its own expense, personnel required in performing the service under this Agreement, and as set forth in Appendix A. 1 B. All of the services required hereunder will be performed by CONSULTANT, except for acoustical services subcontract, and all personnel engaged in the work shall be fully qualified and be authorized or permitted under State and local law to perform such services. Article 4. Time of Performance The services of CONSULTANT are to commence within fifteen (15) days after this Agreement has been approved by the State of California, Department of Transportation (hereinafter referred to as "CALTRANS") and when CITY has authorized work to start by the issuance of a Notice to Proceed. The Traffic Engineering Study shall be submitted to CITY within sixty (60) calendar days. The preliminary engineering, consisting of complete plans and specifica- tions, shall be submitted to CALTRANS no later than sixty (60) calendar days after CITY approval of the Traffic Engineering Study. Article 5. Reports and Final Reports CONSULTANT shall submit a progress report once every month to CITY, outlining the progress of the project. Twenty-five (25) copies of the project plans and specifications shall be submitted by CONSULTANT to CITY. One copy of final project plans shall be on vellum capable of fourth level reproduction and one copy of final project specifications capable of xeroxed repro- duction. Article 6. Limitation of Cost The basis of payment for the services provided under this agreement shall be cost -plus -a -fixed -fee. A. The CITY shall reimburse the CONSULTANT for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by the CONSULTANT in performance of the work, exclusive of construction management administration, in an amount not to exceed $29,099, exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONSULTANT'S proposal in Appendix B, attached hereto and by reference incorporated herein and made a part hereof. B. The CITY shall reimburse the CONSULTANT for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by the CONSULTANT in performance of the work associated with the actual construction administration and inspection. C. In addition to the costs referred to in paragraph A of this Article, the CITY shall pay the CONSULTANT a fixed fee of $2,701. Said fixed fee shall not be altered unless there is significant alteration in the scope, complexity of character of the work to be performed. 2 to D. CONSULTANT shall be reimbursed for actual travel expenses incurred in the performance of this work, including the use of private cars at the rate of 25 cents per mile, while traveling away from CONSULTANT'S headquarters which is hereby designated as 901 East Imperial Highway, Suite A, La Habra, California 90631. In addition, CONSULTANT'S personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Board of Control rules and regulations. Article 7. Payment Once each month, CONSULTANT shall submit to CITY a certified invoice for costs incurred in the performance of this Agreement. Payment on account of the fixed fee shall be made in installments at the time of payment on account of allowable costs, each such installment thus payable to be in an amount which shall bear the same proportion to the total amount of the fixed fee of this Agreement as said payment on account of allowable costs bears to the maximum total costs of performance of the Agreement. Article 8. Records and Audits CONSULTANT shall maintain complete and accurate records with respect to costs incurred under this Agreement to include the records supporting cost proposals used to enter into a contract with the CITY. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. CONSULTANT shall make available to the representative of CITY, CALTRANS and FHWA, or their appointees, during normal business hours, all of such books and records, and the right to examine and audit the same, and to make transcripts therefrom as necesssary, and the CONSULTANT shall allow inspection of all work data, documents, proceedings and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. CONSULTANT shall maintain records to show actual time and allowable costs with respect to the Scope of Services set forth in Appendix A as required by CALTRANS and FHWA. CONSULTANT shall permit the authorized representatives of CITY, the U. S. Department of Transportation and Comptroller General of the United States to inspect and audit all data and records of CONSULTANT relating to his performance under the contract. Article 9. Compliance with Civil Rights Act During the performance of this contract, CONSULTANT agrees as follows: A. Equal Employment Opportunity In connection with the execution of this contract, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. B. Nondiscrimination Civil Rights Act of 1964 CONSULTANT, with regard to the work performed by it after award and prior to completion of the contract work, will comply with the regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (49CFR21). Accordingly, the consultant shall comply with all aspects of Attachment I, "Federal Requirements for Federal Aid Projects." C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitation, either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT'S obligations under this contract and regulations relative to nondiscrimination on the grounds of race, religion, color, sex or national origin. D. Information and Reports CONSULTANT will provide all information and reports required by the CALTRANS or FHWA regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by CITY, CALTRANS or by FHWA to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to CITY, CALTRANS or FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance In the event of the CONSULTANT'S nondiscrimination provisions of this impose such contract sanctions as CITY determine to be appropriate, including, noncompliance with the contract, CITY shall , CALTRANS or FHWA may but not limited to: 1. Withholding of payments to CONSULTANT under the contract until CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the contract, in whole or in part. Article 10. Covenant Against Contingent Fees CONSULTANT warrants that he has not employed or retained any company or person to solicit or secure this contract and that he has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, CITY, CALTRANS or FHWA shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Article 11. General Provisions Those provisions as set forth in the General Provisions attached hereto are by reference incorporated herein and made a part hereof. Article 12. Subcontracting CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior approval of CITY, CALTRANS and FHWA. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their proper corporate officers and have caused their proper corporate seal to be hereto affixed the day and year first above written. APPROVED AS TO CITY ATT T EY ITE: CITY OF HERMOSA BEACH a Municipal Corporation BY: ATTEST: MAYOR CITY CLERK BY: PRIDENT MOHLE, GROVER & ASSOCIATES 1). CERTIFICATION OF CITY OF HERMOSA BEACH I HEREBY CERTIFY that I am the Director of Public Works of the CITY OF HERMOSA BEACH and that the consulting firm of MOHLE, GROVER & ASSOCIATES or its representative has not been required, directly as an express or implied condition in connection with obtaining or carrying out this Agreement, to: (a) employ or retain, or agree to employ or retain, any firm or person; or (b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind; except as hereby expressly stated, (if any): None I acknowledge that this certificate is to be furnished the State Department of Transportation, in connection with this Agreement involving participation of Federal -aid Urban highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) CITY OF HERMOSA BEACH 'rector of Pubc Works CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the President and duly authorized representative of the firm of MOHLE, GROVER & ASSOCIATES, whose address is 901 East Imperial Highway, Suite A, La Habra, California 90631, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement: (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as here expressly stated (if any): None I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this Agreement involving participation of Federal -aid Urban highway funds, and is subject to applicable State and Federal laws, both criminal and civil. I; — (Date) MOHLE, GROVER & ASSOCIATES R. Henrohle President GENERAL PROVISIONS The following general provision clauses are incorporated herein and made a part of this Agreement: 1. Changes in Scope or Complexity of Work 2. Specifications 3. Termination for Convenience of City 4. Termination of Agreement for Cause 5. Interests of Members of City and Others 6. Interest of Contractor 7. Officials Not to Benefit 8. Subletting or Assignment 9. Publications 10. Copyrights 11. Convict Labor 12. Insurance and Mutual Assistance 13. Jurisdiction 14. Successors and Assigns 15. Ownership of Documents 16. Extension of Time for Delay 17. Responsibility for Claims and Liability 18. Arbitration of Disputes 19. Cost Principles 20. Patent Rights 21. Endorsement on Plans, Etc. 22. U. S. Government Code Section 7550 23. Subsurface Investigations 24. Design Standards 25. Obligations of Local Agency to Consultant GP -1 • .3 GENERAL PROVISIONS Clause 1. Changes in Scope or Complexity of Work No payment for extra services caused by a change in scope or complexity of work shall be made, unless and until such extra services and a price therefor have been authorized in writing and approved by CITY, CALTRANS and FHWA as a supplemental agreement. The supplemental agreement shall set forth the changes of work, extensions of time for preparation and adjustment of the fee to be paid by CITY to CONSULTANT. Redesign or redrafting necessitated by conditions beyond the control of CONSULTANT will be considered as extra work and will be a basis for negotiation of additional fee. No claim for said additional work shall be made unless specifically authorized in writing by CITY. All controversies arising out of the work which cannot be settled by mutual agreement shall be resolved as provided in the July 1984 Standard Specifications of the State of California, Department of Transportation (Caltrans) for the settlement of such disputes. Clause 2. Specifications All specifications, manuals, standards, etc., either attached to this Agreement or incorporated herein by reference, are deemed to be the issue in effect as of the date of this Agreement and are binding as to the performance of the work 'specified in this Agreement unless they are changed by written amendment and this Agreement modified in writing to incorporate such changes. Any changes are subject to CALTRANS and FHWA approval. Clause 3. Termination for Convenience of City CITY may terminate this Agreement at any time by giving written notice to CONSULTANT of such termination and specifying the effec- tive date thereof, at least fifteen (15) days before the effective date of such termination. In the event, all finished or unfinished documents and other materials shall, at the option of CITY, become its property. If this Agreement is terminated by CITY as provided herein, CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the CONSULTANT covered by this Agreement, less payments of compensation previously made. The value of the work performed should be the costs eligible for billing. The ratio completed should be based on the total estimated cost less fixed fee and this ratio shall be used to determine the fixed fee payable. Clause 4. Termination of Agreement for Cause A. CITY may, subject to the provisions of paragraph "C" of this Clause 4, by written notice to CONSULTANT, terminate the whole or any part of this Agreement in any of the following circumstances: • GP -2 • 1. If CONSULTANT fails to perform the services called for by this Agreement within the time(s) specified herein or any extension thereof; or 2. If CONSULTANT fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period as CITY may authorize in writing) after receipt of notice from CITY specifying such failure. B. In the event CITY terminates this Agreement in whole or in part as provided in paragraph "A" of this Clause 4, CITY may pro- cure, upon such terms and such manner as he may determine appro- priate, services similar to those terminated and CONSULTANT shall be liable to CITY for any excess costs for such similar services, provided that the CONSULTANT shall continue the performance of this Agreement to the extent not terminated under the provisions of this Clause 4. C. Except with respect to defaults of subcontractors, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of CONSULTANT. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractural capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of CONSULTANT. D. If this Agreement is terminated as provided in paragraph "A" of this Clause 4, CITY may require CONSULTANT to provide all finished or unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc. prepared by CONSULTANT. Upon termination as provided in paragraph "A" of this Clause 4, CONSULTANT shall be paid the value of the work performed, less payments of compensation previously made, which shall be the allow- able costs, and payments of fixed fee previously made by CITY to CONSULTANT shall be credited to the amount payable to CONSULTANT as provided herein. E. If, after notice of termination of this Agreement under the provisions of this Clause 4, it is determined for any reason that CONSULTANT was not in default under the provisions of this Clause 4, or that the default was excusable under the provisions of the Clause 4, then the rights and obligations of the parties shall be the same as if the notice of termination has been issued pursuant to Clause 3. GP -3 Clause 5. Interest of Members of Client and Others No officer, member or employee of CITY, and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agree- ment is being carried out, who exercises any functions or responsi- bilities in the review or approval of the undertaking or carrying out of the aforesaid work shall: A. Participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he has, directly or indirectly, any interest, or B. Have any interest, directly or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter. Clause 6. Interest of Consultant CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed. Clause 7. Officials Not to Benefit No member of or delegate to the Congress of the United States of America nor any Resident Commissioner shall be admitted to any share or part hereof or to any benefits to arise herefrom. Clause 8. Subletting or Assignment Neither of the parties hereto shall assign, sublet or transfer his interest in this Agreement or any portion thereof. Clause 9. Publications It is agreed that either or both of the parties hereto may publish at any time, subject to the terms of this Agreement, the results of the work conducted hereunder, provided credit is given to the individuals and organizations who conducted and sponsored the work. A copy of each manuscript to be submitted for publication by either of the parties hereto shall be furnished to the other party prior to such submission for publication and five (5) copies or reprints shall be furnished to the other party subsequent to publication. GP -4 Articles or works reporting on the subject work hereunder or on portions thereof which are published or are caused to be published by CONSULTANT shall contain in the foreword, preface or footnote a statement to the effect that publication of the article or work does not necessarily indicate acceptance by CITY of the findings, conclu- sions or recommendations either inferred or specifically expressed therein. Clause 10. Copyrights No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONSULTANT. Clause 11. Convict Labor In connection with the performance of work under this Agreement, CONSULTANT agrees not to employ any person undergoing sentence of imprisonment at hard labor. Clause 12. Insurance and Mutual Assistance Each of the parties hereto shall carry insurance to protect him from claims under workers' compensation acts, from claims or damages caused by bodily injury including death, to employees and the public and from claims_for property damage. If any claim related to the performance hereunder be asserted against either party hereto, the party claimed against shall receive all reasonable assistance from the other. Clause 13. Jurisdiction This Agreement shall be interpreted in accordance with the statutes and laws of the Federal Government and any State and local government having jurisdiction in the premises. Clause 14. Successors and Assigns Each of the parties hereby binds himself, his partners, successors, assigns and/or legal representatives to this Agreement, in respect to all covenants of this Agreement. Clause 15. Ownership of Documents -- The CITY shall have unencumbered rights and title data general under this contract to include, but not be limited to, original documents, methodological explanations, computer programs, drawings, designs, reports, etc. Clause 16. Extension of Time for Delay A. If the work is delayed at any time by reason of a suspension ordered 1?y the CITY or because of any other act of the GP -5 CITY, or because of neglect by the CITY without contributory fault or neglect on the part of the CONSULTANT, or if the work should be delayed at any time by reason of strikes, acts of God, the public enemy, acts of the CITY, fire, floods, epidemics, quarantine restrictions, freight embargoes, abnormal force, violence of the elements or for any other unforeseeable cause beyond the control and without the fault or negligence of the CONSULTANT, or for any other reason which in the opinion of the CITY is proper justification for such delay, then the CONSULTANT shall be entitled to an extension of time equivalent to the time actually lost by such delay. B. The CONSULTANT shall file a written request with the CITY for extension of time within ten (10) days following the beginning of such delay, and failure to do so shall constitute a waiver thereof; provided, that in case of a continuing cause of delay, only one claim will be necessary. The CITY shall decide whether and to what extent any extension of time shall be allowed. C. A request for an extension of time or the granting of an extension of time shall not constitute a basis for any claim against the CITY for additional compensation. The CONSULTANT shall be deemed to have waived any claim for additional compensation and does hereby so waive any such claim unless he shall at the time of filing a request for an extension of time, likewise file a claim for addi- tional compensation on account of such delay. Clause 17. Responsibility for Claims and Liability It is expressly understood that in the performance of the engineering services herein provided for, CONSULTANT shall be and is and independent engineer and is not an agent or employee of CITY. CONSULTANT has and shall retain the right to exercise full control and supervision of the services and full control over the employ- ment, direction, compensation and discharge of all persons assisting CONSULTANT in the performance of said engineering services here- under. CONSULTANT shall be solely responsible and save CITY harm- less for all matters relating to the payment of his employees, including compliance with social security, withholding and all other regulations governing such matter. CONSULTANT will at all times indemnify CITY, its officers and employees, and hold and save CITY, its officers and employees, harmless from and against any and all actions or causes of action, claims, demands, liabilities, losses, damages or expenses of whatsoever kind and nature, including attorney's fees which CITY may sustain or incur as a consequence of errors or omissions in CONSULTANT'S design of the project. Clause 18. Arbitration of Disputes The CONSULTANT shall, at all times, comply immediately with any and all demands made by the Director of Public Works. In the event of controversy between the Director of Public Works and the CONSUL- TANT, the CONSULTANT agrees to abide by the decision of the City Manager, whose decision shall be final as to all matters in dispute. GP -6 Clause 19. Cost Principles This Agreement shall reference the Federal Procurement Regulations, Title 41, Subpart 1-15, Code of Federal Regulations as controlling for allowable elements of cost. Clause 20. Patent Rights All applicable patent rights provisions described in 41 CFR 1- 9.1 regarding rights to inventions shall be included in this Agreement. Clause 21 This all plans by the licensed Clause 22 . Endorsement on Plans, Etc. Agreement shall require the CONSULTANT'S endorsement on specifications, estimates and engineering data furnished CONSULTANT. All endorsement shall be made by personnel as Registered Civil Engineer in the State of California. . U. S. Government Code Section 7550 Any document or written report prepared for or under the direction of a State or local agency, which is prepared in whole or in part by nonemployees of such agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report; provided, however, that the total cost for work performed by nonemployees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or written reports are the subject or product of the contract, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. Clause 23. Subsurface Investigations CONSULTANT is responsible for making subsurface investigations relative to the traffic signal design. As a result of these invest- igations, CONSULTANT is to locate all the applicable utilities and verify them with the utility companies. Utilities are then to be indicated on the plans where underground work will be included with the specific project. Clause 24. Design Standards Consultant shall conform to the State of California, Department of Transportation Standard Plans and Specifications and General Signal Layout format. SP -7 Clause 25. Obligations of Local Agency to Consultant All data applicable to the project and in the possession of the City shall be made available to the Consultant. This shall include, but is not limited to, the following: 1. Accident data 2. Existing plans and/or specifications 3. Traffic Counts 4. Format for plan sheet 5. Miscellaneous public record information In addition, the City shall serve as a liaison between the Consultant and the Planning Commission, City Council and the media for purposes of scheduling workshops, meetings and public hearings. GP -8 • 7-2-84 SECTION 6. FEDERAL REQUIREMENTS FOR FEDERAL -A10 _ PROJECTS 6-1.01 GENERAL.—The work herein proposed will be financed in whole or In part with Fed- eral funds, and therefore all of the statutes, rules and regulations promulgated by the Fed- eral Government and applicable to work financed in whole or In part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid Construction Contracts," Form PR -1273, are included in this Section 6. Whenever in said required contract provisions references are made to the "State Highway Department Contracting Officer," "State Highway Department Resident Engineer," or "Authorized representatives of the State Highway Department,'! such references .shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard Specifications. 6-1.02 PERFORMANCE OF PREVIOUS CON- TRACTS. --In addition to .the provisions In Section II, "Equal Opportunity," and Section VII, "Subletting or Assigning the Contract," of the required contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICA- TION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located In the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request Is accompanied by the CERTIFICATION referred to above, excecuted by the proposed subcontractor. 6-1.03 NON -COLLUSION PROVISION. --The-, provisions In this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition precedent to approval by the Federal Highway Administrator of the contract for this work that the Contractor file a sworn statement executed by, or on behalf of, t :?\1�-L the person, firm, association, or corporation to whom such contract is to be awardedy certi- fying that such person, firm, association, or corporation has not, either directly or indi- rectly, entered Into any agreement, partici- pated In any collusion, or otherwise taken any action In restraint of free competitive bid- ding in connection with such contract. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a' sworn statoment, as permitted by 28, USC, Sec. • 1746, is included in the proposal. 6-1.04 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTING. --The follow- ing are excerpts from Part 23, Title 49, Code of Federal Regulations entitled, "Participation By Minority Business Enterprise In Department of Transportation Programs." .isis •54 545544isi Subpart A -General 123.1 Purpose. (a) The purpose of this part Is to carry out the Department of Transportation's policy of supporting the fullest possible participa- tion of firms owned and controlled by minori- ties and women,'(MBEs) In Department of Trans- portation programs. This Includes assisting MBEs throughout the life of contracts in which they participate. 141111111111SWi1 523.2 Applicability. This part applies to any DOT program through which funds are made available to members of the public for accomplishing DOT's purposes. Contracts and subcontracts which are to be performed entirely outside the United States, Its possessions, Puerto Rico, and the North Mariana Islands, are exempted from this part. rev. 1/29/86 FR -1 523.5 Definitions. "Affirmative action" means taking specific steps to eliminate discrimination and Its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in con— tracts and programs funded by the Department. ■Applicant" means one who submits an appli— cation, request, or plan to be approved by a Departmental official or by a primary recipient as a condition to eligibility for DOT financial assistance; and "application" means such an application, request, or plan. "Compliance" means the condition existing when a reclplent or contractor has met and implemented the requirements of this part. "Contract" means a mutually binding legal relationship or any modification thereof obligating the seller to furnish supplies or services, including construction, and the buyer to pay for them. For purposes of this part, a lease Is a contract. "Contractor" means one who participates, through a contract or subcontract, in any program covered by this part, and Includes lessees. . "Department" or "DOT" means the Department of Transportation, including Its operating elements. "DOT—assisted contract" means any contract or modification of a contract between a reclpl— ent and a contractor which is paid for in whole or in part with DOT financial assistance or any contract or modification of a contract between a recipient and a lessee. "DOT flnanclal assistance" means financial aid provided by the Department or the United States Railroad Association to a recipient, but does not include a direct contract. The finan— cial aid may be provided directly In the form of actual money, or Indirectly In the form of guarantees authorized by statute as flnanclal assistance services of Federal personnel, title or other interest in real or personal property transferred for less than fair market value, or any other arrangement through .which the recipi— ent benefits financially, including licenses for the construction or operation of a Deep Water Port. "Departmental element" means the following parts of DOT: FR -2 • (a) The Office of the Secretary (OST); (b) The Federal Aviation Administration (FAA); (c) The United States Coast Guard (USCG); . (d) The Federal Highway Administration (FHWA); (e) The Federal Railroad Administration (FRA); (f) The Natinai Highway .Traffic Safety Administration (NHTSA); -(g) The Urban Mass Transportation Administration (UMTA); (h) The St. Lawrence Seaway Development Corporation (SLSDC); and (1) The Research and Special Programs Administration (RSPA). "Joint venture" means an association of two or more businesses to carry out a single busi— ness enterprise for profit for which purpose they combine their property, capital, efforts, skills, and knowledge. "Lessee" means a business or person that leases, or Is negotiating to lease, property from a reclplent or the Department on the recipient's or Department's facility for the purpose of operating a transportation—related activity or for the provision of goods or services to the facility or to the public on the facility. SSSiSSSSSSSSSSS "Minority business enterprise" or. "MBE" means a small ,business concern, as defined pursuant to section 3 of the Small Business Act and implementing regulations, which Is owned and controlled by one or more minorities or women. This definition applies only to flnanclal assistance programs. For the purposes of this part, owned and controlled means a business: (a) Which Is at.least 51 per centum owned by one or more minorities or women or, in the case of a publicly owned business, at least 51 per centum of the stock of which is owned by one or more minorities or women; and (b) Whose management and daily business. operations are controlled by one or more such individuals. . r ,. "MBE coordinator" means the official designated by the head of the Department element to have overall responsibility for promotion of minority business enterprise In his/her Departmental element. "Noncompliance" means the condition existing when a reclplent or contractor has failed to Implement the requirements of this part. "Primary reclplent" Is a recipient who receives DOT flnanclal assistance and passes some or all of this assistance on to another receiplent. "Program" means any undertaking by a recipient to use DOT flnanclal assistance, and Includes the entire activity any part of which receives DOT flnanclal assistance. "Recipient" means any entity, public or private, to whom DOT financial assistance Is extended, directly or through another recipient for any program. "Secretary" means the• Secretary of transportation or any person whom he/she .has designated to act for him/her. "Set-aside" means a technique which limits consideration of bids or proposals to those submitted by MBEs. 523.7 Discrimination prohibited. No person shall be excluded from partici- pation in, denied the benefits of, or other- wise discriminated against in connection with the award and performance of any contract covered by this Part, on the grounds of race, color, national origin, or sex. Subpart B-IReserved1 Subpart C -Department of Transportation Financial Assistance Programs SSSSSSSSSSSSSSSS 523.43 General requirements for recipients. (a) Each reclplent shall agree to abide by. the statements In paragraphs (a)(1) and (2) of this section. These statements shall be in- cluded In the recipient's DOT flnanclal assis- tance agreement and in all subsequent agree- ments between the reclplent and any sub - recipient and In all subsequent DOT- assisted contracts between recipients or stibreclplents and any contractor. FR -3 11 (1) "Policy. It 15 the policy of the Department of Transportation that minority business enterprises as defined In 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed .In whole or In part with Federal funds under thls agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to thls agreement. - (2) "MBE Obligation. (i) The recipient or- its contractor agrees to ensure that.., minority business enterprises as defined in CFR Part 23 have the maximum opportunity to participate In the performance .of contracts and subcontracts financed in whole or in part with Federal funds provided under this agree- ment. In this regard all recipients or con- tractors shall take all. necessary and reason- able steps In accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for. and perform contracts. Recipients and their contractors shall not discriminate_ on the basis of race, color, national origin, or sex In the award and performance of DOT -assisted contracts." SSSSSSSSSSSSSSSS (c) The recipient shall advise each subre- ciplent, contractor, or subcontractor that failure to carry out the requirements set forth In i23.43(a) shall constitute a breach of tract and, after the notification of Department, may result in termination of agreement or contract by the recipient or remedy as the reclplent deems appropriate. SSSSSSSS4SSS5SS4 ,123.45 Required MBE program components. SSSSSSSSSSSSSSSS con - the the such (e) MBE directory. (1) The recipient shall have available a directory or source Ilst to facilitate Identifying MBEs with capabili- ties relevant to general contracting require- ments and to .particular solicitations. The recipient shall make the directory available to bidders and proposers In their efforts to meet the MBE requirements. It shall specify which firms the Department, recipient, or the Small Business Administration has determined to be eligible MBEs in accordance with procedures set forth In this subpart. (f) Procedures to ascertain the eligi- bility of MBEs and Joint ventures Involving MBEs. (1) To ensure that Its MBE program benefits only firms owned and controlled by minorities or women, the recipient shall. certify the eligibility of MBEs and joint ventures involving MBEs that are named by the competitors In accordance with this subpart. Recipients may, at their own discretion, accept certifications made by other DOT recipients. (2) Recipients shall require their prime contractors to make good faith efforts to replace an MBE subcontractor that is unable to perform successfully with another MBE. The recipient shall approve all substitutions of subcontractors before bld opening and during contract performance, in order to ensure that the substitute firms are eligible MBEs. SSSSSSSSSSSSSSSS APPENDIX A - GUIDANCE CONCERN I !!8 6000 FA I TH EFFORTS To determine whether a competitor that has failed to meet MBE contract goals may receive the contact, the recipient must decide whether the efforts the competitor made to obtain MBE particlpation were "good faith efforts" to meet the goals. Efforts that are merely pro forma are not good faith efforts to meet the goats. Efforts to obtain MBE particlpation are not good faith efforts to meet the goals, even If they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of MBE participation sufficient to meet the goals. In order to award a contract to a competitor that has failed to meet MBE contract goals, the recipient must determine that the competitor's efforts were those that, given all relevant circumstances, a competitor actively and aggressively seeking to meet the goals would make. To assist recipients in makinglthe required judgment, the Department has prepared a Ilst of FR -4 the kinds of efforts that contractors may make in obtaining MBE participation. It is not Intended to be a.mandatory checklist; the ,De- partment does not require recipients to insist that a contractor do any one, or any particular combination, of the things on the list. Nor Is the list intended to be exclusive or exhaus- tive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether a contractor has made good faith ef- forts, it will usually be Important for a recipient to look not only at the different kinds of efforts that the contractor has made, but also the quantity and intensity of these efforts. The Department offers the following list of kinds of efforts that recipients may consider: (1) Whether the contractor attended any pre -solicitation or pre-bld meetings that were scheduled by the recipient to inform MBEs of contracting and subcontractig opportunities; (2) Whether the contractor advertised in' general circulation, trade association, and minority -focus media concerning the subconract- Ing opportunities; (3) Whether the contractor provided written notice to a reasonable number of specific MBEs that their Interest In the contract was being solicited, in sufficient time to allow the MBEs to participate effectively; (4) Whether the contractor followed up Initial solicitations of interest by contacting MBEs to determine with certainty whether the MBEs were interested; (5) Whether the contractor selected por- tions of the work to be performed by MBEs in order to increase the likelihood of meeting the MBE goals (including, where appropriate, break- ing down contracts into economically feasible units to facilitate MBE particlpation); (6) Whether the contractor provided interested MBEs with adequate information about the plans, specifications and requirements of the contract; (7) Whether the contractor negotiated in good faith with Interested MBEs, not rejecting MBEs as unqualified without sound reasons based on a thorough Investigation of their capa- bilities; ' (8) Whether the contractor made efforts to assist interested MBEs in obtaining bonding, r 4•. lines of credit, or insurance required by the recipient or contractor; and (9) Whether the contractor effectively used the services of available minority community organizations; minority contractors' groups; local, state and Federal minority business assistance offices; and other organizations that provide assistance in the recruitment and placement of MBEs. SSSSSSSSSSSSSSSS 523.47 Counting MBE participation toward meting MBE goals. MBE participation shall be counted toward meeting MBE goals set in accordance with this subpart as follows: (a) Once a firm is determined to be an eligible MBE in accordance with this subpart, the total dollar value of the contract awarded to the MBE is counted toward the applicable MBE goals. • (b) The total dol lar value of a contract to an MBE owned and controlled by both minority males and non -minority females Is counted toward the goals for minorities and women, respectively, in proportion to the percentage of ownership and control of each group in the business. The total dollar value of a con- tract with an MBE owned and controlled by minority women Is counted toward either the minority goal or the goal for women, but not to both. The contractor or recipient employ- ing the firm may choose the goal to which the contract value Is applied. (c) A recipient or contractor may count toward Its MBE goals a portion of the total dollar value of a contract with a Joint ven- ture eligible under the standards of this subpart equal to the percentage of the owner- ship and controls of the MBE partner in the joint venture. F R-5 (d)(1) A recipient or contractor may count toward its MBE goals only expenditures to MBEs that perform a commercially useful function' In the work of a contract. M MBE Is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out Its responsbllltles by actually perform - Ing, managing, and supervising the work Involved. To determine whether an MBE Is performing a commercially useful function, the recipient or contractor shall evaluate the amount of work subcontracted, Industry practices, and other relevant factors. (2) Consistent with normal .Industry practices, an MBE may enter Into subcontracts. If an MBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the MBE shall be presumed not to be performing a commercially useful function. The MBE may present evidence to rebut this presumption to the recipient. The recipient's decision on the rebuttal of this presumption Is subject to review by the Department. (e) A recipient or contractor may count toward Its MBE goals expenditures for materials and supplies obtained from MBE suppliers and manufacturers, provided that the MBEs assume the actual and contractual responsibility for the provision of the materials and supplies. (1) The recipient or contractor may count its entire expenditure to an MBE manufac- turer (i.e., a supplier that produces goods frau raw materials or substantially alters them before resale). (2) The recipient may count 20 percent of Its expenditures to MBE suppliers that are not manufacturers, provided that the MBE supplier performs a commercially useful function In the supply process. SSiSSSSISS SSSSSS 123.51 Certification of the eligibility of minority business enterprises. (a) To ensure that this part benefits only MBEs which are owned and controlled In both form And substance by one or more minorities or women, DOT recipients shall use Schedules A and 8 (reproduced .at the end of this Part) to certify firms who wish to participate as MBEs in DOT under this part. (b) Except as provided in paragraph (c) of this section, each business, Including the MBE partner In a Joint venture, wishing to partici- pate as a MBE under this part in a DOT -assisted contract shall complete and submit Schedule A. 'Each entity wishing to participate as a Joint venture MBE under this part In DOT -assisted contracts shall In addition complete and submit Schedule 8. The schedule(s) shall be signed and notarized by the authorized representative of the business entity. A business seeking certification as an MBE shall submit the required schedules with Its bid or proposal for transmission to the contracting agency Involved. - (c) Under the following circumstances, a business seeking to participate as an MBE under this subpart need not submit schedule A or B: (1) If a DOT recipient has established a different certification process that DOT has determined to be as or more effective than the process provided for by this section. Where such a process exists, potential MBE contrac- tors shall submit the Information required by the recipient's process. (2) If the potential MBE contractor states In writing that It has submitted the same Information to or has been certified by the DOT recipient involved, any DOT element, or another Federal agency that uses essen- tially the same definition and ownership and control criteria as DOT. The potential MBE contractor shall obtain the Information and certification (If any) from the other agency and submit it to the recipient or cause the other agency to submit it. The reclplent may rely upon such a certification. Where another agency has collected Information butt not made a determination concerning eligibility, the Y DOT recipient.shall make Its own determination based on the 'Information it has obtained from the other agency. (3) If the potential MBE contractor has been determined by the Small Business Adminis- tration to be owned and controlled by socially and economically disadvantaged individuals under section 8(a) of the Small Business Act,' as amended. 123.53 Eligibility standards. (a) The following standards shall be used by recipients In determining whether a owned and controlled by one or more minorities or women is and shall therefore be eligible to be certified. as an MBE. Businesses aggrleved by the determinatlon.may appeal In accordance with procedures set forth in 123.55. (1) Bona fide minority group membership shall be established on the basis -.of the Individual's claim that he or she is a member of a minority group and is so regarded by that particular minority community. However,' the reclplent Is not required to accept this claim if it determines the claim to be invalid. (2) An eligible minority business enterprise under this part shall be an Independent business. The ownership and control by minorities or women shall be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected In Its ownership documents. The minority or women owners shall enjoy the customary Incidents of ownership and shall share in the risks and profits commensurate with their ownership interests, as demonstrated by a examination of the substance rather than form of arrangements. Recognition 'of the business as a separate _entity for tax or corporate purposes Is not necessarily sufficient for recognition as an MBE. In determining whether a potential MBE Is an Independent business, DOT recipients shall consider all relevant factors, including the date the business was established, the adequacy of Its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with nonminority firms vary from Industry practice. (3) The minority or women owners shall also possess the power to direct or cause the FR -6 direction of the management and policies of the firm and to make the day-to-day as well as major decisions on matters of management, policy, and operations. The firm shall not be subject to any formal or Informal restrictions which limit the customary discretion of the minority or women owners. There shall be no restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or - otherwise that prevent the minority or women owners, without the cooperation or vote of any owner who is not a minority or woman, from making a business decision of the firm. (4) If the owners of the firm who are not minorities or women are disproportionately -responsible for the operation of the firm, then the firm Is not controlled by minorities or women and shall not be considered an MBE within the meaning of this part. Where the actual management of the firm Is contracted out to individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can, for the purposes of this part, be considered as controlling the business. •(5) All securities which constitute ownership and/or control of a corporation for purposes of establishing it as an MBE under this part shall be held directly by minorities or women. No securities held in trust, or by any guardian for a minor, shall be considered as held by minority or women in determining the ownership or control of a corporation. (6) The contributions of capital or expertise by the minority or women owners to acquire their interests In the firm shall be real and substantial. Examples of insufficient contributions Include a promise to contribute capital, a note payable to the firm or Its owners who are not socially and economically disadvantaged, 'or the mere participation as an employee, rather than as a manager. (b) In addition to the above standards, DOT recipients shall give special consideration to the following circumstances in determining eligibility under this part. FR -7 (1) Newly formed firms and firms whose ownership and/or control has changed since the date of the advertisement of the contract are closely scrutinized to determine the reasons for the timing of the formation of or change in the firm. (2) A previous and/or continuing employer-employee relationship between or among present owners is carefully reviewed to ensure that the employee -owner has management responsibilities and capabilities discussed In this section. (3) Any relationship between an MBE and a business which is not an MBE which has an interest in the MBE is carefully reviewed to determine If the Interest of. the non -MBE conflicts with the ownership and control requirements of this section. (c) A Joint venture is eligible under this part if the MBE partner of the Joint venture meets the standards for ,an eligible MBE set forth above and the MBE partner is responsible for a clearly defined portion of the work to be performed and shares In the ownership, control, management responsibilities, risks, and profits of the Joint venture. (d) A Joint venture Is eligible to compete In an MBE set-aside under this part if the MBE partner of the joint venture meets the standards of an eligible MBE set forth above, and the MBE partner's share in the ownership, control, and management responsibilities, risks, and profits of the joint venture Is a least 51 percent and the MBE partner Is responsible for a clearly defined portion of the work to be performed. (e) A business wishing to be certified as an MBE or joint venture MBE by a DOT recipient shall cooperate with the recipient In supplying additional information which may be requested In order to make a determination. (f) Once certified, an MBE shall update its submission annually by submitting a new Schedule A or certifying that the Schedule A on file is still accurate. At any time there Is a change In ownership or control of the firm, the MBE shall submit a new schedule A. (g) Except as provided In section 23.55, the denial of a certification by the Department or a recipient shall be final, for that contract and other contracts being let by.the recipient ,.at the time of the denial of certification. MBEs and joint ventures denied certification may correct deficiencies In their ownership and control and apply for certification only for future contracts. (h) Recipients shall safeguard from disclosure to unauthorized persons information that reasonably may be regarded as confidential business information, consistent with Federal, state and local law. SSSSSSSSSSSSSSSS Subpart D -Special Provisions for Recipients of Funds Under the Surface Transportation Assistance Act of 1982 523.61 Purpose. (a) The purpose of this subpart is to implement section 105(f) of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424) so that, except to the extent the Secretary determines otherwise, not less than ten percent of the funds authorized by the Act for the programs listed in 523.63 of this Subpart is expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (b) The ten percent level of participation for disadvantaged businesses established by section 105(f) will be achieved if recipients under the programs covered by this Subpart set and meet overall disadvantaged business goals of at (east ten percent. 523.62 Definitions. The following definitions apply to this subpart. Where these definitions are Inconsistent with the definitions of 523.5 of this part, these definitions control for all other purposes under this part. "Act" means the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424). "Disadvantaged business" means a small business concern: (a) Which is at least 51 FR -8 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the.stock of which Is owned by one or more socially and economically disadvantaged individuals; (b) whose management and daily business. operations are controlied'by one or more of the ,socially and economically disadvantaged individuals who own it. "Small business concern" means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and who are Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, or Asian -Indian Americans and any other minorities or lndlviduals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. Recipients shall .make a rebuttable presumption that individuals in the following 'groups are socially and economically disadvantaged. Recipients also may determine, on a case-by-case basis, that individuals who are not a member of one of the following groups are socially and economically disadvantaged. (a) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; (b) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or. other Spanish culture or origin, regardless of race; (c) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (d) "Asians -Pacific Americans," which Includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and (e) "Asian -Indian Americans," which includes persons whose origins are from India, Pakistan, and Bangladesh'. ' a I 523.63 Applicability. This subpart applies to all DOT financial assistance in the following categories that recipients expend in DOT -assisted contracts: (a) Federal -aid highway funds authorized by Title I and section 202 of Title II of the Act; and (b) Urban mass transportation funds - authorized by Title I or 11I of the Act or the Urban Mass Transportation Act of 1964, as amended. SSSSSSSSSSSSSSS- 523.69 Challenge procedure (a) Each recipient required to establish an overall goal under 123.64 shall establish a challenge procedire consistent with this section 'to determine whether an individual presumed to be socially and economically disadvantaged as provided in 523.62 Is in fact socially and economically disadvantaged. (b) The recipient's challenge procedure shall provide as follows: (1) Any third party may challenge the socially and economically disadvantaged status of any individual (except an individual who has a current 8(a) certification from the Small Business Administration) presumed to be soclally•and economically disadvantaged If that individual is an owner of a firm certified by or seeking certification from the recipient as a disadvantaged business. The challenge shall be made In writing to the recipient. (2) With Its letter, the challenging party shall include all information available to It relevant to a determination of whether the challenged party is in fact socially and economically disadvantaged. (3) The recipient shall determine, on the basis of the information provided by the challenging party, whether there is reason to believe that the challenged party is In fact not socially and economically disadvantaged. (I) If the reclplent determines that there Is not reason to believe that the challenged part Is not socially and economically FR -9 disadvantaged, the recipient shall so Inform the challenging party in writing. This terminates the proceeding. • (II) If the recipient determines that there Is reason to believe that the challenged party is not socially and economically disadvantaged, the recipient shall begin a proceeding as provided in paragraphs (b)(4), (5), and (6) of this paragraph. (4) The recipient shall notify the challenged party In writing that his or her status as a socially and economically disadvantaged Individual has been challenged. The notice shall identify the challenging party and summarize the grounds for the challenge, The notice shall also require the challenged party to provide to the recipient, within a reasonable time, information sufficient to permit the recipient to evaluate his or her status as a socially and economically disadvantaged Individual. (5) The recipient shall information available to it and determination of the social disadvantage of the challenged recipient shall notify proposed determination forth the reasons for recipient shall provide parties for an Informal hearing, at which they can respond to this proposed determination In writing and in person. (6) Following the evaluate the make a proposed and economic party. The both parties of 'this In writing, setting Its proposal. The an opportunity to the Informal hearing, the recipient shall make a final determination. The recipient shall inform the parties In writing of the final determination,, setting forth the reasons for its decisions. (7) In making the determinations called for in paragraphs (b)(3), (5), and (6) of this paragraph, the reclplent shall use the standards set forth in Appendix C to this Subpart. (8) During the pendency of a challenge under this section, the presumption that the challenged party Is a socially and economically disadvantaged individual shall remain In effect. .(c) The final determination of the reclplent under subparagraphs (b)(3)(I) and (b)(6) may be appealed to the Department by the adversely affected party to the proceeding under the procedures of 523.55 of this Part. • S S i,i S SSS S S S S S 5 S S Subpart E -Compliance and Enforcement 4555555555554445 523.87 Willful provision of incorrect Information. If; at any time, the Department or a recipient has reason to believe that any person or firm has willfully and knowingly provided Incorrect Information or made false statements, it shall refer the matter to .the General Counsel of the Department. He/she may Initiate debarment procedures in accordance with 41 CFR 4-1.804 and 12-1.602 and/or refer the matter to the Department of Justice under 18 U.S.C. 1001, as he/she deems appropriate. Schedule A—Information for Determining Minority Business Enterprise eligibility • 1. Name of firm 2. Address of firm 3. Phone Number of firm 4. Indicate whether firm is sole propri- etorship, partnership, Joint venture, corpora- tion or other business entity (please specify) 5. Nature of firm's business 6. Years firm has been In business 7. Ownership of firm: Identify those who own 5 percent or more of the firm's ownership. Columns e and f need to be filled out only If the firm is .less than 100 percent minority owned. a Name d b c Years of Race Sex owner- ship e Ownership percent- age f Voting percent- age With firms Tess than 100 percent minority - owned, list the contributions of money, equipment, real estate, or expertise of each of the owners. 8. Control of firm: (a) Identify by name, race, sex, and title in the firm those Indi- viduals (including owners and non -owners) who are responsible for day-to-day management and policy decislonmaking, including, but not limited to, those with prime responsibility for: (1) Financial decisions (2) Management decisions, such as -- a. Estimating b. Marketing and sales c. Hiring.and firing of management personnel d. Purchases of major Items or supplies (3) Supervision of field operations 9. For each of those listed In question 8, provide a brief summary of- the person's experience and number of years with the firm, Indicating the person's qualifications for the responsibilities given him or her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ownership or control of minority owners. 11. Identify any owner (see Item 7) or management official (see item 8) of the named firm who Is or has been an employee of another firm that has an owership interest in or a present business relationship with the. named firm. Present business relationships include shared space, equipment,. financing, or employees as well as both firms having some of the same owners. 12. What are the gross receipts of the firm for each of the last two years? Year ending S Year ending 13. Name of bonding company, if any: Bonding limit Source of Letters of credit, if any 14. Are you authorized to do business in the . state as well as locally, including all neces- sary business licenses? FR -10 15. Indicate If this firm or -other firms with any of the same officers have previously received or been denied certification or par- ticipation as an MBE and describe the circum- stances. Indicate the name of the certifying authority and the date of such certification or dental. Affidavit "The undersigned swears that the foregoing statements are true and correct and Include al material Information necessary to identify and explain "'"-` 'the operations of (name offirm) as well as the ownership thereof. Further, the undersigned agrees to provide through the prime contractor or, If no prime, directly to the grantee current, com- plete and accurate Information regarding actua work performed on the protect, the payment therefor and any proposed changes, If any, of the foregoing arrangements and to permit the audit and examination of books, records and files of the named firm. Any material misre- presentation will be grounds for terminating any contract which .may be awarded and for Initiating action under Federal or State laws concerning false statements." Note. --If, after filing this Schedule A and before the work of this firm Is completed on the contract covered by this regulation, there is any significant change In the Information submitted, you must inform the grantee of the change through the prime contractor or, If no prime contractor, inform the grantee directly. Signature Name Title Date Corporate Seal (where appropriate). Date State of County of On this day of before me appeared (Name) me personally known, who, did execute the foregoing state that he or she was by (Name of firm) 19 , to being duly sworn, affidavit, and did properly authorized to FR -11 execute the affidavit and did so as his or her free act and deed.' •. (Seal) Notary Public Commission expires Schedule B—Information for Determining Joint Venture Eligibility (This form need not be filled in If all joint venture firms are minority owned.) 1. Name of Joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identify the firms which comprise -the joint venture. (The MBE partner must complete Schedule A.) (a) Describe the role of the MBE firm in the Joint venture. (b) Describe very briefly the experience and business qualifications of each non -MBE joint venturer: _ 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What Is the claimed percentage of MBE ownership? 8. Ownshlp of joint venture: (This need not be filled in if described In the joint venture agreement, provided by question 6.). (a) Profit and loss sharing. (b) Capital contributions, including equipment. (c) Other applicable ownership Interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decislonmaking, Including, but not limited to, those with prime responsibility for: (a) Financial decisions (b) Management decisions, such as: (1) Estimating (2) Marketing and sales (3) Hiring and firing of management personnel (4) Purchasing of major items or supplies (c) Supervision of field operations Note. --If, after filing this Schedule B and before the completion of the joint venture's work on the contract covered by this regula- tion, there Is any significant change In the Information submitted, the Joint venture must Inform the grantee, either directly or -through the prime contractor If the Joint venture Is a -subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and Include all material Information necessary to identify and explain the terms and operation of our Joint venture and the Intended participation by each Joint venturer In the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete end accurate Information regarding actual Joint venture work and the payment therefor and any pro- posed changes in any of the Joint venture arrangements and to permit the audit and examination of the books, records and files of the Joint venture, or those of each Joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." FR -12 Name of Firm Name of Firm Signature Signature Name Name Title Title Date Date Date State of County of On this day of , 19 before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public . Commission expires ISeal1 Date State of County of On this day of , 19 , before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires 'Seal! 6-1.05 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRICTION CONTRACTS Page 1. Application FR -12 11. Equal Opportunity FR -12 III. Nonsegregated Facilities--- — FR -14 IV. Payment of Predetermined Minimum Wages------------ FR -15 V. Payrolls and Basic Records FR -18 VI. Record of Materials, Supplies and Labor---------------- FR -19 VII. Subletting or Assigning the Contract FR -20 VIII. Safety; Accident Prevention------- FR -21 IX. False Statements Concerning Highway Protects FR -21 X. Implementation of Clean Air Act and Federal Water Pollution Control Act FR -22 XI.- Contract Work Hours and Safety Standard Act Requirements FR -22 I. APPLICATION •1. These contract provisions shall apply to all work performed on the contract by the contractor with his own organization and with the assistance of workmen under his immediate superintendence and to all work performed on the contract by piecework, station work or by subcontract. 2. Contractors and subcontractors shall Insert In all subcontracts the entire contents of this form PR -1273. The contents of this form shall not be incorporated by reference. The contractor shall be responsible for compliance by all subcontractors with the contents of this form PR -1273. 3. A breach of any of the stipulations con- tained In these Required Contract Provisions may be grounds for termination of the con- tract. 4. A breach of the following clauses may be grounds for debarment .by the Department of Labor as a contractor and a subcontractor as provided in 29 CFR 5.12(a)(1): PR-1273(Rev. 5-83) FR -13 Section 1, paragraph 2; Section IV, paragraphs 1,3,4,6,7,9,10 and 11 Section V, paragraphs 1.2, and 4; Section XI 11. EQUAL OPPORTUNITY 1. Selection of Labor: During the performance of this contract, the contractor shall not discriminate against _ labor from any other State, possession or territory of the United States. 2. Eaploymsnt Practices: The Equal Employment Opportunity • Affirmative Action Notice set forth In 41 CFR 60-4.2 and Equal Employment Opportunity Construction Contract Specifications set forth in 41 CFR 60-4.3 are Incorporated by reference in this contract. 3. Equal Opportunity Clause: During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national .origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State highway department setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicita- tions or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consid- eration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or. other contract or understanding, a notice to be provided by the State highway department advising the said labor union or workers' representative of the contractors commitments under this section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor. e. The contractor will furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of 'investiga- tion to ascertain compliance with such _rules, regulations and orders. f. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, contract may suspended in regulations or be canceled, whole or In contractor may be declared further Government orders, this terminated or part and the Ineligible for contracts or assisted construction contracts in with procedures authorized In Executive Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 September 24, 1965, or by rule, regulation Federally - accordance of or order of the Secretary of Labor, or as g. The contractor will Include the provi- sions of this Section 11-3 in every subcontract otherwise provided by law. or purchase order unless exempted by rules; regulations or orders of the Secretary of Labor Issued pursuant' to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be ' binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for- noncompliance: Provided, however, that'in the event a contractor becomes involved in, or In Is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administration, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 4. Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment: During the performance of this contract, the contractor, for itself, Its assignees and successors in Interest (hereinafter referred to as the "contractor") agrees as follows: a. Compliance With Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally - assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein Incorpo,- rated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the ±r -contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcon- tractors, Including procurements of materials and leases of equipment. The contractor shall not participate either directly or Indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 8 of the Regulations. PR-1273(Rev. 5-83) FR -14 c. Solicitations for Subcontracts, includ- ing Procurements of Materials and Equipment: 4 In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, Including procurements of materlajs or leases .of equipment, each potential subcontractor or suppller shall be notified. by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. d. Information and Reports: The contractor shall provide all Information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as May be determined by the State highway depart- ment or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any informa- tion required of a contractor Is In the exclusive possession of another who falls or refuses to furnish this information the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts It has made to obtain the Information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: (1) withholding of payments to the contrac- tor under the contract until the contractor compiles, and/or (2) cancellation, termination or suspension of the contract, in whole or In part. f. Incorporation of Provisions: The con- tractor shall Include the provision of this paragraph 4 in every subcontract, including procurements of materials and leases of equip- ment, unless exempt by the Regulations, or directives Issued pursuant thereto. The con- tractor shall take such action with respect to any subcontractor or procurement as the State highway department or the Federal Highway Administration may direct as a means of enforc- Ing such provisions including sanctions for PR-1273(Rev. 5-83) FR -15 noncompliance: Provided, however, that, in the event a contractor becomes involved In, or is threatened with, litigation with a subcontrac- for or supplier as a result of such direction, the contractor may request the State highway department to enter into such litigation to protect the Interests of' the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the Interests of the United States. III. NONSEGREGATED FACiLITIES (Applicable to Federal -aid construction contracts and related subcontracts exceeding 510,000 which are not exempt from the Equal Opportunity clause.) By submission of this bid, the execution of this contract or subcontract, or the consum- mation of this material supply agreement, as appropriate, the bidder, Federal -aid construc- tion contractor, subcontractor, or material supplier, as appropriate, certifies that he does not maintain_or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facllltles at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are malntalned. He agrees that a breach of this certification Is a violation of the Equal Opportunity clause In this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, tlmeciocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because 'of habit, local custom, or otherwise. He agrees that (except where he has obtained Identical certifications from proposed subcontractors and material suppliers for specific time periods), he wilt obtain Identical • certification from proposed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,p00 which are not exempt from the provisions of the Equal 'Opportunity clause, and that he will retain such certifications In his files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGES 1. General Ail mechanics and laborers employed or work- ing upon the site of the work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR, Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics subject to the provisions of paragraph 4 of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided In paragraphs 6, 7, and 8 of this section. Laborers or mechanics performing work In more than one classlflcation may be compensated at the rate specified for each classlflcation for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent In each classification In which work Is performed. The wage determination (including PR-1273(Rev. 5-83) FR -16 s; 'i any additional classification and wage• rates conformed under paragraph 3 and 4a of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and Its subcontractors at the site of the work In a prominent and accessible place where It can be easily seen by the workers. 2. Payment of Excess (Wages: While the wage rates shown are the minimum rates required by the contract to be paid during its 'life, this Is not a representation that labor can be obtained at these rates. 'No increase In the contract pride shall be allowed or authorized on account of the payment of wage rates in excess of those listed therein. 3. Classification: a. The State highway agency contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified In conformance with the wage determination. The State highway agency contracting officer shall approve an additional classlflcation and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classiflcatlon requested is not performed by a classification In the wage determination; and (2) The classification Is utilized in the area by the construction industry; and (3) the proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in =the wage determination. b. If the contractor and the laborers and mechanics to be employed in the classification (If known), or their representative, agree with the classlflcation and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken 'shall be sent by the State highway agency contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt or will notify the State highway agency contracting officer within the 30 -day period that additional time Is necessary. c. In the event the contractor, or the laborers or mechanics to be employed In the classification or their representatives, do not agree with the State highway agency contracting 'officer on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the State highway agency contracting officer shall refer -the questions, including the views of all Interested parties and the recommendation of the State highway agency contracting officer, to the Administrator, Wage and Hour Division, Department of Labor, for determination. The Administrator, Wage and Flour Division, Department of Labor, or an authorized representative, will issue a determination within 30 days of receipt or will notify the State highway agency contracting officer within the 30 -day period that additional time Is necessary. 4. Fringe Benefits: a. The wage rate (Including fringe benefits where appropriate) determined pursuant to paragraphs 3 b and c of this section, shall be paid to all workers performing work in classification under this contract from first day on which work Is performed in classification. the the the b. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. c. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs PR-1273(Rev. 5-83) FR -17 reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davls-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. 5. Withholding: a. The State highway agency shall, upon Its own Initiative, or upon written request of an authorized representative of the Department of Labor, withhold, or cause to be withheld, from the contractor under this contract, or any other contract between It and the contractor, subject to Davis -Bacon prevailing wage requirements, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices and trainees, -employed by the contractor, or any subcontractor, the full amount of wages required by the contract. b. In addition thereto, the Federal Highway Administration shall, upon its own Initiative, or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any Federal contract with the contractor, or any other federally -assisted contract subject to Davis -bacon prevailing wage requirements which Is held by the contractor, so much of the accrued payments or advances as may be necessary to make the payments set forth In paragraph a. of this section. c. In the event of failure to pay any laborer or ,mechanic, including any apprentice or trainee, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Highway Administration may, after written notice to the State highway agency, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 6. Apprentices (Department of Labor): Apprentices will be permitted to work at less than the predetermined rate,for the work they perform when they are employed pursuant to, and individually registered in, a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by that Bureau, or if a person Is employed In his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who is not individually registered In the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be pa I d not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which Its program Is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not Tess than the rate specified In the registered program for the apprentice's level of progress, expressed as a percentage of the Journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringel benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator, Wage and Hour Division, determines that a different practice prevails , for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by that Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilized apprentices at less than the applicable predetermined rate .for the work performed until an acceptable program Is approved. 7. Trainees (Department of Labor): Except as provided to 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and Individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not Tess than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with -the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating In a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not PR-1273(Rev. 5-83) FR -18 • Tess than the applicable wage rate on the wage determination for the work actually performed. In the event. the Employment and Training Administration withdraws approval of a training .program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program 1s approved. . 8. Apprentices and Trainees (Programs of Department of Transportation): - Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal -old highway construction programs are not subject to the requirements of Section IV, paragraphs 6 and 7. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. 9. Equal Employment Opportunity: • The utilization of apprentices, trainees, and Journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,and 29 CFR Part 30. 10. Compliance with Copeland Act requirements: The contractor shall comply with the requirements of 29 CFR Part 3, which are Incorporated by reference In this contract. 11. Compliance with Davis -Bacon and Related Act requirements: Rulings and Interpretations Issued under the Davis -Bacon and Related Acts contained In 29 CFR Parts 1 and 5 are herein Incorporated by reference In this contract. 12. Disputes concerning labor standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth in '1'29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its subcontractors) and the State highway contracting agency, the U.S. Department of Labor, or the employees or their representatives. 13. Certification of Eligibility: By entering Into this contract, the contractor certifies that neither it nor any person or firm who has an Interest in the contractor's firm Is a person ..or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act (49 U.S.C. 276a -2(a)) or 29 CFR 5.12(a)(1). PR-1273(Rev. 5-83) FR -19 14. Restrictions on Subcontracting: No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of section 3(a) - of the Davis -Bacon Act (40 U.S.C. 276a -2(a)) or 29 CFR 5.12(a)(1). 15. Penalty for false statements: The penalty for making false statements a fine of not more than S10,000 imprisonment for not more than five years both as prescribed by 18 U.S.C. 1001. Y. PAYROLLS AND BASIC RECORDS 1. Contents and retention: Is or or Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of Hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under Section IV, paragraph 4 (29 CFR 5.5(a)(1)(iv)) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated •in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the pian or program Is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated -or the actual cost Incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship' programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable program. 2. Statement of Compliance: a. The contractor shall submit weekly for each week to which any contract work 1s performed a copy of all payrolls to the State highway agency for transmission to the Federal Highway Administration. The payrolls submitted shall set out accurately and completely all of the Information required by these specifications. This information may be submitted In any form desired. U.S. Department of Labor Optional Form WH -347 may be used for this purpose. The contractor Is responsible for the submission of copies of payrolts by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) b. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her aaent who pays or supervises the payment of the persons employed under the contract and shall certify the following: • (1) That the payroll for the payroll period contains the Information required to be maintained under paragraph 1 of this section (29 CFR 5.5(a)(3)(i)) and that such Information Is correct and complete; (2) That each laborer or mechanic (Including each apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or PR-1273(Rev. 5-83) CI Indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth In 29 CFR Part 3; (3) That each laborer or mechanic has been paid not Tess than the applicable wage • rates and fringe benefits or cash equivalents for' the classification of work. performed, as specified in the applicable wage determination incorporated .Into the contract. c. The weekly submission of a- properly executed certlfcation set forth on the reverse side of Optional Form WH -347 shall satisfy the requirements for submission of the "Statement of Compliance" required by paragraph -b. of this section. 3. Penalties for falsification: The falsification of any of the above certlflations may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. 4. Availability of records: The contractor and subcontractors shall make the records required under paragraph 1 of this section available for inspection, copying or transcription by authorized representatives of the State highway agency; the Federal Highway Administration, and/or the Department of Labor, and shall permit such representatives to Interview employees" during Working hours on the job. If the contractor or subcontractors fall to submit the required records or to make them available, the Federal Highway Administration may, after written notice to the State highway aency, take such action as may be necessary to cause the suspension of any ,further payment of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. FR -20 VI. RECORD OF MATERIALS, SUPPLIES AND LABOR 1. The provisions in this section are applicable to all. contracts except contracts for secondary. highways, contracts financed solely with funds provided by the Highway I' L '/ • Beautification Act of 1965, as amended, and contracts with a total bid price Tess than $500,000. 2. The contractor shall maintain a record of the total cost of all materials and sup- plies purchased for and incorporated in the work, and also of the quantltles of those specific materials and supplies listed on Form PR -47 and In the units shown. Upon completion. of the contract, this record, together with the final labor summary required in Section V, paragraph 3, hereof, shall be transmitted to the State highway department resident engineer for the protect on Form PR -47 in accordance with instructions attached thereto, which will be furnished for this purpose upon request. The quantltles for the listed Items shall be reported separately for roadway and for struc- tures over 20 feet long as measured along the centerline of the roadway. 3. The contractor shall become familiar with the list of specific materials and sup- plies contained In Form PR -47 prior to the commencement of work under this contract. Any additional materials information required will be solicited through revisions of Form PR -47 with attendant explanations. 4. Where subcontractors are involved the contractor shall submit either a single report covering..,work both by himself and all his subcontractors, or he may submit separate reports for himself and for each of his subcontractors. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with his own organization contract work amounting to not less than 30 percent of the original contract price, except that any designated by the State as "Specialty may be performed by subcontract and the total Items Items" amount of any such "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the contractor with his own organization. a. "His own organization" shall be construed to include only workmen employed and paid PR-1273(Rev. 5-83) FR -21 directly by the prime contractor and equipment owned or rented by him, with or without opera- tors. b. "Special-ty Items" shall be construed to be limited to work that requires highly spe- cialized knowledge, craftsmanship or equipment not ordinarily available In contracting organizations qualified to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. In addition to the 30 percent requirement set forth In paragraph 1 above, the contractor shall furnish (a) a competent superintendent or foreman who is employed by him, who has full authority to direct performance of the work In accordance with the contract requirements, and who Is in charge of all construction operations (regardless of who performs the work), and (b) such other of his own organizational capability and responsibility (supervision, management, and engineering services) as the State highway department contracting officer determines is necessary to assure the performance of the contract. 3. The contract amount upon which the 30 percent requirement set forth In paragraph 1 is computed Includes the cost of materials and manufactured products which are to be pur- chased or produced by the contractor under the contract provisions. 4. Any Items that have been selected as "Specialty Items" for the contract are listed as such in the Special Provisions, bid sched- ule, or elsewhere in the contract documents. 5. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the State highway department contracting officer, or his authorized representative, and such consent when given shall not be construed to relieve the contractor fulfillment of permission to dispose of any of any responsibility for the the contract. Request for sublet, assign, or otherwise portion of the contract shall be In writing• and accompanied by (a) a showing that the organization which will perform the work Is particularly experienced and equipped for such work, and (b) an assurance by the contractor that the labor standards provisions set forth In this contract shall apply to labor performed on all work encompassed by the request. VI11. SAFETY; ACCIDENT PREVENTION In the performance of this contract, the contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation. The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions, on his own responsibility, or as the State highway department contracting officer may determine, reasonably necessary to -protect the life and health of employees on the job and the safety of the public and to protect property In connection with the performance of the work covered by the contract. It Is a condition of this contract, and shall be made a condition of each subcontract entered into pursuant to this contract, that the contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the contract to work In sur- roundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from from time to time), promulgated by the United States Secretary of Labor, In accordance with Section 107 of the Contract Work Fours and Safety Standards Act (83 Stat. 96). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of relia- bility on statements and representations made by engineers, contractors, supplies, (sic) and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project Is a violation of Federal law. Td prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project In one or more places where it is readily available to all personnel concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS Title 18, United States Code, Section 1020, reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes 'any false statement. -false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof In connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submittted for approval to the Secretary of Transportation; or "Whoever knowingly makes any false state- ment, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work per- formed or to be nished or to be the construction project approved portatlon; or "Whoever knowingly makes any false state- ment or false representation as to a material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Road Act approved July 1, 1916 (39 Stat. 355), as amended and supplemented; "Shall be fined not more than $10,000 or imprisoned not more than five years, or both." performed, or materials fur - furnished, in connection with of any highway or related by the Secretary of Trans- PR-1273(Rev. 5-83) FR -22 ' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT •.(APPLICABLE TO CONTRACTS AND SUBCONTRACTS WHICH EXCEED $100,000) 1. The contractor stipulates that any facility to be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 C.F.R. Part 15), is not listed, on the date of contract award, on the U.S. Environmental Protection Agency, (EPA) List of Violating Facilities. Pursuant to 40 C.F.R. 15.20. 2. The contractor agrees to comply with all the requirements of section 114 of the Clean Air Act,and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. ' 3. The contractor shall promptly notify the State highway department of the receipt of any communication from- the Director, Office of Federal Activities, EPA, indicating that a ,facility to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. The contractor agrees to include or cause to be included the requirements of subparagraphs 1 through 4 of this paragraph X in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. X1. CONTRACT WORK HOURS AND SAFETY STANDARD ACT REQUIREMENTS 1. Overtime requirements: No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics, Including watchmen and guards, shall require or permit any such laborer or mechanic In any workweek in which he or she Is employed on such work to work In excess of forty hours In such workweek unless such. laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours.. In such workweek. 2. Violation; (lability for unpaid wages; liquidated damages: In the event of any violation of paragraph': 1 of this Section, the contractor .and any,' subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall liable to the United States (In the case work done under contract for the District Columbia or a territory, to such District to such -territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and _ guards, employed in violation of paragraph 1 of this Section, In the sum of S10 for each calendar day In which such Individual was required or permitted to work In excess of the standard workweek of forty hours without payment of the overtime wages required by paragraph 1 of this Section. PR-1273(Rev. 1-86) FR -23 be of of or 3. Withholding for unpaid wages and liquidated damages: The Federal:Highway Administration shall upon its own Initiative or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor and all subcontractors under this contract or any Federal contract with the same contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is .held by the same contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor and all subcontractors for unpaid wages and liquidated damages as provided in paragraph 2 of this Section. 6-1.06 FEDERAL -AID PROPOSAL NOTICE 1. NOTICE OF REQUIREMENT FCR AFFIRMATIVE 'ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) CALIFORNIA ECONOMIC AREA Goal (Percent). . 1. The Offeror's or Bidder's attention is 174 Redding, CA: called to the "Equal Opportunity Clause" set forth herein. Non -SMSA Countles 6.8 CA Lassen; CA Modoc; 2. The following goal for female utlllza- CA Plunas; CA Shasta; tion shall be included In all Federal and CA Siskiyou; CA Tehama. federally assisted construction contracts and 175 Eureka, CA: subcontracts In excess of S10,000. The goal is applicable to the contractor's aggregate Non -SMSA Counties 6.6 on-site construction workforce whether or not CA Del Norte; CA Humboldt; part of that workforce Is performing work on a CA Trinity. Federal or federally assisted •construction contract or subcontract. 176 San Francisco -Oakland -San Jose, CA: Goal for Women SMSA Counties: (applies nationwide) (percent) 6.9 7120 Salinas -Seaside - Monterey, CA 28.9 Until further notice, the following goals CA Monterey. for minority utilization In each construction 7360 San Francisco -Oakland, CA. 25.6 craft and trade shall be included In all CA Alameda; CA Contra Costa; Federal or federally assisted construction CA Marin; CA San Francisco; contracts and subcontracts In excess of S10,000 CA San Mateo. to be performed in the respective geographical 7400 San Jose, CA 19.6 areas. The goals are applicable to each CA Santa Clara. nonexempt contractor's total onsite construc- 7485 Santa Cruz, CA 14.9 tion workforce, regardless of whether or not CA Santa Cruz. part of that workforce Is performing work on a 7500 Santa Rose, CA 9.1 Federal, federally assisted or nonfederally CA Sonoma. related project, contract or subcontract. 8720 Vallejo -Fairfield - Construction contractors which are partici- Napa, CA 17.1 pating in an approved Hometown Plan (see 41 CFR CA Napa; CA Solano 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construc- Non -SMSA Counties 23.2 tion work they perform In the area covered by CA Lake; CA Mendocino; the Hometown Plan. With regard to all their CA San Benito. other covered construction work, such contrac- tors are required to comply with the applicable SMSA or EA goal contalned herein. FR -24 •. • '177 Sacramento, CA: 7480 Santa Barbara -Santa Maria - Lompoc, CA 19.7. SMSA Counties: CA Santa Barbara. 6920 Sacramento, CA 16.1 Non -SMSA Counties 24.6 - CA Placer; CA Sacramento; CA Inyo;_CA Mono; CA Yolo. CA San Luis Obispo. Non -SMSA Counties 14.3 CA Butte; CA Colusa; 181 San Diego, CA: CA EI'Dorado; CA Glenn; CA Nevada; CA Sierra; SMSA Counties . CA Sutter; CA Yuba. 7320 San Diego, CA 16.9 CA San Diego. 178 Stockton -Modesto, CA: Non -SMSA Counties 18.2 . CA imperial. SMSA Counties: 5170 Modesto, CA 12.3 These goals are applicable to all the Con- , CA Stanisiaus. tractor's construction work (whether or not it 8120 Stockton, CA 24.3 Is Federal or federally assisted) performed in CA San Joaquin. the covered area. If the contractor performs Non -SMSA Counties 19.8 construction work In a geographical area CA Alpine; CA Amador; located .outside of the covered area, it shall CA Calaveras; CA Mariposa; apply the goals established for such geographl- CA Merced; CA Tuolumne. cal area where the work Is actually performed. With regard to this second area, the contractor 179 Fresno -Bakersfield, CA: also Is subject to the goals for both its federally Involved and nonfederally involved .SMSA Counties: construction. 0680 Bakersfield, CA 19.1 The Contractor's compliance with the. Execu- CA Kern. tive Order and the regulations In 41 CFR Part 2840 Fresno, CA 26.1 60-4 shall be based on its Implementation of CA Fresno. the Equal Opportunity Clause, specific afflr- Non-SMSA Counties 23.6 mative action obligations required by the CA Kings; CA Madera; specifications set Toth In 41 CFR 60-4.3(a), CA Tulare. and its efforts to meet the goals. The hours of minority and female employment and. training 180 Los Angeles, CA: must be substantially uniform throughout the length of the contract, and In each trade, and SMSA Counties: the contractor shallmake a good faith effort 0360 Anaheim -Santa Ana -Garden to employ minorities and women evenly on each Grove, CA 11.9 of its projects. The transfer of minority or CA Orange. female employees or trainees from Contractor to 4480 Los Angeles -Long _-F-Contractor or from project to project .for the Beach, CA - 28.3 sole purpose of meeting the Contractor's goals CA Los Angeles. shall be a violation of the contract, the Exe- 6000 Oxnard -Simi Valley- cutive Order and the regulations in 41 CFR Part Ventura, CA 21.5 60-4. Compliance with. the goals will be mea - CA Ventura. sured against the total work hours performed. 6780 Riverside -San Bernardlno- Ontario, CA 19.0 3. The Contractor shall provide written CA Riverside; notification to the Director of the Office of CA San Bernardino. Federal .Contract Compliance Programs within 10 I FR -25.. , t working days of award of any construction sub- contract in excess of 510,000 at any tier for construction work under the contract resulting frau this solicitation.. The notification shall list the name, address and telephone number of the subcontractor; employer identl- u flcatlon number of the subcontractor;' estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and ' the geographical area In which the subcontract Is to be'performed. • 6-1.07 STANDARD FEDERAL EQUAL E4PLO'i ENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used In these specifications: a. "Covered area" means the geographical area described In the solicitation from which this contract resulted. b.'"Director" means Director, Office of' Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (1i) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (111) Aslan and Pacific Islander (all persons having origins In any of the original peoples of the Far East, South- east Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affIlla tions through membership and participa- tion or community identification). ' ' 2. Whenever the Contractor, or any Sub- contractor at any tier, subcontracts a portion of the work involving any construction trade,'" It shall physically Include in each subcontract FR -26 in -excess of S10,000 the provisions of these speclflcations and the Notice which" contains ' the applicable goals for minority and female participation and which Is set' forth "in the solicitations from which this contract resulted. 3. If the Contractor is participating (pur- suant to 41 CFR 60-4.5)' in a Hometown Plan approved.by the U.S. Department of Labor in the covered area either Individually or through an association, Its affirmative action obliga- tions on all work in the Plan Area (including goals and timetables) shall be In accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to' demonstrate their' partici- pation in and compliance with the provisions of any such Hometown Plan.' Each Contractor or Subcontractor participating In an approved Plan Is Individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each'goal under the Plan in each trade In which It has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal In an approved Plan does not excuSe any covered Contractor's or Subcontractor's failure to take good faith 'efforts to achieve the Plan goals and timetables. 4. The Contractor, shall implement the specific affirmative action standards provided in paragraphs 7a through p of 'these specifications. The -goals set forth In the solicitation from which this contract resulted are expressed° as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve In each construction trade In which It has employees • �. in the covered area. • Covered construction contractors performing construction work In geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority end female goals established for the geographical area where -the work Is being performed. Goals are published periodically In the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract- Compl lance Programs office or from- Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress In meeting Its goals In each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collec- tive bargaining agreement, to refer either minorities or women shall excuse the Contrac- tor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted to meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made' a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affir- mative actions to ensure equal employment opportunity. The evaluations of the Contrac- tor's compliance with these specifications shall be based upon its effort to achieve maximum results from Its actions. The Contrac- tor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: O. Ensure and malntaln a working environ- ment tree of harassment, Intimidation, and coercion at all sites, end in all facilities at which the Contractor's employees are assigned to work. The Contractor, where FR -27 possible, will assign two or more women to each constructlon,project. The Contractor, shall specifically. ensure that all foremen, superintendents, and other onsite .super, visory personnel are aware of and carry out the Contractor's obligation to malntaln such a working environment, with specific atten- tion to minority or female individuals working at such sites or In such faclll- ties. . b. Establish and malntaln a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to. community organizations when the Contractor or ;Its unions have employment opportunities avail.- able, vail-able, and malntaln a record of the organi- zations' responses. c: Maintain a current file of the names, addresses and telephone numbers of each• minority and female off -the -street appli- cant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hir- ing hall for referral and was not referred back to the Contractor by the union or, If referred, not employed by the Contractor, this shall be documented In the file with the reason therefor, along with whatever additional actions the Contractor.may have taken.. d. Provide Immediate written notifica- tion to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet Its obli- gations. e. Develop on -the -Job training opportunitles and/or participate In training . programs for the area which expressly Include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of. Labor. The .Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation In assisting- the Contrac- tor in meeting Its EEO obligations; by Including It In any policy manual and collective bargaining agreement; • by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company. EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the com- pany's EEO policy and affirmative action obligations under these specifications. with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions Including specific review of these items with onsite supervisory personnel such as Superinten- dents, General Foremen, etc., prior to the Initiation of construction work at any Job site. A written record shall be made and maintained Identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by Including it in any advertising In the news media, specifically including minority and female news media," and providing written notification to and discussing the Contractor's EEO. policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female and FR -28 community organizations, to schools with minority and female students and to minority and -female recruitment and training organi- zations serving.the Contractors recruitment: t. area and employment needs. -Not later than one month prior to the date for the accep- tance of applications for apprenticeship or , other training by, any recruitment source, the Contractor shall send written notifica- tion to organizations such as the above, describing. the openings, screening .proce- dures, and •tests to be used In the selection .. process. . J. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, .provide after school,•summer and vacation employment to minority and female youth both on the site and in other areas. of "a Contractors. workforce. k. Validate all tests and other selection requirements where there is an obligation to . do so under 41 CFR Part 60-3. • 1. Conduct, at least annually, an , inventory and evaluation at least of all manorlty and female personnel for promo-....: tional opportunities and encourage these employees to seek or to prepare for, , through appropriate training, etc., such opportunities. _ m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discrim- inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and 'the Contractor's obligations under these specifications are being carried out. n; Ensure that .all facilities and com- pany activities are nonsegregated except that separate or single -user toilet and necessary- changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts • 4 , 4 from minority 'and female 'construction contractors and suppliers, including circu- lation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action oblige-- tlons. 8. Contractors are encouraged to partici- pate In voluntary associations, which assist In fulfilling one or more of their affirmative action obligations (7a through p). The "efforts of a contractor association, joint contractor-unlon, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one of more of its obligations under 7a through p of these Specifications provided• that the Contractor actively particpates In the group, makes every effort to assure that the group has a positive Impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, Is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a sepa- rate single goal for women have been estab- lished. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group Is employed In a substantially disparate manner (-for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order If a specific minority group of women is unaerutilized). 10•. The'Contractor shalf'not use the goals and timetables or affirmative'action standards to discriminate against any•person because of race, color, rellg(on, sex; or national origin. 11: The Contractor shat I hot.. enter into any subcontract with any person or firm debarred from Government contracts pursuant to' Executive Order 11246. 12. 'The 'Contractor --Shall carry 'out - sucft' sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, Including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and Its Implementing regu- lations, by the Office of Federal Contract Compliance programs. Any Contractor who falls td carryout such sanctions and penalties shall be In violation of these specifications and Executive Order 11246, as amended. - 13. The Contractor, In fulfilling Its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed In paragraph 7 of.these specifi- cations, so as to achieve maximum results from Its efforts to ensure equal employment oppor- tunity. If the Contractor falls to comply with the requirements of the Executive Order, the Implementing regulations, or these speci- fications, the Director shall proceed In accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy Is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least Include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee Identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, - helper, or laborer), dates of changes In status, hours worked per week In the Indicated trade, rate of pay,'and locations at which the work was performed. Records shall be f maintained in an retrievable form; existing records Contractors shall separate records. easily understandable and however, to the degree that satisfy this requirement, not be required to maintain 15. Pbthing herein provided shall be con- strued as a limitation upon the appllcatlon of other laws which establish different standards of compliance or upon the appllcatlon of_ requirements for the hiring of local or other area residents (e.g., those under the Publie FR -30 Works Employment Act of 1977 and the Community Development Block Grant Program). 16. In addition to the reporting requirements set forth elsewhere In .this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of S10,000 or more, shall submit for every month of July during which work is performed, employment data as contained, under Form PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions Included thereon. STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY Exhibit B GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 (213) 620-2400 Mr. Anthony Antich Director of Public Works City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Attention Deborah M. Murphy Dear Mr. Antich: January 5, 1987 7-LA-0-HmB MG -3041(270) Traffic Signal Modificiation Various Locations This is to confirm verbal notification given to Deborah M. Murphy of your staff on January 5, 1987, that we have approved the revised Consultant Agreement between the City of Hermosa Beach and Mohle, Grover & Associates, for the above -referenced project, as submitted, with your letter of December 23, 1986, and which we are returning to you per your request. Please send us a copy of the executed agreement. If you have any questions regarding the above, please contact Charles M. Mathews at (213) 620-2400. Sincerely, JCr- C. E. SEXEARER Chief Local Streets and Roads Branch Exhibit C DESIGN SCHEDULE PROJECT NAME : 74C- '& Z4L.im'42evE=� �.lr.S c,P5- /3/; 86---/3Z,•aS--,3,3 ACCOUNT NUMBER : 2$15--/34) ceS- / cr TASKS Prepare request for. proposals Advertise for proposals Consultant selection procedure Award contract Sign contract Issue "Notice to Proceed" Design Period Monitor and review design LEGEND , TENTATIVE SCHEDULE :imumismimmi ACTUAL SCHEDULE : X : 100% COMPLETE JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1 1 1 1 1 1 1 1 i■iii■ Final design approval before advertising for construction I ,r I 1 1 1 1 1 • - a (--0)c _sc) " •‘4, Mayor and Members of the City Council January 5, 1987 City Council Meeting January 13, 1987 ORDINANCE NO. 86-867 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19-1/2, ARTICLE II, SECTION 19 1/2-10 OF THE MUNICIPAL CODE, REGULATING THE USE OF LEAF BLOWERS. Submitted for waiver of further reading and adoption is Ordinance No. 86-867 relating to the above subject. At the regular meeting of December 16, 1986, this ordinance was introduced by the following vote; AYES: Cioffi, Rosenberger, Simpson, Williams, Mayor DeBellis NOES: None ABSENT: None ABSTAIN: None Concur: T • Kathleen Midstokke', Gregory'T.JMeyer, C.ty Manager City Cterk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 86-867 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 19 1/2 - NOISE REGULATION -, ARTICLE II, SECTION 19 1/2-10, OF THE HERMOSA BEACH MUNICIPAL CODE, REGULATING THE USE OF LEAFBLOWERS. WHEREAS, on November 25, 1986, City Council took action to regulate the use of leafblowers in the City of Hermosa Beach along the guidelines of the Southern California Gardeners'Federation, Inc. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 19 1/2-10 Machinery, equipment, fans, and air conditioning, Article II, Chapter 19 1/2 - Noise Regulation, of the Hermosa Beach Municipal Code shall be amended by adding the following paragraphs: "Leaf Blowers General: The intent of this ordinance is to regulate, not ban, the use of leafblowers. The use.of electrical or gasoline powered blowers, commonly known as leafblowers and used by gardeners and other persons, for cleaning yards, driveways, gutters, and curbs, etc., shall adhere to the following: (a) Time of Use: It shall be unlawful to use any motorized blower of the type commonly used for landscaping and known as a "leafblower" or "back pack blower" on Sundays and any City holiday. Leafblowers or back pack blowers may be used, but restricted to the following times: Not before 8:00 a.m. any day. 1 2 3 4 5 6 r 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Not before 9:00 a.m. on Saturdays. Not after 5:00 p.m. any day. (b) Noise: Leafblowers shall not be operated without a proper muffler. Blowers shall be operated at the lowest speed possible unless it is absolutely necessary to use a higher speed and then, only for short periods of time. •-(c) Dust and Debris: Blower operators shall observe the direction of the wind, location of open doors and windows, and when possible, use a mist attachment to minimize dust. (d) Broom Use: When possible, operator shall use a broom with the blower to avoid using the blowers at maximum speed. (e) Other Considerations: 1. Manually pick up debris blown into streets. 2. Sprinkle water before using a blower when possible. 3. Rake and pick up large waste matter. 4. Use only one (1) leaf blower per residence. • 5. Use blower nozzle extension." SECTION 2. This ordinance shall become effective and be in full force and operation from and after thirty days after its final passage and adoption. SECTION 3. 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. ///// ///// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this day of , 1987. ATTEST: PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California. APPROVED AS /TL5 FORM: CITY CLERK 3 ITY ATTORNEY Honorable Mayor and Members of the Hermosa Beach City Council January 6, 1987 City Council Meeting of January 13, 1987 MUNICIPAL CODE REVISION RE COUNCIL AGENDA PREPARATION RECOMMENDATION It is recommended that the City Council waive further reading and introduce the attached Ordinance thereby modifiying the deadline time for submission of agenda items to the City Manager. BACKGROUND Hermosa Beach Municipal Code provision 2-2.4 Agenda requires that —all reports, communications, ordinances, resolutions, contract documents, etc. be submitted not later than noon on the Thursday preceding the meeting. ANALYSIS The present requirements of the Council are for the Agenda and all supporting materials to be distributed to them on the evening of the Thursday preceding the meeting. The Thursday noon dead- line for submission of materials is therefore most inadequate. To meet review and publication deadlines it is therefore request- ed that this code provision be changed to a Tuesday at 10 a.m. deadline. As you know, effective January 1, 1987 there is a new State re- quirement that the Agenda be posted 72 hours in advance of the meeting. Based on that the current Code provision requiring that the Agenda be made available to the public was modified to read: 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). Greg ry7. t eN yer Cit Manager attachment cc: City Clerk Midstokke City Attorney Lough 2h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 u6;'""elA 5D ORDINANCE NO. 87- 7(c*I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 2-2.4 OF THE HERMOSA BEACH MUNICIPAL CODE MODIFYING DEADLINE TIME FOR SUBMISSION OF AGENDA ITEMS TO CITY MANAGER AND AGENDA POSTING REQUIREMENTS. WHEREAS, 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 later than 10:00 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. The City Clerk shall certify to the passage and adoption of this ordinance and shall within fifteen (15) days 1 1 2 3 4 5 6 7 8 9 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. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED A TO SRM: °1-\.(;11 12 j 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY CLERK CITY ATTORNEY •t § 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- 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. The agenda listing shall be made available to the public va,tsd 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- ing unless requested by a majority vote of the council present. (Ord. No. 411 N.S., § 2, 11-16-71) Supp. No. 9-'77 10.2 Law Offices of James P. Lough JAMES P. LOUGH January 7, 1987 CITY OF HERMOSA BEACH MEMORANDUM 1605 WEST OLYMPIC BLVD. SUITE 9018 LOS ANGELES, CALIFORNIA 90015 (213) 381-6131 REGULAR CITY COUNCIL MEETING OF JANUARY 13, 1987 TO: Members of the City Council co)\ FROM: James P. Lough, City Attorney (v u RE: Council Report on Moratorium Prohibiting the Separate Sale or Separation of Contiguous Lots When a Single Improvement Straddles the Dividing Property Line Pursuant to Ordinance No. 86-866 and Attached Resolution of Intention to Send the Matter to the Planning Commission Pursuant to Hermosa Beach Municipal Code Section 29.5-2. RECOMMENDATION: It is recommended that the City Council adopt this report as its report required, pursuant to the Government Code, when adopting interim ordinances. Additionally, it is recommended that the City Council adopt the attached resolution sending this matter to the Planning Commission for its advice and recommendation. This is the required report under the Government Code that the City Council must issue within 35 days of the adoption of its emergency moratorium. The report specifies what steps the City Council expects to take to correct the situation addressed in its moratorium. The moratorium in question is Ordinance No. 86-866 which prohibited the separate sale or separation of contiguous lots when a single improvement straddles a dividing property line. This ordinance, which is attached hereto, was designed to prevent people from selling"off or quit claiming properties to get around the lot merger requirements. The lot merger scheme adopted by the City allowed applicants to quit claim or deed away one parcel while keeping another parcel. This results in two separate parcels owned by two separate owners with a common dwelling unit straddling both lots. This creates many problems including ownership rights to the dwelling and potential health and safety impacts if neither owner wants to correct unsanitary or unsafe conditions. Most cities have in place an ordinance which prevents property from being owned or held separately when there is a dwelling unit straddling the contiguous property line. 13/SR0113C -1- The purpose of this report and the attached resolution is to have the Planning Commission study this matter to determine the best method by which the City could take the proper steps to prevent dwelling units from being owned by separate owners in this manner. The reason that the matter must be referred to the Planning Commission is that under Section 29.5-2 of the Hermosa Beach Municipal Code, the Planning Commission is designated as the advisory agency to the City Council "charged with the duty of making investigations and reports on the design and improve- ment of proposed divisions of land." The Council will then receive back a recommendation from the Planning Commission upon which it may act. It is also recommended that the City Council set for .public hearing an extension of the moratorium at its -January 27, 1987 City Council Meeting. The purpose',of this hearing would be to decide whether the moratorium should be extended so as to prevent sales and separations of property while the Planning Commission is hearing this matter. It is recommended that if the Planning Commission develops a satisfactory ordinance to prevent such sales or transfers, these will be the only steps needed to alleviate the situation to require the implementation of the emergency moratorium. Respectfully submitted, AMES P. LOUGH, City`Attorney CITY OF HERMOSA BEACH NOTED: GRE JPL/gp Enclosures ( VV4.94 EVER; City Manager 13/SR0113C -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 87- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EVIDENCING ITS INTENT TO SEND TO THE PLANNING COMMISSION A CHARGE TO HOLD A PUBLIC HEARING AND INVESTIGATE WHAT STEPS ARE NECESSARY TO ALLEVIATE PROBLEMS CAUSED BY THE SEPARATE SALE OR SEPARATION OF CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE AND TO MAKE RECOMMENDATIONS REGARDING THE IMPLEMENTATION OF AN ORDINANCE PROHIBITING THE SEPARATE SALE OR SEPARATION OF SUCH CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE. WHEREAS, the City Council of the City of Hermosa Beach has adopted an interim emergency ordinance prohibiting the separate sale or separation of contiguous lots when a single improvement straddles the dividing property line; WHEREAS, the City Council desires that a thorough study of the matter be made by the Planning Commission so as to recommend reasonable solutions to the problem of separate sale or separa- tion of contiguous lots when a single improvement straddles the dividing property line; WHEREAS, the serious nature of this problem requires imme- diate action by the Planning Commission which shall include the setting of public hearings to determine what type and whether any ordinances should be adopted pursuant to the California Government Code to prohibit the separate sale or separation of contiguous lots when a single improvement straddles the dividing property line; 13/RESO7 -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 WHEREAS, immediate action is required by the Planning Commission so that this matter may be returned to the City Council as soon as possible for resolution to protect the citi- zens of the City and to eliminate uncertainty in development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: Section 1. That the Planning Commission be charged to study and hold public hearings to determine whether or not an ordi- nance should be adopted to prohibit the separate sale or sepa- ration of contiguous lots when a single improvement straddles the dividing property line. Section 2. That the scope of the study shall include review of measures to alleviate problems caused by the separate sale or separation of contiguous lots when a single improvement strad- dles the dividing property line and to make recommendations regarding the implementation of an ordinance which would pro- hibit such divisions. Section 3. That a public hearing be set on this matter before the lslanning Commission as soon as the matter can be scheduled by the Planning Commission, so that citizens may be heard on this subject and give public testimony regarding the necessity of such an ordinance. Section 4. That the Planning Commission shall, no later than March 1, 1987, return this matter to the City Council with a report, including any proposed ordinances recommended by the Commission to the City Council, so that it may begin procedures to determine what steps, if any, should be implemented. /// 13/RESO7 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 5. That the City Clerk publish this resolution in the Easy Reader in the manner provided in Government Code Section 6061. PASSED, APPROVED AND ADOPTED ON THIS 13TH DAY OF JANUARY, 1987. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY • 13/RESO7 -3- PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 86-866 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-856, TO PROHIBIT THE SEPARATE SALE OR SEPARATION OF CONTIGUOUS LOTS WHEN A SINGLE IMPROVEMENT STRADDLES THE DIVIDING PROPERTY LINE. WHEREAS, Ordinance No. 86-856 establishes a moratorium on the issuance of demolition permits on lots on which at least one of the contiguous parcels held by the same owner does not conform to standards for minimum lot size; WHEREAS, development of such contiguous lots into separate developments causes increased density within the City of Hermosa Beach which creates an unreasonable burden of noise, water runoff, parking congestion, pollution and other environmental effects; WHEREAS, the sale or separation of individual, contiguous lots of nonconforming size usually results in further develop- ment which increases density and harms public welfare; WHEREAS; the failure of the City Council to act at this time to stop the separation or separate sale of individual, noncon- forming, contiguous lots owned by the same person or legal entity would allow the harm to continue while the City follows the procedures necessary to implement Ordinance No. 86-851; /// /// /// /// /// 12/ORD11 -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 WHEREAS, Section 65858 of the Government Code authorizes the adoption of an interm ordinance as an emergency measure which can act to prevent conflicts with a contemplated proposal that the City Council has adopted and which the Planning Department will be directed to implement; WHEREAS, the City Council has adopted an ordinance to implement lot merger procedures which has not yet taken effect and, in the interim, lots affected by the lot merger ordinance could be separately developed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 It is prohibited to separately sell or separate two or more nonconforming contiguous lots owned by the same person or legal entity that have an existing dwelling unit straddling their common property line. For property not owned by the same person or legal entity which has been conveyed in violation of this ordinance, no permits for the demolition, construation or addition to a dwelling unit shall be issued by the Hermosa Beach Building Department. Section 2 This ordinance shall take effect immediately upon adoption by a four-fifths (4/5) vote of the City Council of the City of Hermosa Beach. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3 That this ordinance be effective for a period of forty-five (45) days from todays date unless extended pursuant to the provision of California Government Code Section 65858. Section 4 That the City Council shall draft a report for presentation to the public at its first meeting in January. Such report shall state what steps are being taken by the City to correct the problems referenced in this ordinance and what steps are planned to be taken in the future to remedy the situation. Section 5 That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this 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 6 That thg City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, shall make minutes of the passage and adoption thereof in the records of the -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED ON THE 16TH DAY OF DECEMBER, 1986. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY • 12/ORD11 -4- PRESIDENT OF THE CITY COUNCIL AND MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA January.12, 1987 TO: Mayor Anthony DeBellis and Members of the Hermosa Beach City Council FROM: Hermosa Beach Management Association SUBJECT: Employer -Employee Organization Relations Resolution The Hermosa Beach Management Association does not endorse the proposed Employer -Employee Organization Relations resolution as drafted and respectfully requests that the city manager be directed to "meet and confer" with the association regarding contents of the document prior to final city council action. William Grove, President Hermosa Beach Management Assoc. CC: Hermosa Beach Management Assn. Gregory T. Meyer, City Manager SUPPLEMENTAL INFORMATION 1