HomeMy WebLinkAbout11/24/87"One has the right to be wrong in a democracy."
-Rep. Claude Pepper
AGENDA
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, November 24, 1987 - Council Chambers, City Hall
Regular Session - 7:30 p.m.
MAYOR
Etta Simpson
MAYOR PRO TEM
Jim Rosenberger
COUNCILMEMBERS
John A. Cioffi
Tony DeBellis
June Williams
INCOMING CITY COUNCIL
MAYOR
Etta Simpson
MAYOR PRO TEM
Jim Rosenberger
COUNCILMEMBERS
Roger Creighton
Chuck Sheldon
June Williams
CITY CLERK
Kathleen Midstokke
CITY TREASURER
Norma Goldbach
INTERIM CITY MANAGER
Gayle T. Martin
CITY ATTORNEY
James P. Lough
CITY CLERK
Kathleen Midstokke
CITY TREASURER
Gary L. Brutsch
INTERIM CITY MANAGER
Gayle T. Martin
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:
RESOLUTION: Canvass of Votes, Consolidated General Municipal
Election November 3, 1987
PRESENTATIONS TO OUTGOING ELECTED OFFICIALS
OATH OP OFFICE - CERTIFICATE OF ELECTION
STATEMENTS BY NEW COUNCILMEMBERS
PROCLAMATIONS: 1987 Family. Week, November 22 - 28, 1987.
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CITIZEN COMMENTS
Citizens wishing to address the City Council on any items on the
Consent Calendar 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 under Agenda Item 3.)
(a) Approval of Minutes: Regular meeting of the City Coun-
cil held on November 10, 1987.
Recommended Action: To approve minutes.
(b) Demands and Warrants: November 24, 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 Interim
City Manager Gayle T. Martin dated November 18, 1987.
Recommended Action: To receive and file.
(e) Building and Safety Department Monthly Activity Report:
October, 1987.
Recommended Action: To receive and file.
(f) Community Resources Department Monthly Activity Report:
October, 1987.
Recommended Action: To receive and file.
(g) Finance Department Monthly Activity Report: October,
1987.
Recommended Action: To receive and file.
(h) Fire Department Monthly Activity Report: October, 1987.
(i)
Recommended Action: To receive and file.
General Services Department --Monthly Activity Report:
October, 1987.. . _ : .. _-
Recommended
-Recommended Action: To -receive and file.
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(j) Personnel Department Monthly Activity Report: October,
1987.
Recommended Action: To receive and file.
(k) Planning Department Monthly Activity Report: October,
1987.
Recommended Action: To receive and file.
(1) Police Department Monthly Activity Report: October,
1987.
Recommended Action: To receive and file.
(m) Public Works Department Monthly Activity Report: Oc-
tober, 1987.
Recommended Action: To receive and file.
(n) Monthly Revenue Report. October, 1987.
Recommended Action: To receive and file.
(o) Monthly Expenditure Report: October, 1987.
Recommended Action: To receive and file.
(p) City Treasurer's Report: October, 1987.
Recommended Action: To receive and file.
(q) Claims for Damages:
1) William Allan Geach, 3311 Keystone No. 1, Los An-
geles, 90034, filed November 3, 1987.
2) Ron Bone, 610 Loma Drive, Hermosa Beach, filed Novem-
ber 4, 1987.
(r)
(s)
Recommended Action: To deny claims and refer to the
City's claims administrator.
Amendment to the Memorandum of Agreement for Liability
Claims Administration Services. Memorandum from Person-
nel Administrator Robert Blackwood dated November 17,
1987.
Recommended Action: To approve the amendment to the
liability claims administration contract and authorize
the Mayor to sign.
Approval of supplemental to the Management Employees'
Bargaining Unit M.O.U. modifying that unit to include
the classifications of Public -Safety Director and
Personnel-Risk-Management-.Dir-ector, and approval of the
class specification for Personnel -Risk Management Direc-
tor. Memorandum from Personnel Administrator Robert
Blackwood dated November 16, 1987.
Recommended Action: To authorize the City Manager to
sign the supplemental to the Management Employees' Bar-
gaining Unit M.O.U. and approve the class specification
for Personnel -Risk Management Director.
Child Abuse Monthly Report. Memorandum from Community
Resources Director Alana Mastrian dated November 15,
1987.
Recommended Action: To receive and file.
Repeal of Hermosa Beach City Code Section 2-8, Residency
requirement for City Manager. Memorandum from City At-
torney James P. Lough dated November 12, 1987.
Recommended Action: That the City Council repeal the
above -referenced City Code section as it has come to our
attention that an ordinance of this type is prohibited
by the California Constitution and the Government Code.
Additional appropriation of funds for legal services.
Memorandum from Finance Administrator Viki Copeland dat-
ed November 18, 1987.
Recommended Action: To appropriate $185,000 from
General Fund Reserve for Contingencies to City Attorney
Contract Services Account for estimated legal fees
through June 30, 1988. (All legal fees are paid from
this account, not just City Attorney.)
Approval of the exchange of Community Development Block
Grant Funds. Memorandum from Assistant City Manager
Alana Mastrian dated November 17, 1987.
Recommended Action: To approve the agreement and
resolution approving the exchange of the City's CDBG
Funds to the City of West Hollywood and authorize Mayor
to sign said documents on behalf of the City.
Trucks on Eighth Street. Memorandum from City Attorney
James P. Lough dated November 18, 1987.
Recommended Action: Staff research an appropriate al-
ternative to usage of Eighth Street and the City Council
then adopt an acceptable truck route for everyone
concerned.
Authorization to re -bid Pier Grounding Repairs (CIP 85-
203). Memorandum from Public Works Director Anthony
Antich dated November 16, 1987.
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Recommended Action: To authorize staff to readvertise
for bids for the pier grounding repairs (CIP 85-203) and
issue addenda as necessary.
(z) Recommendation to authorize lease of copy machines.
Memorandum from Pu c Safety Director Steve Wisniewski
dated November ,7.
Recommende ®®' Y Vn
d ►1c�tion: To author It v. �
lease of copy ma-
chines from the Xerox Corporat.':' for an approximate
amount of $1,491.79 per month, amount to be paid from
the same accounts that they are now drawn from.
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Citizens wishing to address the City Council on any item listed
under Consent Ordinances and Resolutions may do so at this time.
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MOTION TO WAIVE FURTHER READING:
After the City Clerk has read the title to any resolution or or-
dinance on tonight's agenda, the further reading thereof be
waived, reserving and guaranteeing to each Councilmember the
right to demand the reading of any such resolution or ordinance
in regular order.
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2. ORDINANCES AND RESOLUTIONS
Aa) ORDINANCE NO. 87-908 - AN ORDINANCE OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA, ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS. For adoption.
4:1) A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA
DECLARING SUPPORT FOR ESTABLISHMENT OF A SERVICE AU-
THORITY FOR FREEWAY EMERGENCIES. For adoption. Memo-
randum from Public Safety Director Steve Wisniewski dat-
ed November 17, 1987.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION.
4. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
(a)
(b)
Letter from Anthony L. Rose, P. O. Box 488, Hermosa
Beach, dated November 4, 1987 re. comments on election
results. (Continued from November 10, 1987 meeting.)
Recommended Action: To receive and file.
Letter from Diane L. Greenwald, 32 Tenth Street, Hermosa
Beach, dated October. 31,-1987 re. parking at Hermosa
Valley'School. -
Recommended Action: -_To_refer to staff for a report back
on feasibility of allowing la minute parking on west
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side of Valley Drive adjacent to 1645 Valley Drive
during school hours.
(c) Letter from Roger D. Creighton, 1070 Third Street, Her-
mosa Beach, dated November 13, 1987 re. City personal-
ized stationery.
Recommended Action: Council to make a policy decision
re. continuation of such expenditure.
PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M.
V/f5. AMENDMENT TO INTERIM ORDINANCES ESTABLISHING MORATORIUMS
ON THE ISSUANCE OF BUILDING PERMITS IN INCONSISTENT
AREAS. Memorandum from City Attorney James P. Lough
dated November 16, 1987.
16. TEXT AMENDMENT TO ZONING ORDINANCE TO ADD "MINI -STORAGE,
PERSONAL" AND "CARETAKER UNIT, CUP REQUIRED" TO M -ZONE
PERMITTED USE LIST. Memorandum from Planning Director
Michael Schubach dated November 16, 1987.
J7.
TEXT AMENDMENT TO ZONING ORDINANCE TO PERMIT RECYCLING
CENTERS IN VARIOUS ZONES WITH CUP'S REQUIRED FOR CERTAIN
FACILITIES. Memorandum from Planning Director Michael
Schubach dated November 16, 1987.
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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.
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MUNICIPAL MATTERS
8. THE ESTABLISHMENT OF A BLUE RIBBON COMMITTEE FOR THE
PURPOSE OF RESEARCHING AND OBTAINING FUNDING FOR THE
PURCHASE OF THE RAILROAD RIGHT OF WAY. Memorandum from
Community Resources Director Alana Mastrian dated Novem-
ber 4, 1987. (Continued from 11/10/87 meeting.)
Recommended Action: To approve and/or modify Attachment
A which reflects the method for establishing an Open
Space Blue Ribbon Committee.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) Consideration of holding but one regular meeting during
December. Memorandum from Interim City Manager Gayle T.
Martin dated November 5, 1987. (Continued from 11/10/87
meeting.)
Recommended Action: To_ -schedule one meeting for Decem-
ber on December. 5 r 16,11987 at 7:30 p.m. with a
closed session a` . 6 p-. m.. . _
(b)
Establishment of a residential source separation (recy-
cling) program for the City of Hermosa Beach. Memoran-
dum from Interim City Manager Gayle T. Martin dated
November 19, 1987.
Recommended Action: 1) Instruct staff to determine what
can be worked out with City of Redondo Beach toward cre-
ation of a joint powers agreement providing for joint
use of the Redondo Beach Recycling Center; and 2) hold
in abeyance any further action toward the establishment
of a residential source separation program until the
full extent of other potential programs such as compost-
ing and commercial waste recovery are proposed by the
County Sanitation Districts.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
(a) City Council Reorganization - November 1987
(b)
Recommended Action: To make various council committee
appointments.
Instructions to City Selection Committee Delegate to
vote for appointment of a member of the South Coast Air
Quality Management District Board. Memorandum from
Interim C t_y Ma -nag -r e Ca-y-1-T_dated November 19,
1987.
Recommended Action: To 1) select one of the nominated
candidates for election to the SCAQMD Board; and 2) in-
struct delegate to vote for the selected candidate.
11. OTHER MATTERS - CITY COUNCIL
(a) Vacancies - Boards and Commissions
Planning Commission - One vacancy for term
ending June 30, 1988.
Recommended Action: To appoint a new commissioner for
this unexpired term from applications received.
Requests from Councilmembers for possible future agenda items:
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 TO CLOSED SESSION FOR DISCUSSION OF MATTERS OF PER-
SONNEL AND LITIGATION, (UNDER GOVERNMENT CODE SECTION 54956.9)
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 City 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 has 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 considsered 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 and brings items to the attention
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
o -f 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.
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.
PRESENTATIONS TQ OUTGOING ELECTED OFFICIALS: REVISED
A. LEAH JEFFRIES (SUPERVISOR DANA'S OFFICE) COMES TO THE
PODIUM AND MAKES PRESENTATIONS TO ALL 3 OUTGOING
OFFICIALS;
B. EDIE WEBBER (ASSEMBLYMAN FELANDO'S OFFICE) COMES TO THE
PODIUM AND MAKES PRESENTATIONS TO ALL 3 OUTGOING
OFFICIALS;
C. REPRESENTATIVE FOR SENATOR BEVERLY COMES TO THE PODIUM
AND MAKES PRESENTATIONS TO ALL 3 OUTGOING OFFICIALS;
NOTE: IN ALL ABOVE CASES WILLIAMS WILL ACCEPT FOR GOLDBACH
D. CIOFFI MAYOR SIMPSON GIVES PROCLAMATION AND MAYOR PRO
TEM ROSENBERGER GIVES TILE PLAQUE TO CIOFFI
CIOFFI RESPONDS
MAYOR SIMPSON GIVES FLOWERS TO MARYMAE
E. DEBELLIS MAYOR SIMPSON GIVES PROCLAMATION AND MAYOR
PRO TEM ROSENBERGER GIVES TILE PLAQUE
TO DEBELLIS
DEBELLIS RESPONDS
SIMPSON GIVES FLOWERS TO MELANIE
F. GOLDBACH OUT OF TOWN, WILL NOT BE PRESENT. COUNCIL -
MEMBER WILLIAMS RECEIVES ON BEHALF
OF GOLDBACH.
G. ALL OUTGOING OFFICIALS DEPART THE DAIS.
OATH OF OFFICE - CERTIFICATE OF ELECTION
A. CITY CLERK ARRANGES NAME PLATES APPROPRIATELY:
CREIGHTON-WILLIAMS-SIMPSON-ROSENBERGER-SHELDON
AT THE PUBLIC PODIUM:
B. OATH OF OFFICE TO CITY CLERK MIDSTOKKE BY DEPUTY CITY
CLERK PEEK;
C. OATH OF OFFICE TO CREIGHTON WHO THEN JOINS COUNCIL ON
THE DAIS;
D. OATH OF OFFICE TO SHELDON WHO THEN JOINS COUNCIL ON THE
DAIS;
E. OATH OF OFFICE TO TREASURER BRUTSCH
ON THE DAIS
F. MAYOR SIMPSON REMARKS
F. CREIGHTON REMARKS
G. SHELDON REMARKS
AT THE PODIUM
H. BRUTSCH REMARKS
BRIEF RECESS
CITY OF HERMOSA BEACH
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: William Grove, Director of Building and Safety
RE: Projects with inconsistent zoning/general plan designation
DATE: November 24, 1987
For your information in considering amendments to Ordinances No.
87-873 and 87-881 there are currently ten (10) projects in the
plan check process which would be affected by the proposed
amendments.
SUPPLEMENTAL
INFORMATION
PRESENTATIONS TO OUTGOING ELECTED OFFICIALS:
, A. LEAH JEFFRIES (SUPERVISOR DANA'S OFFICE) COMES TO THE
PODIUM AND MAKES PRESENTATIONS TO ALL 3 OUTGOING
OFFICIALS;
B. EDIE WEBBER (ASSEMBLYMAN FELANDO'S OFFICE) COMES TO THE
PODIUM AND MAKES PRESENTATIONS TO ALL 3 OUTGOING
OFFICIALS;
C. REPRESENTATIVE FOR SENATOR BEVERLY COMES TO THE PODIUM
AND MAKES PRESENTATIONS TO ALL 3 OUTGOING OFFICIALS;
NOTE: IN ALL ABOVE CASES WILLIAMS WILL ACCEPT FOR GOLDBACH
D. CIOFFI MAYOR SIMPSON GIVES PROCLAMATION AND MAYOR PRO
TEM ROSENBERGER GIVES TILE PLAQUE TO CIOFFI
CIOFFI RESPONDS
MAYOR SIMPSON GIVES FLOWERS TO MARYMAE
E. DEBELLIS MAYOR SIMPSON GIVES PROCLAMATION AND MAYOR
PRO TEM ROSENBERGER GIVES TILE PLAQUE
TO DEBELLIS
DEBELLIS RESPONDS
ER GIVES FLOWERS TO MELANIE
F. GOLDBACH OUT OF TOWN, WILL NOT BE PRESENT. COUNCIL -
MEMBER WILLIAMS RECEIVES ON BEHALF
OF GOLDBACH.
G. ALL OUTGOING OFFICIALS DEPART THE DAIS.
OATH OF OFFICE - CERTIFICATE OF ELECTION
A. CITY CLERK ARRANGES NAME PLATES APPROPRIATELY:
CREIGHTON-WILLIAMS-SIMPSON-ROSENBERGER-SHELDON
AT THE PUBLIC PODIUM:
B. OATH OF OFFICE TO CITY CLERK MIDSTOKKE BY DEPUTY CITY
CLERK PEEK;
C. OATH OF OFFICE TO CREIGHTON WHO THEN JOINS COUNCIL ON
THE DAIS;
D. OATH OF OFFICE TO SHELDON WHO THEN JOINS COUNCIL ON THE
DAIS;
E. OATH OF OFFICE TO TREASURER BRUTSCH
ON THE DAIS
F. MAYOR SIMPSON REMARKS
F. CREIGHTON REMARKS
G. SHELDON REMARKS
AT THE PODIUM
H. BRUTSCH REMARKS
BRIEF RECESS
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November 19, 1987
City Council Meeting
November 24, 1987
Mayor and Members
of the City Council
OFFICIAL CANVASS - GENERAL MUNICIPAL
ELECTION - NOVEMBER 3, 1987
RECOMMENDATION
It is recommended that the City Council adopt the attached
resolution 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 GENERAL MUNICIPnL ELECTION HELD IN THE CITY
ON NOVEMBER 3, 1987, DECLARING THE RESULT AND SUCH OTHER MATTERS
AS PROVIDED BY THE PROVISIONS OF LAW", which includes the Los
Angeles County's Certificate of Canvass.
The results of the canvass are as shown on "Exhibit A" of the
attached resolution.
Respectfully submitted,
THLEEN MIDSTOKKE
City Clerk
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RESOLUTION NO. 87-5088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION
HELD IN THE CITY ON NOVEMBER 3, 1987, DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW.
WHEREAS, a General Municipal Election was held and conducted
in the City of Hermosa Beach, California, on Tuesday, November 3,
1987, as required by law; and
WHEREAS, notice of the election was duly and regularly given
in time, form and manner as provided by law; that voting pre-
cincts were property established; that election officers were
appointed and that in all respects the election was held and
conducted and the votes were cast, received and canvassed and the
returns made and declared in time, form and manner as required
by the provisions of the Elections Code of the State of Cali-
fornia for the holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 87-5048 adopted on
June 23, 1987, the Registrar -Recorder, County of Los Angeles,
canvassed the returns of the election and has certified the
results to this City Council, the results are received, attached
and made a part hereof as Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were nine (9) voting precincts
established for the purpose of holding said election consisting
of the regular election precincts in said City as established
for holding of State and County elections.
SECTION 2. That at the General Municipal Election, the
following candidates and measures were submitted to the electors
of said City, to wit:
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That the names of persons voted for at the election for
Member of the City Council of the City are as follows:
Roger Creighton Tony DeBellis
Chuck Sheldon Mike Neiman
That the name of the person voted for at the election for
City Clerk of the City is as follows:
Kathleen Midstokke
That the names of the persons voted for at the election for
City Treasurer of the City are as follows:
Gary L. Brutsch Sandra Hughes
Elaine Doerfling
That the measures voted upon at the election are as follows:
J MANDATING THE PURCHASE AND INSTITUTION OF THE MEANS OF
PURCHASE OF THE A.T.&S.F. RAILROAD RIGHT OF WAY
Shall Ordinance No. 87-895, an ordinance of the City of
Hermosa Beach submitted to the voters by the City Council, be
adopted which mandates the purchase and institution of the
means of purchase of the property commonly known as the
A.T.&S.F. Santa Fe Railroad Right of Way for parkland and
open space?
K CHANGING THE UTILITY USERS TAX FROM SIX PERCENT (6%) TO TEN
PERCENT (10%)
Shall Ordinance No. 87-896, an ordinance of the City of
Hermosa Beach submitted to the voters by the City Council, be
adopted which changes the rate of utilities tax from six
percent (6%) to ten percent (10%)?
L MANDATING THAT ALL FUNDS THE CITY DERIVES FROM HYDROCARBON
RECOVERY GO INTO THE PARK AND RECREATION FACILITIES FUND
Shall Ordinance No. 87-897, an ordinance of the City of
Hermosa Beach submitted to the voters by the City Council, be
adopted amending Ordinance No. 84-758 by mandating that all
funds the City derives from hydrocarbon recovery go into the
Park and Recreation Facilities Fund no matter where the wells
are bottomed, except up to the first $500.00 of Business
License fees and any funds regulated by the State Lands
Commission?
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M MAXIMUM HEIGHT LIMITS IN THE COMMERCIAL AND
1 RESIDENTIAL/PROFESSIONAL ZONES
2 Shall Ordinance No. 87-894, an ordinance of the City of
Hermosa Beach submitted to the voters by the City Council, be
3 adopted which requires a vote of the people to raise the
maximum height limit for the C-1, C-2, C-3, and
4 residential/professional zones?
5 N GROSS RECEIPTS TAX FOR MOTION PICTURE THEATERS
6 Shall Ordinance No. 87-893, an ordinance of the City of
Hermosa Beach submitted to the voters by the City Council, be
7 adopted which establishes a gross receipts tax for motion
picture theaters?
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SECTION 3. That the whole number of ballots cast in the City
except absent voter ballots was 3,171. That the whole number of
absent voter ballots cast in the City was 382, making a total of
3,553 ballots cast.
SECTION 4. That the number of votes given at each precinct
and the number of votes given in the City for and against each of
such measures were as listed in "Exhibit A" attached.
SECTION 5. The City Council does declare and determine that
as a results of said election, a majority of the qualified voters
voting on such candidates and measures did determine as follows:
Roger Creighton was elected as Member of the City Council for
a term of four (4) years;
Chuck Sheldon was elected as Member of the City Council for a
term of four (4) years;
Kathleen_Midstokke was elected as City Clerk for a term of
four (4) years;
Gary L. Brutsch was elected as City Treasurer for a term of
four (4) years;
J - PURCHASE OF THE A.T.&S.F. RAILROAD RIGHT OF WAY
That said measure was carried.
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K - CHANGING UTILITY USERS TAX FROM 6% TO 10%
That said measure was carried.
L - HYDROCARBON RECOVERY FUNDS TO PARKS AND RECREATION FUND
That said measure was carried.
M - MAXIMUM HEIGHT LIMITS - COMMERCIAL AND R/P ZONES
That said measure was carried.
N - GROSS RECEIPTS TAX FOR MOTION PICTURE THEATERS
That said measure was carried.
SECTION 6. The City Clerk shall immediately make and deliver
to each of such persons so elected a Certificate of Election
signed by the City Clerk and duly authenticated; that the City
Clerk shall also administer to each person elected the Oath of
Office prescribed in the State Constitution of the State of
California and shall have them subscribe to it and file it in
the Office of the City Clerk. Each and all of the persons so
elected shall then be inducted into the respective office to
which they have been elected.
SECTION 7. That the City Clerk shall certify to the passage
and adoption of this Resolution and shall enter the same in the
Book of original Resolutions of said City.
PASSED, APPROVED AND ADOPTED ON the 24th day of November,
1987.
PRESIDENT of the City Council, and
MAYOR of the City of Hermosa Beach
ATTEST: APPROVED AS TO FORM:
KATHLEEM MIDSTOKKE, City Clerk JAMES P. LOUGH, City Attorney
4
REGISTRAR -RECORDER COUNTY OF LOS ANGELES
5557 FERGUSON DRIVE - P.O. BOX 30450, LOS ANGELES, CALIFORNIA 90030 / (213) 725.5805
CHARLES WEISSBURD
HE G IS1 RG.R RE CCiF.[!E R
November 16, 1987
Ms. Kathleen Midstokke, City Clerk
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Dear Ms. Midstokke:
Enclosed is the official Canvass Certificate and the official Statement
of Votes Cast by precinct for the Hermosa Beach City General Municipal
Election held on November 3, 1987.
Please call the Elections Administration Section at (213) 725-5805, if
you have any questions.
Very truly yours,
CHARLES WEISSBURD
Registrar -Recorder
Enclosure
EXHIBIT "A"
STATE OF CALIFORNIA, )
ss.
COUNTY OF LOS ANGELES. )
I, CHARLES WEISSBURD, Registrar -Recorder of the County
of Los Angeles, State of California, do hereby certify that the
attached is a true and correct Canvass of the Votes Cast for all
candidates for the two offices of Member of the City Council, the
office of City Clerk and the office of City Treasurer at the
Hermosa Beach City General Municipal Election held on November 3,
1987.
I further certify that the total Ballots cast at the
Hermosa Beach City General Municipal Election are as follows:
PRECINCT
BALLOTS CAST
3,171
ABSENTEE TOTAL
BALLOTS CAST BALLOTS CAST
382 3,553
I further certify that the total votes cast for the two
offices of Member of the City Council are as follows:
MEMBER OF THE PRECINCT ABSENTEE TOTAL
CITY COUNCIL VOTE VOTE VOTE
TONY DeBELLIS 1,353 165 1,518
MICHAEL NEIMAN 1,019 141 1,160
CHUCK SHELDON 1,437 155 1,592
ROGER D. CREIGHTON 1.528 184 1,712
I further certify that the total votes cast for the office of
City Clerk are as follows:
CITY CLERK
KATHLEEN MIDSTOKKE
PRECINCT ABSENTEE TOTAL
VOTE VOTE VOTE
2,181 241 2,422
(Continued on next page)
PRECINCT ABSENTEE TOTAL
PROPOSITION M VOTE VOTE VOTE
YES 2,482 313 2,795
NO 549 51 600
PROPOSITION N
YES
NO
2,028
248 2,276
949 113 1,062
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this 16th day of November, 1987.
CHARLES WEISSBURD
Registrar -Recorder
County of Los Angeles
COUNTY OF LDS ANGELES
CONSOLIDATED ELECTIONS
NOVEMBER 3, 1967 PAGE 67.1
OFFICIAL
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HERMOSA BEACH 27500014
HERMOSA BEACH 27500034
HERMOSA BEACH 27500084
'HERMOSA BEACH 27500104
HERMDSA'BEACH 27500114
?HERMOSA BEACH, 2750015A
HERMSOSA. BEACH 2750016A
HERMOSA BEACH 27500184
HERMOSA BEACH 27500304
PRECINCT VOTE
ABSENTEE VOTE
GRAND TOTAL VOTE
386 201. 93 211; 167,
445 212 129 239 200
274 99 115 10C 114
476177 1811 '185 2531
241 921 108 .-104 112
-350 130 '98'1311 198
286 122 78 117, 141'
330 134 113 139 172
383 186 104 205 165
1 I
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j 1019 1528
382 165 155
i 141 184
3553 1518 ! 1592
I i 1166 1712
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253 58 110 190
320 ! 93 142 166
186 I 69 71; 88
332 I ` 102 138 181;
166 1 4E? 72 84
232. .60 95 138,
198 55 87, 104
234 51 121: 124
260 61 131 138
971:.
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3 1
COUNTY DF LOS ANGELES
CONSOLIDATED ELECTIONS
NOVEMBER 3, 1987 PAGE 67.2
0PF'ICIA_
BALLOTS CAST
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ABSENTEE VOTE
HERMOSA:BEACH
HERMOSA BEACH
ABSENTEE VOTE
EL CAMINO COMMLNITY CO
EL CAMINO :COMM.NIT1` CO
ABSENTEE VOTE
SOUTH BAY UNION HIGH
31711353 j 1437
1018
382 165 I
• I 184
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I 1 1437, 1
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126 i
241, 72 ' 135 1
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241 72 ' 125
2181
971
597. 1213
STATE OF CALIFORNIA,
ss.
COUNTY OF LOS ANGELES.
I, CHARLES WEISSBURD, Registrar -Recorder of the County
of Los Angeles, State of California, do hereby certify that the
attached is a true and correct Canvass of the Votes Cast For and
Against Propositions J, K, L, M and N at the Hermosa Beach City
Special Municipal Electron held on November 3, 1987.
1 further certify that the total Ballots cast at the
Hermosa Beach City Special Municipal Election Election are as
follows:
PRECINCT
BALLOTS CAST
3,171
ABSENTEE TOTAL
BALLOTS CAST BALLOTS CAST
382 3,553
I further certify that the total votes cast For and
Against Propositions J, K, L, M and N are as follows:
PRECINCT ABSENTEE TOTAL
PROPOSITION J VOTE VOTE VOTE
YES 2,795 320 3,115
NO 305 51 356
PROPOSITION K
YES 1,650
NO 1,412
PROPOSITION L
YES 2,710
NO 355
(Continued on next page)
165
196
294
63
1,815
1,608
3,004
418
PRECINCT ABSENTEE TOTAL
CITY TREASURER VOTE VOTE VOTE
SANDRA I. HUGHES 597 72 669
ELAINE C. DOERFLING 971 126 1,097
GARY L. BRUTSCH 1,213 135 1,348
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this 16th day of November, 1987.
ho.aA\
CHARLES WEISSBURD
Registrar -Recorder
County of Los Angeles
CO1JITY OF LDS ANGELES
CONSDLIDATED ELECTIONS
NDVEMEER 3, 1987 PAGE 67.1
OFFICIA..
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HERMOSA BEACH 27500154
HERMOSA BEACH 27500164
HERF4JS4 BEACH 27500184
HERMOSA BEACH 27500334
PRECINCT VOTE
ABSENTEE VOTE
GRAND TOTAL VOTE
388 339 40 201 171
445 405 30259 173
274 239 30, 1 133 133
476 41d 59 227 234
1
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350 .310 32 ' 195 1411
266 244 34 141 137
330 284 40 143 176
383 346 24 223 146
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376 5 353 75 95
! 282. 141
235 31 i 210 51. 162 92
401 t0 i 9571 282 172
215 18 19fl 36 3 150 78
302 34 282 9
49 i 234 '85
253 23 . 217 53 . 191 79
281 44 258 62 224 86
328 38 313 51. 277, 79
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355 1 2482 I 945
294 i 51 : 246
63 313 i 113
330 600 2276
18 2795 ; 1062
COUNT\ OF LOS ANGELES
CONSOLIDATED ELECTIONS
NOVEMBER 3, 1967 PAGE 87.2
OFFICIAL
BALLOTS CAST
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ABSENTEE VOTE
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November 17, 1987
Honorable Mayor and Members of City Council Meeting
the Hermosa Beach City Council of November 24, 1987
THIRD YEAR RENEWAL TO THE AGREEMENT FOR LIABILITY CLAIMS
ADMINISTRATION SERVICES
RECOMMENDED ACTION:
It is recommended that the City Council approve the attached con-
tract for Liability Claims Administration services and authorize
the Mayor to execute the contract.
BACKGROUND:
On December 16, 1985 the City Council contracted with Emett &
Chandler Self Insurance Services, Inc. for services related to
the administration of the City's Liability Insurance program.
The original contract was amended on April 15, 1986, to
acknowledge the contractors name change to Jardine Claims Manage-
ment, Inc. and on December 18, 1986 to increase the second years
renumeration. Also as part of the December 18th amendment, con-
tract language was included to limit any future increases to a
maximum of 157 above the prior years renumeration.
On November 13, 1987 staff entered into negotiations with the
claims administrator in order to arrive at the terms of continu-
ing the contract. From these negotiations the following was
agreed to for submittal to the Council for consideration:
1. Remuneration for the third year of the contract to be an
annual rate of $17,520 (13.037 increase).
2. The length of the contract to be 18 months in order to
have this contract run consecutively with the contract for Work-
ers' Compensation Administration Services. Total remuneration
for the 18.5 months to be $27,010 based on the annual fee of
$17,520.
3. No limit to number of claims handled (previous fee of
S15,500 was based upon a maximum of 45 claims with a S350/claim
charge for all claims in excess of 45).
ANALYSIS:
Since the amendment to the contract in 1986, the firm has again
changed its name. Jardine Claims Management, Inc. was purchased
by Self Insurers Service (S.I.S.). Self Insurers Service has
requested that their standard contract form be utilized for this
renewal as opposed to amending the original contract. The terms
of the contract remain the same as expressed in the original
form.
lC
The original renewal proposal by S.I.S. (attached) requested a
29% to $20,000 per annum increase based upon an internal survey
of time allocation demands and overheadatributable to servicing
the City's account. Also the initial proposal suggested a 6.5
month contract in order to align this contract to run concurrent-
ly with the workers' comp. contract.
The agreed upon recommendation to the Council is within the con-
tract specified allowed increase and provides the City with pro-
fessional liability claims administration services for the next
18 months.
Respectfully submi
Robert A. Blackwood
Personnel Administrator
Noted for fiscal impact:
Viki Copeland
Finance Administrator
Concur:
•
Gayle T. Martin
Interim City Manager
SELF 2NSU s
SERMC
CLAIM SERVICE AGREEMENT #
This Agreement entered into this day of ,
19 by and between City of Hermosa Beach, hereafter called the
Client, and Self -Insurers Service, Inc., (S.I.S.) hereafter
called the Service Agent, for the administration of a self-
insured liability claims program in the State of California.
SECTION I: Service Agent
The Service Agent shall provide the following services to the
Client:
1. Investigate, adjust and otherwise administer all of
the above referenced claims during the period of this
contract. -
2. Determine the compensability, if any, the settlement
thereof and pay all claims, with funds provided by the
Client.
3. Prepare and file all claim reports in accordance with
the established procedures and state guidelines.
4. Maintain a separate claim file on each reported
claim.
5. Provide computerized monthly loss reports disclosing
pertinent claims data as well as a copy of each check
issued.
6. Coordinate all litigation activity with selected
outside legal counsel.
7. Establish appropriate reserves for each file.
8. Advise the excess carrier of claims which ma -y pene-
trate the self-insured retention and/or coverages
provided by the excess insurance company.
9. Keep the Client informed of major claim changes.
SECTION I I : Client
The Client agrees to:
1. Provide adequate funds from which to pay all claims
and allocated expenses, and the timely replenishment
of- same._- -
- 2JAMB3
(dsmw/9A25)
2. Provide up to date information on all excess insur-
ance.
3. Cooperate fully in the disposition of all claims.
4. Establish a settlement authority of $1,500 per
claim.
5. Report on a timely basis all claims, incidents, claim
reports and all other claim correspondence.
6. Promptly pay the Service Agent's fee.
SECTION III: General Conditions
The Client agrees that it will indemnify and hold harmless the
Service Agent and its directors, officers, employees, parents,
subsidiaries and affiliates from and against any and all
claims, loss, liability, costs, damages and reasonable
attorneys' fees incurred by the Service Agent as the direct or
indirect result of any misconduct, error or omission of the
client, or any of its' directors, officers, employees, parents,
subsidiaries or affiliates taken in connection with the
furtherance or performance of any provision of this agreement,
provided that said claims, loss, liability costs, damages and
reasonable attorneys' fees have not been directly caused by any
misconduct, error or omission of the Service Agent, its'
directors, officers, employees, parents, subsidiaries and
affiliates.
The Service Agent agrees that it will indemnify and hold
harmless the Client and its directors, officers, employees,
parents, subsidiaries and affiliates from and against any and
all claims, loss, liability costs, damages and reasonable
attorneys' fees incurred as the direct or indirect result of
any misconduct, error or omission of the Service Agent or any
of its' directors, officers, employees, parents subsidiaries or
Affiliates taken in connection with the furtherance or perfor-
mance of any provision of this agreement, provided that said
claims, loss, liability, costs, damages, and reasonable
attorneys' fees have not been directly caused by any miscon-
duct, error or omission of the Client, its' directors,
officers, employees, parents, subsidiaries and affiliates.
2JAMB4 - -2-
(dsmw/9A26)
•
SELF
SER /.4....
SECTION IV: Fees
The Client agrees to pay the Service Agent a,a annum service
fee of $27,010, payable monthly, in the amount of $1,460
beginning December 18, 1987 through June 30, 1989. Thereafter,
it is the intention of the parties to continue this Agreement
in full force and effect, subject to annual renegotiation of
fees, unless and until this Agreement is terminated by either
party as hereinafter provided.
In addition to the above service fee, and subject to the
Client's prior approval, the Client agrees to pay all Allocated
Expenses as defined below:
Allocated Loss Expenses means any cost or expense we incur
on your behalf as a result of our engaging the service of
firms or persons outside our organization for work in
connection with the investigation, adjustment, settlement
or defense of a Claim. Allocated Loss Expenses includes,
but is not limited to the following: subrogation; rehab-
ilitation; automobile or other physical damage appraisal;
all court costs, fees, and expenses; fees for service of
process; fees to attorneys; the cost of services of under-
cover operations and detectives; fees or independent
adjusters or attorneys for investigation or adjustment of
claims in areas removed from reasonable access to our
salaried employees; the cost of employing experts for the
purpose of preparing maps, photographs, diagrams, and
chemical or physical analysis, or for expert advice or
opinion; the cost of obtaining copies of any public re-
cords; and the costs of depositions and court reporters or
recorded statements.
SECTION V: Cancellation
This Agreement may be cancelled by either the Client or the
Service Agent, by giving to the other, in writing, notice of
his intention to cancel this Agreement, sixty (60) days prior
to the actual date of cancellation. Upon cancellation the
Service Agent will not be required to provide any further
services to the Client. Service Agent may also cancel immedi-
ately for non-payment of service fee.
In_ the event of termination of this Agreement, by the Client
for any reason whatsoever, the Client shall also designate, in
writing, one of the following options:
Option I: Require the Service Agent to return all open/
pending or closed. files to the Client to ensure the orderly
transition to a succeeding administrator.
2JAMB5
(dsmw/9A27)
SELF lStJR RS
Option II: Require the Service Agent to continue to
provide all services as previously outlined in this "gree-
ment, at a fee to be negotiated between the Client and the
Service Agent.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on their behalf by the undersigned duly authorized
persons.
CITY OF HERMOSA BEACH
President of the City Council,
and Mayor of the City of
Hermosa Beach
Attest:
City Clerk
Approved As To Form:
/1/1"4:,-.7
/
City Attorney
SELF -INSURERS SERVICE, INC.
Attest:
Date: 11 I1rt
2JAMB6 •
(dsmw/928)
Ho_p'e J✓ iTTett
Vice R' esident
Date: // //J�if7
TO achgrilutth
filatrrialg
AMENDMENT NUMBER TWO TO MEMORANDUM OF AGREEMENT
FOR LIABILITY ADMINISTRATION SERVICES
DATED DECEMBER 18, 1985
Amendment to agreement between CITY OF HERMOSA BEACH, a municipal
corporation, hereinafter called "CLIENT", and JARDINE CLAIMS
MANAGEMENT, INC., a California corporation, hereinafter called
"CONTRACTOR", originally entered into the 16th day of December
1985.
Effective October 1, 1986, the name of the contractor is hereby
changed to JARDINE CLAIMS MANAGEMENT, INC.
Effective December 18, 1986, the renumeration to be paid under
this Agreement to the SERVICE AGENT by the SELF-INSURED shall be
based upon a flat rate of FIFTEEN THOUSAND FIVE HUNDRED DOLLARS
($15,500) for the period December 18, 1986 through December 17,
1987, for the first FORTY-FIVE (45) claims and THREE HUNDRED AND
FIFTY DOLLARS ($350.00) per claim for all claims beyond the first
FORTY-FIVE (45) and, shall be payable quarterly, commencing
December 18, 1986, at the rate of THREE THOUSAND EIGHT HUNDRED
SEVENTY FIVE DOLLARS ($3,875.00) to be adjusted a year end based
on actual claim count.
Effective December 18, 1987, any additional increase in
therenumeration for this Agreement shall be for a mutually
agreeable amount not to exceed a sum which would cause there to
be an increase in excess of 15% above the renumeration for the
preceding twelve (12) month period.
Effective December 18, 1986 CONTRACTOR agrees to provide to the
CLIENT two (2) claims review sessions and two (2) educational
seminars. Said sessions and seminars to be scheduled on the
premises of the CLIENT at a date and time mutually agreed._
Effective December 18, 1986, this Agreement may be cancelled by
either party, by its giving to the other, in writting, notice of
its intention to cancel this agreement at least SIXTY (60) days
prior to the date of termination.
.ti
All other terms and conditions of the agreement remain the same.
CITY OF HERMOSA BEACH
4
PRESIDENT or /the City Council, and
MAYOR ,ofi th City of Hermosa Beach
Attest:
APPROVED AS TO FORM:
J ttorney
JARDINE CLAIMS MANAGEMENT
Attest:
DATE:
INC.
/01-a3-�(�
DATE : /4216-674
DATE:
By:
Date:
AMENDMENT NUMBER ONE
TO MEMORANDUM OF AGREEMENT
FOR LIABILITY ADMINISTRATION SERVICES
DATED DECEMBER 16, 1985
Effective January 24, 1986, the name of the contractor is
hereby changed to EMETT & CHANDLER SELF-INSURANCE SERVICES, INC.
All other terms and conditions remain the same.
ATTEST:
DATE:
ATTEST:
CITY OF HERMOSA BEACH
DATE: 3 /AC/Y(
DATE:
EMETT & CHANDLER SELF-INSURANCE
SERVICES, INC.
BY: (4—
DATE:
/174 -Ni c / ._I _ 6--e--
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AGREEMENT BETWEEN CITY OF HERMOSA BEACH
AND R. L. KAUTZ & COMPANY FOR SELF-INSURANCE
ADMINISTRATION SERVICES
THIS AGREEMENT, entered into this 16th day of
December , 1985, by and between City of Hermosa Beach
a municipal corporation, hereinafter called "CLIENT," and R. L.
Kautz & Co., a California corporations, hereinafter called "CON-
TRACTOR," for certain services as outlined herein in connection
with the duties and responsibilities of administering a program
of Liability Self -Insurance.
WITNESSETH:
WHEREAS, CLIENT has undertaken to self -insure; and,
WHEREAS, CONTRACTOR is engaged in the supervision and ad-
ministration of programs of self-insurance,
NOW, THEREFORE, for and in consideration of the mutual
obligations hereby assumed, and the performance of the acts
hereinafter set forth, the parties hereto agree as follows:
1. GENERAL.
A. CONTRACTOR agrees to supervise and administer the
Liability Self -Insurance program for CLIENT and
shall act as their representative in connection
with the investigation, adjustment, processing,
supervision and resolution of liability claims
and potential claims for money damages asserted by
third parties against CLIENT which are premised
upon allegations of negligent or careless acts or
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omissions, or conduct for which CLIENT is alleged
to be legally responsible, and agrees further to
provide to CLIENT during the term of this Agreement
all the services more particularly set forth
hereinafter. In the performance of the services
provided for herein, CONTRACTOR shall use its best
efforts without any guarantee as to the ultimate
outcome of any claim adjusted, investigated, pro-
cessed, supervised or resolved by CONTRACTOR.
B. CONTRACTOR shall open a bank account with a
federally insured bank, as agent for CLIENT, and
shall have sole signing authority on said account.
CLIENT shall be responsible for maintaining suffi-
cient balances in the account to cover the payment
of the general liability and automobile liability
claims which might reasonably be expeeted to result
under CLIENT'S Liability Self -Insurance Program.
However, if at any time an overdraft exists on this
account, SELF -INSURER agrees for the benefit of
CONTRACTOR and the bank to be responsible for the
amount thereof.
2. INVESTIGATIVE SERVICES.
A. CONTRACTOR agrees to provide investigative services
as follows:
(1) Receipt and examination of all reports of ac-
cidents, incidents, .:claims or cases which are
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or may be the subject of such liability
claims.
(2) Such preliminary investigation as is required
to determine probable liability, or lack
thereof, of CLIENT, that can be appropriately
performed by telephone. However, where, by
virture of the complexity of the case or the
severity of the injuries, an investigation is
required which utilizes field personnel, or
requires photos, the obtaining of statements
from witnesses, diagraming of intersections or
other outside adjusting services will be con-
ducted. CLIENT shall provide CONTRACTOR with
photographs and engineering drawings or other
descriptive material of all conditions of
CLIENT property which are alleged to be dan-
gerous or that were damaged in the events
which produce the claim under investigation.
B. CLIENT agrees to pay for the cost of extraordinary
investigative services, including, but not limited
to, those where expert and professional assistance
is required, such as professional photography, in-
dependent medical examinations, laboratory ser- _
vices, the copying of medical and other records,
trial preparation and professional engineering ser-
vices, including but not limited to map prepara-
tion, accident reconstruction, material analysis
and evaluaton premises.
3. ADJUSTMENT SERVICES.
CONTRACTOR agrees to provide complete adjustment ser-
vices on each accident or incident which is or may be
the subject of a liability claim. Such services shall
include:
A. The maintenance of a claim file on each potential
or actual claim reported to CONTRACTOR.
B. Whenever its investigation results in a determina-
tion that CLIENT has sustained a liability to a
third party, CONTRACTOR shall process any such
claim or potential claim for settlement in accor-
dance with instructions and policies of CLIENT for
settlement of such claims.
C. Notification of CLIENT'S excess carriers of all
claims which have the potential to exceed CLIENT'S
retention and maintenance of liaison between the
insurance carriers and the CLIENT on matters af-
fecting the adjustment of such claims and notify
CLIENT when CLIENT is entitled to reimbursements
for loss in excess of retention.
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D. Obtain all Release Agreements on settlement of any
claim or potential claim.
4. PERIOD OF AGREEMENT.
This AGREEMENT is for a period of twelve (12) months
commencing at 12:01 a.m., December 18, 1985 , and
ending midnight, December 17, 1986 . There-
_ after, it is the intention of the parties to continue
this Agreement in full force and effect, subject to
annual renegotiation of Section 6 hereunder ("CONSID-
ERATION"), unless and until this Agreement is termi-
nated by either party as hereinafter provided.
5. CONSIDERATION.
Client agrees to pay to CONTRACTOR THE SUM of
$ 41345 in two (2) equal installments. April 15,
1986 and October 15, 1986.
In addition thereto, CONTRACTOR, shall submit to
the CLIENT all costs for the procurement of police
reports, index bureau reports, and for such other
reports and documents which are appropriate and
necessary, and the CLIENT shall pay such costs
directly.
6. CANCELLATION OF AGREEMENT.
After this Agreement has been in effect for at least
twelve (12) months, this Agreement may be terminated
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by either party, by its giving to the other, in writ-
ing, notice of its intention to cancel this Agreement
at least sixty (60) days prior to the date of
termination.
7. DISPOSITION OF FILES ON TERMINATION OF AGREEMENT.
A. All files on each claim shall be the property of
the CLIENT.
B. In the event of termination or cancellation of the
Agreement, CONTRACTOR shall return all files to
CLIENT unless CLIENT requests CONTRACTOR to con-
tinue to process any file, which file CONTRACTOR
will continue to process on a time and expense
basis.
C. In the event of cancellation of this Agreement by
CONTRACTOR, the consideraton to be paid pursuant to
Section 6 shall terminate effective with the ter-
mination of the Agreement and the CLIENT shall not
be liable for payment of consideration under Sec-
tion 6 relating to any period after the effective
date of the termination.
8. HOLD HARMLESS.
A. CLIENT agrees to defend any legal action commenced
against CONTRACTOR caused directly or indirectly by
wrongful or negligent acts of CLIENT'S officers,
employees, agents or other's engaged by CLIENT; and
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indemnify CONTRACTOR against any liability, loss,
costs, or damage, including attorney's fees,
resulting therefrom.
B. CONTRACTOR agrees to defend any legal action com-
menced against CLIENT caused directly or indirectly
by wrongful or negligent acts of CONTRACTOR'S,of-
ficers, employees, agents or others engaged by CON-
TRACTOR; and indemnify CLIENT against any liabili-
ty, loss, cost, or damage, including attorney's
fees, resulting therefrom.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their duly authorized officers as
of the day and year first above written.
R. L. KAUTZ & CO.
A California Corporation
By:
APPROVED AS TO FORM:
CITY OF HERMOSA BEACH
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VIII. FEE SCHEDULE
A. Flat Minimum Fee Per Annum
$8,690.00
B. Per Claim (If more than 40 claims per year) 200.00
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November 16, 1987
Honorable Mayor and Members of City Council Meeting
the Hermosa Beach City Council of November 24, 1987
APPROVAL OF SUPPLEMENTAL TO THE MANAGEMENT EMPLOYEES' BARGAINING
UNIT MEMORANDUM OF UNDERSTANDING (MOU) MODIFYING THAT UNIT TO
INCLUDE THE CLASSIFICATIONS OF PUBLIC SAFETY DIRECTOR AND
PERSONNEL/RIRK MANAGEMENT DIRECTOR, AND APPROVAL OF THE CLASS
SPECIFICATION FOR PERSONNEL/RISK MANAGEMENT DIRECTOR
RECOMMENDED ACTION:
It is recommended that the City Council approve the attached
class specification for Personnel/Risk Management Director and
authorize the City Manager to execute the attached supplemental
to the Management Employees' Bargaining Unit which establishes:
1. The classifications of Public Safety Director and
Personnel/Risk Management Director as part of that bargaining
unit, and
2. Specifies the salary range of each classification.
BACKGROUND:
Public Safety Director:
At the City Council meeting of May 27, 1986, the City Council
approved the class specification for the position of Public Safe-
ty Director and further agreed to assign this position to the
management bargaining unit, represented by the Hermosa Beach Man-
agement Employees' Association.
Due to ongoing consideration by the Council regarding the inter-
nal salary relationships of the other classifications within the
management employees bargaining unit, formal adoption of the
classification of Public Safety Director into the Management Em-
ployees' Association was delayed until resolution of that issue.
On April 24, 1987, the City Council agreed to retain the State of
California, Coorperative Personnel Services (CPS) to do a compen-
sation study of the management positions. In response to the
agreement to contract with CPS, the Management Employees' As-
sociation agreed to formally adopt the classification of Public
Safety Director into the Association.
Personnel and Risk Management Director:
Included in the City Council approved budget for FY 87/88, the
Council authorized the reclassification of the Personnel Ad-
ministrator position to Personnel and Risk Management Director.
This position is to acknowledge the increased responsibilities
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assumed by the position in the area of liability claims manage-
ment, safety programming, employee relations, health insurance
cost management, contract administration, and other labor
relations/personnel officer functions.
On August 20, 1987, the City Council instructed the City Manager,
or his designee, to negotiate with the Management Association in
order to establish the classification of Personnel and Risk Man-
agement Director as part of the management employees bargaining
unit and establish a salary range for the classification.
Negotiations in regards to both classifications were concluded at
the beginning of November.
The class specification was developed as a part of the CPS clas-
sification study and incorporates the assigned duties of the
position.
ANALYSIS:
Upon execution of the attached supplemental to the Hermosa Beach
Management Employees' Association Memorandum of Understanding,
both the positions of Public Safety Director and Personnel and
Risk Management Director will be aligned with the appropriate
recognized employee organization for management employees.
An appropriation for both salary ranges was included in the adop-
ted FY 87/88 budget.
Respectfully submitt
Robert A. Blackwood
Personnel Administrator
Noted for fiscal impact:
0-4
Viki Copeland
Finance Administrator
Concur:
Gayle T. Martin
Interim City Manager
•
CITY OF HERMOSA BEACH
PERSONNEL AND RISK MANAGEMENT DIRECTOR
DEFINITION
Under the administrative direction of the City Manager, to
plan, organize, direct and coordinate a comprehensive Personnel
and Risk Management program; to direct the settlement of worker's
compensation claims, recommend coverages and purchase of
insurance and develop and direct the conduct of safety and
training programs; and to do related work as required.
EXAMPLES OF DUTIES
Plans, organizes, directs, coordinates, supervises and
performs professional personnel work involved in the
administration and maintenance of City recruitment, selection,
employee orientation, classification and salary, labor relations,
performance evaluation, counseling and grievance and affirmative
action programs; develops, administers and interprets personnel
and salary policies, regulations and procedures; coordinates with
departmental and administrative officials in the development or
improvement of personnel procedures, standards, regulations and
forms; advises departments on organization, design and staffing;
serves as a liaison and coordinates contracted testing and
selection processes; provides staff support to the Civil Service
Commission; coordinates the preparation of departmental agenda
items and attends meetings of the Civil Service Commission and
City Council; periodically reviews and updates City job
classifications; directs and conducts personnel management,
salary and benefit surveys and prepares recommendations and
reports; provides information and technical assistance on
personnel policies and procedures, the affirmative action
program, supplementary employee benefits and other personnel
matters; reviews departmental payroll records for completeness
and accuracy; directs the maintenance of confidential records and
files; reviews and makes recommendations on improvements to
personnellpractices and procedures; serves on the management team
in the City negotiating process; directs and conducts studies and
surveys and develops salary, benefit and cost data for management
proposals; implements and monitors MOU's; counsels and advises on
a range of labor-management problems; reviews and analyzes
pertinent legislation affecting personnel management; supervises
the work of department personnel.
Plans, organizes, directs, coordinates, supervises and
performs professional work involved in the administration and
maintenance of the City's Risk Management Program; manages the
purchase of Property, Vehicle, Casualty, Liability, and Workers'
Compensation insurance; recommends coverages, deductible amounts,
and reserve levels; manages the City's claims defense and
settlement process; coordinates the City's recovery actions in
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cases of negligence by a third party; coordinates and monitors
the work of claims adjusters and attorneys representing the City;
performs research and analysis and prepares reports, charts,
tables, and other forms of analysis in order to provide the
department and the City with necessary risk management
information; presents reports and information to the City
Council; develops procedures and recommends methods for funding,
program, and organizational risks; reviews proposed programs,
contracts, facilities, and activities under consideration by the
City, and advises on the risk implications; confers with managers
to determine loss prevention and safety; works with departmental
safety committees on loss control activities; develops, improves
and contracts for the presentation of safety and training
programs; serves as City representative on Risk Management groups
and associations.
SPECIAL REQUIREMENT
Possession of a valid California driver's license issued by
the State Department of Motor Vehicles.
DESIRABLE QUALIFICATIONS
Knowledge of:
Modern principles, practices and procedures of
personnel administration, including labor
relations, affirmative action, classification and
compensation, recruitment, selection, performance
evaluation and training;
Federal and State laws, regulations and administrative
rules as the relate to personnel management, risk
management, workers' compensation, safety, and
loss control;
Risk management techniques and principles;
Fiscal planning and budget allocation techniques;.
Claims processing, adjusting and reporting techniques;
Office management and recordkeeping principles,
methods and procedures;
Statistical, research and survey methods and
techniques;
Principles and practices of supervision, training and
budget administration;
Labor relations laws, practices and procedures;
Computers and computer applications;
Report writing methods and techniques.
and
Ability to:
Plan, organize, direct, coordinate and perform
professional level work involved in a
comprehensive Personnel and Risk Management
program;
P
Conduct and improve recruitment, selection, evaluation,
training, classification audit and personnel
recordkeeping activities;
Initiate research studies and reports including the
collection, organization, analysis and development
of administrative and management recommendations;
Advise City officials and employees on Personnel and
Risk Management related programs and services;
Prepare and present comprehensive written and oral
reports;
Develop and improve training and safety programs;
Assist with identifying and resolving various Labor
Relations and Risk Management related problems in
the City's work force;
Establish and maintain cooperative work relationships
with those contacted in the course of work;
Supervise and train subordinate personnel.
and
Training and Experience: Any combination of training and
experience which would provide the required knowledges
and abilities is qualifying. A typical way to obtain
these knowledges and abilities would be:
Three years of professional experience in personnel and
risk management activities, preferably including at
least one year in a supervisory or administrative
capacity.
Education: Graduation from an accredited four year
college or university with a Degree in Public
Administration, business Administration, Industrial
Relations, Finance or a closely related field.
A SUPPLEMENTAL TO THE
JULY 16, 1985
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF HERMOSA BEACH
AND
HERMOSA BEACH MANAGEMENT EMPLOYEES' ASSOCIATION
MANAGEMENT EMPLOYEES' BARGAINING UNIT
Effective November 25, 1987, Exhibit A, the schematic list of
class titles and base monthly salary schedule, of the Memorandum
of Understanding, Management employees' Bargaining Unit, is amen-
ded to include the class titles of PUBLIC SAFETY DIRECTOR and
PERSONNEL/RISK MANAGEMENT DIRECTOR with salary ranges as follows:
A B C D
Public Safety Director: 4570 4768 5006 5256
A B C D
Personnel/Risk Management Director: 2957 3105 3260 3423
IN WITNESS WHEREOF the parties hereto have caused their duly au-
thorized representatives to execute this Supplemental Memorandum
of Understanding this day of , 1987.
Gayle T. Martin
Interim City Manager
William Grove, President
Hermosa Beach Management
Employees' Association
Law Offices of James P. Lough
JAMES P. LOUGH
November 12, 1987
CITY OF HERMOSA BEACH
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: JAMES P. LOUGH, City Attorney
Linda LeVanway, Paralegal
30 NORTH RAYMOND AVENUE
SUITE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 792-4728
(818) 792-4776
RE: Repeal of Hermosa Beach City Code Section 2-8,
Residency Requirement for City Manager
RECOMMENDATION: That the City Council repeal the above -
referenced City Code section as it has come to our attention
that an ordinance of this type is prohibited by the California
Constitution and the Government Code.
ANALYSIS: Section 2-8 of the Hermosa Beach City Code reads:
Residence in the city at the time of appoint-
ment of a city manager shall not be required
as a condition of the appointment, but within
one hundred eighty (180) days thereafter the
city manager must beome a resident of the
city, or the city council shall declare the
office of city manager to be vacant."
Article XI, Section 10 of the California Constitution
prohibits a city from requiring its employees be residents of
such city, except that such employees may be required to reside
within a reasonable distance of their place of employment.
Further, Government Code section 50083 states:
No local agency, or district, shall require
that its employees be residents of such local
agency or district.
There have been several California Attorney General Opinions
written on this subject from 1973 to present. In of all the
opinions, the Attorney General has stated that a requirement
that an employee reside within the city or district in which
he/she is employed is prohibited. However, a residentiary
requirement based on time, mileage, or some other criterion
reasonably related to the needs and demands of a particular type
of employment, so that emergency employees are readily available
to perform their duties, would probably be upheld as not being
within the scope of section 50083. (Atty Gen Ops 72-213) A
perfect example of this type of requirement was upheld in
Marabuto v. Town of Emeryville (1960) 183 Cal App 2d 406, 410,
L13/repcm-. - -1-
November 12, 1987
TO: Mayor and Members of the City Council
FROM: JAMES P. LOUGH, City Attorney
Linda LeVanway, Paralegal
RE: Repeal of Hermosa Beach City Code Section 2-8,
Residency Requirement for City Manager
where the court upheld a geographic residentiary requirement for
policemen and firemen because of the need for them to respond
quickly to recall orders when an emergency strikes the city.
Still, a requirement that police or firepersons live within the
city where they are employed would be unreasonable and
prohibited.
CONCLUSION: In light of the foregoing state law, we recommend
that the City Council direct this office to prepare the neces-
sary devices to repeal Section 2-8 for the Hermosa Beach City
Code.
espectfully
tted
.ti
L13/repcm_ -2-
ES P. LOUGH, City Att•rney
TY OF HERMOSA BEACH
November 18, 1987
Honorable Mayor and Members of City Council Meeting of
the Hermosa Beach City Council November 24, 1987
ADDITIONAL APPROPRIATION
OF FUNDS FOR LEGAL SERVICES
RECOMMENDATION
It is recommended that the City Council appropriate $185,000 from
the General Fund Reserve for Contingencies to the City Attorney
Contract Services Account for estimated legal fees through June
30, 1988. (All legal fees are paid from this account, not just
City Attorney)
BACKGROUND
The current appropriation for legal services ($131,650) was
developed during the 87-88 budget process based on the City
Attorney's existing contract and the level of litigation
expected. From page 32 of the City Council Adopted Budget, the
breakdown of the $131,650 is as follows:
City Attorney Retainer @ $3,700 $44,400
City Attorney Additional Regular Services 12,000
Land Use/Other Litigation 50,000
General Litigation 25,000
$131,400
Funding for State Local Center 250
(Council Action of 6/23/78)
$131,650
ANALYSIS
Due to new and increased litigation, an additional appropriation
is necessary. Expenditures by law firm as of November 24, 1987
are:
(Services through October)
Kane, Ballmer and Berkman
Jim Lough, Retainer
Jim Lough, Extraordinary
Ochoa and Sillas, Los Angeles
Ochoa and Sillas, Sacramento
Miscellaneous (publications, code supplements)
$79,550
19,106
24,844
5,741
1,128
3,281
$133,650
The additional appropriation of $185,000 is based on estimates
from the law firms providing services currently. A summary of
appropriations is presented below:
City Attorney Retainer
City Attorney Regular Services
Other Litigation
Miscellaneous
Original
$44,400
12,000
75,000
250
Additional Annual
$40,000 $84,400
52,000 64,000
88,000 163,000
5,000 5,250
$131,650 $185,000 $316,650
To give Council a clear picture of our financial position as of
October 31, 1987,. a summary of the General Fund Balance and
Designations is presented below. These balances reflect actual
balances for 6/30/87, the 87-88 adopted budget and any
appropriations Council has made since 7/1/87. Legal fees have
generally been paid from the General Fund in the past. The
amounts shown as designations for certain purposes are designated
by Council and are discretionary. Staff is recommending that the
$185,000 be taken from the designation for Contingency and not
from the other accounts.
Unappropriated Fund Balance
Designation for:
Asset Replacement
Capital Improvements
Prospect Park Acquisition
Debt Service
Affordable Housing
Contingency
$22,492
120,000
109,885
200,000
65,005
46,831
366,492
Appropriation of the $185,000 from the Contingency account will
mean that less than 370 is reserved. At the 86-87 Midyear Review
Council instructed that a 3% reserve be included in the budget.
The amount left in the Contingency after allowing for the
$185,000 will be $181,492 or 2.25%. Since the purpose of the
Contingency is to provide a "cushion" for unexpected occurrences,
it is recommended that the appropriation be made from this
account.
Noted:
Gayle T. Martin
Interim City Manager
Viki Copeland
Finance Administrator
November 17, 1987
Honorable Mayor and Members City Council Meeting of
of the City Council November 24, 1987
APPROVAL OF THE EXCHANGE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS
RECOMMENDATION -
It is recommended the City Council approve the attached
agreement, Attachment A and resolution, Attachment B approving
the exchange of the City's CDBG Funds to the City of West
Hollywood and authorize mayor to sign said documents on behalf of
the City. Further that City Council designate these funds -to
offset the deficit in the CDBG Fund.
BACKGROUND
Attachment C reflects the background on the City's CDBG funds.
This report was submitted to City Council and approved on October
13, 1987.
ANALYSIS
Staff contacted many cities regarding the exchange of these funds
and was very fortunate to have the City of West Hollywood
interested at the rate of $.70 on the dollar. The funds realized
by the City of Hermosa Beach on the. sale of $253,128 at the rate
of $.70 on the dollar is $177,190. Attachment C explains in
detail the genesis of this exchange. Please note the deficit of
$75,938 will be addressed at the mid -year budget review.
The Community Development Commission of Los Angeles County has
approved the exchange of funds per their letter dated November
12,` 1987. (Attachment D)
Respectfully submitted,
Alana M. Mastrian
Assistant City Manager
Gay1=/T. Martin VViki Copeland
Finance Administrator
Interim City Manager
PROVED AS 0 :ORM
s P. Loug
y Attorney
Attachment A
AGREEMENT
This Agreement is made by and between the CITY OF HERMOSA
BEACH (Hermosa), a municipal corporation, and the CITY OF WEST
HOLLYWOOD (West Hollywood), a municipal corporation, with respect
to the following facts:
RECITALS
A. On July 15, 1987, the West Hollywood City Council executed a
one-year Memorandum of Understanding with the County of Los
Angeles concerning Community Development Block Grant-(CDBG)
Funds for Fiscal Year 1987-88.
B. On October 19, 1987, the West Hollywood City Council
authorized staff to negotiate an agreement with the City of
Hermosa Beach concerning the exchange of West Hollywood
general funds for Hermosa Beach CDBG supplemental funds for
the Fiscal Year 1987-88.
C. On February 2, 1982. the Hermosa Beach City Council executed
a five-year cooperation agreement with the County of Los
Angeles concerning CDBG funds for Fiscal Years 1979-80
through 1984-85.
D. On November 24, 1987, the Hermosa Beach City Council
designated the City of West Hollywood as the recipient of
its CDBG supplemental funds for Fiscal Years 1979-80 through
1984-85 in exchange for general funds in an amount to be
agreed upon by both parties.
E. The Cities now desire to enter into an agreement under which
= West Hollywood would exchange $177,190 of its general funds
for Hermosa Beach entitlement of CDBG supplemental funds for
Fiscal Years 1979-80 through 1984-85, not to exceed
$253,128.
NOW, THEREFORE, the Cities agreeas follows:
1. Exchange. West Hollywood hereby agrees to pay Hermosa
Beach one hundred seventy-seven thousand one hundred and ninety
dollars ($177,190) from its general funds. Hermosa Beach irrevoc-
ably assigns to West Hollywood two hundred fifty-three thousand
one hundred twenty-eight dollars ($253,128) of its entitlement of
CDBG supplemental funds for Fiscal Years 1979-80 through 1984-85.
2. Best Efforts. Hermosa Beach shall use its best efforts
to obtain any consent required of any governmental or administra-
tive agency to effectuate the assignment of $253,128 of its CDBG
supplemental funds to West Hollywood. Hermosa Beach agrees to
execute any and all additional documents which such agencies may
request in connection with the assignment and receipt of grant.
DP172.MG -1- (111387A)
t
3. Payment. West Hollywood shall pay Hermosa Beach one
hundred seventy-seven thousand one hundred ninety dollars
($177,190) in cash from its general fund on or before December
31, 1987.
4. Indemnification. West Hollywood agrees to defend, at
its own cost and to indemnify and hold harmless Hermosa Beach,
its agents and employees from and against any and all loss,
claims, costs, expenses (including attorney's fees), damages and
liabilities, however caused, resulting directly or indirectly, to
the obligation or expenditure by West Hollywood of the CDBG
supplemental funds that Hermosa Beach is assigning to West.
Hollywood under this agreement.
5. Applicable Law. This Agreement shall be interpreted and
the rights and liabilities of the Cities hereto determined in
accordance with the laws of the State of California.
6. Entire Agreement. This Agreement constitutes the entire
agreement between the Cities and supersedes any and all other
agreements, either oral or written between the Cities.
7. Attorney's Fee. If any legal action or other proceeding
is brought for the enforcement of this Agreement, the successful
or prevailing City shall be entitled to recover reasonable attor-
ney's fees and other costs incurred in that action or proceeding,
in addition to any other relief to which it may be entitled.
IN WITNESS WHEREOF, the Cities hereto have caused this
Agreement to be executed by their respective officers, duly
authorized, on the dates shown below.
CITY OF WEST HOLLYWOOD
8611 Santa Monica Boaz
West Ho
MAYOR
Date: Ar, 1987
ATTEST:
DP172.MG
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
MAYOR
Date: , 1987
CITY CLERK
-2- (111387A)
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Attachment B
RESOLUTION 87—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA AUTHORIZING THE EXCHANGE OF $253,128 IN COMMUNITY
DEVELOPMENT BLOCK FUNDS FOR $177,190 IN GENERAL FUND MONIES FROM
THE CITY OF WEST HOLLYWOOD.
WHEREAS, The City of Hermosa Beach has a Community
Development Block Fund Grant allocation of $253,128 uncommitted;
and
WHEREAS, the City of Hermosa Beach does not have an adequate
low to moderate income target area project that would qualify for
Community Development Block Grant Fund expenditures; and
WHEREAS, the City of West Hollywood has agreed to exchange
$177,190 in General Funds for $253,128 in Community Development
Block Grant Funds from the City of Hermosa Beach which is
equivalent to an exchange rate of $.70 on the dollar; and
WHEREAS, the Los Angeles Community Development Commission has
granted permission for the exchange of funds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Hermosa Beach, California:
1) The City Manager is authorized to execute an agreement
with the City of West Hollywood for the exchange of
Community Development Block Grant Funds in the exact
amount of $253,128, for $177,190 in General Funds from
the City of West Hollywood.
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25
26
27
28
2) The City Manager of Hermosa Beach is authorized to
execute and file any other document required by the Los
Angeles Community Development Commissionand furnish any
subh additional information as required.
PASSED, APPROVED, and ADOPTED this day of November,
1987.
ETTA SIMPSON
Mayor, City of Hermosa Beach, California
ATTEST: APPROVED AS TO M:
KATHLEEN MIDSTOKKE
CITY CLERK
M S P. LOUGH
ITY ATTORNEY
arc.,-opt4,0,4 �'
Attachment C
October 5, 1987
Honorable Mayor and Members City Council Meeting of
of the City Council October 13, 1987
CDBG STATUS REPORT
RECOMMENDATION_
It is recommended City Council exchange the City's remaining CDBG
Funds with another city at a rate no less than $.60 on the
dollar.
BACKGROUND
The City of Hermosa Beach has been in the Community Development
Block Grant Program (CDBG) since 1978. These federal funds are
administered by the Los Angeles Community Development Commission
(L.A. CDC) and this is the agency the City of Hermosa Beach has
been dealing with since 1978.
In 1985, the then City Council decided to no longer participate
in this federal program. The present City Council reaffirmed
that decision at the last City Council meeting of Sept. 22, 1987.
ANALYSIS
The City of Hermosa Beach has used CDBG funds for many projects
in the City, one of which was the Community Center Rehab Project.
All other CDBG projects have been (or shortly will be)
successfully closed out. This one project continues to be a
problem for the City as well as Los Angeles CDC.
The Community Center Rehab Project was approved by L. A. CDC
January, 1983. All contractors and the scope of work was
approved at that time. As the project progressed, the City_
reallocated CDBG funds from other projects into the Community
Center Rehab Project and'proceeded to process the paperwork with
L.A. CDC.
At the end of the rehab project, L. A. CDC decided the project
was ineligible for funding. At that point L.A. CDC had already
reimbursed the City of Hermosa Beach $306,880. By the end of the
project, L.A. CDC owed and still owes the City $252,491.
Staff has been pursuing this reimbursement for the last three
years using administrative measures and finally any political
intervention that was or is available. The final result to date
is a letter from L.A. CDC stating that the $360,880 that was
already reimbursed is an approved expenditure. Please note
Attachment A, letter dated July 9, 1987, from L. A. CDC.
However, what was not in the correspondence of July 9, 1987, and
what was verbally conveyed to staff at a meeting with Community
Development Commission representatives on August 14, 1987, is
- 1
g
that the remainder of funds that the City expended on the rehab
project and for which we requested reimbursement ($253,128) will
not be reimbursed. But, ironically, that same amount is
available for the City to expend on any other project that meets
CDBG guidelines.
In staff's opinion it would be ludicrous for the City to expend
money on another project as that would simply result in the City
spending the money twice and being reimbursed only once.
In an effort to finalize this project, staff is recommending the
City exchange its remaining funds with another City. Please
refer to Attachment B. Attachment B reflects the rates of
exchange and indicates the approximate amount of funds the City
would realize.
In exchanging funds with another City, Hermosa Beach will receive
funds that can be allocated per the wishes of the City Council
with no restrictions. But in doing so, City Council must realize
an exchange of funds will result in funding that is less than the
$253,128. Again, please refer to Attachment B.
Staff feels all other avenues have been exhausted except one, and
that is litigation. If the City Council wishes to pursue that
course of action, staff would suggest the matter be discussed at
closed session.
Attachment C gives an historical perspective on the project.
Please note, and it is not on the attachment, but the project was
completed in January, 1984 and the City received notification on
April 25, 1984, that the eligibility of the entire project was
being questioned by HUD.
ncur:
„t
Gayle T. Martin
Inte .m City Manager
2
Respectfully submitted,
Alana M. Mastrian, Director
Dept. of Community Resources
I).c%ic1 N. I l i t
t:.lrr Wavy 1)irrr Iw
July 9, 1987
Community Development Commission
County of Los Angeles
ATTACHMENT A
1436 Cinodrk h ISuulc%ard•Conuncrcr•.Calilrnnia 90022.12131725-7421!
Mr. Gregory T. Meyer, City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 902514
Dear Mr. Meyer:
r' r�
• `f?
Commissioners
Michael (). Antono%ict:
Chairman
Peter F. Schabarum
Kenneth Hahn
Edmund 1). Edelman
Deane Dana
l�.
Enclosed is a letter from HUD announcing their decisionregar,ling
the expenditure of $360;889 by your City on tile Hermosa Beach
Community Center (Project #82C.262). We are`erhappy that this
matter has been brought to a closure, but please refer to the
content of the letter as to the rationale for approving the
expenditures.
If you have any questions regarding this matter, please do not
hesitate to call me at 725-7339.
Iri addition, we *will be glad to work with your staff in
identifying eligible *activities which your City could implement
with your remaining balance of CDBG funda.-
Sincerely,
CA'RLOS JACN, Director
Community evelopment Block Grant Division
CJ:sm
Enclosure
•
JL
JUL 7 1987
•1. r (74:
'87 JUL —8 110 :55
David N. Lund
Executive Director
Community Development Commission
1436 Goodrich Boulevard
Commerce, CA 90022
Dear Mr. Lund:
U.S. Department of Housing and Urban Development
Los Angeles Office, Region IX
1615 West Olympic Boulevard
Los Angeles, Calilornia 90015-3801
SUBJECT: Hermosa Beach Community Center
Program No. B -85 -MC -06-0505
Community Development Block Grant (CDBG)
•
)14
My staff has thoroughly reviewed the information submitted to
justify CDBG expenditures for the renovation of the,:kiermosa Beach
Community Center. As you may recall, the eligibility of the activity •
was questioned when it was apparent that the CDBG dollars were pri-
marily used for the renovation of the auditorium, lobby and adjoining
restrooms and the City was unable to prove low and moderate income
benefit. My staff recommended that compliance with CDBG national
objectives might be established through determination of a blighted
structure or "spot blight" (24 CFR 570.901)(b)(2)(ii), CDBG
regulations). The material reviewed was the second information package
submitted to HUD to justify compliance with this program benefit objec-
tive.
Although the material submitted dc2s not include a work write-up
or cost estimate which can relate required work items with code
violations, my staff has attempted to synthesize the -observations of
the architect and building department, Table 1: Deficiencies and Code
Requirements", the table of "Community Center Construction
Expenditures" and the copies of the,Baxter-David contract and change
orders.
Using some estimating techniques, HUD staff has generously
concluded that the $360,889 CDBG funds already expended could have been
used to correct basic code deficiencics which would support a
designation of spot blight for the Community Center. I must say that
our estimation is without the benefit of the City's work write-up or
drawings which were not submitted. Our estimate has taken into
consideration only what might have been expended to correct City code
C.♦
2
items and has eliminated any items which would be consideredrdesign
features of the work completed. Since our estimate is actually less
than the $360,889 already expended, I feel our acceptance of costs ls a
generous allowance.
Should you have any questions regarding this letter, please
contact Karen Potts, Community Planning and Development Representative,
at (213) 251-7248.
Sincerely,
erbert Rob
Director,
Community Planning and
Development Division, 9.4C
r
ern .P
ATTACHMENT B
RATES OF EXCHANGE
At a rate of exchange at $.60 on the dollar, the City would
receive $151,876 or $101,251 less than the full amount.
At a rate of exchange at $.65 on the dollar, the City would
receive $164,533 or $88,594 less than the full amount.
At a rate of exchange at $.75 on the dollar, the City would
receive $189,846 or $63,282 less than the full amount.
At a rate of exchange at $.80 on the dollar, the City would
receive $202,502 or $50,625 less than the full amount.
1
MUNICIPAL SERVICE:,, INC.
January 22, 1986
Ms. Alana Mastrian
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
• ATTACHMENT C
Subject: Synopsis of Community Center Events
Dear Alana:
Based on a review of the records I have been able to find, enclosed.=;s a synopsis of' events
pertaining to the acquisition and rehabilitation of the Community Center. I have also
enclosed copies of some of the more critical documents related to this issue.
It is important to note that the City has completed three separate income surveys of
Community Center users and that almost two years have transpired since the issue was first
raised by HUD. The City has now been asked to pursue an alternative method of qualifying
the project -- alleviation of slum and blight. The situation obviously needs to be resolved as
quickly as possible.
As it now stands, the City has been reimbursed for $360,889 of the project costs with
$252,191 being withheld by the CDC pending resolution of the project's eligibility. The City
has a standing request, for reimbursement. The CDC has not processed the final MOU
Amendment (#3) which would permit reimbursement for the final costs.
I hope this information assists you in your efforts. Please call me fiI can provide further
assistance.
Sincerely,
MUNICIPAL SERVICES, INC.
Robb Steel
CDBG Consultant
RS:jg
Enc.
d: HB II
Diamond Bar Eaecuthe Park
r
• 712 N. Diamond Bar Boulevard • Diamond Bar, California 91765 • (818) 912-5321 (714) 594-2943
DATE
ACQUISITION
May 15, 1976
May 5, 1977
May 12, 1977
June 22, 1977
August 16, 1977
October 11, 1977
SYNOPSIS OF EVENTS
COMMUNITY CENTER'PROJECT
ACTION
City submitted project to acquire Pier Avenue School to County of
Los Angeles Department of Community Development. CDBG
Funding was initially $70,578.
HUD questions the eligibility of the Pier Avenue School Acquisition
Project, stating that only 38 -percent of the residents of Census Tract
6211 (the project site) are lower income.
City responds with letter from ^od Merl to Sesto Chi'i 'e110 of the
County that census tracts outside the city should be included in the
service area and that these tracts are predomipantly lower income.
Letter from County of Los Angeles indicates that the project has
been granted conditional approval. The City has 60 days to qualify
the activity under the CDBG Regulations or reprogram the funds.
City responds by indicating that the nature of services provided by
the Center will insure benefit to low and moderate income persons.
The City states that it will assure that the tenant mix benefits 50%
or more low and moderate income persons by controlling the final
mix of users.
Memorandum from Rod Merl to Earl Diller states that the Third Year
CDBG Contract requires that the City "select a final mix of users for
the facility that will insure that at least 509C, ---of the users shall be
persons of low and moderate income."
November 4, 1977 Second Amendment to Contract increases funding to $275,101.
The City subsequently acquired the site using CDBG and other funds.
REHABILITATION
FY 1981-32 City submits Community Center Rehabilitation Project 310.262 for
approval. CDBG Funding is $169,088.
December, 1982 City submits new Project 82C.262 which combines $169,088
previously allocated to 810.262 with $152,155 additional CDBG
funding. Project purpose is to restore th..Community Center.
Project was approved by CDC on January 19, 1983.
DATE ACTION
May 23, 1983
May -June, 1983
August 11, 1983
*Fall, 1983
*Fall, 1983
January 13, 1984
April 10, 1984
v
County CDC approves Amendment #1 adding•$5,2,000 CDBG Funding
to the Project. Project CDBG Funding now tot.is $373,243.
City conducts its first user survey and finds that an estimated 51.5
percent of the beneficiaries are low and moderate income.
County CDC approves Amendment #2 extending the time of
performance to June 30, 1984.
City submits a letter to County Supervisor Deane Dana•hequesting his
support in securing a waiver of CDBG Regulations ;hick do not
permit installation of a fire hydrant to support the' Community
Center Rehabilitation Project.
Supervisor Deane Dana submits a waiver request to HUD on behalf of
the City.
Ignacio Galindo of IIUD responds that the fire hydrant project cannot
be approved based on compliance with CDBG Program Regulations
and that his office had not been granted authority to approve a
waiver. The waiver request would be forwarded to the Assistant
Secretary for Community Planning and Development. Further, 1 -IUD
questions the eligibility of the Community Center Rehabilitation
Project, stating that it does not appear to qualify under the CDBG
Program Regulations.
City submits Amendment #3 to Project 82C.2G2 adding $240,137 for a
total project budget of $613,380. CDC denies approval of
Amendment pending resolution of eligibility concerns and low- and
moderate -income benefit test. CDC also refuses to process further
reimbursement requests for this project. CDC withholds $252,491.
April 25, 1984 City receives letter from Barbara Bell King of the CDC which
accompanies a letter dated April 17, 1984, from IIUD to Deane Dana.
In short, the letters confirm that the waiver cannot be approved and
that the eligibility of the Community Center Rehabilitaiton Project
itself is in question. The City is instructed to provide evidence that
the project meets one of the:•statutory objectives of the CDBG
Program, principally benefit to low- and moderate -income persons.
June, 1984 The City meets with the tenants of the Community Center to
establish the low and moderate income character of their clientele.
* I did not have a copy of the letters in the file although I have seen them.
DATE ACJION
July 12, 1984
August 29, 1984
December 6, 1934
City submits documentation that the benefit to low and moderate
income persons was an estimated 7396 basedy:•n the interviews with
the Center's tenants.
CDC submits letter of justification to Herb. Roberts of HUD. The
letter contends that the City's efforts to promote the Community
Center as a service center for the disadvantaged fulfills the intent of
the CDBG Program.
Herb Roberts of HUD -LA -responds that HUD cannot accept the
City's documentation of low and moderate income . >enefit. HUD
suggests that the City conduct an income survey which will result in
more specific, quantifiable documentation of benefit to low- and
moderate -income persons.
February -March 1985 City conducts a one month survey of all Glxrrimunity Center users.
The results show a benefit to low- and moderate -income persons of
51.5 percent.
May 7, 1985 City submits letter to the CDC documenting the survey results. The
City also committed to adopt affirmative policies to ensure benefit
to low- and moderate -income persons.
May 29, 1985 CDC submits City's letter of May 7, 1985, to HUD requesting that the
City's efforts to qualify the Community Center Project be approved
based on benefit to low- and moderate -income persons.
November , 1985 HUD responds that the documentation of low/moderate benefit still
cannot be accepted and suggests that the City try and qualify the
activity under the slum and blight national,,,objective, rather than
benefit to low- and moderate -income persons.
d: HB II
David N. Lurid
Executive Director
Attachment D
Community Development Commission
County of Los Angeles
1436 Goodrich Boulevard •Commerce, California 90022.12 13) 725-7422
November 12, 1987
Ms. Alana M. Mastrian
Assistant City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254-3885
Dear Ms. Mastrian:
Commissioners
Michael D. Antonovich
Chairman
Peter F. Schabarum
Kenneth Hahn
Edmund D. Edelman
Deane Dana
This is in response to your letter dated November 3, 1987, in
which you requested authorization to exchange the City of
Hermosa Beach's Community Development Block Grant (CDBG) funds
for general funds with the City of West Hollywood.
We do not foresee any problem in approving the exchange of funds
between the two cities. However, an agreement outlining the
terms and conditions, such as the total amount to be exchanged,
exchange rate, and method of payment, would need to be prepared
and submitted to CDC for review prior to execution by both
parties. Each city must also submit to the CDC evidence of City
Council approval of the agreement.
Since the City of West Hollywood is a current participating city
in the Urban County program, and your City has unexpended CDBG
funds as a result of previous years' funding, both blanket
contracts must be amended by the Board of Supervisors to reflect
the appropriate changes.
Your Program Manager, Ms. Lorraine Allen, is available to assist
you with the preparation of the agreement, and to answer any
questions you may have. She may be reached at (213) 725-7397•
Sijicere1y,
aive4r)
CARLOS JAC1k,S'ON, Director
Community Development Block Grant Division
LA:am/11
Law Offices of James P. Lough
JAMES P. LOUGH
TO:
30 NORTH RAYMOND AVENUE
SUITE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 792-4728
(818) 792-4776
November 18, 1987
CITY OF HERMOSA BEACH
MEMORANDUM
REGULAR CITY COUNCIL MEETING OF NOVEMBER 24, 1987
Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
Linda LeVanway, Paralegal
RE: TRUCKS ON 8TH STREET
Introduction
This office has been asked to address the problem of
commercial vehicle traffic on Eighth Street. By adopting
Ordinance No. 86-4999, the City left commerical vehicles no
direct truck route to the industrial area of Hermosa Beach. By
using 8th Street, the trucks are abiding by Hermosa Beach
Municipal Code section 19-111, traveling the most direct route.
Ticketing commercial vehicles would only complicate this issue,
and may even cause legal problems for the City. A possible
solution is to create a new truck route amicable to all parties.
Analysis
Vehicle Code section 35701, grants authority to cities and
counties to prohibit certain uses of streets. It reads:
(a) Any city, or county for a residence district, may, by
ordinance, prohibit the uses of a street by any commerical
vehicle or by any vehicle exceeding a maximun gross weight
limit, except with repect to any vehicle which is subject to
Sections 1031 to 1036, inclusive, of the Public Utilities
Code (busses).
(b) The ordinance shall not be effective until appropriate
signs are errected indicating either the streets affected by
the ordinance or the streets not affected, as the local
authority determines will best serve to give notice of the
ordinance.
(c) No ordinance adopted pursuant to the section after
November 10, 1969, shall apply to any state highway which is
included in the National System of Interstate and Defense
Highways, except an ordinance which has been approved by a
two-thirds vote -of the California Transportation Commission.
Case -authority on this subject has affirmed a local entities
authority toenforce commercial traffic for public welfare
reasons. However, it has been continuously upheld that a local
entity has gone too far when no aternative route is provided.
The leading and most recent case addressing this subject is
San Leandro Rock Company v. City of San Leandro (1982) 136 Cal
App 3d 25. In that case, the Court of Appeals held that a city
ordinance requiring gravel trucks to take an alternate route
that was potentially dangerous was unreasonable and maybe
considered a regulatory taking because substantial evidence was
shown that enforcement of the ordinance would force the company
to close.
The San Leandro case outlined the applicable precedents on
this subject; McCammon v. City of Redwood City (1957) 149 Cal
App 2d 421, Neary v. Town of Los Altos Hills (1959) 172 Cal App
2d 721, and Skyline Materials, Inc. v. City of Belmont (1961)
198 Cal App 2d 449. In the McCammon case, the court upheld a
city ordinance requiring quarry trucks to use an alternate route
on county and state roads, even though the alternate route was
6.25 miles longer including a grade that added a cost factor in
trucking operations. The court held that nearly all regulatory
provisions add burdens or inconveniences, but when not so
unreasonable as to be unnecessarily burdensome, all citizens
must yield for the general or common good. An added expense to
the business effected by such an ordinance is not unreasonable.
The court then stated, "appellants' trucks are not prevented
from delivering to any point inside or ouside of Redwood City.
It is simply that the hauling distance....is thereby increased
and results in increased expense."
In the Neary case, a city adopted an ordinance barring all
of its streets to all vehicles having a gross weight in excess
of 12 tons, virtually prohibiting the ingress or egress of
trucks belonging to a quarry within the city. Most pertinent
here, the court found the ordinance invalid because it was
confiscatory, and for that reason to constitute an unreasonable
exercise of the police power, because it failed to provide an
alternate route by which material could be removed from the
quarry.
The Skyline case addressed an ordinance that closed a
centrally located city road called Ralston Avenue to trucks over
eight gross tons claiming it was "unsafe", thus requiring
plaintiff's trucks to use a route which was five miles longer
and according to plaintiff more hazardous than Ralston because
it was steep and had a narrow bridge. The court found the
ordinance valid because it was within the legislative power to
adopt reasonable ordinances for the public welfare, and that it
was hot substantially shown that requiring the company to use
the alternate route was unreasonable or arbitrary.
Bymexamining the preceeding cases, two holdings become
apparent. First, for an ordinance to be valid an alternate
route has to be established. This alternate route does not have
to be even in the city, but it-does:have to be reasonable and
safe. (McCammon v. Redwood City,.supra.) Second, an otherwise
valid ordinance may be invalid as -applied to a particular
business if it deprives then of "substantially all use of his
land," so as to constitute."excessive regulation in violation of
the Fifth Amendment to the United Ststaes Constitution and arti
le I, section 19 of the California Constitution." (Agins v. City
of Tiburon (1980) 447 US 255) The McCammon-Neary-Skyline
trilogy suggests that a weight limitation ordinance which nas t
e effect of putting a rock quarry out of business by blocking
use of the only available route for delivery of its product is
similarly invalid. (San Leandro Rock Co. v. City of San Leandro
(1982) 136 Cal App 3d at 35)
Recommendation
The commercial traffic that travels on 8th Street does so
legally pursuant to the Hermosa Beach Muncipal Code because 8th
Street is the most direct route to their destination and there
is no other alternative. The City would be adding fuel to the
fire if it began ticketing these trucks. Further, it is
possible that litigation could occur over the issue of a
regulatory taking. Therefore, this office recommends that staff
research an appropriate alternative to usage of 8th Street and
the City Council adopt an acceptable truck route for everyone
concerned.
( \Respectfuly submitted,
JAS P. LOUGH, City Attorney
///C OF HERMOSA BEACH
NOTED:
6-7
` , I fes, t, -<1 r_ —
GAYLEJMARTIN, City Manager
L15/TKS
November 3, 1987
Honorable Mayor and Members of City Council Meeting of
the Hermosa Beach City Council November 10, 1987
REPORT AND RECOMMENDATION REGARDING ENFORCEMENT OF PROHIBITION
AGAINST TRUCKS ON 8TH STREET BETWEEN PACIFIC COAST HIGHWAY AND
ARDMORE AVENUE.
RECOMMENDATIONS:
It is recommended that City Council:
1. Direct the Police Department to initiate a neighborhood
meeting in the impacted area in an effort to discuss the
problem with concerned citizens.
2. Receive and file this report.
BACKGROUND:
Staff was directed to prepare a report and make recommendations
regarding truck traffic on 8th Street between Pacific Coast
Highway and Ardmore Avenue.
ANALYSIS:
Periodically this issue generates complaints from residents in
Hermosa Beach.
On December 16, 1986 the Hermosa Beach City Council enacted
resolution No. 86-4999 modifying and establishing our current
truck route system which consists of (1) Artesia Blvd., (2)
Pacific Coast Highway, (3) Aviation Blvd., (4) Pier Ave. Trucks
may only travel these routes with the exceptions delineated in
Hermosa Beach Municipal Code Section 19-111 (Certain Trucks to Use
Only Truck Routes; Exceptions). Basically these exceptions are as
follows:
(1) The operator of a vehicle exceeding a maximum gross
weight of three tons shall not be prohibited from coming from
a "truck route" having ingress and egress by direct route to
and from restricted streets when necessary for the purpose of
making pickups or deliveries of goods, wares and merchandise
from or to any building or structure located on such
restricted streets or for the purpose of delivering materials
to be used in the actual and bona fide repair, alteration,
remodeling or construction of any building or structure upon
such restricted streets for which a building permit has
previously been obtained therefore.
(2) Passenger buses under jurisdiction of the Public Util-
ities Commission.
(1)
(3) Any Vehicle owned by a Public Utility while necessarily
in use in the construction, installation or repair of any
public utility.
(4) Any vehicle owned or operated by the city or its agents
in the performance of a service or repair or for other
purposes requiring the use of the streets.
As indicated there are a number of exceptions to truck travel on
the truck route system only. As 8th St. is one of two Hermosa
streets that cross the railroad right-of-way south of Pier Ave.
it becomes by necessity a direct and closest route from P.C.H. to
the south west quadrant commercial corridor located on Valley
Dr., Cypress Ave. and 6th Street.
Trucks servicing this area are not in violation when utilizing
8th St. for ingress and egress to this area. Although 8th St. at
Ardmore for eastbound traffic is posted "NO TRUCKS", this posting
is somewhat deceiving as the exceptions in H.B.M.C. 19-111 apply
and that by direct and closest route can only utilize 8th Street.
CONCUR:
A
Plrms-
Steve Wisniewski
Public Safety Director
!,4:7 h�
Gayle T. Martin
Interim City Manager
(2)
Res•ectfully submitted,
L
ohn J. M biu's1, Captain
Operations Division
Hermosa Beach Police Department
Div. 15 r. r-651 -- nA
Decreases by Cities ::1:7:7,17°-:1-').4Z,17?'t'Vstriagx3"..i4iArt•ss{:.v ,1., rotfrr_:ey.
35701. • (a)- -Any city; orcoantyfora residence distrroe may;hy ordinance;
prohibit the use of a 'street by -any commercial -vehicle or -by any vehicle
exceeding a maximumgross weight limit, except -with respect to -any -Vehicle •
-which is subject to Sections 1031 to 1036, inclusive, of the Public Utilities
. Code. = .;-:v.._L,.::.:;71,:cvii:+:'tA;};efJ. /:.•''_i?1'L'.:4,)ii a0 ',Jima In)it' `h* D?
(b) The • ordinance shall not:- be effective'•until'a prop=tate=signs •ate -
erected indicating either the streets affected by the ordinance or the streets ' •. ••-
not affected; as the local 'authority determines will -best serve le give'notice
of the ordinance'- =
:k-:'� 'ittp t -e -•3a. ac u 4af4�mti• ai_ f--rari iso .
-'- (c)°'No ordinance adopted- ursuantothis&iafterNoveniber-1U
-
1969, shall 'apply 'to:any state waywhich isincluded=in :the -National ' '
Systemof Interstate and Defenseghways, exceppt an ordinanceiwhich has--
been approved by a"two-thirds-yote :of the 'CaliforniaiTranspo
Commission.:-_ •.._,- _^::r Transportation
.. ,<` � a�s<,1F.�:rr�+�r-v'�-vavTi133tfi�a;]?`..i::�i_oi:R��:'i7#niY=e.•r ��,:-.:
Amended Ch. 1365, Stats. 1969. Effective November 10, 1969. ` 't -r r `�' fgi:i.:-;..;-.-• -
.: . Amended Ch. 622, Stats 1980 Effective anuary1, 1981:•'�' '`-j; ,'',;,..:-!1*'•t f,' bt'st;na '''''
Amended Ch. 681, Stats..1982. Effective January 1,1983.•: ,•tiy ►1., ,,i.re rt^,c.t'` _ ;
• . Amended Ch. 1378, Stats 1986. Effective January 1,1987„ .:. .iSi - -eili T 9 .f7t;Ti.r63't°1
• - the 1986 amendment added the italicized
_ material:-• .
• Approval of Ordinance ; :r..,,-L.ri. �.;.:.,ti i:rt;: 13 y. :�; {:ti:,,, .
i• f icr:, .ii__...viiA�•. iii):'}:. �;a�.: L....•-.yt:'.'--
i .: 35702. No ordinance proposed -under Section. 35701 iso effective- with
N respect to any highway which is not under the exclusive jurisdiction of the
local authority enacting the ordinance, or, in the case of any state highway',
•
until the ordinance has been submitted by the governing body'of the local"• authority to, and approved in writing by, the Department of Transportation:
I, In submitting a proposed ordinance to the -department -for -approval; -the
governing body of the local authority shall designate therein; an al.ornate
route for the use of vehicles, which route shall remain unrestricted by any
rf local 'regulation as to- weight limits or types of vehicles: so ' long -as ;the
•
ordinance proposed shall remain in effect. The approval of: the' proposed
f ordinance by the Department of Transportations shall constitute an approval
by it of the alternate route so designated. No such ordinance which applies : .
t to any state highway included in • the- national • system -of _interstate .and
• defense highways, shall subsequen�t�lyy be disapproved until such disapproval.-
, has been concurred in by,a four-fifths rote of the California Transportation ..
.: Commission:• •
'' ' fc i b• • a. a ;ici:a�.irira=.J or:.? aniatrl�,
Amended Ch. 1365, Stat .'1969. Effective November 10, 1969'-fr J; iii..; ' ill' ::..: ,; 5•'7
.. -'Amended Ch. 545, Stats. 1974. Effective January 1; 1973 `
Amended Ch. 622, Stats 1980. Effective January1, 1981'.---';' T'.= F; r`r� •r*-=-' :.I(Y.J*,:::
J Commercvo/ Vehicles • • - .rlOJ,:;ur, 1I L= :rla: _i.r;'•
. • ` •'-.,i-•:na,oaR'»:,.:,i.:•1 "!at.1 •::: •:_:rY' ..i.:1-1.•:,-,1,..:1.1` .:
35703. No ordinance adopted pursuant to Section 35701 shall prohibit any
I commercial vehicles coming from an unrestricted street havingingress
egress by direct route to and from a restricted street when necessary' an for the
purpose of making pickups or deliveries of goods; wares, and merchandise
from or to any building or structure located on the restricted -street or for
the purpose of delivering materials to be used in the actual and bona fide
( repair,' alteration, remodeling, or construction of any building or structure
tupon the restricted street for which a building permit has previously been
i obtained. • _ ., ; .,: ,., .-, •,;• .., • .: .
'; i:.. • . ••Public Utility Construction or Repair Vehicle- b -:=,•, •'.. :•5.• -•-
cc
i 35704. _ No ordinance • adopted by • a'cityto decrease weight )units_ shall
r apply to any vehicle owned by a public utility or a licensed -contractor while
necessarily in use in the construction; installation, or repair of any public
i utility......,..... .. ..1. -:-;./ti.:, ..,‘:!:•,:,-.•••• a:y' • .. ' -
1 '-Amended Ch. 307, Stats 1959.- Effective September 18, 1959.i:'�:\f-'„-tt`-'i {2srr-'-.''''
November 16, 1987
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council November 24, 1987
AUTHORIZATION TO REBID ON
PIER GROUNDING REPAIRS, CIP 85-203
Recommendation:
It is recommended that City Council authorize staff to
re -advertise for bids for the Pier Grounding Repairs (CIP 85-203)
and issue addenda as necessary.
Background:
On June 23, 1987, City Council approved the FY 87-88 Capital
Improvements Budget for repairs on the Hermosa Beach Municipal
Pier; including the grounding system and lights.
On March 28, 1987, staff contracted with Ronald Nisbett
Associates (RNA) to report on the condition of the grounding
system. This report (which, including photographs is on file in
the Public Works Department) indicates that the original
grounding system is virtually missing, and is in need of
replacement. RNA then developed design drawings and installation
procedures which have been incorporated into the Plans and
Specifications for CIP 85-203, and are on file in the Office of
the City Clerk.
On October 13, 1987, City Council authorized staff to advertise
for bids for repair of the Pier grounding system, and to issue
addenda as necessary.
Analysis:
A Notice Inviting Bids was published in local newspapers and
trade journals, and Plans and Specifications were sent to six
contractors. There were no bids received on the bid due date,
November 6, 1987. The remainder of this analysis is divided into
the following sections:
The Non -Responsiveness of Bidders
Revised Specifications
Fiscal Impact
Summary & Conclusions
Other Alternatives
I. The Non -responsiveness of Bidders
Although there were no official bidders on this project, one bid
was received 11 minutes late, and was returned unopened. Staff
contacted the remaining 5 planholders to determine why they
1
ly
didn't bid. Two contractors were not interested in taking on
another project at this time. The other 3 contractors indicated
the following concerns which may have prevented them from
submitting a bid:
a. Unknown variables. A Time and Materials contract, rather
than the specified Lump Sum contract might be more
appropriate in this case, due to the unknown variables
involved, including soil conditions, rough seas, etc.
b. Availability of materials. Although local supplier's and/or
manufacturer's names legally cannot be included in the
Specifications, materials availability and suppliers could be
discussed at a pre-bid conference.
c. Specialized nature of the work. The planholders for this
project were professional diving contractors, most of which
were unfamiliar with the City's competitive bidding
requirements.
II. Revised Specifications
After discussing the non -responsiveness of the bidders with all
planholders and the designer (RNA), staff revised the
specifications to reflect the following:
1. Agreement to be based on a Time and Materials, Cost Not to
Exceed fee, rather than a Lump Sum fixed fee.
2. Agreement to specify 30 working days, rather than 30 calendar
days, so that contractor is not penalized for unforeseen
weather conditions. (Days with bad weather or rough seas are
not considered "working days").
3. All bidders will be required to attend a pre-bid conference
to familiarize themselves with the project, the City's
bidding requirements, and the availability of the materials.
III. Fiscal Impact
There is no fiscal impact at this time.
IV. Summary
Staff recommends authorization to re -bid the project, with the
revised specifications. This may result in the following:
1. Receipt of bids, due to planholder's enhanced understanding
of:
a. City's bidding requirements,
b. availability of materials, and
c. scope of work required.
2. Payment of services based on a.Time and Materials fee with a
cost not to exceed for 100% completion (rather than a lump
2
sum fee), may result in a lower cost to the City. With a
Lump Sum contract, the contractors told us they inflate
their bid to protect against a "worst-case" situation. A
Time and Materials contract would compensate the contractor
for only work performed up to the cost not to exceed.
V. Other Alternatives
c. Other alternatives considered by staff and available to
Council are:
1. Re -bid the project using the original plans and
specifications.
1. Drop the project.
2. Modify the scope of work.
Re/s'pectfully submitted,
7
Deborah M. Murphy
Assistant Engineer
C
cur:
fi
Gayle ) . Martin
Interim City Manager
fi
DMM:mv
pgr/m
Concur:
Attachment: Exhibit A - Project Schedule
114 AAn 'ony Antich
Director of Public Works
CONSTRUCTION SCHEDULE
PROJECT NAME : Pier Grounding Repairs
ACCOUNT NUMBER : CIP 85-203
LEGEND
TENTATIVE SCHEDULE : ® o m m a
ACTUAL SCHEDULE
X : 100% COMPLETE
1
.i,
,� S JAN FEB MAR 1 APR 1 MAY JUN JUL 1 AUG I SEP I-LOCT -I -NOV-I DEC I
4TASK i
iir
..0 Final design approval before advertising I•"II 1
!' W for construction I_I I I 1 1
1
Prepare advertisement & set bid opening I I
date 1 1 1_ 1 1 14111 I
Advertising period i__,��
(issue addendums as necessary) I 1 1 1,_ __I
Accept sealed bids & public bid opening
1988. 988.
1
1 I------� I
Review bids Jw _I
I I I 1
Award contract
I ----� ierr-- I
Sign contract
(bonds,insurance & workers comp. cert.) ■ 1 1
Preconstruction meeting procedure
Issue "Notice to Proceed"
Construction Period
Monitor progress & maintain records
Progress payment and
change order procedure
Acceptance of work as complete
Issusing and recording a
"Notice of Completion"
Retention Payment
Project closeout
a
1 -rte"
1 1 1
1------1 I I I
I 1 1------1 1
■iii
NINNIES 1 1 1 1
I I I I
I__ier 1 1 1 1 1
I lir I 1 I 1 1
11- ---I 1 1 1 1 1
I 1 `m I 1 I I I
1 1 1 1 1 1 I 1 ,
7 H
4.
•
November 17, 1987
City Council Meeting
November 24, 1987
Mayor and Members
of the City Council
ORDINANCE NO. 87-908 - AN ORDINANCE OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ESTABLISHING REGULATIONS FOR VESTING TENTATIVE
MAPS.
Submitted for waiver of further reading and adoption is Ordinance
No. 87-908 relating to the above subject.
At the regular meeting of November 10, 1987, this ordinance was
introduced by the following vote:
AYES: Cioffi, DeBellis, Rosenberger, Williams, Mayor Simpson
NOES: None
ABSENT: None
ABSTAIN: None
Ka hleen Midstokke, City Clerk
Concur:
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ORDINANCE NO. 87- 908
N ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
STABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS.
WHEREAS, the City Council held a public hearing on this
atter on November 10, 1987 to receive oral and written testimony
n this matter and made the following Findings:
The State law requires that all cities have provisions for
vesting tentative maps;
The proposed ordinance is in compliance with State
requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING ORDINANCE
REGULATING VESTING TENTATIVE MAPS:
ECTION 1. Add the following section to Chapter 29.5, Article
II, Subdivision.:
Title: "Section 29.5-16 Vesting Tentative Map.
A. Purpose. It is the purpose of this ordinance to
establish procedures necessary for the
implementation of the Vesting Tentative Map
Statute, and to supplement the provisions of the
of the Subdivision Map Act and the Subdivision
Ordinance. Except as otherwise set forth in the
provisions of this ordinance, the provisions of
the Subdivision Ordinance and State Subdivision
Map Act shall apply to the Vesting Tentative Map
Ordinance.
B. Consistency. No land shall be subdivided and
developed pursuant to a vesting tentative map for
any purpose which is inconsistent with the General
Plan and any applicable specific plan or not
permitted by the Zoning Ordinance or other
applicable provision of the municipal Code.
C. Filing and Processing. A vesting tentative map
shall be filed in the same form and have the same
contents, accompanying data and reports, and shall
be processed in the same manner as set forth in
the Hermosa Beach Subdivision Ordinance for a
tentative map except as hereinafter provided.
1. At the time a vesting tentative map is filed, it
shall have printed conspicuously on its face,
the words "Vesting Tentative Map'.
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2. At the time a vesting tentative map is filed, a
subdivider shall submit a complete application
as set forth by Planning Commission resolution.
D. Fees. Upon filing a vesting tentative map, the
subdivider shall pay the fees required by the
method of determining fees for the filing and
processing of a tentative map.
E. Expiration. The approval or conditional approval
of a vesting tentative map shall expire at the end
of the same time period and shall be subject to
the same extension established by the Subdivision
Ordinance for the expiration of the approval or
conditional approval of a tentative map.
F. Vesting on Approval of Vesting Tentative Map.
1. The approval or conditional approval of a
vesting tentative map shall confer a vested
right to proceed with development in substantial
compliance with the ordinances, policies, and
standards described in the State Subdivision Map
Act.
2. Notwithstanding subdivisin, a permit, approval,
extension, or entitlement may be made
conditional or denied if any of the following
are determined:
a. A failure to do so would place the residents
of the subdivision or the immediate
community, or both, in a condition dangerous
to their health or safety, or both.
b. The condition or denial is required in order
to comply with State or federal law.
3. The rights referred to herein shall expire if a
final map is not approved prior to the
expiration of the vesting tentative map as
provided in Subsection E. If the fianl map is
approved, these rights shall last for the
following periods of time.
a. An initial time period of one (1) year.
Where several final maps are recorded on
various phases of a project covered by single
vesting tentative map, this initial time
period shall begin for each phase when the
final map for that phase is recorded.
b. Theinitial time period set forth in 3a.
shall be automatically extended by any time
used for processing a complete application
for a grading permit or for design or
architectural review, if such processing
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exceeds 20 days, from the date a complete
application is filed.
c. A subdivider may apply for a one (1) year
extension at any time before the initial time
period set forth in 3a. expires. If the
extension is denied, the subdivider may
appeal that denial to the legislative body
within 15 days.
d. If the subdivider submits a complete
application for a Building Permit during the
period of time specified in subdivisions
(a) -(c), the rights referred to herein shall
continue until the expiration of that permit,
or any extension of that permit."
BSECTION 2. Add to Chapter 29.5, Article I, Section 29.5-01,
9 Definitions.:
10 3. "Vesting Tentative Map.
11 A map for a residential subdivision, as defined in
the Hermosa Beach Subdivision ordinance, that
12 shall have printed conspicuously on its face the
word "Vesting Tentative Map: at the time it is
13 filed in accordance with Section 29.5-16.6, and is
thereafter processed in accordance with the
14 provisions hereof."
l ECTION 3. This ordinance shall become effective and be in full
force and effect from and after thirty (30) days of
16 its final passage and adoption.
17SECTION 4. Prior to the expiration of fifteen (15) days after
the date of its adoption, the City Clerk shall cause
18 this ordinance to be published in the Easy Reader, a
weekly newspaper of general circulation published and
19 circulated in the City of Hermosa Beach, in the
manner provided by law.
20SECTION 5. The City Clerk shall certify to the passage and
21 adoption of this ordinance, shall enter the same in
the book of original ordinances of said city, and
22 shall make minutes of the passage and adoption
thereof in the records of the proceedings of the City
23 Council at which the same is passed and adopted.
24 PASSED, APPROVED, and ADOPTED this day of November,
1987.
25
26 PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California:
2 ATTEST:
28
CITY CLERK
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PROVED AS TO'1FORM:
A,„„c„
CITY ATTORNEY
4
November 17, 1987
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of November 24, 1987
REPORT REGARDING REQUEST FROM LOS ANGELES COUNTY TRANSPORTATION COMMISSION
RECOMMENDATION:
It is recommended that City Council:
1. Receive and file this report.
2. Adopt the attached resolution as requested by the Los Angeles County
Transportation Commission and send a certified copy to the LACTC.
ANALYSIS:
The Los Angeles County Transportation Commission desires to establish a Service
Authority for Freeway Emergencies (SAFE).
The program will be aimed at improving response times to motorists in need of
assistance on the freeway system; keeping all emergency call boxes in good
working order on the freeway system; and installing an additional 1,376 new call
boxes along the freeways.
On January 1, 1986, SB 1199 became effective, enabling counties and their cities
to address these areas by forming a Service Authority for Freeway Emergencies
(SAFE). If a county and its cities choose to form a SAFE, the Department of
Motor Vehicles collects an additional one dollar per year on all vehicles
registered in the county. these funds go to the SAFE, to be used for call box
system improvements. If a Los Angeles County SAFE is formed, they plan to eli-
minate the current problems, and upgrade the entire system. This would make Los
Angeles County's highways safer.
'The Los Angeles County Transportation Commission has requested that each city
adopt a resolution supporting a Service Authority for Freeway Emergencies (SAFE).
ayl )T. Martin, Interim City Manager
Attachment
Steve S. Wisniewski
Director of Public Safety
2b
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RESOLUTION NO. 87-
A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA DECLARING
SUPPORT FOR ESTABLISHMENT OF A SERVICE AUTHORITY FOR FREEWAY
EMERGENCIES.
WHEREAS. Chapter 14 of Division 3 of the Streets and High-
ways Code provides for the establishment of a Service Authority
for Freeway Emergencies (SAFE) if the Board of Supervisors of the
county and a majority of the cities within the county having a
majority of the population adopt resolutions providing for the
establishment of the authority, and
WHEREAS, the Hermosa Beach City Council finds that the
motorist aid system for call boxes benefits all motorists; and
WHEREAS, the Hermosa Beach City Council finds this system
needs a number of improvements, such as installation of addi-
tional phones, improved response time, better maintenance, and
implementation of recent technological advances; and
WHEREAS, the Hermosa Beach City Council finds that these
improvements are needed to ensure the safety of all motorists;
and
WHEREAS, SAFE will have responsibility for the motorist aid
system in the Los Angeles County region;
NOW, THEREFORE, IT IS RESOLVED AND ORDERED, that the City
Council of the City of Hermosa Beach, hereby supports the estab-
lishment of a Service Authority for Freeway Emergencies in Los
Angeles County pursuant to Section 2550 of the Streets and High-
ways Code, with authority to expend funds for any use as allowed
by law.
BE IT FURTHER RESOLVED, that the City of Hermosa Beach,
supports designation of the Los Angeles County Transportation
Commission as the Service Authority for Freeway Emergencies in
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the County of Los Angeles.
PASSED, APPROVED and ADOPTED this day of
1987.
ATTEST:
APPROVE
PRESIDENT of the City Council, and MAYOR of the
City of Hermosa Beach, California
, CITY CLERK
D AS TO FORM:
, CITY ATTORNEY
t
4,
LACTC
November 6, 1987
Dear City Manager:
Service Authority for Freeway Emergencies
Los Angeles County
Transportation
Commission
403 West Eighth Street
Suite 500
Los Angeles
California 90014-3096
(213) 626-0370
The enclosed packet was recently sent to the Mayor of your city.
The packet describes the need for improving the county's call box
system, and recommends that your city adopt a resolution approving
a Service Authority for Freeway Emergencies (SAFE), which could
provide the necessary improvements.
I would appreciate your including this item on your Council's
agenda. When this item comes to the Council, please give each
Councilmember copies of the enclosed explanatory material. Once
the resolution is approved, please send a certified copy to me
at the LACTC offices.
If you have any questions, please contact me, or Peter De Haan
of my staff, at (213) 626-0370. Our staff would be happy to make
a presentation to your city, if it is necessary.
Thank you very much for assisting our efforts to provide a safe
and efficient call box system.
Sincerely,
GINGER GHERARDI, Manager
Highway/TSM Programs
GG:PDH:me
SAFE3
November 9, 1987
Dear Mayor:
LACC
SAFE = Service Authority for Freeway Emergencies
What does SAFE mean to your city? Right now,
probably not much. But... have you ever had a
stalled car on the freeway and simply walked over
to a nearby call box to get help? Have you ever
used a call box to notify the CHP of an emergency
on the freeway? If so, SAFE is important to you
and your city. But to form a SAFE, we need to
obtain approval from a majority of cities having a
majority of the county's population. We therefore
ask that you provide each member of your City
Council with a copy of the enclosed explanatory
material, and introduce the enclosed resolution to
your City Council for approval.
Do we really need a SAFE? In Los Angeles County we
are very fortunate to have a call box system --not
many other states or counties have such a setup.
But our system is in need of improvement, as
follows:
o We need to improve response time.
Completion of a non -emergency call to the
CHP can take up to forty minutes, due to
the fact that staffing and equipment at
the CHP dispatch center are very
overloaded.
o We must keep all callboxes in good
repair. Approximately 10% of the 3600
call boxes are out of order at any given
time, and in some areas, up to 50% of the
phones are not working during a given
period of time.
o 1,376 new phones are needed to complete
the system.
On January 1, 1986, legislation (SB 1199) became
effective, enabling counties and their cities to
address these problems by forming a Service
Authority for Freeway Emergencies (SAFE). If a
county and its cities choose to form a SAFE, the
Los Angeles County
Transportation
Commission
403 West Eighth Street
Suite 500
Los Angeles
California 90014-3096
(213) 626-0370
COMMISSIONERS
AND ALTERNATES
TOM BRADLEY
CHAIRMAN
Mayor
City of Los Anae,es
RAY REMY, Alt.
KENNETH HAHN
VICE CHAIRMAN
Supervisor
Los Angeles County
WALTER KING, Alt.
PETER F. SCHABARUM
Supervisor
Los Angele: Cour.
BLAKE SANBORN, Alt.
EDMUND D. EDELMAN
Supervisor
Los Angeles County
ROBERT GEOGHEGAN, Alt.
DEANE DANA
Supervisor
Los Anaeies
BARNA SZABO, Alt.
MICP 4EL D. ANTONOVICH
Supervisor
Los Angeles Count
JOHN T. La FOLLETTE, Alt.
MICHAEL WOO
Counolm'
C't‘ of Los Anoe'e:
HON. PAT RUSSELL, Alt.
EDD TUTTLE
Councilman
City of Long Beac. .
HON. RAY GRABINSKI, Alt.
JACKI BACHARACH
Councilwoman
City of Rancho Palos Verdes
HON. HAROLD CROYTS, Alt.
CHRISTINE E. REED
Council .s'omar
City of Santa Mon'ca
HON. ROBERT WHITE, Alt.
MARCIA MEDNICK
Citizen Representative
City of Los r -
DONALD WATSON
Ex -Officio Memoer
State of California
RICK RICHMOND
Executive Director
SAFE
November 9, 1987
Page 2
Department of Motor Vehicles (DMV) collects an additional one
dollar per year on all vehicles registered in the county. These
funds go to the SAFE, to be used for call box system improvements.
If a Los Angeles County SAFE is formed, we will be able to
eliminate the current problems, as well as upgrade the entire
system. This will make Los Angeles County's highways better and
safer.
If you have any questions, please contact Ginger Gherardi of LACTC
staff at (213) 626-0370. LACTC would be happy to make a
presentation to your city, if it would be helpful. After your
City Council has approved the enclosed resolution, please send a
certified copy to LACTC.
Thank you very much for your time and cooperation.
Sincerely,
c t 42.wJL,
CKI BACHARACH
Commissioner
League of California
Cities Representative
CHRISTINE E. REED
Commissioner
League of California
Cities Representative
Call Box System
Upgrade
» Upgrade existing system
etre Add 850 freeway call boxes
amom Add 526 state highway call boxes
Ave. M
Saugus
X104
(1,376 new call boxes)
fr6 ,®soi No au 61
\. a26� 11& I
2 �,� I
w � it h-
1 Van Nuys ;, Burbank ik
lot :O
J if
Pasadena D� /
i 270 /
// + A lo� Azusa .A42 IN-/
s/ '/ P Hollywood �� a mi w si
194> 3r �` /
Santa
Monica
Whittler
Green dotted lines refer to freeways not yet funded. Blue dotted lines
refer to call boxes at turnouts only, rather than at quarter -mile intervals.
LAC
Los Angeles County
Manspoctatlon
Commisslon
403 West Eighth Street
Suite 500
Los Angeles
California 90014
(213) 626-0370
What A One Dollar Yearly SAFE Fee Will Get You:
o 1,376 new phones to complete the system
o Constant monitoring of equipment in the system for
system malfunction
o Faster repairs of malfunctioning call boxes
o Additional CHP dispatch personnel
o Faster response time
o A device on each phone to automatically identify the
location of the phone
o Turnouts where the freeway has been restriped, so that a
phone may be installed with the caller's safety in mind
o A sound hood on each phone to decrease freeway noise while
making a call
o A device on each phone that would allow the CHP operator to
ring the call box in case it is necessary to report changes
in response for assistance
o $1.2 million of gas tax money now used to pay for the call
boxes would be available to the county each year for
additional road repairs
o $1.2 million of CHP revenues now used for call boxes would be
available each year for law enforcement
LACTC
FACTS ABOUT ESTABLISHING A "SAFE" IN
LOS ANGELES COUNTY
BACKGROUND
Los Angeles County
Transportation
Commission
403 West Eighth Street
Suite 500
Los Angeles
California 90014-3096
(213) 626-0370
The Los Angeles County call box system consists of approximately
3,600 freeway call boxes connected to the CHP central dispatch
center via telephone lines. On most freeways the phones are
spaced at 1/4 mile intervals; however, in some areas without phone
lines no call boxes have been installed. Currently those gaps
exist on the Antelope Valley, Golden State and Simi/San Fernando
Valley Freeways. When the Glenn Anderson (Century), Route 30 and
Corona Freeways are completed new call boxes will have to be
installed on them. Today, through the use of cellular and radio
technology, it is feasible to also install call boxes on more
remote state highways that attract a lot of recreational traffic,
suc1 as the Pacific Coast Highway, Route 138, the Angeles Crest
Highway, San Gabriel Canyon Road (39) and others. To complete the
call box system at least 1,376 new call boxes will be needed.
The call box system is owned and maintained by the County
Department of Public Works. Approximate annual operating and
maintenance costs to the County are as follows:
Number of Operating Operating Maintaining Maintenance
Phones Company Cost Company Cost
1,990 Pac Bell $372,000 Volt $235,000
1,582 General $195,000 Omni $160,000
The County is currently using gas tax money to pay the $962,000
annual operating and maintenance costs. In addition, the
county is paying $190,000 per year for phone replacement and
$45,000 per year for administration, also from gas tax funds.
Obviously, this money could be used for roads. The cost of
installing new phones has also been borne by the County. Each
hardwire phone unit costs approximately $20,000, while the
cellular or radio phones cost about $5,000. However, the
operating costs for cellular or radio phones are more than twice
as much as for conventional hardwire phones. Cellular or radio
phone units are most appropriate to the outlying areas of the
County, where it is not feasible to set up phone lines, but where
communication should be available.
SAFE Facts
Page 2
Caltrans is responsible for installing and maintaining call box
signs and for call box site development and maintenance. Their
annual costs of approximately $50,000 would also be borne by the
SAFE.
The California Highway Patrol (CHP) is responsible for answering
all freeway telephone calls at their communications center, paying
long distance charges for these calls when applicable and
providing input to locating new or relocating existing phones as
needed. The CHP spends about $800,000 annually for staffing and
equipment and about $400,000 annually for long distance charges.
Currently the CHP is not reimbursed for their costs in Los
Angeles County. Depending on the CHP's load, non -emergency calls
are normally completed within 5-25 minutes. In poor weather,
however, the call can take up to 40 minutes.
The call box system currently handles an average of 1,700 calls
per day. Each motorist may, at any time, find themself in a
situation where they need to use a call box. In addition,
congestion is reduced through the timely removal of disabled
vehicles, because lane blockages and "gawker's block" are
eliminated. Therefore, an improved call box system will provide a
benefit for each motorist. The Los Angeles County Transportation
Commission, the California Highway Patrol, and the Countywide
Criminal Justice Coordinating Committee agree that improvements
are needed.
CREATING A SAFE
In 1986 SB 1199 (Craven) was enacted into law to permit County
Boards of Supervisors, joined by a majority of the cities having a
majority of the population, to establish a Service Authority for
Freeway Emergencies (SAFE). The SAFE would collect a $1 vehicle
•registration fee surcharge to fund operation and improvements to
the motorist aid system for call boxes. SB 202 (Bergeson)
provides for the Los Angeles County Transportation Commission to
be designated as the SAFE.
The fees collected by a SAFE can only be used for the implemen-
tation, maintenance and operation of a motorist aid system for
emergency call boxes on the California Freeway and Expressway
System and on State Highway routes that connect segments of the
system. These funds cannot be used for any other type of road -
related activity. A fee of $1 per registered vehicle per year in
the County would annually yield approximately $3 million more than
current operating expenses. This money could be used to upgrade
the existing telephones, provide noise shelters, and fill in the
SAFE Facts
Page 3
existing gaps. These funds could also be used to provide
additional funding to the CHP for more equipment and increased
manpower levels, to finance call box site improvements, to make
the phones usable by the handicapped and for other system -related
projects, such as a call box information program. In addition,
the Department of Motor Vehicles (DMV), who is responsible for
collecting and distributing the fees imposed by the SAFE, would
deduct approximately 1% of the fees collected for its
administrative and overhead costs.
As the SAFE, the Los Angeles County Transportation Commission,
working with the County Department of Public Works, would write a
plan for implementing improvements to the call box system, as
required by State law. The SAFE will most likely contract with
the County Department of Public Works to maintain the system and,
as required by Statute, contract with the CHP for their services,
thus enabling money currently spent on the system to be used for
roads and law enforcement. The SAFE will also reimburse Caltrans
and the DMV for all services they provide.
HOW THE REVENUES ARE COLLECTED
Vehicle owners are notified that a $1 surcharge for the call box
system has been added to their vehicle registration fee.
Approximately $6 million dollars a year will be generated in Los
Angeles County.
SAFE
estsafe
MICHAEL P. LAWTON
1840 HERMOSA AVENUE
HERMOSA BEACH, CALIFORNIA 90254
SUPPLEMENTAL
INFORMATION
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1840 HERMOSA AVENUE
HERMOSA BEACH, CALIFORNIA 90254
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Howard L. Longacre
1221 Seventh Place
Hermosa Beach, Ca. 90254
Current and New Members of the Council
City of Hermosa Beach
City Hall
Hermosa Beach, Ca. 90254
Re: Interpretation of an R3 -Medium Density zoning criteria.
Ladies and Gentlemen of the Council:
First off, welcome and congratulations to the new members of our
council, and best wishes to our departing members. Thanks to all
for your service to the community.
I am writing to you to reflect a great concern I have regarding
what I view as a subtle, continuous, and insidious erosion of the
value of a 30 x 100 property I purchased aproximately thirteen
months ago specifically to build a single-family home on and
to then occupy. The property is located at 1622 Hermosa Avenue.
I have been an adult resident of Hermosa Beach and Manhattan Beach
continuously since 1967. (Twenty years) I have been coming to
the beach here for over thirty years. I currently own and occupy
a home in the Hermosa hills area.
While it would appear to me that the council has a great concern
for density reduction which I also share, there seems to be an
attitude to change zoning criteria carte -blanche without the owners
of the properties in question having much idea of what is happening
until after the fact.
Some thirteen months ago in October of 1986 I purchased the property
at 1622 Hermosa Avenue with the clear intention to build a new
single-family home to live in. The property currently has a very
small and very run-down sixty-five year old dwelling on it.
Prior to buying the property I checked carefully with the city
building and planning departments. In both departments I indicated
that because most all of the surrounding properties were multi -unit
and condo -type and built up to the 35 foot limit of the R3 zone
I wanted to know that the code with respect to height and
levels would be available to me. I was assured as best one could be
assured that the height and levels criteria would be available and
that due to Coastal Commission and general plan requirements,
condominiums were out of the question. However a duplex would
still be OK. I indicated that a duplex was not my desire. Just
a single-family home, but that due to most all of the surrounding
blocks having buildings already built to the 35 foot height my
home should have that design criteria possible also. I was
assured that there was no problem. That the R3 -Medium density
design criteria for height and levels was there and available.
SUPPLEMENTAL
INFORMATION
5
Then as I got to the point of firming up my home's
design I again for the last two months talked on various
occasions with inspectors Norbert and Harold, and Director Mr.
Bill Grove of our city building and safety department regarding
my design and again reviewing the 35 foot height limit, levels,
and setbacks to be sure I was in compliance. Again I was
reassured and mention was made that now while there had been some
discussion in the council on changing the zoning, that it had
been cleared up, and was unchanged. Then on 4 November 1987 while
filing my conceptual drawings with the city I was told the council
is again reviewing the idea of changing an R3 -medium density
designation to that of R2 or R3 -high density. This no doubt was
a great shock to me.
As members of the council I would like you at this time, to clearly
understand that I am fully in support of efforts to achieve a
particular quality of life here at the beach. Please remember I
have been an adult resident here for twenty years and have been
coming to this beach for over thirty years. I am not a newcomer.
However, when a property owner is striving to build himself a
single-family home of quality, will provide twice and more the
garage parking required, build it on a block of quite heavy
street noise where virtually 99% of the existing properties have
2, 3, and 4 units per lot, you would be most unfair, and I
believe imprudent to say he does not have at least the right to
achieve the same share of view everyone that came before did.
Should the council now feel that R2 zoning is mandated where R3 zon-
ing has been for so long, then I would hope due consideration would
be given to projects that have been in progress.
/(-47
Longacre
City Resident / Homeowner
P.S. If further studies or changes are to be made to the zoning
and or criteria in this regard, then I would hope that the council
approve a grandfathering of projects in progress and submitted
in concept, and I would hope that the date of such
grandfathering would provide for my project to proceed.
While in design for quite sometime, my concept
drawings which reflect accurately the home to be built
were submitted to the city 4 November 1987. I would hope your
decisions will be carefully considered, and that my project to
build a single-family home not be put in jeopardy. It definately
would be put in jeopardy if R2 building criteria came into play
on my particular property.
cc: City Attorney / Mr. James Lowe
Director of Building and Safety / Mr. Bill Grove
11-12-87
To the Hermosa Beach City Council,
Aly name is Fred Greene. My wife and I have been
living in Hermosa Beach since 1976. We have a six
year old daughter attending the first grade at Hermosa
Valley. We also have one on the way.
We bought a house on Bayview Dr. when we first
moved here. After a year or so the womar, across the
alley recieved permission to build a rental unit on
top of her garage. This quite effectively removed
our entire panoramic ocean view. We panicked and sold.
It has taken us this long to be able to buy a home in
Hermosa. We found a house that we can afford to buy
and fix it up so that we will enjoy living here even
more. We checked with the City of Hermosa Building
Dept. to see what we were allowed to do. We were told
that this property is zoned- R-2, low density. They
also said that this meant we could build a single
family dwelling thirty feet high. We were quite ec-
static because this meant that we could get our view
back again. Needless to say, we bought. While we were
in escrow I kept going back to the building dept. to
find out different things that I needed to do. I am
not using a builder. When we finally went to sign the
escrow papers I noticed the Report of Residential
Building Records stated that this property was zoned
R-1. I called the building dept. right then and there
from the escrow office. I read to them what I had and
what it stated. I waited on the phone and when he came
back he said the report was wrong and that I could still
go up thirty feet. This all happened at 4:00, Oct. 29th.
On Oct. 30th I paid out the money for the house and went
to the building dept. to check on a survey report. A
builder.. was ,here - discussing --what had, happened-
previous council meeting. This is how I found out about
the height change. Apparently, the change occurred, the
building dept. misinformed me,:and then- I boughtthe.house.
We Would like to stay a part of this community, but we
would like to be treated, fairly and we would like to be
kept informed as to what is happening in our city. S,'n
SUPPLEMENTAL
INFORMATION
5
GEOFFREY S. YAREMA
2160 Monterey Boulevard
Hermosa Beach, California 90254
November 18, 1987
Members of the City Council
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Ladies and Gentlemen:
It is my understanding that at your meeting on
November 24, 1987 you will be considering an ordinance that
would place a moratorium on any development exceeding the
more restrictive of the development standards set forth in
the applicable zoning ordinance or the general plan
designation. I am writing to urge that, if you pass such an
ordinance, you include a grandfather clause which exempts
conceptual plans submitted to the City's Building Department
on or before November 24, 1987.
I make this request because of the recent
experience I have had. After living in Manhattan Beach for
almost ten years, I recently decided to move to Hermosa
Beach and bought a beautiful home, of which I am very proud,
at 2160 Monterey Boulevard. In buying this house I was told
that I could build up to a 30 foot height limit. Before
closing escrow, I visited the Building Department and the
Planning Department of the City to confirm this
information. I spent over two hours with various persons at
both counters and was shown several maps, all of which
confirmed what I had been told -- that a 30 foot height
limit did indeed apply. I explained that I wanted to add to
the building's existing height, so I was given information
on how to submit plans, the type of survey that would be
necessary and other information. After receiving this
information, I closed escrow and retained a surveyor and an
architect to plan the addition. At substantial cost and in
reliance on City Staff information, the conceptual plans are
now complete and will be on file before the meeting. Only
in the last ten days I was told that, while my plans meet
5
SUPPLEMENTAL
INFORMATION
Members of the City Council
November 18, 1987
Page 2
all requirements of the applicable zoning ordinances, they
do not meet the standards of the general plan designation.
I was further told about the ordinance before you and
advised that it may stop my plans, absent an appropriate
grandfather clause.
I am very proud to be a new citizen of Hermosa
Beach and look forward to contributing to its vitality. I
sincerely hope you understand my individual predicament and
will see my request as reasonable under the circumstances.
If you have any questions, I will be in attendance at the
City Council meeting on the 24th. In the meantime, I can be
reached at work at (213) 612-7842 and at home at (213)
372-5314.
Very truly yours,
(e./t
eoffrey S. Yara
GSY:tjh
3524o/LA1
cc: James P. Lough, Esq.
t
Law Offices of James P. Lough
JAMES P. LOUGH
November 16, 1987
MEMORANDUM
CITY OF HERMOSA BEACH
30 NORTH RAYMOND AVENUE
SUITE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 792-4728
(818) 792-4776
REGULAR CITY COUNCIL MEETING OF NOVEMBER 24, 1987
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Amendment to Interim Ordinances Establishing
Moratoriums on the Issuance of Building Permits in
Inconsistent Areas
RECOMMENDATION: It is recommended that the City Council make a
policy decision as to whether or not to adopt the attached
ordinance by a four-fifths (4/5) vote.
BACKGROUND: On February 24, 1987, the City Council adopted a
moratorium which prevented the construction, in inconsistent
areas, of projects that did not meet the minimum density stand-
ards found in both the general plan and zoning code as applied
to the particular property. This moratorium was necessary while
the City cleared up its inconsistencies because of the decision
in Elysian Heights Residents Assn., Inc. v. City of Los Angeles
(1986) 182 Cal App 3d 21, which declared that building permits
must be issued based on zoning and not the general plan. This
moratorium was extended for 22 months by Ordinance No. 87-881 on
April 28, 1987.
Since the adoption and extension of this moratorium, several
projects have been submitted and approved in which the minimum
density standards are adhered to but all of the higher standards
for side yard setbacks, height and other criteria, besides den-
sity, are used based on the higher zoning of a particular prop-
erty. If the zoning on those properties is eventually lowered
to comply with the general plan, any buildings constructed using
the higher height or other standards would be nonconforming and
probably remain in existence for a long period of time. This
would perpetuate the inconsistency once the zoning standards are
lowered to those of the general plan.
ANALYSIS: The attached ordinance amends the original two ordi-
nances dealing with the moratorium issue. Here, language is
added to section two which deals with the problem when the zon-
ing is higher than the general plan. In those situations, the
19/SR1124A -1-
REGULAR CITY COUNCIL MEETING OF NOVEMBER 24, 1987
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Amendment to Interim Ordinances Establishing
Moratoriums on the Issuance of Building Permits in
Inconsistent Areas
Building Department would look to the general plan designation.
for the property in question. If the general plan designation
is low density, a building permit would only be issued based on
standards found in the R-1 zone. This is because R-1 is the
zone that is consistent with low density under section one of
the moratorium.
Under section four, the word density is removed from the
terms of the ordinance. By removing the word "density," any
project in question would have to meet all criteria including
height, setbacks and other development standards besides den-
sity. This can be accomplished when section two is amended to
set up an equivalency between the general plan and consistent
zoning classifications.
As with the previous ordinance and in keeping with the
general practice of the City, section seven contains a "grand-
father clause" which allows for projects in the pipeline to
continue. This clause has been added by the Council in the past
two previous moratoriums and its addition here is consistent
with that practice. If this section is removed, only those
persons who have received a building permit and have expended
substantial funds in reliance upon that building permit would be
allowed to build. Persons who have submitted plans and are
awaiting approval would not receive a building permit. This is
true even if they have already expended substantial funds for
the preparation of plans and are waiting City approval.
Section seven also removes the clause which exempts existing
buildings from the moratorium. This removal prevents a double
standard from occurring. If this clause were left in the ordi-
nance, persons could leave part of a building standing and not
be subject to the moratorium.
Finally, this ordinance will become effective upon passage
by a four-fifths (4/5) vote of the City Council. This 4/5 vote
19/SR1124A -2-
REGULAR CITY COUNCIL MEETING OF NOVEMBER 24, 1987
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Amendment to Interim Ordinances Establishing
Moratoriums on the Issuance of Building Permits in
Inconsistent Areas
requirement applies since moratoriums may only be adopted and/or
amended by a super majority requirement.
NOTED:
GAYLE 'VJ MARTIN, City Manager
espectfullysubji ted,
.ti
19/SR1124A -3-
S P. LOUGH, C ty At ••rney
TY OF HERMOSA BEACH
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ORDINANCE NO. 87 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE
NUMBERS 87-873 AND 87-881 TO PROHIBIT THE ISSUANCE
OF BUILDING PERMITS FOR DEVELOPMENTS THAT DO NOT
MEET ALL STANDARDS OF BOTH THE GENERAL PLAN
DESIGNATION AND ZONING CLASSIFICATION FOR THE
PARTICULAR PROPERTY TO BE DEVELOPED OR IMPROVED.
WHEREAS, consistency between the Hermosa Beach Planning and
the Hermosa Beach Zoning Codes are both required by state law
and a goal of the City Council of the City of Hermosa Beach;
WHEREAS, development of parcels in a manner inconsistent
with either the General Plan or Zoning creates inconsistencies
which cannot be remedied during the lifetimes of the buildings
in question;
WHEREAS, such inconsistent development is a detriment to the
City of Hermosa Beach in that it prevents proper planning to
protect the health, safety, and welfare of the general public of
the City of Hermosa Beach;
WHEREAS, the Planning Commission and the City Council of the
City of Hermosa Beach are currently taking steps to bring our
planning and zoning into consistency through hearings for both
bodies;
WHEREAS, allowing inconsistent development during the
process of bringing all parcels into consistency will be a long
term harm to the City's planning process and a detriment to the
health, safety and general welfare of the populous;
///
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WHEREAS, allowing inconsistent development in which
properties can develop to zoning standards that are higher than
standards that would be consistent with applicable General Plan
designations result in more nonconforming developments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Consistency between the General Plan designation
and Zoning classification shall be defined as follows:
General Plan Designations Zoning Classifications
Low Density R-1
Medium Density R-1, R-2
High Density R-1, R-2, R-3
Neighborhood Commercial C-1
General Commercial C-1, C-2, C-3 and any
Commercial Specific Plan Area
Multiuse Corridor C-3 and Residential Uses
Industrial Manufacturing
Any conflicts or areas not covered above shall be interpreted by
the Planning Director after consultation with the Building
Director. Any person who does not agree with said interpre-
tation given under this section shall have the right to request
a clarification from the Planning Commission.
Section 2. No building permits shall be issued by the
Building Department, except as herein provided, for any develop-
ment, project or improvement that is not consistent, in all
respects, with the General Plan of the City of Hermosa Beach.
For areas where the General Plan designation has a lower density
standard that the current zoning classification, a building
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permit shall only be issued if the project in question meets all
of the criteria for the zoning classification that is considered
consistent with the current General Plan designation as defined
in Section 1 of this ordinance.
Section 3. No building permits shall be issued by the Build-
ing Department, except as herein provided, for any development,
project or improvement that is not consistent, in all respects,
with the Zoning Code of the City of Hermosa Beach. This ordi-
nance does not preclude the right to request the normal variance
procedure.
Section 4. A building permit may be issued to any applicant
whose particular project, although located in an area where an
inconsistency exists between the General Plan and Zoning, meets
the minimum criteria for both the General Plan designation and
Zoning classification that applies to the project under this
ordinance.
Section 5. This ordinance shall not prohibit the issuance
of building permits by the Director of Building and Safety if it
is his opinion that a substantial threat to the health, safety
and welfare of the public would exist if such permit were not
issued.
Section 6. This ordinance shall not prevent the issuance of
building permits by the Director of Building and Safety if,
pursuant to state law, there exists a mandatory duty of the City
of Hermosa Beach to issue such permit.
Section 7. This ordinance shall not apply to any project
which has submitted completed conceptual plans to the City of
Hermosa Beach on or before November 24, 1987.
19/ORD20 -3-
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Section 8. The provisions of this ordinance shall not apply
to any property that is owned by any governmental entity within
the boundaries of the City of Hermosa Beach on the effective
date of this ordinance.
Section 9. Any person who cannot obtain a building permit
because of the terms and conditions of this ordinance shall have
priority in any requests the applicant makes for a General Plan
change or Zone change to have said applicant's property brought
into consistency with both the General Plan and Zoning. Said
priority shall be subject to the rules and regulations of the
City of Hermosa Beach and State of California for the setting of
public hearings for General Plan changes and Zoning amendments.
Section 10. This ordinance shall be operative for the time
period set out under Ordinance Number 87-881 pursuant to the
provisions of California Government Code Section 65858. To the
extent that this ordinance contradicts, amends and/or modifies
Ordinance Numbers 87-873 and 87-881, this ordinance shall
control.
Section 11. The City Council shall draft a report for
presentation to the public at its regular meeting within a
forty-five (45) day period. 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 12. Pursuant to Government Code Section 36937, this
ordinance, which restates and amends Ordinance Numbers 87-873
and 87-881 and is designed to protect the health and safety of
the citizens of Hermosa Beach,.: shall become effective
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immediately upon adoption by a four-fifths (4/5) vote of the
City Council.
Section 13. 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 14. The City Clerk shall certify to the passage and
adoption of this ordinance, shall enter the same in the book of
original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED ON THE 24TH DAY OF NOVEMBER,
1987.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
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PRESIDENT OF THE CITY COUNCIL
AND MAYOR OF THE CITY OF
HERMOSA BEACH, CALIFORNIA
Law Offices of James P. Lough
JAMES P. LOUGH
TO:
FROM:
RE:
REGULAR CITY COUNCIL MEETING
OF NOVEMBER 10, 1987
30 NORTH RAYMOND AVENUE
SUITE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 7924728
(818) 792-4776
MAYOR AND MEMBERS OF THE CITY COUNCIL
JAMES P. LOUGH, CITY ATTORNEY
STATUS REPORT ON THE MEANING OF INTERIM ORDINANCE
NO. 87-881 RELATING TO ZONING AND GENERAL PLAN
INCONSISTENCIES
RECOMMENDATION: To receive and file this report and
reaffirm the setting of a public hearing for November 24, 1987
to amend Ordinance Nos. 87-881 and 87-873 to remove the word
"density" from the language of said ordinances.
BACKGROUND: On February 24, 1987, the City Council adopted
interim Ordinance No. 87-873 which precluded issuance of
building permits for projects which did not meet the density
requirements of both the general plan designation and zoning
classification for the parcel involved. At the public hearing
there was considerable discussion among the members of the
Council, after the public hearing, about the meaning of the
wording in the ordinance stating the "minimum criteria for both
the General Plan designation and Zoning classification for the
property in question."
After consideration of the matter, the Council voted to add
the word "density". This changed the language from the general
to the specfic; to "minimum density criteria." While, even
after reading the attached transcripts, there may be questions
as to the Council's intent, the issues addressed in this memo
are the actual meaning of the words of the ordinance and the
methods by which the Council can change the meaning of the
ordinance, if it desires.
The reason this ordinance became necessary was because of
two factors: (a) the numerous inconsistencies throughout the
city and (b) the decision in the case of Elysian Heights
Residents Assn., Inc. v. City of Los Angeles (1986) 182 Cal App
3d 21, which declared that building permits must be issued based
on zoning and not the general plan.
Based on these two factors, the Gales applied for a building
permit based on zoning and not the general plan. Their permit
was held up on other issues and the council wanted to take
action to plug the gap placed in the City's density reduction
plans by this court decision. It was at this point that the
interim ordinance came to the Council for its consideration.
ANALYSIS: The ordinance was designed to stop projects
similar to the Gales from happening. Section 1 of the ordinance
established a table of General Plan Designations and Zoning
Classifications so that there would be a guide for the Building
and Planning Departments to follow when reviewing day-to-day
situations. If it is determined by staff that the zoning and
general plan does not match as they are shown in Section 1, the
rest of the ordinance applies to the proposed project.
Secticn 2 prevents the issuance of a building permit for any
10
project that varies with the General Plan. This requires the
applicant to meet all the requirements of the General Plan
designation for the property at issue. Likewise, Section 3
requires that the same applicant meet all of the standards for
the zone in which the property is located. Section 3 also
reaffirms an applicant's statutory right to apply for a
variance.
Section 4 allows the City to issue a building permit for
projects that meet the"minimun density criteria for both the
General Plan designation and Zoning classification for the
property in question."
This is the main section in the ordinance which allows
development for projects located in -inconsistent areas (as
defined by Section 1). It was amended by the Council to
specifically state "minimum density criteria." With this
amendment it would be difficult to apply any other development
standards.
Another aspect of Section 4 is the waryr it applies the
General Plan and Zoning to each situation. The only General
Plan designation and Zoning classification that apply to a
particular project are those that currently apply to the
property in question. If an area is R-2 and High Density, the
sideyards, height and density of R-2 would govern. However, if
a property were Medium Density and R-3, the height, sideyard and
other similar issues would be covered by R-3 and the density
would be R-2. This is because the General Plan only deals with
density and section 4 only applies the zoning class and G.P.
designations that already apply to the property.
SUGGESTIONS FOR AMENDMENT: This matter could not be brought
back for a public hearing for this meeting because of the
publication deadlines at the Easy Reader. Staff set this natter
for a public hearing at the next council meeting so that
amendments could be made to the interim ordinance.
The reason that amendments could not be made last meeting or
this meeting is that amendments :t0 an ordinance adopted at a
public hearing can't be made without a public hearing except in
rarest circumstances. The introduction of a new ordinance which
changes the way in which building permits are issued for
projects in inconsistent areas would be considered an amendment
by a court of law. Amendments can be made to change the way in
which projects are approved in inconsistent areas. The
Council's only legal way to accomplish this is at the public
hearing set for November 24, 1987.
NOTED:
GAYLF MARTIN, City Manager
Respectfully submitte
Ikk
AM aJ
WES P. LOUGH, City A
TY OF HERMOSA BEACH
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ORDINANCE NO. 87-873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO PROHIBIT THE ISSUANCE
OF BUILDING PERMITS FOR DEVELOPMENTS THAT DO NOT
MEET THE STANDARDS OF BOTH THE GENERAL PLAN
DESIGNATION AND ZONING CLASSIFICATION FOR THE
PARTICULAR PROPERTY TO BE DEVELOPED OR IMPROVED.
WHEREAS, consistency between the Hermosa Beach Planning and
the Hermosa Beach Zoning Codes are both required by state law
and a goal of the City Council of the City of Hermosa Beach;
WHEREAS, development of parcels in a manner inconsistent
with either the General Plan or Zoning creates inconsistencies
which. cannot be remedied during the lifetimes of the building=_
in question;
WHEREAS, such inconsistent development is a detriment to the
City of Hermosa Beach in that it prevents. proper planning to
protect the health, safety, and welfare of the general public cf
the City of Hermosa Beach•;
WHEREAS, the Planning Commission and the City Council of the
City of Hermosa Beach are currently taking steps to bring our
planning and zoning into consistency through hearings for both
bodies;
WHEREAS, allowing inconsistent development during the
process of bringing all parcels into consistency will be a long
term harm to the City's planning process and a detriment to the
health, safety and general welfare of the populous;
///
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16 Director. Any person who does not agree with said interpre-
17 tation
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section, 1. Consistency between the General Plan designation
and Zoning classification shall be defined as follows:
General Plan Designations. Zoning Classifications
Low Density R-1
Medium Density R-1, R-2
High Density R-1, R-2, R-3
Neighborhood Commercial C-1
General Commercial C-1, C-2, C-3 and any
Commercial Specific Plan Area
Multiuse Corridor C-3 and Residential Uses
Industrial Manufacturing
Any _conflicts or areas not covered above shall be interpreted by
the
Planning Director after consultation with the Building
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given under this section shall have the right to request
a clarification from the Planning Commission.
Section 2. No building. permits shall be issued by the
Building Department, except as herein provided, for any develop-
ment, project or improvement that is not consistent, in all
respects, with the General Plan of the City of Hermosa Beach.
Section 3. No building permits shall be issued by the
Building Department, except as herein provided, for any
development, project or improvement that is not consistent,
all respects, with the Zoning Code of the City of Hermosa Beach.
This ordinance does not preclude the right to request the normal.
variance procedure.
14/ORD16
1 Section 4. A building permit may be issued to any applicant
2 whose particular project, although located in an area where an
3 inconsistency exists between the General Plan and Zoning, meets
4 the minimum density criteria for both the General Plan designa-
5 tion and Zoning classification for the property in question.
6 Section 5. This ordinance shall not prohibit the issuance
7 of building permits by the Director of Building and Safety if it
8 is his opinion that a substantial threat to the health, safety
9 and welfare of the public would exist if such permit were not
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11 Section 6. This ordinance shall not prevent the issuance of
12 building permits by the Director of Building and Safety if,
13i pursuant to state law, there exists a mandatory duty of the City
14!, of Hermosa Beach to issue such permit.
15 Section 7. This ordinance shall not affect any project,
16 development or improvement which only requests structural modi-
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fications to existing structures that do not add additional.
dwelling units. This ordinance shall not apply to any project
which has submitted completed conceptual plans to the City of
Hermosa Beach on or before February 10, 1987.
Section 8. The provisions of this ordinance shall not apply
to any property that is owned by any governmental entity within
the boundaries of the City of Hermosa Beach on the effective
date of this ordinance.
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Section 9. Any person who cannot obtain a building permit
because of the terms and conditions of this ordinance shall have
priority in any requests the applicant makes for a General Plan
change or Zone change to have said applicant's property brought
into consistency with both the General Plan and Zoning. Said
priority shall be subject to_the rules and regulations of the
City of Hermosa Beach and State of California for the setting of
public hearings for General Plan changes and Zoning amendments.
Section 10. This ordinance shall be opeiative for a period
of only forty-five (45) days from the date the ordinance takes
effect unless extended pursuant to the provisions of California
Government Code Section 65858.
Section 11. The City Council shall draft a report for
presentation to the public at its regular meeting within the
forty-five (45) day period. 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 12. 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.
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Section 13. The City Clerk shall certify to the passage and
adoption of this ordinance, shall enter the same in the book of
original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED ON THE 24TH DAY OF FEBRUARY,
1987.
ATTEST:
CITY CLERK
APPROVED AS T
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ORM:
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PRESIDENT. OF THE ,CITY COUNCIL
AND MAYOR OF THE' ;CITY OF
HERMOSA BEACH, CALIFORNIA
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ORDINANCE NO. 87- 881
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, TO EXTEND ORDINANCE NO. 87-873
THAT PROHIBITS THE ISSUANCE OF BUILDING PERMITS
FOR DEVELOPMENTS THAT DO NOT MEET THE
STANDARDS OF BOTH THE GENERAL PLAN DESIGNATION AND
ZONING CLASSIFICATION FOR THE
PARTICULAR PROPERTY TO BE DEVELOPED OR IMPROVED.
WHEREAS, consistency between the Hermosa;Beach Planning and
the Hermosa Beach Zoning Codes are both required by state law
and a goal of the City Council of the City of Hermosa Beach;
WHEREAS, development of parcels in a manner inconsitent with
either the General Plan or Zoning creates inconsistencies which
cannot be remedied during the lifetimes of the buildings in
question;
WHEREAS, such inconsistent development is a detriment to the
City of Hermosa Beach in that it prevents proper planning to
protect the health, safety, and welfare of the general public of
the City of Hermosa Beach;
WHEREAS, the Planning Commission and the City Council of the
City of Hermosa Beach are currently taking steps to bring our
planning and zoning into consistency through hearings for both
bodies;
WHEREAS, allowing inconsistent development during the
process of bringing all parcels into consistency will be a long-
term harm to the City's planning process and a detriment to the
health, safety and general welfare of the populous;
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WHEREAS, Ordinance No. 87-873 was adopted by the City
Council of Hermosa Beach on February 10, 1987, whereupon it
prohibited the issuance of Building Permits for developments
that do not meet the standards of both the General Plan
Designation and Zoning classification for a period of forty-five
(45) days;
WHEREAS, Government Code Section 65858 (b) provides for an
urgency measure extension of twenty-two (22) months, fifteen
(15) days upon adoption by a four-fifths (4/5) vote following
notice pursuant to Section 65090 and a public hearing;
WHEREAS, Government Code Section 36937 allows this
extending ordinance to take immediate effect for the
preservation of the public peace, health and safety, and upon a
vote of four-fifths (4/5) of the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 87-873 be extended an
additional twenty-two (22) months, fifteen days, pursuant to
Government Code 65858 (b).
Section 2. That the Planning Commission continue to review
and revise Zoning Classifications and General Plan Designations
for consistency.
Section 3. That pursuant to Government Code Section 36937,
this ordinance is designed to protect the health and safety of
the citizens of Hermosa Beach and becomes effective immediately
upon adoption of a four-fifths (4/5) vote of the City Council.
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Section 4. The City Clerk shall certify to the passage and
adoption of the ordinance, shall enter the same in the book of
original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED ON THE 28TH DAY OF APRIL, 1987.
10 ATTEST:
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13 APPROVED AS TO FORM:
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RESIDENTOF T'! CITY COUNCIL
AND MAYOR OF CITY OF
HERMOSA BEA , CALIFORNIA
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The Public Hearing was opened. Coming forward to speak
in favor of the adoption of this ordinance were:
David Szmudanowski - 931- Sixth Street -representing
several neighbors in the area.
Ron Schendel - 43 -7th Street
Speaking in opposition to the adoption of the moratorium
ordinance were:
Dana Shaw - 913 -5th Street
Jerry Compton - 832 -7th Street
Steven Label - 2600 Colorado Ave. Santa Monica - attor-
ney rep. clients who are trying to build in the city.
Parker Herriott - 224 -24th Street - submitted a letter
Karen Gale - 26 Montecello Drive, Rolling Hills Est.
Bill Harmon - 1641 Golden Avenue
Valerie Clark - 406 Ocean View
Dr.Gale - 26 Montecello Drive, RHE - owner of 933 -6th
The Public Hearing was closed by Mayor Cioffi.
Action: To temporarily adjourn the City Council Meet-
ing to a Closed Session pursuant to Govt. Code Section
54956.9(b) (significant exposure to litigation)
Motion DeBellis, second Mayor Cioffi. So ordered.
The Regular Meeting of the City Council adjourned tem-
porarily at the hour of 8:52 P.M. to a Closed Session.
The Regular Meeting of the City Council reconvened at
the hour of 9:18 P.M, with no announcements of any ac-
tions taken in Closed Session.
Action; To waive full reading of Ordinance No. 87-873
entitled "AN ORDINANCE 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 THE PARTICULAR PROPERTY TO BE DEVELOPED OR IM-
PROVED.",,with the following changes:
Page 2, line 10 - add C-1
Page 2, line 27 - add "This Ordinance does not
preclude the right to request the normal variance
procedure."
Page 3, line 4 - change to read "the minimum density
criteria ..."
Page..3, line 18 - add "This Ordinance shall not apply
to any project which has submitted completed
conceptual plans to the City of Hermosa Beach on or
before February 10, 1987."
Motion DeBellis, second Rosenberger
AYES - DeBellis, Rosenberger, Simpson, Williams, Mayor
Cioffi
NOES - None
Final Action; To introduce Ordinance No. 87-873.
Motion DeBellis, second Rosenberger. So ordered.
Further Action: Staff to post a list of all the projects
which are exempt under this Ordinance
Motion DeBellis, second Cioffi. So ordered.
MIINTrIPAT
VERBATUM,OF ITEM 5,,CITY COUNCIL MFFTING OF FEBRUARX,1Q, 1987,
"AN ORDINANCE OF THE CITY COUNCIL OF_THE CITY=OF.HERMOSA BEACH
CALIFORNIA_,,fTO PROHIBIT ,THE ISSUANCE_QF BUILDING,PERMITS „FOR
DEVELOPMENTS THAT DONOT :MEET THE_STANDARDSOF BOTH THE GENERAL
PLAN DESIGNATION AND ZONING,CLASSIFICATION FOR AI PARTICULAR
PROPERTY. TO BE DEVELOPED QR IMPROVED."_ Memorandum.from,_City
Attorney Jampes P. Lough dated February 4, 1987 and Planning
Director Michael .Schubach_ datedY,February 3, .1.987.
Cioffi: And was proper notice given?
Midstokke: Yes, proof of publication is on file.
Cioffi: Do we have any additional written or verbal
comments?
Midstokke: Yes, there is a supplemental letter from David
Szmudanowski, 931 - 6th Street, a supplemental
memorandum from the Building and Safety Director
William Grove dated today, and supplemental
information, a flyer that was passed out entitled
"Zone Changes".
Cioffi:
Meyer:
Cioffi:
Meyer:
Lough:
Let those be made part of the record. Mr. Meyer,
do we have a staff report?
Your honor, the report was filed by the City
Attorney and is dated February 4, 1987.
With that then, I would like to open the Public
Hearing. Do you, Mr. Schubach, want to make a
presentation?
The City Attorney would like to since he authored
the primary document. Mr. Lough.
Just quickly, Mr. Mayor, this is the ordinance that
was requested be brought back as a non -emergency
measure from two meetings ago. The way that the
interim ordinance system works in California is
that since the matter is not referred back to the
Planning Commission, that is why there is a 4/5ths
vote and I would suggest that is the safer course
of conduct for this. Basically, the moratorium,
while not done on an emergency basis, the one,
before you tonight, is for a 45 -day period. Now
because it's noticed, and done on a 45 -day period,
instead of the emergency type of situation that we
were dealing with last month, becase of that the
Council, if it desires to after studying the
matter, after the 45 -day period could extend it,
the moratorium, up to 22 months. So that is the
tradeoff that the Legislature made in their most
recent changes to the emergency interim ordinance
provisions of the Government Code. Basically, this
is noticed as a nonemergency measure and the way
the Legislature drafted it, it still required a
4/5ths, and I would suggest that it be passed in
that manner. Thank you.
Rosenberger: Mr. Mayor, can I ask a question of the City
Attorney on that matter? If this matter, after the
hearing comes to a 3/2 vote, what is the situation?
Lough: I would recommend that right now you just, if it
comes to a 3/2 vote, then we have a question as to
whether it passed or not. It is a legal question
so that I would suggest that once it comes to that
point, that the Council make a decision one way or
the other. I would strongly suggest that it be
done with a 4/5ths basis and so I would .hope that
the Council follow that recommendation before the
vote.
Rosenberger: And then the vote is to enact a 45 -day moratorium?
Lough: Yes it is, and then instead of having to extend for
10 months after a public hearing, and then extend
for another 10 months after a public hearing,
Council could within the 45 day period extend it 22
months so that is the difference in the language.
Rosenberger: OK, thank you.
Cioffi: Are there any other questions of staff?
DeBellis: I have a couple. Mr. Lough, in the staff report
and in the proposed ordinance, I still don't
understand the wording that says "except when it
meets the minimum criteria for both the General
Plan designation and zoning classification of the
property in question. It strikes me that if this
is inconsistent, how can it meet both? I would
like you to give me an example I guess of what some
kind of circumstance that that would....
Lough:
If you have one parcel that is General Plan
designated high density and it is also zoned R-2,
that because of the conflicts between the two, the
building permit in order to be issued if this were
adopted, would have to meet both the standards -of
R-2 and also the high density standards. An so it
would have to be the lesser. In other words the
stricter requirements between the two. Or if it
was R-1 and high density. Or, on the opposite end,
if was an R-3 zoning classification and a low
density General Plan designation, then it would
have to meet the low density General Plan
designation. For whatever requirements are in our
General Plan apply for that type. It would be the
density issue only. It's confusing.
DeBellis: The example that you gave to me is an
inconsistency. If it is a General Plan high
density and zoned R-2, it is not inconsistent.
That is what it tells right here.
Lough: You caught me on that one, that is right. It is
basically, what you have to look at is the lesser
standards under each one. Whatever makes it under
the way the definitions and the way I said it under
Section 1 on page 2 of the ordinance, it would have
to be the least dense or the least obtrusive
criteria would have to be met. If you want some
clarification on that we could add something.
DeBellis: I am just concerned that we probably all know what
we want to do but having it implemented is another
thing, and I don't want to stop all development in
the City. One of the, in Section 3, it says "No
building permits shall be issued", that's on page
2, "except as herein provided for any development
project or improvement that is not consistent in
all respects with the Zoning Code." It strikes me
that if someone has a project that he brings into
Building or Planning and it requires a variance for
setback, it is not consistent with zoning and
therefore it couldn't go forward.
Lough:
DeBellis:
Lough:
Until that variance is granted, it's not.
Well you know, it doesn't say that. I know
building permits will be issued and if I was the
Planning Director and I read that, I would say that
I couldn't even consider your project. It's not
consistent with zoning.
That's why I have been open to all suggestions to
modify this since the last time. And so far none
have been forthcoming and I haven't been able to
come up with a better definition. If Council can
suggest language, I would be perfectly happy to
incorporate it. You have touched upon a subject
that is very difficult to define, and that is our
problem here. Consistency is a very nebulous
concept, it is not something that can be uniformly
or easily applied. And then when you add the
problem of trying to determine what standards apply
in an inconsistent area. It is one of the reasons
we are doing this, I believe, it has been brought
to the Council.
DeBellis: I'm not sure it's possible, but I hope you
understand what I'm trying to do is to make it
implementable. It really could stop all
development.
Lough:
You might want to hear from the Building Director
and Planning Director on their interpretation of
it. They use it on a nuts and bolts basis.
DeBellis: Let me ask you another question first. Section 8
says that it does not apply to any other property
owned by a governmental entity within the
boundaries of the City of Hermosa Beach, which I
would have to assume meant the School Board,
ourselves, who else?
Lough: It would be the School Board, the Post Office,
DeBellis: The Post Office is exempt anyway, though.
Lough: Well it would also include the Post Office, they
are exempt anyway, that is true, but that is the
basic intention of it is to exempt. We are
currently in litigation with one of those
governmental entitles.
DeBellis:
Lough:
DeBellis:
Lough:
The intent it not to put you on the spot but like
why do we have, why would we want to exempt the
schools if we're not exempting anyone else?
The reason I put that in there is that we are under
litigation and that is why. That is the reason
why.
So if someone else sued us, then they could get_"
around this? What are we saying.
No, it is a class just based on the suit. It is
just my opinion that -I felt that this should be
placed in there just, for the protection of the
City. You can take it out if the Council so
desires. Our rules apply to everyone uniformly.
But this is a unique situation where the School
District suit came up at the same time this did,
and the School District is attacking the General
Plan of the City on a comprehensive basis and I
didn't want to cause any more problems in that suit
over and above what we have here. And I didn't
want this to stand or fall because we have many
instances in areas of the City, and the School
District's portions are very minute and I don't see
a real problem with the consistency of the School
District. We only, I believe, have one
inconsistent area in the School District and that
is in the middle of the new school site. There is
an R-3 that has been there for 50 years and no one
knows why. And so, I didn't see the School
District properties as posing a big problem and so
I didn't want to create= problems in a lawsuit
because of that.
DeBellis:
Lough:
Cioffi:
Rosenberger:
Lough:
DeBellis:
Cioffi:
Rosenberger:
Cioffi:
OK, then my last question is any projects that have
been submitted to plan check or whatever that are
in the pipeline. What the reasoning here is that
we would just - it's not an emergency but they
would have 30 days.
The date this take effect, if a building permit has
not been issued and substantial expenditures have
not been made in reliance on that building permit,
those people do not have a vested right to proceed
with their project. That's the way the law reads.
Councilmember Rosenberger.
Yes, Mr. Lough was asking for suggestions on
Section 3, page 2. I had one. I don't know if it
is going to fly but I would offer it. That is
where the no building permits shall be issued by
the Building Department except as herein provided
for any development project or improvement that is
not consistent in all respects with both the Zoning
Code of the City of Hermosa Beach and the General
Plan. That is only consistent with some of the
earlier statements that the City Attorney has made.
And at the beginning, I guess you could add in
addition to that "the lesser of the two" or
language related to that. Again I don't know if it
is going to fly but.
It's as good as anything I've come up with.
I would only like to suggest that we hold the
Public Hearing first before we try changing the
wording. We may hear some testimony that helps us.
Anything else Councilmember Rosenberger?
There is time, I can wait.
With that, I would like to ask those in favor of
this ordinance to come forward to speak. Please
give your name and address.
David Szmudanowski - 931 Sixth Street
Ron Schendel, 43 - 7th Street
Cioffi:
Is there anyone else who would like to speak in
support of this? Is there anyone who would like to
address the Council in opposition. The gentleman
in the back.
Dana Shaw, 913 - 5th Street
Jerry Compton, 832 - 7th Street
Steven Label, 2600 Colorado Ave., Santa Monica
Parker Herriott, 224 - 24th Street
Karen Gale, 26 Montecello Drive, RH
Bill Harmon, 1641 Golden Avenue
Valerie Clark, 406 Ocean View
Dr. Gale, 26 Montecello Drive, RH
Cioffi:
Rosenberger:
Schubach:
Rosenberger:
And with that, I would like to close the Public
Hearing and bring it back to the. Council.
I wonder if we could have the City Planner come
before us here. I would like to have him give us
some background on the legal requirements that this
City has been under as of whatever year it was,
1984 or earlier, in terms of bringing our General
Plan and our zoning into consistency.
Well as far as the General Plan and zoning laws of
the State, I have always been given the information
from attorney's in other cities that unless they
were in conformance, you weren's allowed to build.
And so generally if someone were to come in for a
piece of to be consistent with the
General -Plan or ask for a General Plan amendment to
be consistent with the zoning. Technically you are
supposed to make the zoning consistent with the
General Plan but that isn't the general rule. They
go both ways; whichever is the more desirable. And
then it goes through the review process, public
hearing, and so forth, and one way or the other it
gets resolved. In this City, as I understand it,
up until, and it's still in effect by the way,
there has been nothing more than condominiums built
and the condominium ordinance in the City always
said that you have to comply with the General Plan.
Consequently all this time you have followed the
General Plan which is the lower density. It was
just recently that apartments have now been
proposed. It has become financially feasible to
build apartments again and so now we have crated
this problem. Apartments don't fall under the
condominium ordinance so consequently they are
asking for the higher density. We initially
started to impose the rule that the General Plan
had to be consistent and then, unfortunately, our
City Attorney said no, the courts have applied a
new rule. The Elysian Heights case, which has been
referred to earlier tonight, and that says that you
have to follow the zoning, which is quite contrary
as far as I'm concerned to the general State Law
about General Plans and zoning. And that is what
we have been attempting to do and the staff has
been between a rock and a hard place not knowing
what to do about all this. So that is where we
stand now. We are trying to follow the zoning as
required by the most recent court case.
OK, so how far back does this go, the initial State
requirement of consistency between the two?
Schubach:
Lough:
Rosenberger:
Schubach:
Rosenberger:
Schubach:
DeBellis:
I believe it was the early 70's.
1974.
And what - one, I would like to know how we got
around this attempt to
We really didn't get around it, what happened was
that the condominiums were always coming in and the
condominiums were always required to follow the
General Plan, and so there wasn't a problem until
apartments starting being proposed again. And then
the Alysian Heights case came along and between the
two of them the problem was created. And so at
this point we are, shall we stop this or shall we
continue.
Maybe I'm not directing my question exactly right.
What I am thinking is that even if we had this
inconsistency between areas on our General Plan and
our zoning, did we over the years make any attempt
to bring them into consistency in a general overall
fashion.
I have been here for two years so running some of
the history that I find in the files, apparently
there were some attempts made to bring them into
conformity but it never really was accomplished.
So when I got here the goal was to get this
straightened out once and for all and we are at'
this time moving towards getting that resolved. We
are going through case by case every area that is
inconsistent and either resignating it to be
consistent with the zoning or rezoning it to be
consistent with the General Plan on a case by case
basis dependent on the area, what it should be at
this time.
Let me be more specific. It strikes me that if we
don't pass this, the residents of 6th Street
probably would feel comfortable in suing for
inconsistency between the General Plan and zone
designation as any citizen could have done in the
last 14 years. And if we do, the Gales may sue for
having followed a policy that we followed for so
long, and maybe fall on sympathetic ears. The
Icaza property is the other one that brought this
to us and the same sitOation. And the Herriott
_property and three or four others I would imagine.
Then we have the school board thing - it strikes me
Lough:
that possibly we should discuss our exposure, and I
so move. Before I do that though, what kind of
special technique would we have to do to have a
closed session this evening that wasn't advertised.
You don't have to advertise a closed session. You
can adjourn to closed session if there is
significant exposure to liability. I believe that
Councilmember DeBellis has adequately justified
that and so your adjournment would be under
Government Code Section 54956.9(b).
DeBellis: I so move.
Williams: Second.
Cioffi: Any objection. Recessed to closed session.
Return from closed session.
Cioffi:
Lough:
Cioffi:
Lough:
What is the pleasure of the Council on this
proposed ordinance?
First, your honor, I would just like to report that
there were no decisions made in closed session.
Thank you Mr. Lough.
While there were no decisions made, there was some
language discussed that was suggested be added -to
the ordinance so I will present it now for the
Council's discussion. Then a decision can be made
to either accept or reject that or accept the whole
Ordinance or reject that in total. That would be
to amend Section 7 :on page 3 or the ordinance to
add in addition to the language that is already in
Section 7 a new sentence which reads as follows:
"This ordinance shall not apply to any project that
has submitted completed conceptual plans to the
City of Hermosa Beach on or before February 10,
1987." That would be today's date. (Reread).
Cioffi: OK, that is one proposed change. I thought
Councilmembers DeBellis and Rosenberger had some
proposed changes.
DeBellis: We were talking about the same areas. And I think
you had some verbage on the less restrictive or
more restrictive.
Rosenberger: Yes, Section 3, Mr. Mayor, page 2, the last line
where it begins "in all respects with both the
zoning code and General Plan of the City of Hermosa
Beach". You can read'that whole section if you
want to see if it makes sense and whether or not it
qualifies legally for what we are trying to ..
Lough:
You might want to read that, members of the
Council, read Section 2 and then read Section 3.
If you are going to make that kind of change, you
might want to make it on Section 2 also. Section 2
says that nothing can be developed that is not _
consistent with the General Plan and then Section 3
says no building permits can be issued for zoning
code.
Rosenberger: You could just remove one of the sections, could
you not?
Lough: Yes, you could do that.
Cioffi:
Then everything would have to be renumbered.
Councilmember Rosenberger, if in reading both of
those together cover what you are trying to do, we
might just leave it even though it would have been
better the other way. Is that OK?
Rosenberger: Alright.
Lough:
I believe earlier also, a month ago at the last
meeting there was some discussion by Councilmember
DeBellis regarding the zoning classifications, that
is the only change where under our density
remainedR-1 for the zoning classification under low
density; under General Plan designation, medium
density, R-1 and R-2, R-1 was added; under high
density, R-1, R-2 and R-3 were added. I would
assume that, I had some discussions with
Councilmember DeBellis before the meeting, and he
had some concerns that maybe under General
Commercial adding C-1 to the C-2 and C-3. You
might want to have'. the Building Director look at
that. And then under the Multi -Use Corridor, I
believe that C-3 is the only use allowed in the
Multi -Use Corridor and there is no C-1 or C-2. But
you might want to have the Building Director look
at that. I bring those up because that is
consistent with the way I brought it back before.
Rosenberger: I am sure Mr. DeBellis will have an opinion on this
too. In Sections 2 and 3, doesn't it seem that
they could very well be in contradiction to each
other and giving the lawyers the opportunity to
have their day in court as each one read a
different section as their basis for either going
ahead or denying a project?
DeBellis: I had that problem with 2, 3 and 4.
Cioffi:
Would you feel more comfortable if we put them
together, 2 and 3? I we said as Councilmember
Rosenberger suggested "consistent with both the
Zoning Code and the General Plan".
•
DeBellis:
Cioffi:
My dilemma comes with the totality of the Zoning
Code, that we are tending to focus I'm afraid on
the number of units allowed to be developed by
zoning versus General Plan. But zoning code
encompasses yards and setbacks and heights of
buildings and all kinds of matters where if it was
not consistent there would be a mechanism of a
variance or adjustment or whatever which they might
be able to apply for. And my concern was that by
strictly reading this if they needed any of those
actions they're incluied and no building permit can
be issued. Mr. Lough said that we could say that
unless that variance, etc. was issued, I would feel
more comfortable with that , I'm not sure just
exactly how to word it. Sticking them together
doesn't totally alleviate that problem. I think we
are talking more about units and not all the other
parts of the zoning code.
Mr. DeBellis, can we say something along the lines
of the density requirements of the General Plan and
zoning?
DeBellis: You will have to ask Mr. Lough, he is the attorney.
Lough:
Cioffi:
Lough
Williams:
That is probably better. The key I would suggest
is that you focus on Section 4 because Section 4 is
where the two various conflicting provisions
collide. And that is the problem in drafting
something where, I wasn't asked to come back -with
you know, stick to the General Plan or stick to
zoning, I was asked to stick to both, whichever is
least, and every time it was expressed, it was
expressed in different verbage.
On line 4, Section 4, can we say the minimum
density criteria for both the General Plan
designation and zoning classification?
Yes we could. This has a safety valve in it also
because no matter how we drafted this, we would
have problems because it is hard to put down every
situation or the ordinance would be 10,000 pages
long. So the safety valve for this is that if the
applicant disagrees with the interpretation of the
Building Director or Planning Director, then he can
appeal the matter to the Planning Commission who is
the interpreter of our code. And that would also
be appealable to the Council. So there are safety
valves put into the system.
I would like to suggest some language on line 26
under Section 3 that might help the problem with
variances if we would just use the phrase that
"this ordinance does not preclude the right to
request the normal variance procedure."
•
Lough:
Cioffi:
Williams:
Lough:
DeBellis:
Cioffi:
Rosenberger:
DeBellis:
Rosenberger:
DeBellis:
Lough:
Cioffi:
Rosenberger:
Cioffi:
Rosenberger:
Cioffi:
That would be fine.
Would you repeat that again.
It would be on line 27, add to line 27 "This
section does not preclude the right to request the
normal variance procedures."
"This ordinance" might be better.
Do we have an elephant yet?
Now back to Councilmember Rosenberger. Do you want
to try to combine those Sections 2 and 3?
Well I was wondering, if we had Section 4 there
changed, do we need Section 2 or 3?
Yes, because 4 tells you
Its a positive and the other ones are negative.
Right?
True, agree? If 4 is a positive, 2 and 3 are
negatives. So you couldn't eliminate 2 and 3 and
leave 4 in.
Right, correct. This went through several drafts
and there is no off the ship because
no one wanted to help on this one.
Mr. Rosenberger, then you want to, again can we try
to combine it by saying Section 2, line 22, saying
"with both the density requirements of the General
Plan and the Zoning Code of the City of Hermosa
Beach"
I am not sure that I wouldn't just be building
verbage in there which at this point we haven't
tried to cover - I see what Mr. Lough has done now.
Basically he has gerrymandered this thing through
three sections and I would simply be
constantlyreferring back to each one of those
sections and that is sort of like unnecessary
reiteration so I will give him credit for making
the best of a mess.
So you are satisfied with it?
Yes.
Councilmember DeBellis, again in Section 3, line 26
where we say "with the -"-Zoning Code", do you want to
restrict that or are you happy with it the way it
is?
DeBellis: With Mrs. Williams amendment, I think that is OK.
Cioffi: Is there a motion?
Lough: Maybe when we have the motion then afterwards we
will have a clarification as to what has been
amended so far so that we don't have any questions.
DeBellis:
Mayor Cioffi, I would like to waive further reading
of Ordinance No. 87 -next number, "An Ordinance of
the City Council of the City of Hermosa Beach,
California, to Prohibit the Issuance of building
Permits for Developments that do not meet the
Standards of both the General Plan Designation and
Zoning Classification for a particular property to
be developed or improved" as amended.
Midstokke: That amendment being on page 2, Section 3, line 27,
added "This ordinance not not preclude the right to
request the normal variance procedure."
DeBellis: Then on line 22 and 26 in both, is that what we
decided to do?
Midstokke: No.
Rosenberger: No.
Cioffi: No. On page 3 there are changes also.
Rosenberger: On page 3 there is a change on line 14.
Lough: That would be to add "the minimum density criteria"
on line 14, page 3 add the word density, and then
under Section 7, line 18, add the following
language: "This ordinance shall not apply to any
project that has submitted completed conceptual
plans to the City of Hermosa Beach on or before
February 10, 1987." and then the rest of the
ordinance would stand as submitted to Council.
Cioffi:
Lough:
DeBellis:
Before we have the roll call, Mr. Lough had
suggested, is there any consideration for changes
under the zoning classifications which refer back
to the General Plan designation "General
Commercial" and "Multi -Use Corridor"?
I would suggest the "Multi -Use Corridor" be left as
it is and maybe get the Building Director if you
want to talk about any changes under the "General
Commercial" as far as adding C-1.
Mr. Grove, my only question is whether we have
cumulative zoning or not? So,if you have a C-2
zoned property, are you allowed to put C-1 uses on.
it? So then it should say C-1. C-1, C-2, C-3 and
- 12 -
any commercial specific. OK. Then I would like to
add that as an amendment on line 10 of page 2. To
add C-1 on that line.
Cioffi: And leave line 12 the way it is.
DeBellis: Yes.
Cioffi: OK, this was for waiver of full reading.
Midstokke: Councilmember DeBellis - yes
Mayor Cioffi - yes
Councilmember Rosenberger - yes
Councilmember Simpson - yes
Councilmember Williams - yes
The motion would be to introduce the above
ordinance.
DeBellis: So moved.
Rosenberger: Second.
Cioffi: Roll call.
Midstokke: Councilmember DeBellis - yes
Rosenberger - yes
Simpson - yes
Williams - yes
Mayor Cioffi - yes
Cioffi:
OK, now that we have completed item 5 we will go
back to the Consent Calendar.
November 16, 1987
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council November 24, 1987
SUBJECT:
LOCATION:
APPLICANT:
REQUEST:
SPECIAL STUDY NO. 87-10 & TEXT AMENDMENT --
CARETAKER UNIT IN CONJUNCTION WITH PERSONALIZED MINI -STORAGE
552 - 11TH PLACE AND ALL M ZONE AREAS
GEAN KOWALSKI, GUARDIAN PROPERTY MANAGEMENT
TO PERMIT CARETAKERS UNIT
Recommendation
Staff recommends adoption of the attached Ordinance adding "Mini -Storage
Personal" and "Caretaker Unit" to the M Zone.
Background
At the August 4, 1987 meeting, the Planning Commission directed Staff to
study allowing mini -storage and caretaker units in the M -Zone.
At the October 20, 1987 meeting, the Planning Commission recommended
approval of both "Mini -Storage, Personal" and "Caretaker Unit".
Abstract
Approval of the attached Ordinance will add to the M-1 Zone Permitted Use
List "Mini -Storage, Personal" and "Caretaker Unit". It will also add
definitions of the subject uses to the Definitions Section of the Zoning
Ordinance.
Refer to the attached staff report for further analysis.
Attachments
1. Proposed Ordinance.
2. Planning Commission Resolutions 87-59 and 87-59(a).
3. Planning Commission minutes of October 20, 1987.
4. Staff Report to Planning Commission
`
Gayle/1T. Martin
Inter m City Manager
Respectfully s ;bmitted
Michael Schubach
Planning Director
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ORDINANCE NO. 87-
N ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING
DDING CARETAKER UNIT TO THE M -ZONE SUBJECT TO A CONDITIONAL USE
ERMIT AND CONDITIONS OF APPROVAL AND APPROVING AN ENVIRONMENTAL
EGATIVE DECLARATION.
WHEREAS, the City Council held a public hearing on November
24, 1987 to receive oral and written testimony regarding this
atter and made the following Findings:
Caretaker Units should be limited to those uses where an
unusual form of harm or danger to life or property exists;
▪ Typical dangers of fire, theft, earthquakes, or similar do
not constitute grounds for caretaker units;
• Where unusual danger or harm to property exists beyond those
that are typically a concern of the City's public services,
i.e. Police, Fire, Public Works, a property owner may request
a caretaker's unit;
NOW, THEREFORE, The City of Hermosa Beach, California does
hereby ordain the following Amendment to Zoning Ordinance:
SECTION 1. Add to Article 2, Definitions, the following new
section:
"Section 283. Caretaker Unit. Caretaker unit shall
mean a residence of not more than one -bedroom,
consisting of not more than 4 rooms, having a maximum
of 950 square feet of floor area and is limited in
conjunction with those uses where an unusual form of
harm or danger to life or property exists beyond those
protected by the Police, Fire, and/or other public
agencies as determined by the Planning Commission."
SECTION 2. Add to Article 9, Section 9-2, Permitted Uses, in
alphabetical order the following:
"Caretaker Unit, Conditional Use Permit required"
PASSED, APPROVED, and ADOPTED this 24th day of November, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
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ATTEST:
APPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
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ORDINANCE 87 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING ADDING PERSONALIZED MINI -STORAGE TO THE
M -ZONE AND APPROVING AN ENVIRONMENTAL NEGATIVE DECLARATION.
WHEREAS, the City Council held a public hearing on November
24, 1987 to receive oral and written testimony regarding this
matter and made the following Findings:
A. Personalized mini -storage is similar in intensity to other
uses in the M-1 Zone;
B. The external effect of said use on adjacent uses will not be
significant as long as dangerous materials are not stored;
C. Personalizied mini -storage will be a benefit to the community
by providing residents with convenient storage facilites;
NOW, THEREFORE, The City Council of the City of Hermosa
Beach, California does hereby ordain the following Amendment
to the Zoning Ordinance:
SECTION 1. Add to Article 2, Definitions, the following new
section:
"Section 282. Mini -storage, Personal. Mini -storage
shall mean an establishment which rents storage space
for personal use by the rentee, and no materials of a
hazardous nature, i.e. toxics, highly inflammable,
and/or similar are stored; nor shall there be
warehousing of whole -sale and/or retail materials
and/or products."
SECTION 2. Add to Article 9, Section 9-2, Permitted Uses, in
alphabetical order the following:
"Mini -storage, Personal (see Definitions, Article 2)"
PASSED, APPROVED, and ADOPTED this 24th day of November, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
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ATTEST:
APPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
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RESOLUTION P.C. 87-59(a)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING APPROVAL OF ADDING CARETAKER UNIT
TO THE M -ZONE SUBJECT TO A CONDITIONAL USE PERMIT AND CONDITIONS
OF APPROVAL AND APROVING AN ENVIRONMENTAL NEGATIVE DECLARATION.
WHEREAS, the Planning Commission held a public hearing on
October 20, 1987 to receive oral and written testimony regarding
this matter and made the following Findings:
A. Caretaker Units should be- limited to those uses where an
unusual form of harm or danger to life or property exists;
B. Typical dangers of fire, theft, earthquakes, or similar do
not constitute grounds for caretaker units;
C. Where unusual danger or harm to property exists beyond those
that are typically a concern of the City's public services,
i.e. Police, Fire, Public Works, a property owner may request
a caretaker's unit;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby
recommend the following Amendment to the Zoning Ordinance:
SECTION 1. Add to Article 2, Definitions, the following new
section:
"Section 283. Caretaker's Unit. Caretaker's unit
shall mean a residence of not more than one -bedroom,
consisting of not more than 4 rooms, has a maximum of
950 square feet of floor area and is limited in
conjunction with those uses where an unusual form of
harm or danger to life or property exists beyond those
protected' by the Police, Fire, and/or other public
agencies as determined by the Planning Commission."
SECTION 2. Add to Article 9, Section 9-2, Permitted Uses, in
alphabetical order the following:
"Caretaker's Unit, Conditional Use Permit required"
VOTE: AYES: Comm.Rue,Acting Chmn.Compton
NOES: Comm.Peirce
ABSTAIN: None
ABSENT: Comms.Ingell,Sheldon
CERTIFICATION
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I hereby certify that the foregoing Resolution P.C. 87-59(a) is a
true and complete record of the action taken by the Planning
Comm_i,sssion of the amity of Hermosa Beach, California at their
regiqa mee ing of; October 20, 1987. J -2
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e'ald Compton, Acting Chairman Michael Schubach, Secretary
Date
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RESOLUTION P.C. 87-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING APPROVAL OF ADDING PERSONALIZED
MINI -STORAGE TO THE M -ZONE AND APROVING AN ENVIRONMENT.d. NEGATIVE
DECLARATION.
WHEREAS-,- the Planning Commission held a public hearing on
October 20, 1987 to receive oral and written testimony regarding
this matter and made the following Findings:
A. Personalized mini -storage is similar in intensity to other
uses in the M-1 Zone;
B. The external effect of said use on adjacent uses will not be
significant as long as dangerous materials are not stored;
C. Personalizied mini -storage will be a benefit to the community
by providing residents with convenient storage facilities;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California does hereby
recommend the following Amendment to the Zoning Ordinance:
SECTION 1. Add to Article 2, Definitions, the following new
section:
"Section 282. Mini -storage, Personal. Mini -storage
shall mean an establishment which rents storage space
for personal use by the rentee, and no materials of a
hazardous nature, i.e. toxics, highly inflammable,
and/or similar are stored; nor shall there be
warehousing of whole -sale and/or retail materials
and/or products."
SECTION 2. Add to Article 9, Section 9-2, Permitted• Uses, in
alphabetical order the following:
"Mini -storage, Personal (see Definitions, Article 2)"
VOTE.: AYES: Comm. Peirce,Rue,Acting Chmn.Compton
NOES: None
ABSTAIN: None
ABSENT: Comms.Ingell,Sheldon
CERTIFICATION
27 I hereby- certify that the foregoing Resolution P.C. 87-59 is a
true and complete record of the action taken by the Planning
28 Commission of the City of Hermosa Beach, California at their
regular meeting of October 20, 1987.
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era d—ninipton, Acting Chairman Michael Schubach, Secretary
Date
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PLANNING COMLION MINUTES - OCTOBER 20. 1987~ PAGE 11
TEXT AMENDMENT TO ZONING ORDINANCE AND ENVIRONMENTAL NEGATIVE
DECLARATION TO ADD "MINI -STORAGE, PERSONAL" AND "CARETAKER'S UNIT,
CONDITIONAL USE PERMIT REQUIRED" TO PERMITTED USES OF M -ZONE, •
MANUFACTURING
PLANNING COM& BION MINUTES - OCTOBER 20, 198/
PAGE 12
Mr. Schubach gave staff report dated October 13, 1987. At the August 4, 1987, meeting
of the Planning Commission, staff was directed to study allowing mini -storage and
caretaker units in the M -Zone.
Currently, the ordinance does not allow caretaker units or mini -storages. Allowing mini -
storage in the M -Zone would not be a problem so long as the storage of toxics,
explosives, highly flammable materials, and other hazardous materials is prohibited.
Caretaker units should be extremely limited; otherwise, these types of units are merely a
method by which to put residences in the manufacturing zone.
Only under unusual circumstances should caretaker units be allowed. Basic security of
the building or its contents should not be an adequate reason. To ensure that the
caretaker units are reserved for unusual situations, a conditional use permit should be
required. Also, the unit should be restricted to one bedroom.
The applicant desires to have a caretaker's unit at his existing mini_ storage business
because of the danger of severe flooding. The applicant has indicated that water pumps
have been installed; but, if for some reason, those pumps fail, severe flooding will occur
unless someone is there to correct the failure.
Mr. Schubach suggested that the caretaker's unit be only four rooms, with one bedroom,
and a maximum of 900 square feet; further, that a conditional use permit be required for
this use. He stated that this would be added to the definition of a caretaker's unit.
Mr. Schubach recommended approval of the proposed resolution allowing caretaker units
and personalized mini -storage facilities in the manufacturing zone.
Public Hearing opened at 10:01 P.M. by Chmn. Compton.
Gene Kowalski, representing the owners of the mini -storage facility, addressed the
Commission. He explained the flooding problems at the location of the mini -storage
facility. He stated that this facility has a unique requirement for a caretaker's unit
because of the flooding problems. He noted that if it becomes necessary in the event of
an electrical failure, someone must be present to manually start the back-up gasoline
generator.
Comm. Rue asked how stored items at the facility are monitored.
Mr. Kowalski stated that it is publicized as to what can and cannot be stored at the
facility. Also, the items are observed as they are being put into storage. He noted that
the caretaker would also oversee what is being stored there; although, his main
responsibility would be during the flood season.
Chmn. Compton asked whether the management has a right to inspect what is being
stored at the facility.
Mr. Kowalski stated that the management has a right to refuse storage if there is reason
to believe the material is not in compliance with the requirements. He noted that
management has'worked with the Police Department in regard to this issue.
Peter Bond, 918. Manhattan Avenue, stated that there are other types of generators
which are available on the market which do not require a manual start. He continued by
describing those systems, and he stated that they are very reliable. He stated that this
PLANNING COM( JION MINUTES - OCTOBER 20, 198r PAGE 13
would be much cheaper than having a caretaker live on the premises.
Mr. Kowalski stated that he is not familiar with the system discussed by Mr. Bond. He
further noted that the owners of the property have spent a large amount of money on the
system currently in use at the location and it is state-of-the-art.
Mr. Schubach stated that staff feels there is a legitimate reason to have a caretaker at
this particular location. He noted that this applicant must come before the Commission
to request a conditional use permit for the caretaker's unit; at that time, the Commission
can impose conditions which are deemed necessary.
Public Hearing closed at 10:07 P.M. by Chmn. Compton.
Comm. Peirce noted that there are very reliable back-up systems which can be used at
this location; however, he stated that they can be quite expensive.
Comm. Peirce could see no reason why there should be a caretaker's unit at a mini -
storage facility in the manufacturing zone.
MOTION by Comm. Rue, seconded by Chmn. Compton, to approve staff's
recommendation, Resolution P.C. 87-57, as written; with the addition of wording that the
caretaker's unit shall be four rooms, consisting of one bedroom only, a bath, kitchen and
living area, to be a maximum of 900 square feet; and that a conditional use permit shall
be required for the caretaker's unit.
Comm. Peirce asked how many votes are necessary for this motion to pass, noting that it
is a zoning matter.
Mr. Lough stated that approval would require a majority,_vote.,of._.the_ Commissioners
present.
Comm. Peirce noted that he would vote against the motion because he could find no
compelling reason why there should be a caretaker's unit in the manufacturing zone. He
felt that such action would be not be good planning. He noted, however, that he felt a
mini -storage use is acceptable in the M -Zone.
MOTION WITHDRAWN by Comm. Rue as maker and agreed to by Chmn. Compton as
second.
MOTION by Comm. Rue, seconded by Comm. Peirce, to approve a portion of the text
amendment Resolution: specifically, Section 282, relating to mini -storage, personal; and
to delete from Section 2 the following wording: "Caretaker's Unit, Conditional Use
Permit required."
AYES: Comms. Peirce, Rue, Chmn. Compton
NOES: None
ABSTAIN: None
ABSENT:. Comms. Ingell, Sheldon _
After Mr. Lough researched the code to be certain that approval of zoning issues is based
on a majority vote of the Planning Commissioners present, the following motion was
made:
MOTION by Chmn. Compton, seconded by Comm. Rue, to approve caretaker's units as
part of the text amendment, with the additional staff recommendation that the
PLANNING COMM( ON MINUTES - OCTOBER 20, 1987( PAGE 14
caretaker's unit shall be four rooms only — a bedroom, bath, kitchen, and living room;
and that the unit shall not exceed 900 square feet. Further, that the unit shall require
approval of a conditional use permit.
AYES: Comm. Rue, Chmn. Compton
NOES: Comm. Peirce
ABSTAIN: None
ABSENT: Comms. Ingell, Sheldon
� C
October 13, 1987
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach Planning Commission October 20, 1987
SUBJECT: SPECIAL STUDY NO. 87-10; CARETAKER'S UNIT IN
CONJUNCTION WITH PERSONALIZED MINI -STORAGE
LOCATION: 552 - 11TH PLACE AND ALL M ZONE AREAS
APPLICANT: GEAN KOWALSKI, GUARDIAN PROPERTY MANAGEMENT
Recommendation
Staff recommends adoption of the attached resolution allowing
caretaker units and personalized mini -storage in the M -Zone.
Background
At the August 4, 1987 meeting, the Planning Commission directed
Staff to study allowing mini -storage and caretaker units in the
M -Zone.
Analysis
Currently, the ordinance does not allow caretaker units or
mini -storage.
Mini -storage: Allowing mini -storage in the M -Zone would not be a
problem as long as the storage of toxics, explosives, highly
inflammable materials, and other hazardous materials were
prohibited.
Caretaker Units: Caretaker units should be extremely limited;
otherwise these types of units are just a means to put residences
in Manufacturing areas.
Only under unusual circumstances should caretaker units be
allowed; basic security of the building, or its contents, should
not be an adequate reason. To make certainthat caretaker units
are reserved for unusual situations, a C.U.P. should be required.
Also, the unit should be restricted to a one -bedroom unit.
The applicant desires to have a caretaker's unit at his existing
mini -storage business because of the danger of severe flooding.
The applicant has indicated that water pumps have been installed,
but if, for some reason, those pumps fail, severe flooding will
occur unless someone is there to correct for the failure.
I:il ' 1_AJ1
Michael Schubach
Planning Director
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Honorable Mayor and Members of the
Hermosa Beach City Council
November 16, 1987
Regular Meeting of
November 24, 1987
SUBJECT: SPECIAL STUDY NO. 87-12 & TEXT AMENDMENT PERMITTING
RECYCLING FACILITIES
INITIATED BY CITY COUNCIL
Recommendation
Staff recommends adoption of the attached Ordinance approving
Recycling Facilities subject to specified conditions.
Background
On October 20, 1987, the Planning Commission adopted a resolution
recommending approval of permitting recycling facilities.
Abstract
The attached Ordinance is in accordance with the newly enacted
state laws regarding recycling. The Ordinance differs from the
current interim Ordinance in that it does not require a
Conditional Use Permit for single -feed reverse vending machines.
However, certain conditions are imposed, and if a request is made
to differ with those conditions, a Conditional Use Permit would
be required.
Analysis
Refer to the attached staff report to. the Planning Commission.
Attachments
1. Proposed Ordinance.
2. Planning Commission Resolution No. 87-64.
3. Planning Commission minutes of October 20, 1987.
4. Staff report to Planning Commission.
CUR:
'Gayle T. Martin
Inte im City Manager
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Respectful // ]submit
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//Q
/7 X;) .,.r
Michael 'Schubaz i
Planning Director
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ORDINANCE NO. 87-
N ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PERMITTING
RECYCLING FACILITIES IN VARIOUS ZONES AND REQUIRING A CONDITIONAL
SE PERMIT FOR CERTAIN FACILITIES, AND APPROVING AN ENVIRONMENTAL
EGATIVE DECLARATION.
WHEREAS, the City Council held a public bearing on November
24, 1987 to receive oral and written testimony on this matter and
ade the following Findings:
The City Council desires to make redemption and recycling of
re -usable materials convenient to the consumer in order to
reduce litter and increase the recycling of re -usable
materials;
The City Council desires to encourage the provision of
recycling services by adopting a comprehensive and easily
understood program of permitting and regulating such uses;
C. This ordinance is found by the City Council to be necessary
to provide for implementation of the California Beverage
Container and Litter Reduction Act;
D. In order to protect the health, safety, and welfare related
to odors, noise, and aesthetics, the City Council deems this
ordinance necessary;
E. The City of Hermosa Beach has unique and persistent parking
problems in the commercial district.
NOW, THEREFORE, the City of Hermosa Beach, California, does
hereby ordain the following:
Section 1: Add the following to Article 2, Definitions, of the
Zoning Ordinance:
"Section 278. Recyclable Material.
Recyclable material is re -usable material including
but not limited to metals, glass, and paper, which are
intended for re -use, remanufacture, or reconstitution
for the purpose of using the altered form. Recyclable
material does not- •include refuse or hazardous
material. Recyclable material may include used motor
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oil collected and transported in accordance with
Sections 25250.11 and 25143.2(b)(4) of the California
Health and Safety Code.
Section 279. Reverse Vending Machine(s).
A reverse vending machine is an automated mechanical
device which accepts at least one or more types of
empty beverage containers including but not limited to
aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value
not less than the container's redemption value as
determined by the State. A reverse vending machine
may sort and process containers mechanically provided
that the entire process is enclosed within the
machine. In order to accept and temporarily store all
three container types in a proportion commensurate
with their relative redemption rates and to meet the
requirements of certification as a recycling facility,
multiple grouping of reverse vending machines may be
necessary.
Section 280. Mobile Recycling Unit.
A mobile recycling unit means an automobile, truck,
trailer or van, licensed by the Department of Motor
Vehicles which is used for the collection of
recyclable materials. A mobile recycling unit also
means the bins, boxes or container transported by
trucks, vans, or trailers, and used for the collection
of recyclable materials.
Section 281. Recycling Collection Facilities.
A collection facility is a center for the acceptance
by donation, redemption, or purchase of recyclable
materials from the public. Such a facility does not
use power -driven processing equipment except as
permitted by Conditional Use Permit.
Collection facilities may include the following:
1. Reverse vending machines(s);
2. Small collection facilities which occupy an area of
not more than 500 square feet, and include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of
reverse vending machines occupying more than 50
square feet;
c. Kiosk type units which may include structures;
d. Unattended containers placed for the recyclable
materials.
3. Large collection facilities which may occupy an
area of more than 500 square feet, may include
permanent structures and is not appurtenant to a
host use."
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ection 2. Add the following to Article 8, Section 8-2,
Neighborhood Commercial Zone, in alphabetical order:
"Reverse vending machine(s); subject to Article 10,
Section 10-10."
ection
Add the folowing to Article 8, Section 8-4, General
Commercial Zone, in alphabetical order:
"Recycling, small collection
Article 10, Section 10-11;
required.
Recycling, large collection
Article 10, Section 10-11;
required."
facilities;
Conditional
facility;
Conditional
subject to
Use Permit
subject to
Use Permit
ection 4. Add the following new section to Article 10,
Conditional Use Permit Standards:
"Section 10-10. Reverse Vending Machines(s).
Reverse vending machine(s), single feed, may be
installed without a Conditional Use Permit when the
following criteria and standards are met; any
variation to such standards or criteria shall require
a Conditional Use Permit. Violation of the standards
and criteria shall be deemed a misdemeanor offense,
and grounds for removal of the use as determined by
the Planning Commission.
1. Established in conjunction with a commercial use or
community service facility which is in compliance
with the zoning, building and fire codes of the
City;
2. Located within 30 feet of the entrance to the
commercial structure and shall not obstruct
pedestrian or vehicular circulation;
3. Parking spaces required by the primary use are not
occupied;
4. No more than 50 square feet of floor space per
installation, including any protective enclosure,
and shall be no more than eight (8) feet in height;
5. Constructed of durable waterproof and rustproof
material;
6. Clearly marked to identify the type material to be
deposited, operating instructions, and the identity
and phone number of the operator or responsible
person to call if the machine is inoperative;
7. Sign area of a maximum of four (4) square feet per
machine, exclusive of operating instructions;
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a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of County Health Department for
persons to contact in case of an immediate
threat to public health and safety caused by
debris or any other health hazards;
8. Maintained in a clean, litter -free condition on a
daily basis;
9. Operating hours shall be at least the operating
hours of the host use;
10. Illuminated to ensure comfortable and safe
operation if operating hours are between dusk and
dawn.
11. An annual business license shall be obtained.
Section 10-11. Recycling, Small Collection Facilities.
Small collection facilities may be sited in the C-3
and M-1 zones with a conditional use permit provided
they shall comply with the following conditions:
1. Established in conjunction with an existing
commercial use or community service facility which
is in compliance with the zoning, building and fire
codes of the City;
2. No larger than 500 square feet;
3. Set back at least ten (10) feet from any street
line and shall not obstruct pedestrian or vehicular
circulation;
4. Accept only glass, metals, plastic containers,
papers and other items as deemed acceptable by the
Planning Commission;
5. No power -driven processing equipment except for
reverse vending machines;
6. Containers constructed and maintained with durable
waterproof and rustproof material, covered when
site is not attended, secured from unauthorized
entry or removal of material, and of a capacity
sufficient to acomodate materials collected in
conjunction with the collection schedule;
7. Store all recyclable material in containers or in
the mobile unit vehicle, and no materials outside
of containers when attendant is not present;
8. Maintained free of litter and any other undesirable
materials, and mobile facilities, when truck or
containers are removed at the end of each
collection day, shall be swept at the end of each
collection day;
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9. Maximum noise levels of 60 dBA as measured at the
property line of residentially zoned or occupied
property; a maximum of 70 dBA in all other cases;
10. Attended facilities located within 100 feet of a
property zoned or occupied for residential use
shall operate only during the hours between 9:00
a.m. and 7:30 p.m.;
11. Containers for the 24-hour donation of materials
shall be at least 100 feet from any property
occupied for residential use unless there is a
recognized service corridor and acoustical
sheilding between the container and the residential
use;
12. Containers shall be clearly marked to identify the
type of material which may be deposited; the
facility shall be clearly marked to identify the
name and telephone number of the facility operator
and the hours of operation, and display a notice
stating that no material shall be left outside the
recycling enclosure of containers;
a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of the County Health Department
for persons to contact in case of an immediate
threat to public health and safety caused by
debris and/or any other health hazards;
13. Signs may be established as follows:
a. Recycling facilities may have identification
signs with a maximum of 20 percent per side or
16 square feet, whichever is larger, in addition
to informational signs required in condition 12;
in the case of a wheeled facility, the side will
be measured from the pavement to the top of the
container;
14. The facility shall not encroach into any
landscaping;
15. Mobile recycling units shall have an area clearly
marked to prohibit other vehicular parking during
hours when the mobile unit is scheduled to be
present;
16. Occupation of parking spaces by the facility and
the attendant may not reduce available parking
spaces below the minimum number required for the
primary host use;
17. If the permit expires without renewal, the
collection facility shall be removed from the site
on the day following permit expiration.
Section 10-12. Recycling, Large Collection Facilities.
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Large collection facilities may be sited in the C-3
and M-1 Zones with a Conditional Use Permit provided
they comply with the following conditions:
1. Facility does not abut a property zoned or planned
for residential use;
2. Facility will be screened from the public.
right-of-way by operating in an enclosed building
or:
a. Within an area enclosed by an opaque block wall
at least six (6) feet in height with
landscaping.
b. At least 150 feet from the property zoned or
planned for residential use; and
c. Meets all applicable noise standards.
3. Setbacks and landscape requirements shall be
reviewed and approved by the Planning Commission;
4. All exterior storage of material shall be in sturdy
containers which are covered, secured, and
maintained in good condition. Storage containers
for flammable material shall be constructed of
nonflammable material. Oil storage must be in
containers approved by the Fire Department. No
storage, excluding truck trailers and overseas
containers, will be visible above the height of the
fencing;
5. Site shall be maintained free of litter and any
other undesirable materials, and will be cleaned of
loose debris on a daily basis;
6. A minimum of six (6) vehicle parking spaces, or one
space per 1000 square feet of land area, whichever
is greater, shall be provided;
7. One (1) parking space will be provided for each
commercial vehicle operated by the recycling
facility.
8. Noise levels shall not exceed 60 dBA as measured at
the property line of residentially zoned property,
or otherwise shall not exceed 70 dBA;
9. If the facility is located within 500 feet of
property zoned, planned or occupied for residential
use, it shall not be in operation between 7:00 p.m.
and 7:00 a.m.;
10. Any containers provided for after-hours donation of
recyclable materials will be at least 100 feet from
any property zoned or occupied for residential use,
shall be of sturdy, rustproof construction, shall
have sufficient capacity to accommodate materials
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collected, and shall be secure from unauthorized
entry or removal of materials.
11. Donation areas will be kept free of litter and any
other undesirable material, and containers will be
clearly marked to indentify the type of material
that may be deposited; facility shall display a
notice stating that no material shall be left
outside the recycling containers;
12. Facility will be clearly marked with the same name
and phone number of the facility operator and the
hours of operation; identification and
informational signs will meet the standards of the
zone; and directional signs, bearing no advertising
message, may be installed, if necessary, to
facilitate traffic circulation or if the facility
is not visible from the public right. -of -way;
a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of County Health Department for
persons to contact in case of an immediate
threat to public health and safety caused by
debris or any other health hazards.
13. Power -driven processing, including aluminum foil
and can compacting, baling, plastic shredding, or
other light processing activities necessary for
efficient temporary storage and shipment of
material, may be approved if noise and other
conditions are met.
ASSED, APPROVED, and ADOPTED this 24th day of November, 1987.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
TTEST:
PPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
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c
RESOLUTION P.C. 87-64
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING PERMITTING RECYCLING FACILITIES
IN VARIOUS ZONES AND REQUIRING A CONDITIONAL USE PERMIT FOR
CERTAIN FACILITIES, AND APPROVING AN ENVIRONMENTAL NEGATIVE
IsECLARATION.
WHEREAS, the Planning Commission held a public hearing on
October 20, 1987 to receive oral and written testimony on this
••.atter and made the following Findings:
The Planning Commission desires to make redemption and
recycling of re -usable materials convenient to the consumer
in order to reduce litter and increase the recycling of
re -usable materials;
B. The Planning Commission desires to encourage the provision of
recycling services by adopting a comprehensive and easily
understood program of permitting and regulating such uses;
C. This ordinance is found by the Planning Commission to be
necessary to provide for implementation of the California
Beverage Container and Litter Reduction Act;
D. In order to protect the health, safety, and welfare related
to odors, noise, and aesthetics, the Planning Commission
deems this ordinance necessary;
E. The City of Hermosa Beach has unique and persistent -,parking
problems in the commercial district.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby
recommend the following:
Section 1: Add the following to Article 2, Definitions, of the
Zoning Ordinance:
"Section 278. Recyclable Material.
Recyclable material is re -usable material including
but not limited to metals, glass, and paper, which are
intended for re -use, remanufacture, or reconstitution
for the purpose of using the altered form. Recyclable
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material does not include refuse or hazardous
material. Recyclable material may include used motor
oil collected and transported in accordance with
Sections 25250.11 and 25143.2(b)(4) of the California
Health and Safety Code.
Section 279. Reverse Vending Machine(s).
A reverse vending machine is an automated mechanical
device which accepts at least one or more types of
empty beverage containers including but not limited to
aluminum cans, glass and plastic bottles, and issues a
cash refund or a redeemable credit slip with a value
not less than the container's redemption value as
determined by the State. A reverse vending machine
may sort and process containers mechanically provided
that ,the entire process is enclosed within the
machine. In order to accept and temporarily store all
three container types in a proportion commensurate
with their relative redemption rates and to meet the
requirements of certification as a recycling facility,
multiple grouping of reverse vending machines may be
necessary.
Section 280. Mobile Recycling Unit.
A mobile recycling unit means an automobile, truck,
trailer or van, licensed by the Department of Motor
Vehicles which is used for the collection of
recyclable materials. A mobile recycling unit also
means the bins, boxes or container transported by
trucks, vans, or trailers, and used for the collection
of recyclable materials.
Section 281. Recycling Collection Facilities.
A collection facility is a center for the acceptance
by donation, redemption, or purchase of recyclable
materials from the public. Such a facility does not
use power -driven .processing equipment except as
permitted by Conditional Use Permit.
Collection facilities may include the following:
1. Reverse vending machines(s);
2. Small collection facilities which occupy an area of
not more than 500 square feet, and include:
a. A mobile unit;
b. Bulk reverse vending machines or a grouping of
reverse vending machines occupying more than 50
square feet;
c. Kiosk type units which may include structures;
d. Unattended containers placed for the recyclable
materials.
3. Large collection facilities which may occupy an
area of more than 500 square feet, may include
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permanent structures and is not appurtenant to a
host use."
Section 2 Add the following to Article 8, Section 8-2,
Neighborhood Commercial Zone, in alphabetical order:
"Reverse vending machine(s); subject to Article 10,
Section 10-10."
Section 3. Add the folowing to Article 8, Section 8-4, General
Commercial Zone, in alphabetical order:
"Recycling, small collection facilities;
Article 10, Section 10-11; Conditional
required.
Recycling, large collection facility;
Article 10, Section 10-11; Conditional
required."
subject to
Use Permit
subject to
Use Permit
Section 4. Add the following new section to Article 10,
Conditional Use Permit Standards:
"Section 10-10. Reverse Vending Machines(s).
Reverse vending machine(s), single feed, may be
installed without a Conditional Use Permit when the
following criteria and standards are met; any
variation to such standards or criteria shall require
a Conditional Use Permit. Violation of the standards
and criteria shall be deemed a misdemeanor offense,
and grounds for removal of the use as determined by
the Planning Commission.
1. Established in conjunction with a commercial use or
community service facility which is in compliance
with the zoning, building and fire codes of the
City;
2. Located within .30 feet of the entrance to the
commercial structure and shall not obstruct
pedestrian or vehicular circulation;
3. Parking spaces required by the primary use are not
occupied;
4. No more than 50 square feet of floor space per
installation, including any protective enclosure,
and shall be no more than eight (8) feet -in height;
5. Constructed of durable waterproof and rustproof
material;
6. Clearly marked to identify the type material to be
deposited, operating instructions, and the identity
-and phone number of the operator or responsible
person to call if the machine is inoperative;
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7. Sign area of a maximum of four (4) square feet per
machine, exclusive of operating instructions;
a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of County Health Department for
persons to contact in case of an immediate
threat to public health and safety caused by
debris or any other health hazards;
8. Maintained in a clean, litter -free condition on a
daily basis;
9. Operating hours shall be at least the operating
hours of the host use;
10.. Illuminated to ensure comfortable and safe
operation if operating hours are between dusk and
dawn.
11. An annual business license shall be obtained.
Section 10-11. Recycling, Small Collection Facilities.
Small collection facilities may be sited in the C-3
and M-1 zones with a conditional use permit provided
they shall comply with the following conditions:
1. Established in conjunction with an existing
commercial use or community service facility which
is in compliance with the zoning, building and fire
codes of the City;
2. No larger than 500 square feet;
3. Setback at least ten (10) feet from any street
line and shall not obstruct pedestrian or vehicular
circulation;
4. Accept only glass, metals, plastic containers,
papers and other items as deemed acceptable by the
Planning Commission;
5. No power -driven processing equipment except for
reverse vending machines;
6. Containers constructed and maintained with durable
waterproof and rustproof material, covered when
site is not attended, secured from unauthorized
entry or removal of material, and of a capacity
sufficient to acomodate materials collected in
conjunction with the collection schedule;
7. Store all recyclable material in containers or in
the mobile unit vehicle, and no materials outside
of containers when attendant is not present;
8. Maintained free of litter and any other undesirable
materials, and mobile facilities, when truck or
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containers are removed at the end of each
collection day, shall be swept at the end of each
collection day;
9. Maximum noise levels of 60 dBA as measured at the
property line of residentially zoned or occupied
property; a maximum of 70 dBA in all other cases;
10. Attended facilities located within 100 feet of a
property zoned or occupied for residential use
shall operate only during the hours between 9:00
a.m. and 7:30 p.m.;
11. Containers for the 24-hour donation of materials
shall be at least 100 feet from any property
occupied for residential use unless there is a
recognized service corridor and acoustical
sheilding between the container and the residential
use;
12. Containers shall be clearly marked to identify the
type of material which may be deposited; the
facility shall be clearly marked to identify the
name and telephone number of the facility operator
and the hours of operation, and display a notice
stating that no material shall be left outside the
recycling enclosure of containers;
a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of the County Health Department
for persons to contact in case of an immediate
threat to public health and safety caused by
debris and/or any other health hazards;
13. Signs may be established as follows:
a. Recycling facilities may have identification
signs with a maximum of 20 percent per side or
16 square feet, whichever is larger, in addition
to informational signs required in condition 12;
in the case of a wheeled facility, the side will
be measured from the pavement to the top of the
container;
14. The facility shall not encroach into any
landscaping;
15. Mobile recycling units shall have an area clearly
marked to prohibit other vehicular parking during
hours when the mobile unit is scheduled to be
present;
16. Occupation of parking spaces by the facility and
the attendant may not reduce available parking
spaces below the minimum number required for the
primary host use;
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17. If the permit expires without renewal, the
collection facility shall be removed from the site
on the day following permit expiration.
Section 10-12. Recycling, Large Collection Facilities.
Large collection facilities may be sited in the C-3
and M-1 Zones with a Conditional Use Permit provided
they comply with the following conditions:
1. Facility does not abut a property zoned or planned
for residential use;
2. Facility will _be screened from the public
right-of-way by operating in an enclosed building
or:
a. Within an area enclosed by an opaque block wall
at least six (6) feet in height - -with
landscaping.
b. At least 150 feet from the property zoned or
planned for residential use; and
c. Meets all applicable noise standards.
3. Setbacks and landscape requirements shall be
reviewed and approved by the Planning Commission;
4. All exterior storage of material shall be in sturdy
containers which are covered, secured, and
maintained in good condition. Storage containers
for flammable material shall be constructed of
nonflammable material. Oil storage must be in
containers approved by the Fire Department. No
storage, excluding truck trailers and overseas
containers, will be visible above the height of the
fencing;
5. Site shall be maintained free of litter and any
other undesirable materials, and will be cleaned of
loose debris on a daily basis;
6. A minimum of six (6) vehicle parking spaces, or one
space per 1000 square feet of land area, whichever
is greater, shall be provided;
7. One (1) parking space will be provided for each
commercial vehicle operated by the recycling
facility.
8. Noise levels shall not exceed 60 dBA as measured at•
the property line of residentially zoned property,
or otherwise shall not exceed 70 dBA;
9. If the facility is located within 500 feet of
property zoned, planned or occupied for residential
use, it shall not be in operation between 7:00 p.m.
and 7:00 a.m.;
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10. Any containers provided for after-hours donation of
recyclable materials will be at least 100 feet from
any property zoned or occupied for residential use,
shall be of sturdy, rustproof construction, shall
have sufficient capacity to accommodate materials
collected, and shall be secure from unauthorized
entry or removal of materials.
11. Donation areas will be kept free of litter and any
other undesirable material, and containers will be
clearly marked to indentify the type of material
that may be deposited; facility shall display a
notice stating that no material shall be left
outside the recycling containers;
12. Facility will be clearly marked with the same name
and phone number of the facility operator and the
hours of operation; identification and
informational signs will meet the standards of the
zone; and directional signs, bearing no advertising
message, may be installed, if necessary, to
facilitate traffic circulation or if the facility
is not visible from the public right-of-way;
a. The facility shall be clearly marked with
signage that lists the appropriate emergency
telephone number of County Health Department for
persons to contact in case of an immediate
threat to public health and safety caused by
debris or any other health hazards.
13. Power -driven processing, including aluminum foil
and can compacting, baling, plastic shredding, or
other light processing activities necessary for
efficient temporary storage and shipment of
material, may be approved if noise and other
conditions are met.
VOTE: AYES: Comms.Peirce,Rue
NOES: Acting Chmn.Compton
ABSTAIN: None
ABSENT: Comms.Ingell,Sheldon
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 87-64 is a
true and complete record of the action taken by the Planning
Commi'ss�on/of the -City of Hermosa Beach, California at their
egular s eetin-g of October 20, 1987. _,
r - /--
era'ld Compton, Acting
Date
Chairman Michael Schubach, Secretary
7
PLANNING COMMIStON MINUTES - OCTOBER 20, 1987 ( Pi 1!LE 11+
TEXT AMENDMENT TO ZONING ORDINANCE TO PERMcV TECTMENE=1:111VIITEMS
VARIOUS ZONES AND REQUIRE A CONDITIONAL 1`Es`E'. MERIC.1. Eat iMfRMANd
FACILITIES; AND APPROVE AN ENVIRONMENTAL NEGAM E dil,"lIi]h'f
Mr. Schubach gave staff report dated October 16, 1987. fuau:inttKv a ltiw ,11?l-e,Cit
17
Council adopted an interim ordinance allowing recycling fttriliEtiis:;ihritlitteCiDrurnialcrii-allanki
Manufacturing zones, and requested staff to prepare a pernant€*ati ctr tfirr�rt:.
Mr. Schubach stated that there are three types of recydl ag fti .;iii that roma
permit: reverse vending machines, small collection falittiriet54, arnrd a i=alertiazta
facilities. However, cities may regulate these facilities tat tii'tth, s anrfi wteiLri~.
Based on the State's model ordinance, large collection ft iitlic i ;c :uitd wilt -Malik
prohibited in this City since these facilities can be restri?r di uai iii 15110 f+eett. fawn. a yy
residential use or zone.
Mr. Schubach went on to describe in detail the three difr tentt tiyItissi oft n ,cixhg
n
facilities. He concluded by stating that staff recomminc& a ,ai at° ittie growled
resolution permitting recycling facilities.
Chmn. Compton discussed wording which could be incorraaratiedthe. ressalliltbYtin ih
regard to indoor reverse vending machines.
Mr. Schubach stated that he would rewrite the ordran and; returns It Ur), Atte
Commission.
Mr. Schubach discussed the reverse vending machines and he. manes; in+ wltrnh tqi y wsow:111
be permitted.
Public Hearing opened at 10:25 P.M. by Chmn. Compton.
Peter Bond, 918 Manhattan Avenue, Hermosa Beach, widinaossiet tittagnmilusiim mr1
discussed the various recycling facilities. He stated that1Hletam.o &f:artfhis awbearrys3nrar1
city and it is important to maintain a cleaner area. I-II ;telt that r,atryarllnT riil ie�
would harm the commercial areas; although, they 'navy agiwarlyriiili& iii .tire
manufacturing zones. He noted concern that such fact;ities rr:iet cthalwtr: art rrtts; tt-o the
area. He felt that recycling facilities could have serious iepcns' Qrassiintfiittyainrdtm
regard to environmental aspects. He also noted concern fa ran ii?ffiean:
Mr. Lough noted that this issue is state mandated and not corrutttolied,byr tile'Ci,tiyz<
Public Hearing closed at 10:33 P.M. by Chmn. Compton.
Chmn. Compton asked about the small collection facilitbi „ r ti„g t i itt 'i'tits Aype ;of
facility might be the most likely to draw transients. Ht net .tf' ttis t tliet crouldi
potential problem. He asked whether there could ie trandituisna-h ust}. le/mitt
1.-4UNIN11N� M1INU1L'J - UC1.013ER 20, 1987 PAGE 15
requirement for the reverse vending machines.
Mr. Schubach replied in the affirmative. He noted that there is currently such a
requirement for large and small collection facilities in the interim ordinance.
Mr. Schubach stated that the City Council has suggested that reverse vending machines
be encouraged by not requiring a conditional use permit.
Chmn. Compton disagreed, stating that he feels conditional use permits should be
required for all the facilities, and that all such facilities should be monitored very
carefully to determine potential problems. If problems persist, the CUP could then be
revoked.
Mr. Schubach stated that many requirements have een added in regard to the recycling
facilities, even though each one does not necessacahave to come before the Planning
Commission.
Chmn. Compton stressed the importance of the conditional use permit process as it
relates to enforcement issues.
Comm. Rue disagreed, stating that it's about time recycling facilities are made available
because of the large amounts of trash generated within the City. He felt that the
requirements imposed on the reverse vending machines are quite adequate. He noted
that his only concern is with the large facilities because of the potential for noise
problems. He noted, however, that there is a noise ordinance to address that issue.
MOTION by Comm. Peirce, seconded by Comm. Rue, to approve staff's recommendation,
Resolution P.C. 87-54.
Chmn. Comp -ton stated that he did not feel that recycling facilities should be allowed
everywhere in the City; therefore, he would vote against the motion. He stated that his
opposition to the motion is based only on the issue of the conditional use permits, not the
requirements for reverse vending machines. He noted the importance of enforcement
issues in regard to these facilities. In all other aspects, he favored approval of the
ordinance.
AYES: Comms. Peirce, Rue
NOES: Chmn. Compton
ABSTAIN: None
ABSENT: Comms. Ingell, Sheldon
1'
October 16, 1987
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beacb Planning Commission October 20,1987
SUBJECT: SPECIAL STUDY NO. 87-12 & TEXT AMENDMENT PERMITTING
RECYCLING FACILITIES
INITIATED BY CITY COUNCIL
Recommendation
Staff recommends adoption of the attached resolution permitting
recycling facilities.
Background
Pursuant to State law, the City Council adopted an interim
ordinance allowing recycling facilities in the Commercial and
Manufacturing Zones, and directed Staff to prepare a permanent
ordinance.
Analysis
Recycling Facilities: There are 3 types of recycling facilities
that cities must permit: (1) Reverse vending machines, (2) Small
collection facility, and (3) Large collection facility. However,
cities may regulate these facilites for health, safety, and
welfare, and based on the State's model ordinance, large
collection facilities could be virtually prohibited in this City
since these facilitates can be restricted within 150 feet from
any residential use or zone.
The following is the description of the 3 types of facilities:
1. Reverse Vending Machine
Reverse vending machines are mechanical devices that accept
one or more types of empty beverage containers and issue a
cash refund or redeemable coupon. Some machines will also
dispense coupons and promotional materials. The machines
identify containers by reading the bar code, scanning the
shape, or by other methods.
There are two main types of reverse vending machines:
single -feed and bulk -feed. Single -feed machines resemble
soda vending machines in size and appearance. They accept
one container at at time, count the containers, and pay the
consumer by number of containers deposited. One machine may
take aluminum, glass, and plastic containers or there may be
a separate machine for each material.
Bulk reverse vending machines are substantially larger. They
accept several containers at once,. usually pay by weight, and
will hold a substantially larger amount than a single -feed
1
reverse vending machine. Because of their larger size,
parking lot placement, and noise, bulk vending machines are
treated in the model ordinance as small collectors.
2. Small Collection Facility
Small collection facilites are no larger than 500 square feet
and are intended for collection only. They have room for
limited, day-to-day storage of material, and do not include
power -driven processing equipment except as part of reverse
vending machines. Examples of small collection facilities
are:
* Single drop-off containers for newspaper or glass;
* A set of containers with a staff person on-site 30
hours a week to purchase materials, and the containers
remain on-site for donation of materials at other
times;
* A truck which arrives on-site to purchase materials 30
hours a week, and is driven off-site at other times;
* A truck collecting re -usable materials for a charity
such as a Goodwill truck;
* A trailer or compartmentalized roll -off bin which
remains on-site, and is exchanged for a new bin when
full. An attendant is present 30 hours a week to
purchase materials. During off hours, all equipment
is loaded into the trailer and locked.
3. Large Collection Facility
Large collection facilities buy or accept material from the
public, move it to a shipping container, and store it until
there is enough for a shipment. Large collection facilities
differ from the small collection facilites in that they are
larger than 500 square feet, would most likely occupy a
single site rather than being on a host use, and have
capacity for aggregating and storing larger amounts of
material on-site in preparaton for shipping to market. This
type of facility is usually permanent and may include
permanent structures. A large collection facility uses
little or no power -driven processing equipment.
Large collection facilities vary in design and operation and
may include:
* A buy-back center located at a former gas station,
with most material handling indoors and with storage
containers located in or behind the building not
visible to the public;
* A drop-off and buy-back recycling center operated by a
non-profit organization._ Employees accept and sort
2
* A drop-off and buy-back recycling center operated by a
non-profit organization. Employees accept and sort
material from the public; drop-off containers are
usually available when the facility is not attended.
Processing Facilities: A processing facility receives material
from the public and/or other recycling facilities and uses
power -driven machinery to prepare recyclable materials for
efficient shipment. Because of economies of scale, processing
facilities will often be able to pay a higher scrap price for
materials than small collectors. They will attract customers who
bring relatively large amounts of materials.
A processing facility should not be confused with a =certified
processor. A certified processor is defined in the Act as a
facility which purchases at least one container type from
recycling centers and "cancels" them. Cancellation consists of
shipping the containers directly to their end user, or_ physically
processing them in a prescribed and recognizable manner so that
they cannot be re -redeemed. Certified processors pay recycling
centers their redemption values and scrap values, and often will
collect materials from reverse vending machines and small
collectors in convenience zones.
Processing facilities, as defined in the model zoning ordinance,
do not have to be certified processors. The definitions and
conditions for processing facilities in the model zoning
ordinance will allow them to perform the tasks required of
certified processors.
Light and heavy processing facilities are distinguished from each
other in the model. A light processing facility consists of up
to 45,000 square feet and has no more than two (2) shipments of
material a day on the average. This limits the volume, nuumber
of 'customers and size of the quipment. Heavy processing
facilities are larger, have higher volume, may accept materials
that arebulky or more difficult to work with, have more truck
traffic, and use more powerful processing machinery.
The impacts of processing facilities are similar to those of
smaller facilities except in degree. They include noise,
customer and truck traffic, outdoor storage and appearance.
Industrial impacts such as dust, fumes, smoke, and vibration are
generally not created.
Examples of processing facilities include:
* A Beverage distibutor who buys aluminum cans and uses an
aluminum can flattener, blower and/or briquetter;
* A company that buys aluminum cans, glass bottles,
plastic bottles, and newspaper from the public; collects
office paper from commercial facilities; operates
several satellite centers; and processes the materials
on-site;
* A company that processes material from a commercial
corrugated collection program and from a community
curbside recycling program.
Because a processing facility is at least 45,000 square feet in
area and since, the State's model ordinance states that these
facilities should not be located near residential development,
Staff believes these type of facilities should not be permitted
in Hermosa Beach.
Because of the configuration of Hermosa Beach, both commercial
and manufacturing areas are adjacent to residential areas;
thereby making it virtually impossible to locate a processing
facility away from residential uses.
Eliminating Parking: Currently, there is some cnfusion
regarding the recycling facility Act and the locating of
facilities on required parking areas. Staff has attended a
seminar and obtained literature concerning the new 1-aw. Nowhere
does the new law require a City to permit recycling facilities on
required parking areas. The model ordinance does suggest that it
be allowed, but it is not mandated. The City has the right to
adopt reasonable rules and regulations and a right to deny a
permit when it finds a facility to be detrimental to health,
safety, and welfare.
Michael SchubC
Planning Director
November 5, 1987
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of November 10, 1987
CONSIDERATION OF HOLDING BUT ONE REGULAR MEETING
DURING THE MONTH OF DECEMBER
The regularly scheduled Council meetings of December, 1987 are
December 8 and 22. Traditionally the Council has met but once
during that month, also we have usually avoided meeting during
the week of Christmas.
It is suggested that the City Council declare its intent to meet
but once (as a regular meeting) during December, 1987 and that
the date of the meeting be December 15 or 16, at 7:30 p.m. with a
Closed Session at 6 p.m.
. , /
GAY " T. MARTIN
Interim City Manager
GM/ld
'November 19, 1987
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of November 24, 1987
INSTRUCTIONS TO CITY SELECTION COMMITTEE DELEGATE
TO VOTE FOR APPOINTMENT OF A MEMBER OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT BOARD
Recommendation
It is recommended that:
1. City Council select one of the nominated candidates for
election to the SCAQMD Board; and
2. Instruct delegate to vote for the selected candidate.
Background
On December , 1 1987at 8:00 p.m. in McCandeless Auditorium, 9150
E. Flai3
r Drive, El Monte, California, the City Selection Commit-
tee will elect a person to represent the Los Angeles County Cit-
ies on the streamlined Board of Directors of the South Coast Air
Quality Management District (SCAQMD) for a 4 -year term.
At the last session of the Legislature, SB -51 was passed and
signed into law. This new law has a significant impact on the
mandates, authorities and appointments on the District Board.
Analysis
The composition of the District Board is outlined in the attached
letter dated November 9, 1987 from Charles Storing, Chairman, Los
Angeles County City Selection Committee. This letter goes fur-
ther to state the desired qualifications of the Board member to
be appointed and that person's ability to attend Board meetings.
Mayor Simpson has received correspondence indicating that the
following persons have been nominated:
1. Marvin Braude - City of Los Angeles
2. Tom Heinsheimer - City of Rolling Hills
3. Leo King - City of Baldwin Park
Also appended hereto is a letter dated November 16, 1987 from Hal
Croyts, President, South Bay Cities Association, indicating the
support of that organization for the election of Tom Heinsheimer.
Mayor Simpson has indicated she will be unable to attend the De-
cember 3, 1987 meeting of the City Selection Committee and has
designated Mayor Pro Tem Rosenberger to be the City's delegate
- for this meeting with instructions to vote for the candidate se-
lected by City Council.
GAYLE, . MARTIN
Inter m City Manager
MEMBER CITIES
Agoura Huls
Alhambra
Arcadia
Artesia
Avalon
Azusa
Baldwin Park
Bellflower
Bell
Bell Gardens
Beverly Hills
Bradbury
Burbank
Carson
Cerritos
Claremont
Commerce
Compton
Covina
Cudahy
Culver City
Downey
Duarte
El Monte
El Segundo
Gardena
Glendale
Glendora
Hawaiian Gardens
Hawthorne
Hermosa Beach
Hidden Hills
Huntington Park
Industry
Inglewood
Irwindale
La Canada/Flintridge
La Habra Heights
Lakewood
La Mirada
Lancaster
La Puente
La Verne
Lawndale
Lomita
Long Beach
Los Angeles
Lynwood
Manhattan Beach
Maywood
Monrovia
Montebello
Monterey Park
Norwalk
Palmdale
Palos Verdes Estates
Paramount
Pasadena
Pico Rivera
Pomona
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Rosemead
San Dimas
San Fernando
San Gabriel
San Marino
Santa Fe Springs
Santa Monica
Sierra Madre
Signal Hill
South El Monte
South Gate
South Pasadena
Temple City
Torrance
Vernon
Walnut
West Covina
West Hollywood
Westlake Village
Whittier
LOS ANGELES COUNTY
CITY SELECTION COMMITTEE
Hon. Etta Simpson, Mayor
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Dear Mayor Simpson:
November 9, 1987
Ii&' �2
?.,
� ,?)/t:ti
I4::Lt t1
V L
OFFICERS
Charles storing
Chairman
Edmund Krause
Vice Chairman
Larry J. Monteilh
Secretary
Violet Verona
Deputy Secretary
As most of you are aware, Senate Bill 151 (Presley), which reorganizes
the South Coast Air Quality Management District Board, was passed by
the State Legislature and signed into law by the Governor on September
28, 1987. The new law has a significant impact on the mandates,
authorities and appointments on the District Board. For the purpose
of the City Selection Committee's upcoming meeting, I will just
address changes which affect the appointment process of the cities in
the south coast district. They are summarized as follows:
--The composition of the District Board includes 11 members
appointed for 4 -year terms. The terms will be determined by
lot:
Four members - January 15, 1990
Four members - January 15, 1991
Three members - January 15, 1992
A. Three appointees:
°One by the Governor (technical qualifications are
specified), the Senate Rules Committee, and the Speaker of
the Assembly.
B. Eight locally -elected officials:
°Four representing each of the four counties in the
District and appointed by the respective County Boards.
°Four appointed by the cities in each County (members shall
be either a mayor or a councilmember). The appointments
shall be acted on at a duly noticed meeting of the City
Selection Commitee, which shall meet in a government
building and provide an opportunity for testimony on the
qualifications of the candidates.
383 HALL OF ADMINISTRATION, 500 WEST TEMPLE STREET. LOS ANGELES, CALIFORNIA 90012
City Selection Committee
November 9, 1987
Page 2
The appointment shall be made by not less than 2/3 (56) of
all the cities in the District, and not less than 2/3
(4,894,923) of the population of all incorporated cities.
(The census data provided by the State Finance Department
confirmed the total population of 84 cities at 7,342,384
as of 1-1-87.)
- -All members shall be residents of the District.
- -All members shall be appointed on the basis of their
demonstrated interest and proven ability in the field of air
pollution control and their understanding of the needs of the
general public in connection with air pollution problems of
the South Coast Air Basin.
- -Each member shall be appointed on the basis of his or her abi-
lity to attend substantially all meetings of the District
Board, to discharge all duties and responsibilities on a
regular basis, and to participate actively in the affairs of
the District.
--No member may designate an alternate for any purpose or other-
wise be represented by another in his or her capacity as a
member of the District Board.
- -Persons residing in unincorporated areas or areas of a county
outside of the South Coast District shall not be considered for
appointment.
I urge you to carefully consider these new requirements before
nominating a candidate(s) or voting on the appointment at the
December 3, 1987 meeting of the City Selection Committee. An
agenda of this meeting is enclosed.
Thank you in advance for your cooperation and I look forward to
seeing you on December 3rd. Staff will be available at (213)
974-1431 to answer any questions you may have.
Very truly yours,
,>- ` o,t!A4/1,.
CHARLES STORING IL
Chairman
CS:KN:nhb
Enclosure
JPA1/C
LOS ANGELES COUNTY
CITY SELECTION COMMITTEE
MEMBER CITIES OFFICERS
Agoura Hills
Alhambra
Arcadia
Artesia
Avalon
Azusa
Baldwin Park
Bellflower
Bell
Bell Gardens
Beverly Hills
Bradbury
Burbank
Carson
Cerritos
Claremont
Commerce
Compton
Covina
Cudahy
Culver City
Downey
Duarte
El Monte
El Segundo
Gardena
Glendale
Glendora
Hawaiian Gardens
Hawthorne
Hermosa Beach
Hidden Hills
Huntington Park
Industry
Inglewood
Irwindale
La Canada/Flintridge
La Habra Heights
Lakewood
La Mirada
Lancaster
La Puente
La Verne
Lawndale
Lomita
Long Beach
Los Angeles
Lynwood
Manhattan Beach
Maywood
Monrovia
Montebello
Monterey Park
Norwalk
Palmdale
Palos Verdes Estates
Paramount
Pasadena
Pico Rivera
Pomona
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Rosemead
San Dimas
San Fernando
San Gabriel
San Marino
Santa Fe Springs
Santa Monica
Sierra Madre
Signal Hill
South El Monte
South Gate
South Pasadena
Temple City
Torrance -
Vernon
Walnut
West Covina
West Hollywood
Westlake Village
Whittier
Date: December 3, 1987
Time: 8:00 p.m.
Place:
NOTICE OF MEETING
McCandeless Auditorium
9150 E. Flair Drive
El Monte, California
AGENDA
1. Call to order and roll call.
2. Approval of minutes of June 4, 1987.
3. Appointment of one member to the South Coast Air Quality
Management District Board for a 4 -year term.
BY Vi -V- ffattAneLAL)
a
JPC1/C
383 HALL OF ADMINISTRATION, 500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012
Charles Storing
Chairmen
Edmund Krause
Vice Chairman
Larry J. Monteilh
Secretary
Violet Varona
Deputy Secretary
GLENDALE
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ANGELES
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PASADENA
9150 Flair Drive
El Monte, CA
(818)-572-6200
SAN GABRIEL
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WHITTIER
LOS ANGELES COUNTY CITY SELECTION COMMITTEE
MINUTES
The meeting of the Los Angeles County City Selection Committee
was held Thursday, June 4, 1987 at the Luminarias Restaurant,
3500 Ramona Boulevard, Monterey Park, California.
Chairman Charles Storing called the meeting to order at 8:05 p.m
The Secretary called the roll and the following duly authorized
persons representing 57 cities were present constituting a
quorum:
Fran Pavley, Mayor Agoura Hills
James Van Horn, Jr., Councilmember Artesia
Eugene Moses, Mayor Azusa
Richard Gibson, Mayor Baldwin Park
Jay Price, Mayor Bell
Joseph Cvetko, Mayor Bellflower
Donna Ellman, Councilmember Beverly Hills
Bill Dillard, Councilmember Bradbury
Mary Kelsey, Mayor Burbank
Sylvia Muise, Councilmember Carson
Barry Rabbitt, Councilmember Cerritos
Judy Wright, Mayor Claremont
Michael Gue-rra, Mayor Commerce
Walter Tucker, Mayor Compton
Henry Morgan, Councilmember Covina
Tom Thurman, Councilmenber Cudahy.
Robert Cormac, Councilmember Downey
John Van Doren, Mayor Duarte
Don McMillen, Mayor- El Monte
Ginger Bremberg, Mayor - Glendale
Kenneth Prestesate-r, Mayor Glendora
Rosalie Sher, Mayor- Hawaiian Gardens'
Charles Bookhammer, Councilmember - Hawthorne
Los Angeles County - City Selection
Committee
Minutes of June 4, 1987
Page 2
Jim Rosenberger, Councilmember
Thomas Jackson, Mayor
Edmund Krause, Councilmember
Jean Good, Councilmember
Marc Titel, Mayor
Louis Piltz, Councilmember
Lynn Harrison, Councilmember
Robert Rodriguez, Councilmember
Charles Belba, Councilmember
Joy Picus, Councilmember
John Byork, Councilmember
Gil Archuletta, Councilmember
Betty Lou Rogers, Councilmember
William Nighswonger, Councilmember
Chris Houseman, Councilmember
Margaret Nelson, Mayor
Esther Caldwell, Councilmember
Loretta Glickman, Councilmember
Garth Gardner, Mayor
Nell Soto, Councilmember
Jacki Bacharach, Councilmember
Jack Chapman, Councilmember
Gordana Swanson, Mayor
Nell Mirels, Councilmember
Dennis McDonald, Councilmember
Terry Dipple, Councilmember
Janis Cohen, Mayor
Rosemary Simmons, Mayor
Jessie Blacksmith, Mayor
Albert Perez, Mayor
Herbert Cranton, Councilmember
Harvey Holden, Mayor
Kenneth Chappel, Mayor
Charles Storing, Councilmember
Hermosa Beach
-Huntington Park
La Canada/Flintridge
La Habra Heights
Lakewood
La Mirada
Lancaster
La Verne
Lomita
Los Angeles
Lynwood
Manhattan Beach
Maywood
Montebello
Monterey Park
Norwalk
Paramount
Pasadena
Pico Rivera
Pomona
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estate
Rosemead
San Dimas
San Gabriel
San Marino
Signal Hill
South El Monte
South Gate
Walnut
West Covina
La Puente
On motion of Mayor John Van Doren, City of Duarte, seconded by
Councilmember Henry Morgan, City of Covina, and unanimously
carried, the minutes of April 2, 1987 were approved.
In order to facilitate the selection process, on motion of Mayor
Jay Price, City of Bell, seconded by Mayor Richard Gibson, City
of Baldwin Park, and unanimously carried, the meeting was
recessed at 8:20 p.m. -to the Nominating Committee of the Whole.
Los Angeles County - City Selection
Committee
Minutes of June 4, 1987
Page 3
Chairman Storing reconvened the City Selection Committee meeting
at 8:30 p.m. On motion of Mayor John Van Doren, City of Duarte,
seconded by Mayor Thomas Jackson, City of Huntington Park, and
unanimously carried, the Committee accepted the recommendations
of the Nominating Committee of the Whole to appoint the following
members to the Los Angeles County Hazardous Waste Management
Advisory Committee:
Robert Bacon, Councilmember West Covina
Ruth Aldaco, Councilmember Commerce
Joy Picus, Councilmember Los Angeles
John Hitt, Councilmember Duarte
Fran Pavley, Mayor Agoura Hills
Archie Snow, Councilmember Redondo Beach
William Jennings, Councilmember Santa Monica
There being no further business before the Committee, Chairman
Storing declared the meeting adjourned at 8:32 p.m.
Respectfully submitted,
LARRY J. MONTEILH,�Secretary
�� f,;4( 1/' VG am/
VIOLET VARONA
Deputy Secretary
4
Summary Report
Report E-5
POPULATION AND MOUSING ESTIMATES FOR CALIFORNIA CITIES AND COUNTIES
Department of Finance
Population Research Unit
1025 P Street
Sacramento. California 95814
(916) 322-4651
The summary report(s) attached provide provisional population and housing estimates for California cities and counties.
Data Description:
Population Items. Data in columns one through four represent population counts. Column one has total population for the
area. The second column represents the number of persons living in occupied housing units, or households. This household
population Includes persons living in mobile homes Much Is separated out and shown In column three. The final category
under population is group quarters. This includes all persons in living arrangements, such as nursing homes, school
dormitories, and military barracks, which are not households.- The population in group quarters plus the population in
households equals the total population for an area.
Housing Items. Columns five through eleven contain data on housing units. Column five indicates the total number of
housing units which Includes both year-round units and vacant seasonal and migratory units. The next four columns
represent the four types of housing units:
1. Single-family dwellings: There are two sub -types of single-family dwellings; (a) single-family, detached --the unit
is detached from any other house with open space on all four sides. Mobile homes to which one or more permanent
roams have been added are also included. Otherwise mobile homes are listed below. (b) Single-family, attached --the
unit is attached to another unit with the adjoining walls extending from ground to roof which divide it from other
adjoining structures and forms a property line.
2. Two -to -four units: Units with two, three, or four housing units in one structure.
3. Five -or -more units: Units with five or more housing units in one structure.
4. Mobile homes: This includes both occupied and vacant mobile homes to which no permanent rooms have been added.
Also included are any occupied units which do not fit into the other categories. such as vans, tents, and houseboats.
Counts in these categories include both occupied and vacant units. Column ten Indicates the number of occupied housing
units of all types at the time of the estimate. The percentage of the total housing units which are vacant is shown in
column eleven.
Population per household. The final column represents the average number of persons -per household (PPH). PPH times the
number of occupied housing units equals the number of persons living in housing units.
Methods. Population estimates are initially prepared for each city and the unincorporated portion of each county using the
Housing Unit Method. These estimates are summed for each county and adjusted to county control figures. The county _
controls are prepared by using three separate estimating methods: Ratio Correlation (regression), Administrative Records
method using Federal income tax returns, and a Composite Migration Method using driver license address changes. These
county estimates are then controlled to a State total figure.
The state and county population estimates that are used as controls for January are interpolations of the July estimates,
except data for births, deaths, and group quarters which are calculated as of January. The 1980 decennial census
population, including all subsequent corrections, is the benchmark for all of the estimates. The county populations are
estimated by adding the respective average population change, as measured by the methods available, to the previous year's
figure. These are adjusted to a State control. A brief description of the Housing Unit and the three county methods
follows:
City Estimates
Housing Unit Method. This method is used to estimate total housing units, occupied housing units, average household size,
and persons not in housing units --the 'group quarters' population. Data from the latest census are used to estaolish
benchmarks for each of these elements. Housing units are estima-ted by adding new construction minus demolitions to the
census benchmark of housing units. Occupied housing units are estimated by adding the change in residential electric
customers to the benchmark data. Independently calculated housing units and occupied housing units are then compared to
obtain a vacancy rate and to evaluate their -reliability. - • - -
A critical element in the estimation of population by the Housing Unit Method is the average household size. This variable
is calculated directly from census data and is then adjusted for subsequent changes. Changes are evaluated on the basis of
indicators such as intercensal trends, special census -findings in cities with similar characteristics, housing types
constructed, and shifts in the number of school enrolled children per household.
Population in group quarters 1s the final information necessary to the Mousing Unit Method.
actual count from the records of each group quarters facility.
After the housing unit estimates are completed they are adjusted to the county controls.
necessary because county estimates are more accurate than city estimates. This accuracy
certain estimating procedures requiring data which are unavailable on a sub -county basis.
County Estimates
The county population estimates were developed by adding the average change in the results of the following independent
methods to the April 1980 census population.
The Driver License Address Change Composite Migration Estimating Method (DLAC) is a method in which migration of the
population under 18 years old iestimated using change in school enrollment, and migration of the population 18 to 64
years old is estimated using address changes on the California driver's license file. The number of migrants is estimated
from the address changes by using the 1980 census relationship of population to driver licenses for the ages 18 to 64
years. The resulting estimates of migration are added to the survived cohort of the household population under 65 years
old. Also added to this number are estimates of immigration from abroad including undocumented aliens, group quarters, and
an estimate of the population 65 and over based on Medicare statistics.
The Ratio -Correlation Method relies upon a multiple correlation equation and changes in the distribution of four different
series of data to estimate the observed relationship of changes in the data series to changes in the county population
distribution within the State for the 1970-80 decade. The equation used to prepare the estimates for the 1980's is the
following:
Typically. this comes from a,
The control l l ng process 1 s
is attained through the use of
Y ' .0507 + .0492(A) + .3711(B) + .4851(C) + .0515(D) where Y is the population variable and A, B. C, and D
represent changes in the distribution of births, school enrollment, auto registration. and voter registration..
Group quarters populations are added to the calculated household populations.
The Administrative Records Method is a component method that uses administrative records (In this instance individual
Federal income tax returns) in order to measure intercounty migration, and reported vital statistics in order to estimate
natural increase. The tax returns are matched for the successive periods to determine the number of persons whose county
of residence changed during the estimating period. A net migration rate based on the number of taxpayers under age 65
changing residence is derived; this rate is then applied to the under age 65 population. These estimates are then combined
with the over 65 population and immigration from abroad including undocumented aliens.
Undocumented Aliens
These population estimates include annual adjustments made by the U.S. Department of Commerce for undocumented aliens who
have entered California since the April 1, 1980 census. These adjustments have been incorporated into our State, county
and city estimates for each year. starting in 1981.
Accuracy
The estimates and changes shown here are subject to estimating error. Variations from actual population trends are
inherent in estimating procedures because the correlation between the data series and population change is not perfect.
The data series used are all affected by factors other than population change. The methods used to develop the estimates
have been tested and modified through comparison with the results of census. The mean absolute difference of the average
of the county estimates produced for April 1, 1980 compared to the 1980 census count was 2.9 percent. For cities the
difference was 5.0 percent.
MOTE: Table totals may not equal sum due to independent rounding. These estimates are provisional and subject to change.
For more detailed information concerning estimating procedures contact the Population Research Unit.
ID 395
SUMMARY REPORT
LOS ANGELES CONTROLLED COUNTY POPULATION ESTIMATES FOR 1-1-87
NO
POPULATION
HOUSING UNITS
PUI'tI Al LUN 11FSfAR(:11 UNI1
DEPARTMENT OF FINANCE
STATE OF CALIFORNIA
PAGE 19
DATE PRINTED 05/07/87
POP.
CITY HOUSE- MOBILE GROUP PER
TOTAL HOLDS HOMES QUARTERS TOTAL5 OR SINGLE 2 TO 4 MORE HOMES E PIED VACANT HOUSE -
.HOLD
AGOURA HILL$ 18489 18489 0 0
6123 5077 329 717 0 5835 4.70 3.169
ALHAMBRA 73123 71726 16 1397
29074 14016 4213 10832 13 27689 4.78 2.590
ARCADIA 49254 48647 12 607
19231 12067 1150 6008 6 18521 3.69 2,827
ARTESIA 14941 14407 202 534
4564 3470 189 803 102 4434 2.85 3.249
AVALON 2418 2418 0 0
1568 654 564 348 2 1045 33.35 2.314
AZUSA 36815 35451 728 1364
12397 5945 1536 4392 524 12103 2.37 2.929
BALDWiN PARK 62188 61494 837 694
16319 12760 461 2630 468 15908 2.52 3.868
BELL,: 28141 28044 383 97
9395 3996 1719 3370 310 8848 5.82 3.170
BELLFLOWER 59472 58810 2072 662
23426 12961 13119 7680 1396 22872 2.36 2.571
'BELL•GAROENS 37690 37175 686 515
BE 9752 6695 908 1710 439 9361 4.01 3.971
BEVERCV HILLS 34306 34209 7 97 15978 6011 1644 8316
7 15132 5.29 2.261
9RADBURy 914 914 0
0 314 297 5 12 0 294 6.37 3.109
'BURBANK 90971 90094 100 877
38757 21413 4863 12394 87 37292 3.78 2.416
CARSON 88363 88021 3767 342
24020 18595 905 2310 2210 23716 1.27 3.711
CERRITOS 57850 57738 65 112
15361 14011 801 526 23 15074 1.87 3.830
CLAREMONT' 35996 31805 0 4191
11079 9178 496 1405 0 10680 3.60 2.978
COMMERCE 12475 12375 0 100
3328 2541 273 514 0 3207 3.64 3.859
COMPTON� 92797 92153 1392 644
23929 16814 2780 3789 546 23135 3.32 3.983
COVINA
CUDAHY 42473 41959 702
514 15820 10267 1033 4064 456 15387 2.74 2.727
20038 20028 491 10
5535 2554 463 2176 342
CULVER CITY5262 4.93 3.806
40731 40201 261 530 17091
8029 2194 6720 148 16514 3.38 2.434
DOwNEY 86653 85244 300 1405
34102 20664 1299 11932 207 33290 2.38 2.561
DUARTE 21104 20162 293 942
6822 4753 387 1442 240 6612 3.08 3.049
EL MONTE 93852 91936 2873 1916
26970 15404 2346 7584 1636 26307 2.46 3.495
EL SEGUNDO 15403 15334 0 69
6924 3356 737 2831 0 6642 4.07 2.309
•
•
si
CITY
SUMMARY REPORT
LOS ANGELES CONTROLLED COUNTY POPULATION ESTIMATES FOR 1-1-87
POPULATION RESEARCH UNIT
DEPARTMENT OF FINANCE
STATE OF CALIFORNIA
PAGE 20
DATE PRINTED 05/07/87
POPULATION HOUSING UNITS POP•
PER
HOUSE— MOBILE GROUP 5 OR MOBILE OCCU— % HOUSE—
TOTAL HOLDS HOMES QUARTERS TOTAL SINGLE 2 TO 4 MORE HOMES PIED VACANT HOLD
GARDENA 50218 49441 1653 777 18576 8305 2183 6973 1115 17904 3.62 2.761
GLENDALE 156857 154297 34 2560 64684 27844 6989 29817 34 62308 3.67 2.478
GLENDORA 43177 42193 1045 984 14706 11355 603 2064 684 14284 2.87 2.954
HAWAIIAN GARDENS 12069 12050 389 19 3464 2050 290 909 215 3314 4.33 3.636
HAWTHORNE 62857 62073 356 784 26283 9334 2822 13816 311 24897 5.27 2.493
HERMOSA BEACH 19383 19329 69 54 9948 4846 2394 2656 52 9415 5.36 2.053
HIDDEN HILLS 1957 1957 0 0 523 501 13 9 0 502 4.02 3.898
HUNTINGTON PARK 51210 51087 47 123 15405 5414 2936 7038 17 14617 5.12 3.495
,INDUSTRY 390 231 12 159 88 71 4 7 6 84 4.55 2.750
INGLEWOOD 102888 100736 539 2152 38534 15638 4880 17706 310 37115 3.68 2.714
IRWINDALE. 1060 1050 19 10 258 250 2 2 4 242 6.20 4.339
LA CANADA FLINTRIDGE 20762 20747 0 15 6936 6452 146 338 0 6823 1.63 3.041
.LA HABRA HEIGHTS 5358 5358 0 0 1673 1599 20 54 0 1608 3.89 3.332
LAKEWOOD 76642 76625 190 17 26535 22748 357 3324 106 26268 1.01 2.917
LA MIRADA 42573 41114 216 1459 12794 10703 314 1673 104 12422 2.91 3.310
LANCASTER 68044 67512 5266 532 26889 17487 1815 4726 2881 25160 6.43 2.683
LA PUENTE
33414 33410
115 4 8835 6274 463 2038 60 8687 1.68 3.846
LA VERNE
29172 28673 2670 499 10128 6876 777 938 1537 9636 4.86 2.976
LAWNDALE
27048 27000 153 48 9335 6022 987 2226 100 8940 4.23 3.020
LOMITA
20125 20065 802 60 8549 4585 566 2757 641 8062 5.70 2.489
LONG BEACH
406211 392319 3798 13892 167603 77801 22790 64735 2277 159538 4.81 2.459
LOS ANGELES
3311544 3235862 11233 75682 1233893 577779 45645 603692 6777 1203853 2.43 2.688
LVNWO00
53421 52511 125 910 14538 8974 1889 3595 80 14028 3.51 3.743
MANHATTAN BEACH 35085 35083 0 2 15111 11419 2701 991 0 14303 5.35 2.453
MAVWOOD 24576 24450 37 126 6815 3199 1339 2258 19 6525 4.26 3.747
1.
CITY
' MONROVIA
,MONTEBELLO
MONTEREY PARK
NORWALK
PALMDALE
PALOS VERDES ESTATES
PARAMOUNT
PASADENA
PICO RIVERA
POMONA '
SUMMARY REPORT
LOS ANGELES CONTROLLED COUNTY POPULATION ESTIMATES FOR 1-1-87
POPULATION
HOUSING UNITS POP
HOUSE- MOBILE GROUP PER
TOTAL HOLDS HOMES QUARTERS TOTALSINGLE 2 TO 4 5 OR MOBILE OCCU- % HOUSE -
MORE HOMES PIED VACANT HOLD
33552 33316 254 236 13287
8055 1151 3940 141 12720 4.27 2.619
59146 58579 256 567 19147 10699
2504 5767 177 18409 3.85 3.182
62877 60712 49 2165 20299 11937
2191 6130 41 19622 3.34 3.094
89608: .67455 635 2153 26338 20464
659 4814 401 25591 2.84 3.417
33083', -33022 2852 61 13983 8741
415 3518 1309 12232 12.52 2.700
15033 15033 2 0
5025 4622 26 376 1
4965 1.19 3.028
POPUI ATION RESEARCH UNIT
DEPARTMENT OF FINANCE
STATE OF CALIFORNIA
PAGE 21
DATE PRINTED 05/07/87
41829 41567 2239 262 12552 7241 1019
3003 1289 12074 3.81 3.443
130787 125742 27 5045 50808 27849 4338 18594
27 48647 4.25 2.585
•
RANCHO PALOS VERGES
REDONDO BEACH
ROLLING HILLS.
ROLLING HILLS ESTATE
ROSEMEAD
SAN DIMAS
SAN FERNANDO
SAN GABRIEL
SAN MARINO
SANTA FE SPRINGS
SANTA MONICA
SIERRA MADRE
SIGNAL HILL
59337 59030 775 307 16520 12709
416 3016 379 16043 2.89 3.679
117827 114566 2566 3261 36458 23929
3651 7201 1671 35345 3.05 3.241
45982 45611 0 371 15226 12419
213 2594 0 14902 2.13 3.061
64362 64314 306 48 28148 12016
5417 10524 191 27164 3.50 2.388
2133 2133 0 0 674
666 0 8 0 655 2.82 3.256
7903 7903 0 0 2724
2597 45 82 0 2658 2.42 2.973
46893 46141 776 752 14072 11069 1161 1473
369 13529 3.86 3.411
29594 28758 1081 836 9833 7339 417
1350 727 9666 1.70 2.975
20230 20196 151 34 5746
4200 457 1011 78 5658 1.53 3.569
33724 33174 21 550 12143
7294 830 3976 43 11723
13921 13868 3.46 2.830
0 53 4474 4414 18
42 0 4421 1.18 3.137
15437 15416 127 21 4519
3298 54 1079 88 4414 2.32 3.493
96065 94036 351 2029
47733 11172 5273 31017 271 45452 4.78 2.069
11126 10977 12 149 4936 3659 284
981 12 4688 5,47 2.353
4176 7803 0 373 3586
1352 742 1492 0 3390 5.47 2.302
18977 16933 1322 44 4789
3246 231 798 514 4617
78741 786473.59 4.101
436 94 23625 14012 4098
5279 236 22850 3.28 3.442
SOUTH EL MONTE
SOUTH GATE
' CI TV
•
LOS ANGELES
SUMMARY REPORT
CONTROLLED COUNTY POPULATION- ESTIMATES FOR 1-1-87
--------- POPULATION
HOUSE- MOBILE GROUP
TOTAL HOLDS HOMES QUARTERS
---3333-- HOUSING
POPULATION RESEARCH UNIT
DEPARTMENT OF FINANCE
STATE OF CALIFORNIA
DATE PRINTED PAE 22
05/07/87
UNITS ----------------------
POP.
TOTAL SINGLE 5 OR MOBILE OCCU- PER
SOUTH PASADENA 2 TO 4 MORE HOMES A MOUSE -
PIED VACANT HOLD
---------------------3333--24417----241363333 ___
TEMPLE CITY 12 281 10664 5385
--3'333` 1229
32039 ---603 4044
-----3333----3333-- 31436 ----3333-- 6
--3333--32039----3143633333---0----------------------------072 10261
TORRANCE 11502 3.78 2.352
9855 ---------------
140218 -----33333333--3333-- 575 1072 --3333---3333--
-'---------------------- 138794 1516 11187
----------------------0733--
RNON --`4021833- 1424 52483 1 71 2 810
-333333333333--3333-- 30058 ---------3333-- •
-3333----------- 2999 18424 ---3333--
,_�---------------3333-- d8 982 51513 --
8 p --3333------------------3333--
WALNUT -- --3333-- 3333-----0-- 37 1.81 2.891
29 ------------------------------
23750 23750 ------3333- 0 d
-------------------3333-- 2 -----3333-- 0
--33750333323750 3333 0 --------3333333-- 27 27.03 3.259
WEST,COVINA 6227 5958 --- -_____________ _
--------------------------- 29
93397 239 3 915
-----------------=-----------3333-_ 928541 6067
--- ------------------------------29501
WEST HOLLYWOOD 400 543 308222.57
------------------------- 22508 1463
6686 ---------------
34442 38223 ----------------------- 165
---------3333--------------3333-_35 29501
--------------5933-- 3333- __4_29
WESTLAKE VILLAGE -----"-----3333- 2458) 3017
19 3.147
1590 -------'-
19959
-----3333-- 7319 7311 229 --------3333-- --3333--
-------=----- 8 -----3333-----3333--233333-22562---e-24---_894
WHItT.,IER -3333-- 2482
------`"--1982 148
-------- 230
73473 -----'-----
71837 -----3333-- 122
255 --`--------------- 2373 4.39
2036 28094 - --- 3.081
•��.--- �- e --..-.......-..-.....-.....-..-..............-.--..--.--------------------------off--- ----------------
19632 1753 6519 ------'-------
190 27273 2.92 2.634
143012
' TOTAL INCORPORATED
7342384' 7199372 • •6513--3333---------------------------
2683507
1412457 181011 1054093 35946 2597872 3.19 2.771
UNINCORPORATED ---------------------------
1061148 1046530 19056 -----------------------
---'--------------------------------------------------6-8--------329--0------2241
--.'.-A-------------------------------------------------►------------�--------------- 22879 53899 103114.12
315749 ---- 3.314
TOTAL COUNTY ---.------53899 --------------------------------
8403532 8245902 79698 157630
3012837 1654698 203890 1107992 46257 2913621 3.29 2.830
outif '3ay Cities = Z$$ociation
c/o 415 Diamond Street, Redondo Beach, CA 90277 (213) 372-1171
November 16, 1987
Mayor and City Council
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
.Dear Mayor and City Council:
On December 3, 1987, the City Selection Committee will elect a
person to represent the Los Angeles County cities on the
streamlined Board of Directors of the South Coast Air Quality
Management District (SCAQMD). The meeting will be held at the
SCAQMD Headquarters in El Monte.
The South Bay Cities Association, at its regular meeting on
November 12, 1987, passed a motion to recommend to each
Association member city council that they support Tom
Heinsheimer, Councilman, City of Rolling Hills, as the Los
Angeles County cities' representative on the SCAQMD Board. The
City of Torrance representative at the meeting abstained because
the subject election is scheduled on a future agenda.
I urge you to have a representative at the meeting to be sure
that your voice is heard.
Sincerely,
Hal Croyts
President
Carson El Segundo Gardena Hawthome Hermosa Beach Inglewood - La- wndale Lomita Los Angeles Manhattan Beach
Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance
LOCAL GOVERNMENTS IN ACTION
HUGH MILLER
Mayor
WARREN SCHWARZMANN
Mayor Pro -Tem
NELL MIRELS
Councilwoman
JEROME BELSKY
Councilman
PETER WEBER
Councilman
RAYMOND B. TAYLOR
City Manager
November 13, 1987
THE CITY OF
ROLLING HILLS ESTATES
Mayor Eta Simpson
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Dear Mayor Simpson:
4045 PAIRS VERDES DRIVE NORTH • ROLLING HILLS ESTATES, CA 90274
TELEPHONE -377-1577
As you may know, the City Selection Committee intends to select the individual
who will represent Los Angeles County cities on the South Coast Air Quality
Management District (SCAQMD) Board of Directors on December 3, 1987. The
Rolling Hills Estates City Council respectfully requests your City's support to
reappoint Rolling Hills Councilman Tom Heinsheimer to the SCAQMD Board.
Over the years the SCAQMD has made significant progress in improving air
quality within the South Coast Air Basin. However, considerable work remains
to achieve air quality attainment goals which only underscores the need for
proven leadership on the recently streamlined SCAQMD. Since Councilman
Heinsheimer's appointment to the Board of Directors in 1977, he has proven to
be an unparalleled leader in this field with a thorough understanding of air
quality policy and technology based on his educational and professional
background. Our City Council knows Tom personally, works with him directly on
projects of mutual concern, and feels he has done an outstanding job in his
appointed position on the Board.
Please join us in supporting Councilman Heinsheimer's reappointment to the
SCAQMD Board of Directors.
Sincerely,
1 Y 4'4'1""'
Nm V
Warren Schwarzman
Mayor Pro Tem
WS:hn
SUPPLEMENTAL
INFORMATION
lOb
November 16, 1987
City Council Meeting
November 24, 1987
Mayor and Members
of the City Council
VACANCIES - BOARDS AND COMMISSIONS
RECOMMENDATION
It is recommended that the City Council appoint one member to the
Planning Commission from the applications attached for an
unexpired term ending June 30, 1988.
BACKGROUND
On November 5, 1987, Planning Commissioner Chuck Sheldon
submitted his oral and written resignation from the Planning
Commission, effective immediately, after having been elected to
the City Council on November 3, 1987. On November 10, the City
Council directed the City Clerk to advertise for additional
applicants and to present said applications at the meeting of
November 24, 1987 for City Council appointment.
PLANNING COMMISSION - ONE UNEXPIRED FOUR-YEAR TERM ENDING
JUNE 30, 1988 - RESIGNATION OF CHUCK SHELDON
Qualifications: Elector of the City of Hermosa Beach. The
primary purpose of the Commission is to maintain and enhance the
environment of the community.
Applications have been received from the following and are
attached:
Tim Meyers
Kenneth F. Conklin
Jeff Greene
Rick Colman
Concur:
Tony DeBellis
Rhett D. Beavers
Christine M. Ketz
Howard M. Simon
John R. Edwards
KAT(HLEEN MIDSTOKIE, City Clerk
r —7 ?fl
GAYLE' T. MARTIN, Interim City Manager
lla
• THE CITY OF HERMOSA BEACH
• APPLICATION FOR APPOINTMENT TO MUNICIPA
NAME OF COMMISSION Planning
Name:
Tim Meyers
Address:
"MO' r
\te`
(1 17 0 ;
•1 c:tv Clc.k ice.
nit), co HermtJsn Oct. 11;
82
302 30th Street, Hermosa Beach 90254 Hpix Phone:
Occupation or Profession: Real Estate Sales and Developit
Name of Employer: Terim Land Company (self employed)
Address of Employer:
,18093 S. Prairie Ave. #A
TorranrP, rA 9n5n4 Business Phone: 542-7727
BIOGRAPHICAL
Marital Status: Single
Children:
(Names and Ages)
Date of Birth: June 29, 1955
•EDUCATION
Elementary School:
Spouse's Nape:
Place of Birth: San Jose, California
High 'School: Redondo High School
Degrees and Titles: BA Geography 1978
College (s) : Cal State
Dominguez
(Include names of schools and dates, if applicablf
Local References: (Optional) See Attached
Professional: See Attached
Other:
Community Participation and Service:
Biltmore Commission
•
Activities and Hobbies:
Fitness Activities
Karate Student and Instructor, Basketball and other
-2 -
Why do you wish to become a Commission Member?
have the time and wish to give back to community.
I am qualified,
What do you feel are the duties and responsibilities of a Commission biembc
Where Public opinion is obvious, to follow their wishes. Otherwise, to use best
judgement without predjudice.
What are your present civil, fraternal or professional memberships and
obligations? Karate Instructor Wednesday and Saturday. Otherwise can arrange
schedule.
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
No. Small possibility of building in Hermosa Beach again.
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
SPA AttarhPd Resume_
How long have you lived in Hermosa Beach? 1965-1974 and 1982 -present
Comments:
Received:
TM/acp
•
=THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPAL COMMISSION
NAME OF COMMISSION
Name:
/,e:tti k );
Address: ro r Home Phone : 37-Q 144 ( j
Occupation or Profession: tr-!etm /'4a!itp/ev-
Name
of Employer:
r I t �� V L � vp
Address of Employer: 3) v (,tf. 1rsF'jk. /Vat Burliness Phone: 6l7-=6 ZG
Ti?(1-4! GBIOGRAPHICAL
Marital Status: it a,frtft Spouse's Name: ,j, r6a.�^
Children: Fri C R ' bq te
(Name6 an Ages))
Date of Birth:
EDUCATION
7--1-7
Elementary Sc ool:
High School:. D'�.�
Degrees and Titles:
Local References:
Professional:
/d• Kn5 I.1)13, ;�,�,,> )0,
Place of Birth:((( qj, ('4
([ncie n- cev
Qs
/.a r tJ hi
(Optional) 1 (y Ci. f1rsw,
4
College .(s) : f v((4, 01., rt vs,
7:iv 4.✓0 e C4
i
t -Mo �qyU'1•.
schoolsl and dates, if appl'cable)
S�'e o /3v oic-
.5-0 3 ro'w(1 2€
t
Other: Co vev-•cam revy, il6rua
Community Participation and Service:
1st - mf) 2 72
-.et,,Jit eA5t 6ay
/337 _ ,.7
LLL ;
•
Activities and Hobbies: 8/,0,1frii"
J
i1
ion
'` • `'t-/ 1'4 `"'/a;,
f ••
-2-
Why do you wish to'become a Commission Member?
What do you feel are the duties and responsibilities of a Commission MembeD
5“beet 55 zAat, 5 J ' �
cd,,,
r4 .;ji nj
C-0.
►4 (S5l till c
6!€u� kt,trWhat are your present civil,fra erna or pr '1
memberships and
obligations? f plqrfe55 f7U4S 64.e; 6
'as J FK , -Fc K ,t , t 0 -
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission. member.
How long have you lived in Hermosa Beach? r�� �+,.,oS- cever
Comments:
Signed:
Date:
Received:
THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPAL
NAME OF COMMISSION PLANNING
Occupation or Profession: Developer/Builder
Name of Employer: Self Emp.
Address of Employer: Same Burliness Phone: 376-8130
BIOGRAPHICAL
Marital Status: Married
Children: 0
Spouse's Name: Alicia Greene
(Names and Ages)
Date of Birth: 1/25/56
.EDUCATION
Place of Birth: Oregon
Elementary School: Euclid/Colorado
High -School: Monte Vista
College .(s):San Diego State
Degrees and Titles: 3- Building Licenses/ Contractors Lic./Pilots Lic.
(Include names of schools and dates, if applicable
Local References: (Optional)
Professional: Viva Stroyke-213-546-7611
Other:
Community Participation and Service:
none to date
Activities and Hobbies: Flying/all sports
ti .
•
•
• -2-
Why do you wish to become a Commission Member? 1. I have recieved two
letters requesting my add value to the planning commision.
one from the director of planning and the other from a
council member. 2. l feel. it is a way to give back to the
community which i depend on as a developer and at -the same
time stay in touch with the market that i am professionally
What do you fel-are the duties and responsibilities of a Commission Membe:
Study and evaluate proposed projects for their merits and demE
with respect to the rules and requlations governing the Game_
then make the decisions that are appropriate th the proposed
request. understand that the decisions that are made affect
the economic,demographic and socialogical values of the city.
What are your present civil, fraternal or professional memberships and
obligations?
none that would effect the required responsibilitys
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
none
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
upon further request
How long have you lived in Hermosa Beach?.3 years -beach area=12 years
Comments:
Signed% 105,-!j5e-e-c_,-/
Date: 8/1n/s7
Received:
THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPA
NAME OF COMMISSION PLANNING
Name: Rick Colman
Address: 502 Longfellow
Occupation or Profession: Architect
Name of Employer: self-employed
��
SE U
AA
P1 51987•
Cfty cb.k
OtP W Nepro Bi.oli
Home Phone: 379-7167
office
Address of ' Employer: 39 Fourteenth St. H.B-. Budiness Phone: 318-8847
BIOGRAPHICAL
Marital Status: married
Children: Nicole (11), Jessica (7), Daniel -(1)
(Names and Ages)
Date of Birth: 6/7/49
EDUCATION
Spouse's Name: El i ssa
Place of Birth: Detroit MI
Elementary School: (Michigan) College .(s) :Uni versi tv .of Michigan
High School: (Michigan) U.C.L.A.
Degrees and Titles: U of °4: B.A. (American Culture); U.C.L.A.:Naster Architecture
(Include names of schools and dates, if applicabl
Local References: (Optional)
Professional:
Other:
(see attached)
Community Participation and Service: none to date
Activities and Hobbies: bicycling,hiking, photography
-2 -
Why do you wish to become a Commission Member?
(please see attached Personal Statement)
What do you feel are the duties and responsibilities 'of a Commission Memt
To be well-informed on all agenda items, and given the interests of all parties in-
volved, to render opinions consistent with the long-range good of the community
What are your present civil, fraternal or professional memberships and
obligations? American Institute of Architects
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
None
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
(please see attached Personal Statement)
How long have you lived in Hermosa Beach? 4 years
Comments:
Date:
Received:
/gam
Name:
THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPAL
NAME OF COMMISSION
h. A)
Address:
Occupation or Profession: C/Tt)
Name of Employer:
Home Phone:
Cl % V OF �,UGLFG)pQ )
Address of Employer: 2 0 , 3DX ($A -177u9 . CA So30/ Business Phone: //2-52.30
BIOGRAPHICAL
Marital Status: 1>7�F�TCiE�
Spouse's Name: mei. 0,0 1E FR L.L.O,%I
Children: 21E,0 /7 CAITLIN (P -I9 ANZ /Y)AuR.R (12) FAu.oN- mckJitJ7
(Names and Ages)
Date of Birth: Nov 5 /Rh/-( Place of Birth: Co/unt6ksJ &k.:1;
EDUCATION
Elementary School: College .(s) : O KLA aarnA-
High School: Ltwa- bA) 14161_4 L., 4v'; au 0kLA tA/Vrl)r Sr i)
p1As—sFS 0P
Degrees and Titles: $.A. — O.U. if4,g R66/0NAL. AND CC T Y .ANNrn(G —O. U. 1973
(Include names of schools and dates, if applicable
Local References: (Optional)
Professional: ?Aut. ECki.fs air?
)1? AvAGeee d G 73
Other: 7 f r.vE - J A$9 /2.,s -A73")?..
Community Participation and Service:
Cr i P (otctJc. LL
94- k�
1304 -et 4 r Z a4. I j J4.1.D Tq4rn -t.T 1-41.:4446,54 2/771,5 1....egA6"44L
N z/LyN/bf i1 aqs e1-r3A. G A. F�4 6
Activities and Hobbies:
S
coAcks�c� feu.-�'� SpcJsf
-2 -
Why do you wish to become a Commission Member? /,a -De•
t d u.cA-+I D �u � j e41 r.0 1u.1) + FX/De it1•riuc,c i v 22/a -41a l,u .
i bele A,¢.c.
m
isIkANin 15514 e tae Uc b( -7L Cb>nf:
What do you feel are the duties and responsibilities of a Commission Memb(
C /1-2/4/2. / C o'x1S / d ba T11. ../14-o/ S Co rrn l ug
rGG644m.e,pAl."2 O 1-14 g /M y /x€47 j ie.-ix-ft-40i—
What
ieix-ftiv (What are your present civil, fraternal or professional memberships and
obligations? N6-thi ±L.A-f Gvarttd Ci epre4 d844- 4-6r r,.e Q4.}
'4)61 ja /-6 -gyp nth i�nl y�S
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
4
NT, MAIL e i4
No
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
/472- rS As A C, %J PLA.0 tiF2_
How long have you lived in Hermosa Beach? >O -i- eAl25
Comments: —7-1-1 j E
FD ei f-1 SPCP" 1._�el Ld I j S_0 4 N Le,
/• --�S p Y, m t5 41 n g,) r1 b fA t- z y y f 1 c. 4-k f5 2 E
Signed:
Date: AIeU' 1r 1.g?
Received:
THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPAL COMMISSION
NAME OF COMMISSION Planning Commission
Name:
Rhett D. Beavers
Address: 606 Hollowell Ave. Hermosa Bch, CA 90254 Home Phone: 318-7176
Occupation or Profession: Sr. Community Planner/Landscape Architect
Name of Employer: P &'D Technologies (formerly PRC Engineering)
Address of Employer:972 Town & Country, Orange Business Phone: 714-835-4447
BIOGRAPHICAL
Marital Status: Married Spouse's Name: Brenda Reiswerg
Children: none
(Names and Ages)
Date of Birth: 3/11/50 Place of Birth: New Iberia, Louisiana
EDUCATION
Elementary School: College (s): Univ. of Texas. Austin
High School: Texas A & M
B.B.A. Finance, University of Texas, Austin.(1972)
M.L.A. Landscape Architecture, Texas A & M (1979)
(Include names of schools and dates, if applicable;
Degrees and Titles:
Local References: (Optional)
Professional: Warren Roche, AIA, Newport Beach, CA
Other:
Community Participation and Service:
Cultural Arts Council of Houston, Architecture Grants Panel, 1981-1986
Activities and Hobbies: Reading, Architecture, Walking, Gardening
-2 -
Why do you wish to become a Commission Member? Community participation is
is a duty and a privilege which I find both professionally and personally rewarding_
What do you feel are the duties and responsibilities of a Commission Member
Please see reverse side of this page.
What are your present civil, fraternal or professional memberships and
obligations? American Society of Landscape Architects, California Council of
Landscape Architects, Society of Commercial Archeology.
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
No.
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
Please see attached professional resume.
How long have you lived in Hermosa Beach? Six months
Comments:
Signed:
Date: November 17, 1987
Received:
THE CITY OF HERMOSA BEACH
APPLICA'T'ION FOR APPOINTMENT TO MUNICIPAL COMMISSION
NAME OF COMMISSION
fo:..r.,iS:-iOh
Name : ('rri Etir,e 1:. 11e t:.
Address:
335 31s1 lierv,osa i_•,CLch
Occupation or Profession: ilrnninL
Borne Phone:
Narne of Employer: Chris ketz no issociates
Address of Employer:1142 1•,anhattan Ave Ste CF 62D,usiness Phone: 318-4458
l.anhattan leach
BIOGRAPHICAL
Marital Status: 1,,arri eo
Children: ri -- TrE old
Spouse's Name: Gerald
(Names and Ages)
Date of Birth: ; _ i C,_` fl Place of Birth: crEinton, Pennsylvania
EDUCATION
Elementary School: Lancroft E. S. College (s):Dloomscuia State Univer.
1). of Lora svi lle
Tenn. State Ur:versity
Degrees and Titles: I F,c, V.S. r.nr rI gni ty Devel opn,ent ' '13 ] •,i;A' E 1
(Incl'ude names of schools and dates, if applicable
High School: Central h. 3.
Local References: (Optional)
Sue Haller Armstrong . 372-11 71
Professional: George Fla 623-5536; Charles Schempeler 614-0939,
Other:
Community Participation and Service: I have not provides enough community
service but I am very interested in participating.
Activities and Hobbies:
bike riding. beach walkinr, tennis, skiing
NOV 19876,
CkY Clerk
/�, City of Hcimoa• se�h•
-2-
,Yhy do you wish to become a Commission Member? ] feel thL, t. ] could
contri I,t:t e my experience ar,c knowledge to t ( city N hers ] 1 i ve . 1 'rea' lv
cart atout Iiern:osa Leach and it: quE ] i .y of life.
What do you feel are the duties and responsibilities of a Commission Member
To provide guidelines for development and to carefully revieti, the
Community Plan, its policies and any zoning chang requests for their
impact on the community.
What are your present civil, fraternal or professional memberships and
obligations? memi_.er--American Planning Association
member --Association of Environin:ental Planners
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
no
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify You as a Commission member.
I have worked in the Planning profession for over 15 years, Eight of
which I was the Director of Current Planning; for 'the Louisville and
Jefferson County Planning Commission. See attached resume for details.
How long have you lived in Hermosa Beach? 1 1/2 years riow and 1 yr in 1981
Comments:
see attached
Signed: C�
Date: November 7 7 . 1 987
Received:
THE CITY OF HERMOSA BEACH
APPLICATION FOR APPOINTMENT TO MUNICIPAL COMMISSION
NAME OF COMM I S S I ON PLANNING
Name: Howard M. Simon
Address: 2436 Palm Drive, H.B. CA 90254
Occupation or Profession: Planning Consultant
Home Phone: (213) 372-5218
Name of Employer: Xerox Corporation
Address of Employer: ll Continental Blvd., Suite 43business Phone: (213) 333-2187
El Segundo.. CA 9024545
BIOGRAPHICAL
Marital Status: single
Children: None
Spouse's Name:
(Names and Ages)
Date of Birth: 11/17/56 Place of Birth: Los Angeles, CA
EDUCATION
Elementary School: Rosewood Ave. - w. Hollywoceollege .(s): UCLA, CSUN, use
High School: Beverly Hills High
Master of Business Administration, USC, December, 1982
Degrees and Titles: Bachelor of Science, Business Administration, CSUN, June, 1981
(Include names of schools and dates, if applicable
Jeanette Carr Roy Judd Al Gradowski
Local References: (Optional) 2432 Palm Dr. 2416 Hermosa 107 - 24th
Dan Cota Susan Rubin Dave Mundhenke
Professional: 1630 Monterey 225 - 27th 1630 Monterey Xerox managers & neighbors
Other:
Community Participation and Service:
Hermosa Beach Historical Society Charter Member - MOCA
Sierra Club Member
Assistant Scoutmaster - Troop 64
Activities and Hobbies:
Restoring my house, beach volleyball, bicycling, jogging
N DV 1 91987e.
City Clerk
City of Hermosa Beeoli
-2-
Why do you wish to become a Commission Member? To us_ my financial, analytic,
negotiation skills and creativity to preserve the railroad right-of-way open space, and
to preserve the neighborly, small-town atmosphere by limiting residential density,
increasing off-street parking, and attracting quality businesses.
What do you feel are the duties and responsibilities of a Commission Membr
To support the desires of the community in interpreting and ruling on issues which
come before the commission. To recommend actions which maintain or enhance the quality
of life in Hermosa Beach.
What are your present civil, fraternal or professional memberships and
obligations? USC Commerce Associates
Do you have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
NO
Please give a resume of your education, employment, past activities and
other experience that you feel would qualify you as a Commission member.
See attached resume.
Native of Los Angeles.
How long have you lived in Hermosa Beach? since September, 1986
Comments: Please feel free to call or visit. I would be happy to meet and discuss
my qualifications, as you are already familiar with the other candidates. Hermosa
Beach is a wonderful place to live and I would like to help maintain tha mag- as
a member of the Planning Commission. Signed:
Date:
November 18, 1987
Received:
111L L.1 1 ! td.V nrAurfy 1�t,Hl.l7
APPLICATION FOR APPOINTMENT TO MUNICIPAL COMMISSION
NAME OF COMMISSION
Pk& i\w-6_
Name:
c41Faz-/ .
Address: SO/ -3 3 /-/6--iefyvvo S117(cZMO54- Z09C6 Horne Phone: 3/d'"/cf52-0
Occupation or Profession: Cj/Virz74. 7ar4'/��✓ �
Name of Employer:
(1 S. /1,k- e S/42 -c -6 --/?3,1)7/ - 3, �,v/�o•vihP.� il'/witin.,
sD/D6v
Address of Employer: o, A5� I s9 Cg 90007 Business Phone: `f3"d 9�
BIOGRAPHICAL
Marital Status: /174(16--a
Children: RD -41//1/4 (2-)
Spouse's Name: Arne 6
(Names and Ages)
Date of Birth: � %-%S Place of Birth :.q4(A-S'-(14j 11 ` 76,61 -.ti.-)
EDUCATION )
Elementary School: 7 i e-ci �.�c f (Pe.),College (s) : UCL
High School :PALos Veries 1--S• (.4 SC ( r-c.a )-
Degrees and Titles: �1if.5T� aG✓iCPI g.mM417 Ahoeia -u SC
(Include names of schobils a dates, if applicabl!
Local References: (Optional)
Professional: i'skti-o . _ 11/` Q,\ C 3)3 -0 9 3
Other:
i.1
Community Participation and Service:
StrAre �e
lie (per ds PE?-- nevi A,,1 E
Activities and Hobbies:
M -o‘11'. S
3aett`e- 60-x„ er2) g �`-�-c`�,)
-2- I //
Why do you wish to'..become. a Commissions •Member? TO 14.4 S-
`' -41-t- CJe ve (op ftwk Tic Cows rh.KM"1‘j / W_ vA)
: pr���. 4 v$V- C.'.$ i da.r icr \
Shat do you feel are the duties and responsibilities of a Commission Memb(
To re v c/o GCA.K.A.A.:217s 1 i\e“. C_ h� P 44-C-41 .?1-7S
eft., ,,4P Pte' ow_ /4)114 et,..„.t ' .pro 419 Ni `ice- 0
What a -re your present civil, fraternal
obligations? tvy—
or professional
memberships and
Do you, have any concurrent obligations and responsibilities which could
be construed as a conflict of interests? If so, what are they?
Please.give a resume. of your education, employment, past activities and
other experience that you feel would qualify you as a Commission' member.
AGStA'� 2.0O10 ) MA*4-e{S t4/J E-NVIYrNW. ) EAr >
GuvfontmOV -F 3?.$ aWitoL 5, 4.) °i i
Firce 9.eeS_ blVdeAe7 tlror P a -Lt S ) Lis ,4f deet,
.How long haveou lived in Hermosa Beach?
Y SN C e a4,4,rc_ h I X18 %
L 1 IN
J A Q,r�v D3s4 t J
.Comments: S►,.J' 13414j&. Th4N�
L2 A, I 4 e ,
.Sc -(1.7
.4
Signed:
Date: /f h V F7.
Received: