HomeMy WebLinkAbout03/08/88"Conscience is that still, small voice that is sometimes
too loud for comfort." -Bert Murray
AGENDA
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, March 8, 1988 - Council Chambers, City Hall
Closed Session - 6:30 p.m.
Regular Session - 7:30 p.m.
MAYOR
Etta Simpson
MAYOR PRO TEM
Jim Rosenberger
COUNCILMEMBERS
Roger Creighton
Chuck Sheldon
June Williams
CITY CLERK
Kathleen Midstokke
CITY TREASURER
Gary L. Brutsch
CITY MANAGER
Kevin B. Northcraft
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:
PROCLAMATIONS: Camp Fire Birthday Week, March 13 - 20, 1988-
Week of the Young Child, April 10 - 16, 1988
Drug & Alcohol Abuse Awareness Month, March, 1988
CITIZEN COMMENTS
Citizens wishing to address the City Council on any items on the
consent calendar or within the jurisdiction of the Council not
elsewhere considered on the agenda may do so at this time.
Citizens may request to speak during Public hearings and items
appearing under Municipal Matters at the time the item is called.
Please limit comments to five minutes. Citizens with comments
regarding City management or departmental operations are request-
ed to submit those comments to the City Manager.
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.)
1
(a) Recommendation to Approve Minutes of regular meeting of
the City. Council held on February 23, 1988.
(b) Recommendation to approve Demands and Warrants
Nos.
through inclusive.
(c) Recommendation to receive and file Tentative Future
Agenda Items.
(d) Recommendation to receive and file Monthly Investment
Report: February, 1988.
(e) Recommendation to receive and file Status report re.
Conditional Use Permit enforcement program. Memorandum
from Planning Director Michael Schubach dated February
29, 1988.
(f) Recommendation to receive and file Child Abuse Monthly
Report. Memorandum from Community Resources Director -A6) 2�
Alana Mastrian dated March 1, 1988.
(g) Recommendation to approve lease agreement between the L c-;''
City of Hermosa Beach and the South Bay Free Clinic., -a 9 `U`
CS Memorandum from Community Resources Director Alana ,�,;'"�'''14
/1
Mastrian dated March 1, 1988. `�`' ',^
(h)
(i)
(j)
(k)
X-0-0-1(2/4/)//
Recommendation to approve lease agreement between the iL0
City of Hermosa Beach and the Salvation Army. Memoran-2//
dum from Community Resources Director Alana Mastrian
dated March 1, 1988.
Claim for Damage - Recommendation to authorize Self In- �,,� " ?,'
surers Services to pay David Bell, 6032 California
Avenue, Long Beach an additional loss claim in the ,o- c*
amount of $976.20 to close this claim. Memorandum from
City Clerk Kathleen Midstokke dated March 1, 1988.
Assignment of agreement to process out -of state parking
citations from Vertical Management to Computil. Memo-
randum from General Services Director Joan Noon dated
February 25, 1988.
Recommended Action: To 1) approve agreement, 2) approve
Consent to Release, and 3) authorize City Manager to
sign said documents.
Acceptance of work as complete - Underground Storage
Tank closure at Police Station, City Yard (CIP 86-601).
Memorandum from Public Works Director Anthony Antich
dated February 24, 1988.
Recommended Action: To 1) accept as complete work com-
pleted by Diamond Pacific for underground storage tank
closure (CIP 86-601; 2) authorize staff to release 10%•
retention payment pending written approval of L.A. Coun-
ty; and 3) authorize staff to release the Labor and
Materials Bond and Faithful Performance Bond from
Diamond Pacific.
65V-
(1) Recommendation to authorize the Fire Department toITtv
A ,/rte
solicit proposals for purchase of four inch fire hose/
C and fittings. Memorandum from Public Safety Director 4
Steve Wisniewski dated February 29, 1988.
(m) Recommendation that the Council approve the ballot
guage for the 4% special tax on utilities for the pur-
_57
chase of the railroad right-of-way. Memorandum from
City Attorney James P. Lough dated March 2, 1988.
Authorization to solicit bids for Asphalt Street Repairs
CIP 87-171. Memorandum from Public Works Director
Anthony Antich dated February 16, 1988.
Recommended Action: To 1) approve plans and specifica-
tions for City-wide asphalt street repairs; 2) authorize
call for bids; and 3) authorize staff to iss'e an•en•
as necessary. 0416"/-444/
�? /,�,�,, -4 pe
(o)\�Authorization to solicit b` ds for elect ical/mocha.-cal
improvements for Council Chambers and Community Center
(CIPS 86-602 and 86-604.) Memorandum from Public Work
Director An o y Antich/ ated F b , 1988.
ime4-44" /141
Recommend Action: To 1) make a dec on n whethe to ,mt
air condition the Council Chambers and appropriate the
adeir
c/
necessary dollars; 2) appropriate additional construc-
tion dollars for Community Center Theatre air condition-
ing and furnace system, consistent with 11/30/87 Council
action to appropriate these funds after the design is
complete; and 3) advertise for bids.
Recommendation to authorize request for proposals for
construction of an 6' x 8' building to house radio
transmitters. Memorandum from Public Safety Director
Steve W' e i dated b ary 29, 1988.
„'
************4� *************************** //--
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 ordince
in regular order.
**ICZT;41°
2• ORDINANCES AND RESOLUTIONS - nto•
r;).7) 4-4 94."(
3
(a) ORDINANCE NO. 88-915 - AN ORDINANCE APPROVING A ZONE
CHANGE FROM R-2, C -POTENTIAL TO C-3 AND NEGATIVE DECLA-
RATION FOR PROPERTY LOCATED AT 720 EIGHTH STREET, LEGAL-
LY DESCRIBED AS LOTS 5 AND 6, BLOCK A, REDONDO HERMOSA
TRACT. For waiver of further reading and adoption.
(Continued from January 26 and February 23, 1988 meet-
ings.) Memorandum from Planning Director Michael
Schubach dated March 1, 1988 77....tipg conti uation of
this matter to May 24, 1988.
37:2
(b) RESOLUTION 88-5099 - A RESOLUTION APPROVING A P CISE
PLAN FOR 720 EIGHTH STREET, LEGALLY DESCRIBED AS LOTS 5
AND 6, BLOCK A, REDONDO HERMOSA TRACT. For ado tion.
(Continued from January 26 and February 23, =:8 meet-
ings.) Memorandum from Planning Direc_• ichael
Schubach dated March 1, 1988 requ ing continuation of
this matter to May 24, 1988.
ORDINANCE NO. 88-917 - AN ORDINANCE AMENDING THE ZONING
MAP BY CHANGING THE ZONE FOR AREAS AS DESCRIBED BELOW
AND SHOWN ON THE ATTACHED MAPS AND ADOPTING AN ENVIRON-
MENTAL NEGATIVE DECLARATION. (Areas 1, lA and 1B).
For waiver of further reading and adoption.
(d) ORDINANCE NO. 88-918 - AN ORDINANCE ADOPTING A TEXT
AMENDMENT TO THE DEFINITION OF "RESTAURANT" AND "SNACK
BAR AND/OR SNACK SHOP" AND APPROVAL OF AN ENVIRONMENTAL
NEGATIVE DECLARATION. For waiver of further reading and
adoption.
(e) A RESOLUTION OF INTENT TO DIRECT THE PLANNING COMMISSION
AND STAFF TO STUDY AMENDING THE ZONING CODE TO CREATE AN
AMORTIZATION PERIOD FOR BUSINESSES THAT REQUIRE A CONDI-
TIONAL USE PERMIT WHICH, HOWEVER, WERE IN OPERATION
PRIOR TO SUCH REQUIREMENT. For adoption. Memorandum
from Planning Director Michael Schubach dated February
23, 1988.
(f) A RESOLUTION GRANTING APPROVAL OF FINAL PARCEL MAP
#17678 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 429
BAYVIEW DRIVE, HERMOSA BEACH, CALIFORNIA. For adoption_.
Memorandum from Planning Director Michael Schubach dated
February 29, 1988.
(g) A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR
THE FORMATION OF A CROSSING GUARD MAINTENANCE DISTRICT
FOR THE FISCAL YEAR COMMENCING JULY 1, 1988 AND ENDING
JUNE 30, 1989. For adoption. (Annual renewal). Memo-
randum from Public Works Director Anthony Antich dated
February 23, 1988.
(h) A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR
THE FORMATION OF THE HERMOSA BEACH STREET LIGHTING DIS-
TRICT NO. 1988-1989. For adoption. (Annual renewal).
Memorandum from Public Works Director Anthony Antich
dated February 23, 1988.
(i) A RESOLUTION RELATING TO LEASE WITH THE OPTION TO PUR-
CHASE AGREEMENT AND DESIGNATION AS A QUALIFIED TAX-
EXEMPT OBLIGATION. For adoption. Memorandum from
Public Safety Director Steve Wisniewskj dated February
29, 1988.
0 DIRECT
STAFF TO AMENDING CHAPTER 29.5, ARTICLE IV,
MERGER OF PARCELS. Memorandum from City Attorney Jam
P. Lough dated March 2, 1988.
Ai
A RESOLUTION DIRECTING THE 4% INCREASE IN THE UTILITY /i. -e
USERS TAX EFFECTIVE MARCH 1, 1988 BE DESIGNATED IN THE
PARKS AND RECREATION FACILITIES TAX FUND SOLELY FOR THE P.1J'
PURPOSE OF THE COSTS OF ACQUISITION AND FINANCING OF THE'/
•
PROPERTY COMMONLY KNOWN AS THE AT&SF RAILROAD RIGHT-OF-
WAY. Memorandum from City Clerk Kathleen Midstokke dat-
7-0
ed March 2, 1988.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION.
4. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
X71D d
Letter from Philip and Jean Anne Donatelli, 13238 Min-
danao Way, Marina del Rey, dated February 16, 198 re.
waiving of building moratorium.
Recommended Action:R-e-fe to staff for w
response. = ,,4/e`d A
Letter from bodi Lazarow, Californians for Quality
Government, dated February 25, 1988 requesting support
of their initiative "Government Spending Limitation and
Accountability Act".
Recommended Action: To receive and file.
PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M.
/( _
5. TEXT AMENDMENT TO ZONING ORDINANCE AND NEGATIVE DECLARA. ,,�'
iJGi�-S""D �` TION REGARDING OPEN SPACE DEFINITION, LOCATION AND COM- ,i.0',
44,47.
4e PUTATION. Memorandum from Planning Director Michael i
cY�ac bruary 29, 98' . P,gh�
_h/ Reco
HEARINGS
en
/I trod ct p of ordinance.
TEXT AMENDME TO AR IC i� /2Lt/� OF THE ZONING ORDINANCE TO,A,
ESTABLISH AN ENFORCEMENT INFRACTION PROCESS FOR CONDI- ,t,/yiil 64F
TIONAL USE PERMIT VIOLATIONS.
Memorandum from P1 nni g i,,
Director 'ichael Schubach dated Mar h 1, 1988.E
err,
/J
Recommen•ed iictio: I ro uct'on of ordinance. 5.k -
•
7. SPECIAL STUDY AND TEXT AMENDMENT TO ZONING ORDINANCE TO
ADD CARETAKER UNIT IN MANUFACTURING ZONE SUBJECT TO A
CONDITIONAL USE PERMIT AND STANDARD CONDITIONS. Memo-
randum from Planning Director icsael Schubach dated
March 1, 1988.
Recommended Action:
MUNICIPAL MATTERS
Introdu•'
ion ofg--01
ordinance.
8. A. MID -YEAR BUDGET REVIEW - 1987-88 FISCAL YEAR.
(Continued from February 23, 1988 meeting.) Memo-
randa from City Manager Kevin B. Northcraft and
Finance Administrator Viki Copeland dated March 3,
1988.
Recommended Action: To receive and file this report;
and adopt attached revised Budget Summary by Fund (Ex-
hibit A-1&2), inclusive of all revisions to Revenues
(Exhibit B), Appropriations (Exhibit C-1&2), Transfers
(Exhibit D), and Designations (Exhibit E).
B. STATUS REPORT ON CAPITAL IMPROVEMENT PROJECTS.
Memorandum from Public Works Director Anthony An-
tich dated February 16, 1988. (Continued from
February 23, 1988 meeting.) Memorandum from City
Manager Kevin Northcraft dated March 3, 1988.
Recommended Action: To receive and file.
MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
Proposed Biltmore Site Appraisal. Memorandum from City -f.' A/
Manager evin Northcr ft da d March 2„ 1988.
4A2- , ”
MISCELLANEOUS EM AND RE RTS - Y CO' �IL
Report from Councilmember Williams on So. Bay Steerin g'�"--
Committee meeting with request for a vote on whether t
direct SCAG to proceed with plans for a So. Bay Area
Transportation Study.
Report from Mayor Simpsons re. City's adoption of a Moun- r'
tain Lion.
(c) �_ Report from City Attorney,
tee meetinsya
r
Letter from Councilmember Creighton dated February 29,
1988 re. bonding of City Treasurer with memorandum from
1�
City
Ma a er Kevi /f4
Nor c ft dated March 1, 1988.
(e) Counc'1 t s poli re. City liability arising out of
policy of allowing vehicles to encroach upon sidewalks.
3.7 Memorandum from City Attorney James P. Lough dated March
1, 1988. (/1,. , . f
V 1
1 reE
-4
(f)
Planning Commission proposed City Council/Planning Com-
mission workshop alternative dates. Memorandum from
Planning Director Michael Schubach dated March _ 1988.
j
11. OTHER MATTERS - CITY COUNCIL _J)
y _
Requests from Councilmembers for poible'futu a agenda mems:
(a) Request by Councilmember Williams for Biltmore Site dis-
cussion re. specific plan area and ballot measure.
Recommended Action: 1) Vote3 bouncil whether to
discuss this item; 2) refer to staff for a report back
on a future agenda; or 3) relsplu ion o ijrn tter by
cil action tonight. & —
�w-
RECESS CITY COUNCIL MEETING, CALL TOO ER VPL'E NG.�
12. MEETING OF THE ��M�f!
HERMOSA BEACH PARKING DISTRIC
_fVj I•""cif _ i
CS-
eir
oun-
C.
�J'�
:1✓
ADJOURN
COMMISSION
To approve minutes of the Vehicle Parking District Meet-
ing held on October 27, 1987.
Recommendation by Business Relations Subcommittee of th
City Council that the Vehicle Parking District Commis-
sion establish an on-going policy pertaining to sharing
th cost q i•.tions. 1
e'l
f merchant va
MEETING
VPD DISTRIC
ADJOURNMENT/1e1te/
3-4,
CITY COUNCIL MEETING
,1207e,e0
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W---Voi
61,7•Attoddletvv4;
•
NEW CITY HALL OPERATING HOURS
EFFECTIVE NOVEMBER 30, 1987:
MONDAY THROUGH THURSDAY
OPEN
7:00 A.M. TO 6:00 P.M.
12:00 NOON TO 1:00 P.M.
CLOSED FRIDAYS
Where there is no vision the people perish...
HERMOSA BEACH CITY COUNCIL AGENDA
Art,,wl_tr& or
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 bas the Council -Manager form of government, with a City Manager ap-
pointed by and responsible to the City Council for carrying out Council policy. The
Mayor and Council decide what is to be done. The City Manager, operating through
the entire City staff, does it. This separation of policy making and administration
is 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 tbere 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 tbe
ordinance to a subsequent meeting. Regular ordinances take effect 30 days after the
second reading. Emergency ordinances are governed by different provisions and waive
tbe 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
of the Agenda.
Oral Communications from the Public - Matters of an Urgency Nature
Citizens wishing to address the City Council on an urgency matter not elsewhere con-
sidered on the agenda may do so at this time.
Parking Authority
The Parking Authority is a financially separate entity, but
gral part of the City government.
Vehicle Parking District No. 1
is operated as an inte-
The City Council also serves as the Vehicle Parking District Commission. It's pur-
mote public parking in the central business
district.
pose is to oversee the operation of certain downtown parking -lots end otherwise pro-
February 25, 1988
Kevin Northcraft, City Manager
City of Hermosa Beach
1315 Valley Drive Hall
Hermosa Beach, CA 90254
Dear Mr. Northcraft:
I am writing on behalf of Californians for Quality Government
(CQG) to request your formal support and the support of the
city council for the initiative we have filed for the June 7
ballot.
CQG is composed primarily of the same organizations that
defeated Prop. 61 last November. It includes the League of
California Cities, California Police Chiefs, California Fire
Chiefs, American Association of Retired Persons/CA,
California School Boards Association as well as many other
education, good government and public safety organizations.
As you may remember, in 1979, Proposition 4 -- the Ganri
spending limit -- was approved by state voters.
Seven years later, what was originally promoted as a measure
to cut excessive government spending has slowly evolved into
a rigid straight -jacket on economic growth and the ability of
government, state and local, to continue providing critical
public services.
The initiative which our coalition has filed would update the
limit -- preserving the basic concept of a check on
government spending while adjusting it to reflect our growing
economy and changing needs.
The measure, entitled the "Government Spending Limitation and
Accountability Act" would update the method currently
employed to determine annual spending limitations for state
and local governments. It would modify the 'cost of living'
and 'population' adjustments and provide taxpayers with an
effective tool for holding government accountable.
Enclosed for your review are background materials and a
sample resolution. Should you have any questions or need
further information, please call me at (213) 670-8221.
Otherwise, I will call you in a few days.
Thank you for your serious consideration.
Sincerely,
Dodi Lazar.w
ADDITIONAL MATERIALS ARE AVAILABLE
IN THE CITY MANAGER'S OFFICE.
On the Coalition...
PDATE THE SPENDING UMI
11
1979, Dearly a decade age, California was a dramatically different place.
erry Brown was governor lad the state was embroiled in an unprecedented •taxpayer revolt. r
Double-digit inflation was considered a permanent fixture of the state and national economy. Over.?E.
90% of the then 23 million Californians were younger than 65. School enrollments were declining ';;;
aad prison population was less than one-third of what it is today. Traffic jams did not clog every
ireeway. AIDS had not yet been discovered, and the disposal of tonic waste was but a minor problem.
Today, `ever ehanglag California s one of the fastest-growing states is the nation. t fez
Y, #,.;.;•.;:',.qi• ,•
, .': —.- t .., 1i1 i t.y;, 4 1 4N jY
F ,Inflation hu seadily eclined since the mid -1980's. The California economy coatinoes to
grow. California per capita personal income currently ranks one of the highest is the nation
., r rt r , 4• .\1 ', t ,V -n t' ,:, } ...-:"r;,•; I �t4-'%1
} Mori -than 27 million people now call California home. Over 130,000 new children enter our 4
school sy1tem every year: Oar senior citizen population also has soared, growing twice as fast is 'r
the cumber of state residents, and is expected to far outstrip other demographic groups well tat
the 'set century. By -the year 2000, 3.8 million Californians win be 65 or older.
1 4 11;• 1 `1"'-,::,..4,-„!';.:-.';' y.:t,iv ..p ,.. ,1''Y,, J SK ti,J 1 )i,. J r1 A., r. I. .t l•t ?` ..1,._1J 1� ,y ti
We have 4 millionmore can oa the road today than in 1979. Californians sow waste 300,000
boars every day stuck in traffic jams. And, u Governor Deukmejian recently noted, 'If you think
traffic is bad today, is just 13 years we will be sharing the road with 15 minion additional cars iy
5 4 ,.,i , ` li, v ,u , 5 `4� �: 1�,t a 'k"�aYer
and trucks.• r t'<"' f A 1 .4et K tRtdAP •a a4 . � • * '% ,} U rt
r t fan ' +Y S J • ! ^'°.nut t t :a
t „r �. C fy: J F :' a aa.. n ., L�yr F-.:4 YY. Id :j'`a •�h a: "tyY I� r t :.• t t _�
• The public's demand for tougher criminal laws and longer prison sentences has tripled our¢
mate population. California now houses one/tenth of all the prisoners in the Dation, making
as the state with the worst prison overcrowding problem Just five years ago, the Department
of Corrections budget was 8500 million. Today it exceeds 81.4 biUton and continues to skyrocket.
r 1 i ',.',.i-..;,-:,::, v t ,..4k ' t : ,,;:?-,y2 ?: 1„;...,,:1,1 -f, -.:,,,;,,,,i,,,4. .�71 ” Y BY�.f„ , t.*, 'n ;t1`. � "
State spending on anti -tonics programs have increased 40% and California now accounts fors 1" F
A 4 Std
:fully
5 �y one-fourth of ell the nation's AIDS cases.
rNr ii AE {ai "l4rK. C
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; i:•;1.'-,',';\,.'...''.,;.;-!,:;,', a :`..,q ,.
lack in 1979, the year following the passage of Preposition 13, Californians approved
Preposition 4, kaewn as the Gana Spending Limit. It restricted all future state and local
government spending of tax revenue to 1979 levels, allowing animal adjustments only forgeaersl
population and cost of living changes: (The latter is defined u the change- in the naked
• ,b thY
-.'•",-,..,,`„:.;
w rJ,;
States Consumer Price Index (CPI) or Cafoaie per capita persoaincome, whiehovefiset
4 h!s :.i*4 1 ia.ir !r •-,..,..=, F •, .y C tf t Kai•r ,;j,;a.31, r T 4hr Y
, -Allowing annual adjustments strictly for general population and ieflatipa'changes
might
:.. well have seemed a surefire protection back in 1979• Much like the Edsel, the •uasiakable•, Wiz:
: Titanic and the slew!' Coke once seemed likeuhood ideas.
Such •� "`
1 r; ` .y � � `$,•t $ "• ^ikf'.r� YY r u� }i a'�r J4 �� y..w t
' ¢ f 1 'a g
1, q:;.x:A,'. rrA, tt ?fr.;? 6r ., _'jai, t :c„ .J, t '1 nr 541:.:
Today, however, the spending limit has become as oat -..deli ud Inflexible docusint. ° It
Is unworkable, unable to meet the changing needs of Californians mad sorely to need of apdati'
it prohibits the use of already -collected tax dollars to maintain even the current level of. ..`t'
education, law enforcement and other critical
s_e,rvicc esr . ,, rftiy r ytiytC.r!r�J•'�ia�t w tar jrylr��`'"fir* '��z�"W{'xr
, '1
;:.;',.'d‘ " a
p1 �gi• f� li„' `. r 1 �'.. � ` r. , r,: v :. c� k c>i_Rr
In Tact, the Commission oa State Finance's forecast shows that the ezisting limit could force
over S23 billion in cuts in current public services during 'the. next decade. r'That means 23 billion;
is cutbacks to education, law enforcement. health care. senior programs mud” otber vital'iervices!
It would further prevent the state from spending an additional S18 billion of revenue that will,,
be available under :listing tax laws as a result of California's growing economy.
,f f , he�yyMy4•.r0. yi . �T�3 t ! : r �`!. I $, •S fJ1,. ..
Myd tl ,J'44 4!7 tit o+jr„
We need an effective government spending limitation•,'nne" that-Will:force the politicians
set priotiticSJand manage.our tax dollars efficiently. We can IIIaffordthe existing limitation'
.. wbleh allows 1979 economics to control what we do today. encourages political shell gimes and'
fiscal mismanagement and forces current service cutbacks at suck a critical time for California.
•
h .:"nr ,'al:•. ! ;',;• y _:.y tl ;' Y ,;�:'7' '!.,. ::.L > _;.: ;. i:r I > Ix
At a time when California students struggle in the country's largest classrooms and a
whopping one-third of them do not make it to high school graduation, we need a limit that will
allow the recent education reform movement to continue
.S nz ly Dias �
;_ .1,• At a time when senior citizens are quickly becoming the fastest growing segment in our state,
we need a limit that will sot force farther cutbacks la Medi -Cal and health care for the elderly.
•
Ata time when California ranks No. 50 in per capita expenditures on transportation and the
Department of Transportation projects more than $13 billion will be needed to accommodate growth.
by 1995, we need a limit that enables us to keep up with the present and build for the future.
At a time when the state is in the midst of the largest prison construction program in the
nation to enable our prisons, currently bulging with twice their designed capacity, to accommodate
our get -tough -on -crime demands, we need a limit that does not threaten to return these criminals
to the streets simply because our prisons are toe crowded. 1 `
r,, - r { �• tit , t'.
At a time when the cog of research and medical care for the state's `rowing flood of AIDS
patients is expected to increase fourfold in the next four years, we need a limit that does net
probibit'us from using available resources to combat an unanticipated, deadly epidemic.
v : •.At a time when dramatic cutbacks are expected in federal funds which are currently not
counted against the limit, we need a limit that will enable the state to help compensate for
those lost dollars for education, law enforcement, health care and other critical services. h ,
That's why a growing coalition of education, law enforcement, business, health can, sealers �, t
and good government organizations is placing as initiative on the June, 19$$ ballot that would
update the limit. Known u the "Government Spending Limitation and Accountability Act", the "=
measure would preserve the check oa government speeding bet adjust it to reflect ear growing economy,';
and changing seeds. It would modify the annual cost of living and population adjustments used under.,
existing law and provide taxpayers with an effective tool for holding government accountable.
•
Specifically, the initiative would base annual cost -of -living adjustments on the California
Consumer Price Index (CPI), rather than the U.S. CPI, and would be balanced to reflect the real ,
growth of California's economy. Why should we be held back by a national inflation indicator that
reflects the combined experiences of states like Arkansas and Louisiana? (� '
Annual population adjustments to the state limit would include increases in student
enrollments. School population is currently growing twice u fast as overall state population
We need to take care of those 130,000 new kids.'
12 the case of municipal governments with large commute populations, annual adjustments' would
address the growing number of commuters using local services. Developing cities and counties should
be able to put their increased resources to use in order to provide law enforcement and other local
cervi:es for a growing base.
Earmarked motor vehicle and gasoline taxes would be properly treated as user fees without
adversely affecting other public services. These revenues would be guaranteed for their intended
transportation purpose and still subject to the taxpayer protections provided by Proposition 13.
Finally, to ensure the proper accountability to taxpayers, 'the. existing Commission' on State
Finance would report annually the manner in which state revenues are spent and the amount of the ..;
state appropriations subject to limitation.•
California is the fastest growing state in the nation. Common sense dictates that our thriving
`economy and increased revenues be used to meet our growing demands. We cannot afford to let a
law that has become obsolete bold us back now. N '
Please contact: `:Californians for Quality Government (415) 340-0470
111 Anza Blvd., Suite 406 '"(213) 670-8221
Burlingame,'` CA 94010
:r<. ,-:✓I9tit:'moi:.-,:..e:ea�►�.
r in Los Angeleh
•
•
SLE RESOLUTION EQE CITIES
WHEREAS, Californians for Quality Government, is sponsoring for the
June, 1988 ballot an -initiative that would modify the current
Government Spending Limitation that would more accurately reflect
California's economic growth and spiraling service populations; and
WHEREAS, the current Government Spending Limitation has threatened to
halt all real increases and force reductions in health care, educa-
tion, senior programs, public safety and other vital services; and
WHEREAS, the current Government Spending. Limitation restricts state
and local government spending to 1979 levels; adjusted only for
population and inflation changes; and
WHEREAS, the Commission on state Finance reports that the current
limit could force over $23 billion in cuts in critical public services
over the next decade; and
WHEREAS, the current Government Spending Limitation is inflexible and
inhibits the state's ability to use already -collected tax dollars to
at least maintain the current level of funding for critical services;
and
WHEREAS, this proposed initiative would modernize both the cost of
living and population formulas to more accurately reflect California's
economic growth and changing needs and redefine gas taxes as user fees
so to provide much needed transportation dollars without adversely
affecting other crucial public services; and
WHEREAS, this initiative would ensure accountability to taxpayers by
requiring the existing Commission on State Finance to report annually
the manner in which state revenues are spent and the amount of state
appropriations subject to limitation; and
WHEREAS, the League of California Cities, California Police Chiefs
Association, California State Sheriffs Association, California Fire
Chiefs Association, Californians for Better Transportation, California
Tax Reform Association, League of Women Voters of California,
California Teachers Association, California School Boards Association,
California State PTA, California Community College Trustees, American
Association of Retired Persons/CA, Congress of California Seniors,
California Seniors Coalition, California Correctional Peace Officer
Association, California Association of Homes for the Aging, California
Association of Highway Patrolmen, Peace Officers Research Association
of California, California State Employees Association, American
Association of University Women/CA Division, California State Council
of SErvice Employees, California Nurses Association, Lutheran Office
of Governmental Ministry, and many others are in full support; now,
therefore be it
RESOLVED, that fully supports and
endorses the "Government Spending Limitation and Accountability Act"
for the June 1988 ballot.
League of California Cities Gann Initiatives Overview
Compiled for Board of Directors Meeting
INITIATIVE PROPOSALS TO AMEND THE GANN APPROPRIATIONS LIMIT
As reported at your July meeting, there were three initiative proposals
being sponsored by two groups that would modify the Gann Appropriations
Limit (Article XIIIB of the California Constitution). At that meeting,
the Board decided the League should not support any of these measures
until final language was available. However, the Board did support the
provisions of the original proposal of the Californians for Quality
Government (CQG) coalition, as recommended by the Revenue and Taxation
Committee. Before fully endorsing this proposal, the Board wanted to see
whether the CQG original initiative proposal was circulated for
signatures, or whether their second proposal was circulated which added
language to exclude state gas taxes from the Gann Limit.
The CQG coalition has dropped their original measure and has now
certified the second proposal (excluding state gas taxes in addition to
the provisions of the first measure) and the final language is now known.
At the same time, another initiative proposal to amend the Gann Limit is
being sponsored by the Committee for California's Future (CCF), a group
headed by the organizations of Paul Gann and the late Howard Jarvis. At
this time, these appear to be the only possible ballot measures affecting
the Gann limit that could be on the June, 1988 ballot. The CQG measure
is almost certain to qualify for the June ballot. The following provides
a summary of these initiative measures for the Board's consideration.
1. Californian's for Quality Government (CQG) Initiative
This measure is titled the 'Government Spending Limitation and
Accountability Act,' and a full copy of the text is attached
(Attachment 1). In general, the CQG initiative contains all of the four
provisions endorsed by the Board at your July meeting, plus a provision
that redefines the state's nine cents per gallon on motor vehicle fuel as
a users fee and thereby excludes this revenue from the Gann
Appropriations Limit. This 'user fee' would be outside the Limit only to
the extent that they are used for transportation purposes, as specified
in Article XIX of the California Constitution. This means this 'fee'
could be increased by the Legislature without regard to the state's Gann
Limit.
This provision would not affect gasoline tax subvention revenues received
by cities and counties, since they are currently excluded from local
government limits by the implementing 'statutes of Article XIIIB
(Government Code Section 7903). Also, this would not affect local sales
tax or Vehicle License Fee revenues to cities and counties since
Article XIX, Section 7, states that 'This Article shall not affect or
apply to fees and taxes imposed pursuant to the Sales and Use Tax Law or
the Vehicle License Fee law..." This provision• of the initiative
accomplishes the same purpose as SCA 12 (Foran) which the League
supported in 1986.
-21-
The other fourthe rBoardo in July, whf the ich G initiative
remain
again
summarized here as
supportedb Y
follows:
A. Cost -of -Living Adjustment. The annual cost -of -living adjustment
to each entities Gann Limit would be defined as the change in the
California Consumer Price Index or the California per capita personal
income, whichever is greater. Current law is the change in the
United States Consumer Price Index or the California per capita
personal income, whichever is less.
B. Annual Population Adjustment. In addition to an annual
adjustment for the change in resident population, this measure would
provide an additional adjustment for the change in persons employed.
This will better recognize economic growth and development in the
non-residential sector for cities.
C. State Reporting Requirement. The Commission on State Finance
would be required to annually report to the taxpayers how the state
has spent its revenues during the preceding year, and the amount of
state appropriations which are subject to the Gann Limit.
D. Effective Dates of Changes. The revised calculation of
cost -of -living changes and population as described in A and B above
would become effective in the 1986-87 fiscal year for purposes of
calculating the limit for 1988-89 and each year thereafter.
Issue: This measure is generally consistent with the League's policy
o jectives for amendments to Article XIIIB. It contains the same
language previously supported by the Board plus language to exclude state
gas taxes from the state's limit similar to SCA 12 which the League
supported last year. Should the League support this measure, the measure
described below, or both? Californians for Better Transportation (of
which the League is a member) has endorsed both measures.
Recsupportndoo fi n: The Revenue the CQG initiative, except Taxation theyCommittee
ha have notas acted recommended
additional gas tax provision.
Board Decision: S u p po rr
2. Committee for California's Future (CCF) Initiative
A second initiative proposal affecting the Gann Limit now has title and
summary, and is being circulated for signatures. It is titled the 'Paul
Gann Spending Limit Improvement and Enforcement Act of 1988.' As
originally submitted, it included a provision that allowed the Governor -
to enforce Article XIIIB "as necessary." This language, which would
likely be opposed by local government has subsequently been deleted, as
well as other less substantive changes. A copy of the revised language
is enclosed (Attachment 2).
The primary focus of the CCF initiative is to provide additional revenues
for transportation. It maintains the current Gann Limit formula and does
not include any changes in the cost -of -living or population adjustments
that are contained in the CQG initiative. The major changes of the CCF.
initiative are to (1) redefine the gas tax as a user fee, as with the CQG
i initiative, and (2) dedicate sales tax revenues from gasoline to
transportation purposes and define the revenues as user fees. Initially
II these changes would provide $600 to $700 million annually for
transportation, with increases thereafter as the state's economy expands.
While this initiative appears to accomplish the same purpose contained in
the CQG initiative, of removing gas taxes from the Gann Limit, there is a
II technical flaw in the language that would have a negative impact on the
state's general fund. The CO initiative has so-called "decompression'
language that holds the state general fund harmless after removing gas
r capac. However, the CCF y cit of the state generalinitiative
fu d afterwould
removing actually
motorreduce
capvehicle taxes.
While this measure would have no direct effect on the Gann Limits of
a cities it does offer one potentially valuable change for cities and
counties in that the local sales tax would be placed in the Constitution
by stating, "The Legislature shall not reduce the rate in effect on
11 JanuarySalesandUse Tax.' imposed Overall features ant oofhe theBradley-Burns
CCF yinitiative Uniform
Localalare
Local
summarized as follows:
IIA. Maintains current Gann Limit formula.
B. Placesthe one
nt local sales tax in from reducing this rate he Constitution and
1 prohibits the Legislature
C. Defines gas taxes as user fees, thus exempting them from the
111 spending limit restrictions.
D. Defines sales tax on gasoline as a user fee and requires that
these funds. be used for transportation purposes (phased in over a
1 three-year period).
hree
E. Establishes
a state fun budget emergency
Appropriations made to thereserve fund eual to treserve will
ercent
of theegeneral
II not be subject to the spending. limit.
111 F. Allows appropriations to be made from the state's reserve (equal
to two percent of general fund budget) for -emergency purposes if
appropriation would be exempa two-thirds t from the state spending islative vote and the governor. Such
appropriation
3 G. Requires that the governor annually calculate the spending limit.
al H. Allows any taxpayer to challenge the governor's calculation.
Issue: This initiative makes no changes in the Gann Limit provisions
ill app icable to local government, but does provide potentially beneficial
changes for cities by placing the local sales tax in the California
Constitution and increasing
the
Leaxueu^t of supporttate thisameasure, ail ble for
the CQG
transportation. Should9
Ell initiative, or both?
Recommendation: No policy committee has reviewed the CCF initiative.
Board Decision: Took, pp d ati6"-
B -23-
Hermosa
Beach
City Schools
P.O. Box Number 338
Hermosa Beach, California 90254
MEMBERS OF THE SUPERINTENDENT
GOVERNING BOARD OF SCHOOLS
Don Ryckman
(213) 378-8961
Lynne Gonzales
Joe Mark
Susan Meyer
Georgia Tattu
Mary Lou Weiss
March 8, 1988
Mayor Etta Simpson
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Dear Mayor Simpson,
At their regular meeting of February 10, 1988, the Hermosa Beach
Board of Trustees adopted Resolution No. 87-88/7 supporting and
endorsing the "Government Spending Limitation and Accountability\
Act of 1988.
The Board would appreciate any support other public agencies
could give to his initiative.
f/ ///'
Yours trul
Don Ryc an
Superint= ndent
DR/mg
Encl.
RESOLUTION
NO. 87-88/7
GOVERNMENT SPENDING LIMITATION AND
ACCOUNTABILITY ACT OF 1988
WHEREAS, Californians for Quality Government, is sponsoring,for the June 1988 ballot,
an initiative that would modify the current Government spending Limitation and would more
accurately reflect our spiraling school population, and
WHEREAS, more than one hundred thousand new children are entering our schools each
year, and
WHEREAS, California classrooms are already the most overcrowded in the nation; and
WHEREAS, California schools are already critically underfunded and currently rank 47th in
the nation in the percentage of personal income spent on its public schools; and
WHEREAS, California school districts are already overburdened and critically reliant on the
State Government, and
WHEREAS, the current Government Spending Limitation has threatened to halt all real
increases in educational spending and force reductions in current levels of educational funding;
and
WHEREAS, the current Government SpendingLimitation restricts state and local
government spending for education to 1979 levels; adjusted only for population and inflation
changes; and
WHEREAS, the Commission on State Finance reports that the current limit could force over
$23 billion in cuts and public services over the next decade; and
WHEREAS, the current Government Spending limitation is inflexible and inhibits the state's
ability to use already -collected tax dollars to at least maintain the current level of educational
funding; and
WHEREAS, this proposed initiative would modernize both the cost of living and population
formulas to more accurately reflect California's economic growth and changing needs; and
WHEREAS, this initiative would permit government entities making appropriations to
schools to include increases in school enrollments in determining population adjustments; and
WHEREAS, the Association of California School Administrators, California Teachers
Association, California State PTA, California Federation of Teachers, California School
Employees Association and many others are in full support; now, therefore be it
RESOLVED, that the Board of Trustees of the Hermosa Beach CitySchool
District fully support and endorse the "Government Spending Limitation and
Accountability Act of 1988," and recommends adoption of this resolution ,
and further be it
RESOLVED, that the Hermosa Beach: City School District fully supports and
endorses the "Government Spending Limitation and Accountability Act of 1988."
t
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, February 23, 1988 at
the hour of 7:45 P.M.
CLOSED SESSION - 6:00 p.m.
Present: Creighton, Rosenberger,
Absent: None
PLEDGE OF ALLEGIANCE - Assistant
ROLL CALL
Present: Creighton,
Absent: None
Sheldon, Williams,
City Manager Alana
Mayor Simpson
Mastrian
Rosenberger, Sheldon, Williams, Mayor Simpson
PROCLAMATION - DARE Participation - Graduation - Wednesday, March
2, 1988 - Public Safety Director Steve Wisniewski
will present proclamation at Hermosa Valley School
ACTIONS FROM CLOSED SESSION
City Attorney Lough announced discussions were held regarding the
potential purchase of the A.T.&S.F. Railroad right-of-way, and
that a Council Subcommittee comprised of Mayor Simpson and Mayor
Pro Tem Rosenberger met last week with Brian Weber representing
A.T.&S.F.
CITIZEN COMMENTS
None
1. CONSENT CALENDAR
Action: To approve Consent Calendar items (a) through
y) with the exception of the following items which were
pulled for further discussion but are listed in order
for clarity: (f)•Sheldon, (m) Williams and (t) Sheldon.
Motion Rosenberger, second Williams. So ordered.
(a) Approval of Minutes: Special meeting of the City Coun-
cil held on February 8, 1988.
(b)
Action: To approve minutes.
Approval of Minutes: Regular meeting of the City Coun-
cil held on February 9, 1988.
Action: To approve minutes.
1
(c) Demands and Warrants: February 23, 1988.
Action: To approve Demands and Warrants Nos. 25436 and
25547 through 25700 inclusive noting voided Warrants
Nos. 25550 through 25566 inclusive.
(d) Tentative Future Agenda Items.
Action: To receive and file.
(e) Building and Safety Department Monthly Activity Report:
January, 1988.
Action: To receive and file.
(f) Community Resources Department Monthly Activity Report:
January, 1988.
Action: To receive and file.
Motion Sheldon, second Rosenberger. So ordered.
(g) Finance Department Monthly Activity Report: January,
1988.
Action: To receive and file.
(h) Fire Department Monthly Activity Report: January, 1988.
Action: To receive and file.
(i) General Services Department Monthly Activity Report:
January, 1988.
Action: To receive and file.
(j) Personnel Department Monthly Activity Report: January,
1988.
Action: To receive and file.
(k) Planning Department Monthly Activity Report: January,
1988.
Action: To receive and file.
(1) Police Department Monthly Activity Report: January,
1988.
Action: To receive and file.
(m) Public Works Department Monthly Activity Report:
January, 1988.
Action: To receive and file.
Motion Creighton, second Rosenberger. So ordered.
- 2 - Minutes 2-23-88
t
Monthly Revenue Report: January, 1988.
Action: To receive and file.
Monthly ExpenditureReport: January, 1988.
Action: To receive and file.
City Treasurer's Report: January, 1988.
Action: To receive and file.
Award of bid for lease/purchase of„ the, equipment and
software for^thestand alone dispatch and records.sys-
tems. Memorandum from Public Safety Director Steve Wis-
niewski dated February 9, 1988.
Action: To 1) rescind award of bid to Security Pacific
Merchant Bank for lease/purchase of the equipment and
software; 2) award the bid for lease/purchase to Mar-
quette Lease Services, Inc.; 3) authorize City Manager
to enter into lease agreement with Marquette Lease Ser-
vices, Inc. for the lease/purchase of computer and com-
munications equipment and software necessary for dis-
patch and records management.
(r) Report and recommendation coneerning.records_of_hazard-
,toxic mat
ousand/or erial spills in the City of Hermosa
Beach. Memorandum from Public Safety Director Steve
Wisniewski dated February 10, 1988.
Action: To receive and file report.
(s) Cable TV Board summary report, and resignation of two
board members. Memorandum from General Services Direc-
tor Joan Noon dated February 10, 1988.
Action: To 1) receive and file report, and 2) accept
the resignations of Cable TV Board members R. Sylvia
Barton and John A. McIntyre effective February 3 and 5
respectively. Also to not appoint others to fill those
vacancies, thereby having the Board consist of only 8
members.
(t) Informational update and. progress report on planned
withdrawal from the_ South, Bay_ Regional Communications
Authority. Memorandum from Public Safety Director Steve
Wisniewski dated February 11, 1988.
Ac� tion: To receive and file report, set a date of
October 1, 1988 to have the system operational, and
staff to notify Council of any problems or delays.
Motion Creighton, second Sheldon. So ordered.
- 3 - Minutes 2-23-88
(u)
Claim for Damages: James Jones, represented by Howard
A. Kapp, Esq., 315 So. Beverly Drive, Suite 406, Beverly
Hills, CA 90212.
Action: To deny claim and refer to City's Claims
Administrator.
(v) Authorization to solicit bids for Police Department_re-
model, first floor 01P_$7-606). Memorandum from Public
Works Director Anthony Antieh dated February 11, 1988.
Action: To 1) approve plans and specifications for
Police Dept. 1st floor remodel including dispatch room,
2) authorize call for bids, and 3) authorize staff to
issue addenda as necessary.
(w) Authori ation to solicit bids for traffic si_nal im-
provements CIP :5-13:. Memorandum from Public Works
Director Anthony Antich dated February 11, 1988.
Action: To authorize staff to advertise for bids for
rraa7fic Signal Improvements - CIP 85-138, and issue ad-
denda as necessary.
(x) Preliminary Design Report for Sanitary Sewer Design (CIP
47-405). Memorandum from Public Works Director Anthony
Antich dated February 10, 1988.
Action: To 1) accept the preliminary design report, and
2) authorize completion of the plans and specifications
for CIP 86-405.
(y)
Award of contract, -.downtown area maintenance. Memoran-
dum from Public Works Director Anthony Antich dated
February 16, 1988.
Action: To 1) reject bids, 2) authorize staff to re -
advertise for bids and issue addenda as necessary, and
3) approve month-to-month extension with Specialty Main-
tenance, Inc. for the 3 -months remaining (April, May &
June) in FY 87-88.
CITIZENS COMMENTS ON CONSENT ORDINANCES AND. RESOLUTIONS
Jerry Cohen, Epstein & Associates, Santa Monica, representing
Music Plus, asked for a continuance to the next meeting on items
2(a) and 2(b), Ordinance No. 88-915 for adoption and Resolution
No. 88-5099 for adoption.
Action: To continue agenda items 2(a) and 2(b) to the City Coun-
cil meeting of March 8, 1988.
Motion Sheldon, second Rosenberger. So ordered.
4 - - Minutes 2-23-88
•
t.
Action: To suspend the agenda and go to agenda item 5, Public
Hearings.
Motion Williams, second Creighton. So ordered.
MOTION TO WAIVE FURTHER READING
Action: To waive full reading of any ordinance or resolution on
this evening's agenda.
Motion Rosenberger, second Creighton
AYES - Creighton, Rosenberger, Sheldon, Williams, Mayor Simpson
NOES - None
2. ORDINANCES AND RESOLUTIONS
(a) ORDINANCE NO. 88-915 - AN ORDINANCE OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-
2, C -POTENTIAL TO C-3 AND NEGATIVE DECLARATION FOR PROP-
ERTY LOCATED AT 720 EIGHTH STREET, LEGALLY DESCRIBED AS
LOTS 5 AND 6, BLOCK A, REDONDO HERMOSA TRACT. For
waiver of further reading and adoption. (Continued from
January 26, 1988 meeting.)
Continued to March 8, 1988 meeting.
(b) RESOLUTION 88-5099 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PRE-
CISE PLAN FOR 720 EIGHTH STREET, LEGALLY DESCRIBED AS
LOTS 5 AND 6, BLOCK A, REDONDO HERMOSA TRACT. For adop-
tion. (Continued from January 26, 1988 meeting.)
Continued to March 8, 1988 meeting.
(c) ORDINANCE NO. 88-916 - AN ORDINANCE OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA, DELETING TICKET BROKER FROM THE
C-1 ZONE AND ADDING TICKET BROKER/SALES SUBJECT TO A
CONDITIONAL USE PERMIT TO THE C-2 ZONE PERMITTED USE
LIST AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION.
For adoption.
(a)
Action: To adopt Ordinance No. 88-916 entitled "AN OR-
DINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DELET-
ING TICKET BROKER FROM THE C-1 ZONE AND ADDING TICKET
BROKER/SALES SUBJECT TO A CONDITIONAL USE PERMIT TO THE
C-2 ZONE PERMITTED USE LIST AND ADOPTING AN ENVIRONMEN-
TAL NEGATIVE DECLARATION.
Motion Rosenberger, second Creighton. So ordered.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RELATING TO ACCESS OF CRIMINAL HIS-
TORY INFORMATION FOR PURPOSES OF EMPLOYMENT; LICENSING,
OR CERTIFICATION. For adoption. Memorandum from Public
Safety Director Steve Wisniewski dated February 10,
1988.
Action: To adopt Resolution No. 88-5107. entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
- 5 - Minutes 2-23-88
BEACH, CALIFORNIA, RELATING TO ACCESS OF CRIMINAL HIS-
TORY INFORMATION FOR PURPOSES OF EMPLOYMENT, LICENSING,
OR CERTIFICATION."
Motion Williams, second Creighton. So ordered.
(e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP #18804
FOR 2 -UNIT CONDOMINIUM PROJECT LOCATED AT 41 - 8TH
COURT. For adoption. Memorandum from Planning Director
Michael Schubach dated February 9, 1988.
Action: To adopt Resolution No. 88-5108 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL MAP #18804
FOR 2 -UNIT CONDOMINIUM PROJECT LOCATED AT 41 - 8TH
COURT."
Motion Rosenberger, second Williams. So ordered.
(f) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING RESOLUTIONS NO. 85-4860 AND
NO. 87-5025 RELATING TO AUTHORIZED USERS OF VISA BANK
CARD SERVICES FROM BANK OF AMERICA NT&SA. For adoption.
Memorandum from Acting City Manager Alana M. Mastrian
dated February 17, 1988.
Action: To adopt Resolution No. 88-5109 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING RESOLUTIONS NO. 85-4860 AND
NO. 87-5025 RELATING TO AUTHORIZED USERS OF VISA BANK
CARD SERVICES FROM BANK OF AMERICA NT&SA (adding City
Manager Kevin Northcraft).
Motion Rosenberger, second Sheldon. So ordered
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION.
Consent Calendar items (f), (m) and (t) were discussed
at this time but are listed in order for clarity.
4. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
(a) Letter from Pam English, 28150 Alaminos Dr., Saugus dat-
ed February 9, 1988 re. allowing guide dogs on the
beach.
Action: To receive and file, staff to write a letter
thanking them for their concern.
Motion Sheldon, second Creighton. So ordered.
(b) Letter from Ted Campbell, 1022 Third St., Hermosa Beach
dated February 17, 1988 re. parking permits for people
outside of impact zone.
Action: To receive and file.
Motion Sheldon, second Creighton. So ordered.
6
Minutes 2-23-88
PUBLIC HEARINGS
5. CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT FOR AT&SF
PROPOSED GENERAL PLAN AMENDMENT/ZONE CHANGE REQUEST.
Memorandum from Planning Director Michael Schubach dated
February 17, 1988. Supplemental information - letter
from Joe Greco, Turrini & Brink, dated February 19,.
1988 and memorandum from Planning Director Michael
Schubach dated February 23, 1988.
The staff report was presented by Planning Director
Michael Schubach.
The Public Hearing was continued open. Coming forward
to speak were:
Doug Boyd, Turrini & Brink, representing the applicant.
John Edwards, 501-33 Herondo - in opposition
Rosamond Fogg, 610 - 6th Street - in opposition
Wilma Burt, 1152 - 7th Street - questioned minimum lot
size
The Public Hearing was closed.
Action: To certify the Environmental Impact Report and
adopt Resolution No. 88-5110 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFOR-
NIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY GENERAL
PLAN AMENDMENT AND ZONE CHANGE REQUEST."
Motion Creighton, second Rosenberger
AYES - Creighton, Rosenberger, Sheldon, Williams, Mayor
Simpson
NOES - None
A recess was called at 8:50 P.M.
The meeting reconvened at 9:05 P.M.
Mayor Simpson introduced the new Hermosa Beach City Manager,
Kevin B. Northcraft. She also thanked City Clerk Kathleen
Midstokke for furnishing the refreshments prior to the meeting.
6. REZONE OF AREAS 1, 1A AND 1B FROM R-3 TO R-2.
Memorandum from Planning Director Michael Schubach dated
February 16, 1988. Supplemental information -
memorandum from Planning Director Michael Schuback dated
February 23, 1988 and letter from Michael Lawton, 1840
Hermosa Avenue, dated February 14, 1988.
The staff report was presented by Planning Director
Michael Schubach.
The Public Hearing was opened. Coming forward to speak
in opposition to the rezoning were:
- 7 - Minutes 2-23-88
Jerry Compton, Chairman, Planning Commission - Area 1
Jerry Compton, Area 1B
Wilma Burt, 1152 - 7th Street - Area 1B
George Spratt, Architect, Manhattan Beach - Area 1B
Dave Olsen, owner of 1720 Hermosa Avenue - Area 1B
The Public Hearing was closed.
Straw votes were taken individually for the rezoning of
each area and all three passed unanimously.
Action: To approve the Planning Commission recommenda-
tion and introduce Ordinance No. 88-917 entitled "AN
ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE ZONING MAP BY CHANGING THE ZONE FOR AREAS
AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAPS AND
ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION" (AREAS
1, lA AND B) with amendments to include "inclusive"
after multiple lots and adding a new section as read by
the City Attorney regarding a "Grandfather Clause".
Motion Rosenberger, second Creighton
AYES - Creighton, Rosenberger, Sheldon, Williams, Mayor
Simpson
NOES - None
7. TEXT AMENDMENT REGARDING DEFINITION OF "RESTAURANT" AND
"SNACK BAR", CUP REQUIRED. Memorandum from Planning
Director Michael Schubach dated February 16, 1988.
The staff report was presented by Planning Director
Michael Schubach.
The Public Hearing was opened. No one coming forward to
speak, the Public Hearing was closed.
Action: To approve the staff recommendation and intro-
duce Ordinance No. 88-918 entitled "AN ORDINANCE OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A TEXT
AMENDMENT TO THE DEFINITION OF "RESTAURANT" AND "SNACK
BAR AND/OR SNACK SHOP" AND APPROVAL OF AN ENVIRONMENTAL
NEGATIVE DECLARATION."
Motion Sheldon, second Rosenberger
AYES - Creighton, Rosenberger, Sheldon, Williams, Mayor
Simpson
NOES - None
MUNICIPAL MATTERS
8. A. MID -YEAR BUDGET REVIEW - 1987-88 FISCAL YEAR.
Memorandum from Acting City Manager Alana Mastrian
and Finance Administrator Viki Copeland dated
February 18, 1988.
Action: To bring this item back at the next meet-
ing to include the figures that the Finance Ad- •
ministrator presented orally to the Council, and to
- 8 - Minutes 2-23-88.
give the new City Manager time to become actively
involved in the budget review.
Motion Creighton, second Mayor Simpson. So ordered.
Final Action: To instruct staff to bring back a
resolution which would insure that the 4% Utility
Users Tax would be isolated in the Parks and
Recreation Facilities Tax Fund and shown on the
Budget Summary of Accounts made available each
month, to include any interest acurred.
Motion Sheldon, second Simpson. So ordered.
B. STATUS REPORT ON CAPITAL IMPROVEMENTS PROJECTS.
Memorandum from Public Works Director Anthony
Antich dated February 16, 1988.
Action: To continue to the next meeting.
Motion Sheldon, second Creighton. So ordered.
A recess was called at 10:55 P.M.
The meeting reconvened at 11:05 P.M.
9. BALLOT MEASURES - SPECIAL MUNICIPAL ELECTION JUNE 7,
1988. Memorandum from City Attorney James P. Lough dat-
ed February 17, 1988.
A) 4% U.U.T. INCREASE EARMARKED FOR PURCHASE OF RAIL-
ROAD RIGHT-OF-WAY AND TERMINATED UPON DEBT
RETIREMENT.
B) BILTMORE PARK, CHANGED ONLY WITH A VOTE OF PEOPLE.
C) SALE OR TRADE OF BILTMORE SITE, HIGHEST AND BEST
USE, FOR PURCHASE OF RAILROAD RIGHT-OF-WAY.
Proposed Action: To table ballot measures A, B and C.
Motion Simpson, second Sheldon
Withdrawn by the both the maker and the second
Councilmember Williams suggested an amendment to Ballot
Measure A as follows:
"In the event that these funds are not needed for the
purchase of the railroad right-of-way, they are to be
used for the purchase of open space."
Councilmember Rosenberger suggested various deletions/
amendments regaring the remaining 6% of the tax.
The City Clerk read these changes into the record prior
to the vote.
9
Minutes 2-23-88
Action;• To approve the ballot measure wording, and
place on the June 7, 1988 ballot, ballot measure A "4%
U.U.T. INCREASE EARMARKED FOR PURCHASE OF RAILROAD
RIGHT-OF-WAY AND TERMINATED UPON DEBT RETIREMENT" with
the inclusion of the above changes, to be reviewed by
the City Attorney.
Motion Rosenberger, second Sheldon. So ordered.
Final,,ActiQn: To remove Ballot Measures B and C from
the June Ballot.
Motion Sheldon, second Mayor Simpson. So ordered noting
a NO vote by Creighton.
10. CALLING OF SPECIAL MUNICIPAL. ELECTION.- CONSOLIDATED
WITH COUNTY ELECTIONS JUNE 7, 1988.
A. RESOLUTIONS
1) Calling and giving notice of the holding of a
Special Municipal Election June 7, 1988.
Action Adopted Resolution No. 88-5111 enti-
tled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, JUNE 7, 1988, FOR THE SUBMISSION TO
THE QUALIFIED ELECTORS OF SAID CITY PROPOSED
ORDINANCES RELATING TO USE OF 4% OF THE UTILITY
USERS TAX FOR PURCHASE OF THE A.T.&S.F. RIGHT-
OF-WAY."
Motion Rosenberger, second Mayor Simpson. So
ordered.
2) Requesting Board of Supervisors to consolidate.
Action; To adopt Resolution No. 88-5112 enti-
tled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS=
ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION OF SAID CITY TO BE HELD ON JUNE 7,
1988, WITH THE STATEWIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE PURSUANT TO SECTION 23302 OF
THE ELECTION CODE."
Motion Rosenberger, second Creighton. So
ordered.
3) Authorizing certain members to file written
arguments and directing City Attorney to write
impartial analysis.
- 10 - • Minutes 2-23-88
Action: To adopt Resolution No. 88-5113 enti-
tled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING
CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGU-
MENTS REGARDING CITY MEASURES AND DIRECTING THE
CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS."
Motion Creighton, second Rosenberger. So
ordered.
Further.Action; The City Council declines to
author the argument.
Motion Creighton, second Rosenberger. So
ordered noting NO votes by Sheldon and Williams
4) Providing for the filing of rebuttal arguments.
Action: To adopt Resolution No. 88-5114 enti-
tied A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT THE SPECIAL MUNICIPAL
ELECTION TO BE HELD ON JUNE 7, 1988."
Motion Creighton, second Williams. So ordered.
B. BUDGET - SPECIAL MUNICIPAL ELECTION JUNE 7, 1988.
The City Clerk suggested deleting $2,400 from the
Registrar -Recorder estimated costs due to the
removal of two of the three proposed measures.
Action: To approve the budget as amended and au-
thorize transfer of $6,500 from Prospective Expen-
ditures into Elections Department.
Motion Creighton, second Simpson. So ordered.
Further Action: To adopt Resolution No. 88-5115
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COM-
PENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE
SPECIAL MUNICIPAL ELECTION OF JUNE 7, 1988."
Motion Creighton, second Williams. So ordered.
C. PLACEMENT OF MEASURES ON BALLOT (Action was no
longer necessary on this item.
11. MISCELLANEOUS ITEMS AND REPORTS -.CITY MANAGER
(a) Participation in Medal. of Valor Luncheon. ,Memorandum
'rom Acting City Manager Aiana M. Mastrian dated
February 17, 1988.
Action; The City of Hermosa Beach to participate in the
Medal of Valor Luncheon by purchasing a table at a cost
of $200.00, said funds to be appropriated from Prospec-
tive Expenditures.
- 11 - Minutes 2-23-88
Motion .Rosenberger, second Mayor Simpson. So ordered.
12. MISCELLANEOUS ITEMS AND REPORTS_- CITY,COUNCIL
(a) TomSullivan 10-K run, Sunday, March 13, 1988. Memoran-
dum From Acting City Manager Alana M. Mastrian datd
February 17, 1988.
Councilmembers Creighton and Sheldon offered contribu-
tions for sponsorship of Mayor Simpson in the "Mayor's
Challenge" portion of the Tom Sullivan 10-K Run.
Aotlon; To have staff contact the Chamber of Commerce
regarding sponsoring Mayor Simpson in the Tom Sullivan
10-K Run.
Motion Creighton, second Mayor Simpson. So ordered.
(b) Circulation element statusreport.,and proposed, goals and
policies workshop dates. Memorandum from Planning Di-
rector Michael Schubach dated February 16, 1988.
The City Manager's secretary, Laurie Duke, will coordi-
nate setting a workshop date.
(0) Appraisal of,_Biltmore.Site.
Proposed_¢gtion; To obtain an updated appraisal of the
Biltmore site based on all possible zoning.
Motion Williams, second Rosenberger. Councilmember
Rosenberger later withdrew the second.
Action: Direct staff to contact some real estate people
for input as to the fair market value of the Biltmore
site with both commercial and residential zoning.
Motion Creighton, second Sheldon. So ordered.
Mayor Simpson requested from the City Manager a
"ballpark" estimate of an MAI appraisal.
(d) Status, report,re, railroad. right-of-way.
Report was given earlier in the meeting under Actions
from Closed Session.
13. OTHER.MATTERS.-_CITY COUNCIL
Requests from Couneilmembers for possible future agenda items:
(a) Consid-ration o resoluti•n re. future Plannin: Commis -
4.2, on s
ommis-
sions to unmergerots
Proposed,Action: To instruct the City Attorney to
report back to the City Council regarding the unmergers
approved at the last Planning Commission and how any
further unmergers can come to City Council.
Motion Creighton - dies for lack of a second
- 12 -
Minutes 2-23-88
City Attorney Lough stated the report would address if
you can run those properties through the process again.
Cbuncilmember Sheldon would like to see any further
unmergers come to council, the previous unmergers looked
at, and the previously discussed 4 way test applied to
the question of merger and unmerger.
Final Aciorti. To ask the City Attorney to return with a
report regarding the subject of merger or unmerger of
lots.
Motion Creighton, second Rosenberger. So ordered.
(b) R.C.C. Contract -.Rosenberger
Councilmember Rosenberger asked for the expiration date
of the R.C.C. contract and that this item be put on a
future agenda. Requested council action regarding
rescinding the contracts.
(0) Fire_Hydrants- Rosenberger
Councilmember Rosenberger, in reference to a letter
from Howard Longacre, suggested giving the hydrants
back to the Water Company. City Manager Northcraft re-
ferred this matter to the Safety Director for comments
on a future agenda.
(d) Volleyball for Drug Free Education - Sheldon
Councilmember Sheldon announced the Second Annual
Drug Free Education Volleyball Tournament to be held
February 27 at 7:00 P.M. between Redondo and Mira Costa.
APPEARANCE OF. INTERESTED CITIZENS
Bob Fleck, 620 - 24th Place, spoke re the lot mergers and un -
mergers - asked Council to look closely at State Law and urged
clarification. City Manager will provide minutes of the Planning
Commission meeting to Mr. Fleck.
ADJOURNMENT
The Regular Meeting of the City Council of the City of Hermosa
Beach, California, adjourned on Wednesday, February 24, 1988 at
the hour of 12:40 A.M. to a Regular Meeting to be held on Tues-
day, March 8, 1988 at the hour of 7:30 P.M.
Deputy City Cierk
- 13 -
Minutes 2-23-88
r
February 29, 1988
HONORABLE MAYOR and MEMBERS OF THE Regular Meeting of
HERMOSA BEACH CITY COUNCIL March 8, 1988
STATUS REPORT ON CONDITIONAL USE PERMIT
ENFORCEMENT PROGRAM
RECOMMENDATION
To receive and file.
BACKGROUND
City Council has requested progress reports on all Conditional
Use Permit violations. Staff, is currently reinspecting all
violations for compliance. A full report shall be submitted at
the completion of this inventory.
Staff, however, has begun enforcing conditions on businesses with
major violations. These businesses include Casey's IZUSU and
Martha's. Both have been scheduled for revocation hearings.
STATUS
Staff memorandum's, reports, or violation letters have been
prepared for the following:
- Steve Wisniewski, Public Safety Director (Status of noise
measuring equipment)
Steve Wisniewski, Public Safety Director (Maximum occupancy
violations)
- Hermosa Beach Chamber of Commerce
- Jim Lough, City Attorney
- William Tedesco, IMAGES
- Robert Hoffman, MARTHA'S
- John Casement, Casey's IZUSU
1
(Copies of active
C.U.P. list and
initial inspection
report)
(List of alcohol
establishments
subject to the
amortization
ordinance)
(Violation notice)
(Violation notice)
(Notice of tenative
scheduling for
revocation hearing)
le
- Planning Commission
- City Council
- City Council
(C.U.P. infraction
process)
(Addition to C.U.P.
active list)
(C.U.P. standard
compliance letter)
Meeting and seminars attended by Planning staff
- Warren Tankersley, District Administrator
for A.B.C. (Discuss the
possibility of
coordinated C.U.P.
enforcement effort
and discuss ABC
standards)
(3 day training and
certification for
infraction issuance)
- Rio Hondo Police Academy
CONCUR:
Ar:
Mic ael Schu•ac
Planning Director
NOTED:
City Manager
2
Respectfully submitted,
Aex ex
Assistant Planner
E gm am gm s-- NM 1 NU all S NB— MN En UN IN r
CHILD ABU -E PROGRAMS AND SERVICES
IN THE
SOUTH BAY
Compiled by th
South Bay Coalition/ALIVEI
February 1988
111111 Sill 11111111 VIM SIMI 111.
MINI N N Ili O N r N I MI
This Directory is produced by the South Bay Coalition/ALIVE! Listing of programs does
not imply endorsement. If there are programs inadvertently omitted, no criticism is
intended.
Programs and services may change at any time. Agencies listed should be contacted for
latest information. General questions and comments may be directed to the South Bay
Coalition office.
The South Bay Coalition/ALIVEI is dedicated to breaking the generational cycle of
spouse, child and elder abuse by helping individuals and family find new ways to deal with
stress and conflict. Focusing on community education and prevention, ALIVEI provides the
following programs and services:
Beach Cities ALIVE!
Family Violence Council
San Pedro ALIVE! Council
Legal Aid for battered women
Educational conferences for human service professionals and the public
Resource and referral informations,
ALIVE! was formed in 1978. ALIVE' is a nonprofit organization supported entirely by
contributions from individuals, corpor te, and community friends.
ALIVE! Alternatives to Living In
Bard d Omraesa
1.400a Babb
Bi Cale
Toa Cooper
Doak COY
PahiW Omialm
Drama Flop
Dan" Gem
Nara/ Graarb
& mg. JaooOs
Mmervia
Deem Om
Jon Popp
Heather Saha
WdmM Saimaa
Roland Summa
Jany Tarlov
a Violent Environment!
South Bay Coalition/ALIVE!
320 Knob Hill
Redondo Beach, California 90277
(213) 372-9855
Ark ary Bead
Kay Conrad
Katy Oeiaeerr
Abraham Ooredeld
John Omermood
Ann Gino
Arm Malan
EacUM Olmaaor
Mary Camps
Caordinmak
Beach Ola AINEI
Marina Camps
an gm an am i r s r � IMO MI IIIII MIR In r MIMI 1111 s 1111111
To report suspected child abuse, call Los Angeles County Child Abuse Hotline. Ask operator
for ZE 2-1234.
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION &
EDUCATION
OTHER
California Child,
Youth, & Family
Coalition
2115 J St., #18
Sacramento, 95816
(916) 443-2711
Legislative advocacy
for children,
youth, & families
Statewide Runaway
Hotline:
800-843-5200
Children's Institute
International
Mary Emmons,
711 S. New Hampshire
Los Angeles 90005
(213) 385-5104
Emergency infant/
toddler shelter
Therapeutic day care
center & home based
Outpatient psycho-
social and support
services
Training for pro-
fessionals
responsible for
responding to
child sexual abuse
victims
Resource lending
library
Coastal Asian/
Pacific Mental
Health Program
(L.A. County Mental
Health)
Cecelia Walkup
14112 S. Kingsley
Ave.
Gardena, 90249
(213) 217-7312
Treatment for
individuals and
families
Children's groups
Outreach to
neighboring school
districts
Parenting classes
1
egg eigi egg geg gm SIR ON* 1111 11111 MOO ON 11111 1111 11111 11111 MI 11111 11111
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
Community Helpline
Nancy Lichina,
Executive Director
P.O. Box 2503
Palos Verdes, 90274
(213) 541-2525
Seminars for parents
on adolescent issues
Listening &
referral hotline --
special support for
latchkey children
24 hour hotline:
(213) 541-2525
El Nido Services
April L'Heureux
8111 Beverly Blvd.
Los Angeles 90048
(213) 674-0112
Prevention program
in Hawthorne,
Inglewood, Lennox,
El Segundo, Lawn -
dale, Hermosa Beach,
Manhattan Beach, and
Redondo Beach school
districts
Harbor/UCLA
Child Sexual Abuse
Crisis Center
Esther Gillies, Dir.
1000 W. Carson St.
Torrance 90509
(213) 533-3567
Medical diagnosis,
crisis intervention,
referral to local
agencies for
treatment
2
am an in a— r-- MN OM a NIS — _) — N M V ON
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
"Kids on the Block"
Marcy Soloman
P.O. Box 72
Hermosa Beach 90254
(213) 541-2601
Puppet presentations
on disabilities &
child abuse target
grade 3 in Manhattan
Beach, Hermosa Beach
& Redondo Beach
districts. Divorce
& drug abuse
programs for grades
5 & 6 available.
Los Angeles County
Child Sexual Abuse
Program
Pat Rivera, LCSW
5427 E. Whittier B1.
Los Angeles 90022
(213) 727-4087
Group therapy,
coordinated inter-
agency treatment
planning for
molested children,
siblings & parents:
Daughters & Sons
United (ages 12-17)
Parents United
English/Spanish
Professional con-
sultation
In-service training
for treatment
agencies
Networking
Training program for
volunteer therapists
Referral service
Manhattan Beach
School District
Sara Content
(213) 546-3488 x259
Paulette Wanamaker
(213) 546-3488
1501 Redondo Ave.
Manhattan Beach
90266
Personal Health &
Safety education
program
Family Life Educa-
tion for 5th thru
8th grades --skills
for self-protection
3
gam --- w. r III ON AO ON NO— r 1 i N r NB 11111
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
Parents Anonymous
Margaret Ready
Executive Director
7120 Franklin Ave.
Los Angeles, CA
90046
(213) 876-0933
800-352-0386
Self-help groups for
potentially abusive
parents --court and
self-referred
Training program for
sponsoring thera-
pists & agencies
Referral to
appropriate
agencies and/or
P.A. groups
Parents United
Pat Rivera, LCSW
Dept. of Children's
Services
5427 E. Whittier B1.
Los Angeles 90022
(213) 727-4087
Group therapy for
sexually offending
parents and/or non -
offending mothers of
incest victims in
specialized treat-
ment programs.
Child abuse report
required.
English/Spanish
Training program for
volunteers
Speaker's Bureau
Annual cdnference
Annonymous tele-
phone consultations
Redondo Beach
Community Resources
Pat Dreizler,
Director
320 Knob Hill
Redondo Beach 90277
(213) 372-1171
Referral service
4
m a op —11111 I M P MI W NM E — In MD IN all 1111111
AGENCY
CONTACT PERSON
TREATLENT
SERVICES
PREVENTION
& EDUCATION
OTHER
Redondo Beach Police
Dept.
Child Abuse Program
Wilma Kockheim
Crime Prevention
401 Diamond
Redondo Beach 90277
(213) 379-2477
Instruction on
personal safety for
Redondo Beach
students and others
upon request
Richstone Family
Center
Elaine Struhl, MFCC
Clinical Director
13620 Cordary Ave.
Hawthorne 90250
(213) 970-1921
Individual, family
group therapy for
sexual & physical
abuse & child
neglect
Parent groups
Latency age groups
for molested
children
& Prevention programs:
After-school drop-in
care, Tues. & Thurs.
Spanish speaking
counselors
Torrance & Palos
Verdes school
districts
Professional
consultation
Educational Forums
Salvation Army
Family Services
Nancy Rueschenberg,
Ph.D.
710 Pier Ave., Rm. 3
Hermosa Beach 90254
(213) 318-2364
Individual & family
therapy
5
EN an i gm r IN MN MN all MN e--- N!— S
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
South Bay Center for
Counseling
• Child Abuse
Diagnostic &
Treatment Program
Barney Bartlett,
LCSW, Director
2617 Bell Ave.
Manhattan Beach
90266
(213) 545-6575
• Connections for
Children
Mary Hammer
So. Bay represen-
tative
(213) 546-4585
Diagnosis & treat-
ment of child sexual
abuse
Group counseling:
Parents, pre-
schoolers
Therapeutic day-
care
Treatment for youth
& adult offenders
Spanish available
Consultation for
preschool profes-
sionals .
CLOUT --legislature
advocacy
Child Development
Center for high-
risk children
On-site school
counselor, Manhattan
Beach
Training for family
day-care & day-care
centers
Stop by centers:
Hermosa Beach:
North School
Resource & refer-
rals
South Bay Center for
Prevention of Child
Abuse
Georgann Bruce
1926 S. Pacific
Coast Hwy., Ste. 223
Redondo Beach, CA
90277
(213) 540-6001
Matches trained
volunteers with
families with child
abuse problems or
who are at risk
6
-- gm gm MI r- --- N E N E NM i S
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
South Bay Child
Guidance & So. Bay
Children's Health
Center
Frank Masi, Director
410 Comino Real
Redondo Beach 90277
(213) 316-1212
Treatment for
individuals &
families
Dental, hearing &
vision screenings
Therapeutic day-care
to mainstream
special ed. students
South Bay Coalition/
ALIVE!
Mary Castagna
Executive Director
320 Knob Hill
Redondo Beach 90277
(213) 372-9855
Professional
networking &
education
Presentations on
family dynamics &
positive communi-
cations for groups
of all ages
Quarterly news-
letter--ALIVEI
Resource library
Referrals
Family Violence
Council
Crisis resource
information
7
i i i i i i i i i i i i i i i i i
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
•
PREVENTION
& EDUCATION
OTHER
South Bay Juvenile
Diversion Project
Dan Smith
320 Knob Hill
Redondo Beach 90277
(213) 372-7724
Crisis intervention:
youth through 17
Assessment &
referral
Counseling &
referral for youth
referred by school,
parent or law
enforcement
Counseling for youth
sex offenders
Tutoring
Victim -Witness
Assistance Program
Carol Anderson
District Attorney's
Office
825 Maple
Torrance 90501
(213) 533-3599
State restitution
funds for victims &
witnesses of
violent crimes
Court escort
service
8
+m mg i gm i i i i i i — N — i i i i
AGENCY
CONTACT PERSON
TREATMENT
SERVICES
PREVENTION
& EDUCATION
OTHER
1736 Family Crisis
Center
John Peel
1736 Monterey
Hermosa Beach 90254
(213) 372-5843
or 372-4674
Emergency shelters:
6 beds for youth 10- schools
17 for two weeks
Presentations to
6 beds for battered
women (5 children's
beds) for 28 days
Second Step housing
for battered women
up to six months
General outpatient
counseling
24 hour hotline:
(213) 379-3620
9
February 25, 1988
Honorable Mayor and Members City Council Meeting of
of the City Council March 8, 1988
ASSIGNMENT OF AGREEMENT
TO PROCESS OUT-OF-STATE PARKING CITATIONS
FROM VERTICAL MANAGEMENT TO COMPUTIL
Recommendation:
It is recommended that the City Council (1) approve the attached
Agreement, assigning the contract with Vertical Management to
process our out-of-state parking citations, to Computil, (2)
approve the attached Consent to Release and (3) authorize the
City Manager to sign said documents.
Background:
At your regularly scheduled meeting of September 10, 1985, the
City Council approved an agreement with Vertical Management
System to process our out-of-state parking citations.
It was brought to the attention of the City Council, at that
time, that the City had no method of pursuing delinquent parking
citations that are issued to out-of-state vehicles. VMS provided
us with a mechanism for collection of these oustanding citations
since they processed same for several cities and could afford to
interface with DMV's from other states. Recently, the city was
notified that VMS was selling this portion of their business to
Computil.
At your regularly scheduled meeting of January 12, 1988, the City
Council authorized the acceptance of a Liability Settlement Plan
as outlined by Computil (see attached background material).
Analysis:
During our affiliation with VMS, we had submitted to them an
average of 100 outstanding out-of-state citations, per month, for.
collection. Our collection rate has been approximately 25%.
There is no cost to the city, since the processing agency works
on a commission basis, receiving 32% of revenues collected
through their efforts. Net revenue to the city has been
approximately $6,000.
- 1 -
Recognizing that prior to our agreement with VMS, the revenue on
outstanding out-of-state citations was uncollectable by the city,
it would seem prudent to continue this type of arrangement with
Computil.
Jean Noon
General Services Director
Concur: ✓'Y "r-
Kevin
r_
Kevin B. Northcraft
City Manager
Concur:
es Loug
y Attorney
2
Noted for fiscal impact:
ek:keegireet-xec)
Viki Copeland
Finance Administrator
COMPUTIL
CORPORATION A Subsidiary of NUI Corporation
February 8, 1988
Ms. Joan Noon:
General Service Manager
Civic Center
Hermosa Beach, CA 90254
RE: Consent to Assignment and Modifications Agreement for Processing
Parking Violations.
Dear Ms. Noon:
Enclosed please find two (2) copies of the above referenced document. I
am requesting that you review and execute this document on pages 11, 13,
and 15. Please return one copy to my attention at the address listed on
this letterhead.
Should you have any questions with regards to the enclosed agreement,
please contact me at 1-800-221-1725. Additionally, you may contact Mr.
Bruce C. Fishelman, legal counsel for Computil Corporation, at
213-476-4700.
Thank -you for your patience and cooperation in this matter. We at
Computil Corporation look forward to the assignment of your contract.
Sincerely,
Mark A. Fab(�Xiy
Assistant to the President
and Chief Executive Officer
Encl.
1040 ROUTE 46• CLIFTON, NEW JERSEY 07013 • NJ 1-800-334-0771. OUTSIDE N. J.1-800-2211725
FAX 201-470-0028
1
COMPuTIL
CORPORATION A Subsidiary of NUI Corporation
Alfonso J. Izzl
PRESIDENT & CHIEF EXECUTIVE OFFICER
Ms. Joan Noon
General Service Manager
Civic Center
Hermosa Beach, CA 90254
Dear Ms. Noon:
Subject: Acquisition of VMS's Parking Citation Business
February 16, 1988
I am delighted to report to you that effective February 12, 1988, Computil
Corporation and Vertical Management Systems of Huntington Beach have signed
the necessary documents to complete the acquisition of VMS's parking citation
business. Therefore, effective immediately, Computil Corporation is now respon-
sible for all parking citation activities emanating from the Huntington Beach
and San Jose offices (previously VMS locations). All of the processing will,
in effect, be under the responsibility of West Computil Corporation, a
fully -owned subsidiary of Computil Corporation of Clifton, New Jersey. By
structuring our corporation in this manner, we are now making available to
you a wide range of products and services that we have nurtured and refined
over fifteen years of experience in the parking citation business.
I know it has been quite a few months since we started this process, and
I have appreciated your patience and understanding. Fortunately, all of that
is behind us and we are ready to move forward. The first matter at hand is
the signing of the contracts which you have in your possession or will have
by the end of this week. For those cities that are owed money by VMS, we have
forwarded you a copy of the contract and the associated repayment plan. As
soon as you execute the contract and return it to my office, we will begin
the release of funds per our agreed up -front payment to each municipality.
Also, as part of my agreement with VMS, we have assumed the liabilities
from November 1, pertaining to those cities which have had VMS continue to
deposit funds into the VMS account. As soon as we complete the formalizatiow
of the contract, we will begin releasing the reps. Is and the associated payments
for those deposits which were made on behalf of your city. I know I can count
on your cooperation. We've been through some difficult times, and we want
to continue processing and offering you some enhancements and improvements
to the current system.
1040 ROUTE 46•CUFTON, NEW JERSEY 07013 • NJ 1-800.334-0771.OUTSIDE N. J.1- 80 0-221-1725
FAX 201-470-0028
COMPUTIL
If you have not received the contract by now, please contact me or Mark
Fabiny at 1-800-221-1725. I should mention that we have since the beginning
of December been operating the VMS facility in a management overview capacity.
As a result, this opportunity has given us a head start on bringing all the
processing up to date, and very shortly you should start seeing an improvement
in your service and many of the reports which have not been sent to you will
be on the way as quickly as possible.
I would ask during this transition period you give us an opportunity to
work and correct whatever problems you may have. We will be beefing up the
operation with additional staff, and I think you will find our service second
to none in the industry. Of course, behind West Computil is Computil
Corporation. In combining the activities on the West Coast, we have over 225
cities nationwide -- the most cities of any service organization in the parking
industry today.
Again, I appreciate your patience and your assistance, and hopefully we
can get our contracts signed and the money to you as quickly as possible.
If you encounter any difficulties, please call me, as I4am sure we both want
to conclude this matter as quickly as possible.
AJI:JEB
Very
Alfon
.Presiders
Chief E
Officer
CONSENT io ASSIGNMENT
AND MODIFICATIONS AGREEMENT FOR
PROCESSING PARKING CITATIONS
This CONSENT TO ASSIGNMENT AND I4DDIFICATIONS OF AGREEMENT FOR PROCESSING
PARKING CITATIONS ('The "Agreement") is made and entered into in duplicate original
as of the day of , 1988 by and between
AMERICAN PARING MANAGEMENT CORP.
a California Corp. doing business as
Vertica]. Management Systems, Inc.
18700 BEACH BOULEVARD
HUNI'INGTON BEACH, CA 92648
(hereinafter sometimes referred to as "ASSIGNOR")
AND -
CITY OF HESA BEACH
Civic Center, 1315 Valley Drive
Hermosa Beach, CA 90254
(hereinafter sometimes referred to as "PUBLIC ENTITY")
COTTIL CORPORATION
1040 Route 46
Clifton, New Jersey 07013
(hereinafter sometimes referred to as "ASSIGNEE")
WHEREAS, Assignor and Public Entity entered into an agreement dated September
17, 1985 for the processing of parking citations issued by the Public Entity, a copy
of which is attached as Exhibit "1", (hereinafter the "Processing Agreement"),
WHEREAS, Assignor desires to assign all of its right, title and interest in the
Processing Agreement and certain of its obligations and liabilities under the
Processing Agreement to Assignee and Assignee desires to ass'Umie all of Assignor's
right, title and interest in and certain of its obligations and liabilities under
the Processing Agreement,
1
AND -
WHEREAS, this Agreement is made pursuant to that certain Agreement of Purchase
and Sale of Assets dated December 10, 1987 between Assignor and Assignee,
(hereinafter the "Purchase Agreement"),
AND -
WHEREAS, The Public Entity wishes to approve the assignment of the Processing
Agreement to Assignee, upon its terns and conditions arra upon such further terms,
conditions and modifications as are hereinafter set forth,
AND -
WHEREAS, as an inducement and additional consideration for Assignee to enter
this Agreement, the Public Entity desires to release Assignee from all claims
arising prior to November 1, 1987,
_AND -
WHEREAS, Assignor desires to make payment in full to the Public Entity of all
sums due to it under the Processing Agreement as of October 31, 1987,
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged by all parties, the parties agree as follows:
1. Incorporation: The Processing Agreement is incorporated herein as Exhibit
"1". Except as herein specifically altered or modified expressly or by direct
contextual implication, the terns and conditions of such Processing Agreement shall
control.
2. Modifications: It is agreed between the parties that the terms of Mbit
"1" shall be modified as follows:
A. Term• The Public Entity agrees to an assignment of the contract as
modified for a period ending on September 17, 1989.
B. Deposit of Funds: The Assignee shall (1) continue to deposit funds in
accordance with the procedures presently established between Assignor and Public
Entity or (2) Assignee shall utilize a "direct deposit" arrangement with a banking
institution mutually selected by the Public Entity and Assignee and appropriately
insured by the FDIC. In either case, all monies on deposit from the payment of
parking citiation fines and fees collected within a particular calendar month shall
be disbursed within the first twenty (20) working days of the next calendar month.
C. Payment for Services: The current Processing Agreement between
Assignor and Public Entity shall be amended to reflect the following processing
costs:
32% for out-of-state collections
This modified price structure shall be guaranteed through September 17, 1989, at
which time it will be reevaluated by Assignee in discussion with Public Entity.
This modification shall supplement and supersede all contrary terms of the
Processing Agreement, most particularly those terms set forth in Paragraph(s) 1.b.
D. Cancellation: In recognition of the fact that the parties desire to
establish a mutually beneficial and economically stable working relationship, it is
hereby agreed that, except for termination for good cause, the Public Entity shall
not terminate this Agreement on a date earlier than September 17, 1989. Where Public
Entity shall have good cause for germination, due to material defect in performance
or material breach of obligations by Assignee, the Public Entity shall be free to
terminate the Processing Agreement after giving fair notice to Assignee, at the
addresses set forth in Paragraph E below, of the specific grounds for termination,
by certified mail, return receipt requested. Following receipt of such notice by
Assignee, Assignee shall have a period of thirty (30) days in which to cure such
material defect or breach. If such material defect or breach is thereafter cured,
the Agreement shall remain in full force.and effect. If such material defect or
breach shall not hereafter be timely cured, the Agreement shall be terminated. The
teems and conditions set forth in the Processing Agreement, and particularly
Paragraphs) 5 of the Processing Agreement, are hereby amended.
E. Notices to Parties: Any notice required under the Processing
Agreement, as modified, to be given to either party shall be given by depositing -
same in the United States mail, postage prepaid, certified mail, return receipt
requested, to the addresses set forth below. Alternatively, the parties may satisfy
such notice requirement by utilizing personal service, telegraph or a similar
- 4 -
communication service by which evidence of personal receipt by the notified party is
established. In the case of the Public Entity, notice shall be to:
CITY OF FiE8N06A BEACH
Civic Center, 1315 Valley Drive
Hermosa Beach, CA 90254-3885
ATTENTION OF:
or to such other address or addresses as the Public Entity shall hereafter
reasonably request in writing. In the case of Assignee, notice shall be to:
CCMPUTIL CXRPORATION
1040 Route 46
Clifton, New Jersey 07103
ATTENTION OF: Alfonso J. Izzi, President and Chief Executive Officer
with a courtesy copy sent to:
Bruce C. Fishelman
9200 Sunset Boulevard
Suite 930
Ips Angeles, California 90069
or to such other address or addresses as Assignee shall hereafter reasonably request
in writing.
F. Assignment; This Agreement may be assigned by conpitil Corporation to
a corporation owned or controlled by it or its parent, NUI.
- 5 -
G. Standard of Good Faith: Assignee and Public Entity agree to be bound
by standards of good faith in all aspects or the Processing Agreement. The parties
hereto acknowledge that no improper or illegal inducements have been ordered or paid
by any representative of the parties hereto in order to consummate or implement any
of the terms hereof, nor will any such improper or illegal inducements be offered or
paid in the future relating to any aspect of the Processing Agreement.
H. Accounts Payable By Public Entity: All current accounts payable under
the terms of the Processing Agreement shall be paid to Co putil Corporation in full
within thirty (30) days of the acceptance of this Agreement.
3. Outstanding Assignor liability to the Public Entity: The parties hereto
acknowledge and agree that the outstanding liability to the Public Entity, as of
October 31, 1987, was $10,509.00. It is understood that the amount of the liability
as of October 31, 1987 has been obtained by Assignee following its request for a
review of specified available records by its accountant, Arthur Andersen & Co. In
this regard, it is acknowledged and agreed that neither Assignee nor Arthur Andersen
& Co., nor any other of their respective agents or employees were the actual,
implied, legal or virtual representatives of the Public Entity in the review of the
outstanding Assignor liability. The Public Entity specifically acknowledges that it
has had a right to inspect Assignor books and records pursuant to Paragraph(s) 2.F
of the Processing Agreement, and has either availed itself of such right or has
elected to forego such inspection in establishing the amount of liability as
contemplated by this paragraph.
- 6 -
Payment of Outstandinct Liability by Assignee: Upon the Effective Date of
this Agreement, as defined herein, Assignee shall pay to the Public Entity the
amount of $5,255.00, which amount is the full amount of Assignee's liability to the
Public Entity as agreed upon by Assignee and Public Entity through Exhibit "2"
incorporated herein by reference as if set forth fully. As a result, the Public
Entity accepts that amount set forth in Exhibit "2" as the complete and total amount
due and payable by Assignee, as condition of the Public Entity's consent to the
assignment or the Processing Agreement, as modified, to Assignee. In so doing, the
Public Entity and its agents, Assignee and/or successors -in -interest shall make no
claim against Assignee for any amount of past due liabilities relating to the
Processing Agreement in excess of the amounts established pursuant to this
paragraph, the payment of which amount shall be deemed an accord and satisfaction.
Payment of Outstanding Liability by Assignor: Upon the Effective Date of
this Agreement, Assignor shall deliver two (2) promissory notes to Entity, one (1)
note to be guaranteed by Arnold E. Spiro and one (1) note to be guaranteed by Carter
C. Green. The two (2) notes will total Five Thousand Six Hundred Twenty Two Dollars
($5,622.00) and be in the form attached hereto as Exhibit "5" and incorporated
herein by this reference.
4. Conditions and Contingencies: It is acknowledged and understood that this
Agreement is conditional and shall become finally effective only upon the final
closing of the Purchase Agreement, which is herein referred to as the "Effective
Date".
5. Acknowledgment of Legal Authority: All parties hereto stipulate and
acknowledge that their respective governing Boards and legal counsel have duly
approved the terms and conditions set forth herein.
6. Assignment: Assignor warrants that it has not made any prior assignment of
its interest in the processing Agreement and now hereby assigns all of its right,
title and interest in the Processing Agre ment as modified herein to Assignee as of
the Effective Date. Assignor also assigns all of its obligations and liabilities
under the Processing Agreement to Assignee, except as set forth in Assignor's
required payments in Exhibit "2"; provided however that Public Entity shall and does
hereby release Assignee and its officers, directors, shareholders and agents from
all claims; (except for payments due for collections made subsequent to November 1,
1987) upon Assignee's payment to the Public Entity on behalf of the obligations owed
by the Assignor in the amount of $5,255.00 as set forth in Exhibit "2". A form of
Release of Assignee is attached hereto as Exhibit "3", and is incorporated by this
reference. It is further understood that the Public Entity shall release the
Assignor and all of its officers, directors, shareholders and agents fio►u all claims
except for $5,622.00 as further set forth in Exhibit "2" and shall issue a release
in the form attached hereto as Exhibit "4" incorporated herein.
7. Assumption: Assignee, having read the Processing Agreement, accepts the
foregoing assignment and assumes all of the obligation of Assignor under the
Processing Agreement, except as set forth in Exhibit "2", and agrees to be bound by
the terms of the Processing Agreement as modified as of the Effective Date; provided
however that the Public Entity shall release the Assignee as set forth above and
herein.
8. Indemnity: Assignee shall and does indemnify and hold harmless Assignor
and all if its employees, partners (and their subsidiaries,.parents and affiliates),
shareholders, officers, directors, attorneys, Assignees, transferees and affiliates
• of Assignor against liability, claim, actions or demands against them or any of
them arising out of or in anyway connected with Assignor's obligations under the
Processing Agreement, which obligations arise after the Effective date of this
Agreement.
Assignor shall and does indemnify and hold harmless Assignee and all of its
employees, partners (and their subsidiaries, parents and affiliates), shareholders,
officers, directors, attorneys, assignees, transferees and affiliates of Assignee
against all liability, claim, actions or demands against them or any of them
arising out of or in anyway connected with Assignor's obligations under the
Processing Agreement, which obligations arose prior to November 1, 1987.
9. General Provisions
9.1 Agreement: This Agreement shall be binding upon and shall inure to the
benefit of Assignor, Assignee and Public Entity and their respective
representatives, successors and assigns. No Party shall have the right to assign
this Agreement or any interest, right or obligation under this Agreement without
obtaining the prior written consent of the other parties, except that Assignee may
assign its right and obligations under this Agreement to an entity substantially
owned and controlled by Assignee or its parent NUI, upon written notice to Assignor
and Public Entity.
9.2 Governing Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action to interpret or
enforce this Agreement shall be solely brought in the State of California.
9
• 9.3 Modifications: Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each
instance signed on behalf of each party.
9.4 Severability: If any term, provision, condition or covenant of this
Agreement or its application to any party or circumstances shall be held, to any
extent, invalid or unenforceable, the remainder of this Agreement, or the
application of the teen, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or
unenforceable, shall not be affected, and shall be valid and enforceable to the
fullest extent permitted by law.
9.5 Merger of Prior Agreements and Understandings: This Agreement contains the
entire understanding between the parties relating to the transaction contemplated by
this Agreement. All prior contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and
shall be of no further force or effect; provided, however, that nothing herein shall
be construed to curtail or denigrate the effect of the Purchase Agreement between
Assignor and Assignee.
9.6 Attorneys' Fees: In the event of any action arising out of or connected
with this Agreement, the prevailing party shall be entitled to recover its
reasonable attorneys' fees.
9.7 Additional Documents: The parties agree to sign any additional documents
and to take any additional action as maybe reasonably required to effectuate this
Agreement.
-10-
IN WITNESS WHEREOF THE PARTIES ENTER THIS AGREEMENT, AS OF THE DATE FIRST
ABOVE WRITTEN.
"ASSIGNOR"
AMERICAN PARKOZMNAGEMENT CORP.
d/b/a/ VERTICAL MANAGEMENT SYSTEMS, INC.
BY:
PRESIDENT
VICE-PRESIDENT
ATTEST:
CLERK, CITY OF HIEMSA BEACH
EXHIBIT "1"
PRIOR CONTRACT OR AGREEMENT '10 BE ATTACHED
AGREEMENT
This Agreement is made by the City of Hermosa Beach, a municipal
corporation, herein called "City" and Vertical Management Sys -
terns, -a California corporation with offices at Huntington Beach,
California, herein referred to as "VMS".
RECITALS
City desires to acquire the services of VMS to collect delin-
quent parking citations issued to vehicles registered out -of -
state.
•
•
B:-r'1/141s,14 ready, willing and able to provide such 'services as
set°forth in their Proposal.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligations of the parties as herein expressed, City and VMS
agree as follows:
t .shall do the following:
•
a. -Assign to VMS within forty-five (45) days after is-
'-"suance, various past due parking citations issued to
'.out-of-state vehicles with available information. This.
-LP information shall be on computer tape, and printout and
will include the vehicle license plate number, make of
vehicles, citation number, and the fee amount due.
.,
vit*utc'.-
• ' • . •
- e
•
; . .• •
• 1.•". •Is;V::•:,•.414y2; *
• 7.AL. Z, •
VMS the sum of thirty-two (32) percent as commission
•
op all moneys collected by VMS for services provided
•
.under the terms of this Agreement. This commission will
. 44... not be payable on payments remitted directly to the City
five (5) days after assignment of the citations
to VMS., ,
Teekc The Finance Administrator shall inform VMS of any direct
-
remittances made to City on accounts assigned to VMS as
• •-• .
..,0*..„:„ • -,a,result of data processed by VMS. Such remittances
•
1W; -
f . shall be treated as collected by VMS which shall be en-
titled to its commission therefore as set forth in sub-
paragraph (b) above, and City shall ,remit said commis -
on zflonthly.
.•
•
—4CA.V.14:7;Fii` f •
;•-4.4,,,,it,mx .
• • VMS phall do the following:
."-'7*- • •!. • _
AV, • ..4
• • ,
port and remit to the Finance Administrator not later
•
than the /5th day of each month on citation fees col-
leted during the previous month, identifying each cita-
4Vit;:. 'N4,
r, jer.• ending balance. These reports are to be submitted on-
-- -L. magnetic tape with a check accompanying the tape. The
• magnetic tape and the check must balance to each other.
• Accept for processing and collection all out-of-state
• •
parking citations assigned to it by City.
tion and the amount collected thereon with beginning and
Failure to correctly report and remit each month shall
- be cause for termination of the contract.
2
,Report to the Finance Administrator all citations deemed
y :it to be uncollectible with all data pertaining
ereto within 360 days from the date of the last col-
'iection notice. Return all citations for which court
•
Appearances are requested. Such items shall be reassig-
ned to City and VMS shall not be entitled to a commis-
sion for any sum thereafter collected upon such
citations.
llssignee, VMS shall have a right to bring or maintain
•
y action in its own name upon any assigned citation
,and may employ a licensed attorney to invoke legal pro-
ssin the collection of these citations. No compensa-
•
'op shall be paid by City for the services of any at-
orney nor shall any attorney so employed by VMS be
deemed to represent City. VMS must also pay any court
costs or process service fees incurred.
.- -Furnish a bond in the sum of $2,500 payable to City and
ecuted by a corporate surety licensed to do business
,,14Z;'4 this state for the faithful performance of the terms
and conditions of this Agreement and the assignments of
citations made thereunder.
•
•. Permit the City Auditor to examine the records, books,
.and other data. in its possession pertaining to the col-
lection of citations assigned under the terms of this
Agreement without advance notice.
3
40.
.- contractors and
444 ; •
-
visions in this
• ,
, s •
. . .
. •
not agents of City hereunder. Any pro -
Agreement that may appear to give City
,the right to direct VMS and VMS's employees as to the
-details of doing the work or to exercise a.measure of
- control over the work mean that VMS shall follow the
. direction of the City Manager as to end results of the
• „work only.
•
h.. VMS shall not
• • •
to. become due
written consent.
• ;
assign this Agreement
hereunder
or any moneys due or
without the City Manager's prior
Any assignment by VMS without City's
M4nager's prior written approval
„s•A'::,!!ari.!,tion '6f
In no event
"
.-tvieen any
shall be cause
for ter -
this Agreement at the sole option of .City.
shall
any contractual relation be created
third party and City.
i.. 1In the event that suit is brought upon this Agreement to
,. .
enforce is terms,.the prevailing party shall be enti-
. .
';••:.j''-'z'ttled to a reasonable sum as attorney's fees.
•„:i••:•::12
"•41-417%
••• Zi):-45:44*.A=5
4*V-''VMSshall provide for VMS's employees such amounts of
Compensation Insurance as may be required by
Workers'
.+aw.
VMS -agrees to indemnify
and save City and its agents and
employees harmless from any and all liability, claims,
damages or injuries to any person, including injury to
VMS's employees and all claims which arise from or are
connected with the negligent performance of or failure
4
o'perform the work or other obligations of this Agree -
pent, or are caused or claimed to be caused by the
:negligent acts of VMS, VMS's agents or employees, and
all expenses of investigating and defending against
same; provided, however, that this indemnification and
=hold harmless shall not include any claim arising from
•
'--
the sole negligence or willful misconduct of City, its
dents or employees. VMS agrees to name City as an ad -
L•
itional insured on their policy of professional
liability
thesame.
tr ;
iL_
•
VMS shall agree that any advertisements r•
insurance and provide a cerificate to indicate
Dollar amount of coverage will be $500,000.
eferring to The
City of Hermosa Beach as a user of the service provided
!i c.
=by VMS will require prior written approval of the City
,Akid"r�, .. .
;F Manager.
-:.VMS will comply with the objective of the City's Affir-
:.:.mative Action Program for Vendors as set forth in Docu-
t•No. 746204 recorded with the City Clerk.
J: «'!'•`t'"i'�.•'.
3 .. Service Charged .
VMS .shall not add service charge or any other additional
fees; collection notices must include only the amount due as
assigned by City. Exception: A $10.00 service charge pay-
.
' able to VMS for "Non -Sufficient Funds", "Account Closed", or
"Stop Payment" on a defendant's check.
s
shall retain thirty-two (32) percent of all remittances
`:,m ; _ received nas a result of the services performed for the City
as ;payment under the terms of this agreement.
Termination.
t,. is agreed that this contract may be terminated at any time
y:either .party, either with or without cause, by the giving
,a thirty (30) day written notice of intention to terminate
44 Agreement shall -be and remain enforce for a period of
one_;(] year from date hereof unless sooner terminated by
iving thirty (30) days written notice as aforesaid, but
nothing herein contained shall prevent the extension of this
_::Agreement by the mutual consent of both parties. Upon the
ition of this Agreement or any extension thereof, all
-citations shall -be reassigned to City within six (6) months
whether or not in process of collection.
Notice.
:Any: notice or other communication between the parties hereto
.. :..shall be sufficiently given if sent by certified or regis-
tered mail, postage prepaid.
• ;,
6
•.1,—:
IW WITNESS WHEREOF, this Agreement is executed by The City of
Hermosa Beach . this jet day of , 192. -acting by
•
:'and thtough its City Manager pursuant to Resolution No.
authorizing such execution, and by Vertical Management
•
CITY OF HERMOSA BEACH
By
Title
/2fk7 Tiggyk
ct-ni 144,4446
VERTICAL MANAGEMENT SYSTEMS
By 4)1#1
Title (// ( / (g2G(0/d)•'_ f , )
-I HEREBY APPROVE the form of the foregoing Agreement this /7ze
day of -k 197".
7
11 ES LOUGH ttorney
lqk
i
0
By
ty A torney
EXHIBIT "2"
COPY OF LEITER SEur ON/ABOUT NOVEMBER 25, 1987
TO BE ATTACHED, SETTING FORTH
UABI TTTF`_R
COMFTIL
CORPORATION A Subsidiary of NUI Corporatioc
Alfonso J. 1=1
PRESIDENT & CHIEF EXECUTIVE OFFICER
Ms. Joan Noon
General Service Manager
Civic Center
Hermosa Beach, CA 90254
Dear Ms. Noon:
JAN 19 1888
Subject: Municipality Liability Settlement Plan --
November 25, 1987
Hermosa Beach
Computil signed a Letter of Intent with VMS to purchase the VMS assets
associated with their parking citation business. This Letter of Intent will
be used to draw up the final contract which is scheduled to be signed on or
before December 1, 1987.
In order for the final contract to be signed, several issues must be
resolved, including but not limited to:
o Computil must obtain assignment of VMS contracts to the extent
the total dollar value of the assigned contracts_ equals 80
percent of VMS's present revenue base.
o Acceptance of the liability settlement plan.
o Resolution of outstanding legal matters.
The liabilities (as identified by Arthur Andersen's review for Computil
only and not to be construed as your representative agent) owed to your
municipality by VMS up to and including October 31, 1987, are as follows:
Citation $ 10,509
DMV
Jail/Court
Total Liability $ 10,509
The following is Computil's and VMS's proposal (assuming Computil's revenue
goals are met) to reach a settlement for outstanding VMS liabilities.
1040 ROUTE 48 -CLIFTON. NEW JERSEY 07013 • NJ 1-800-334-0771. OUTSIDE N. J.1-800-221.1725
FAX 201-470-0028
CO1NPUTIL
0
-2-
Contracts be assigned to Computil for one year and/or a term
to be mutually agreed upon between municipality and Computil.
Computil's price per citation is $ Computil's percentage
for out-of-state collections is 32 percent. All prices
are effective upon the assignment date of contract to Computil.
° Upon the signing of the contract between Computil and the munici-
pality, Computil will immediately pay 50 percent of VMS's
citation liability or $ 5,255 ... N/A percent of VMS's
DMV liabilities, or $ N/A and N/A percent of VMS's
Jail and Court fund liabilities, or $ N/A .
The remaining VMS liability less Computil's up -front payment is $5 254
VMS will pay this amount to your municipality plus 7 percent simple interest
quarterly over a ten-year period with a final payment to be made no later than
September 30th in the eleventh year.
Therefore, the settlement plan for all monies owed by VMS up to and includ-
ing October 31, 1987, is summarized below:
Category
Citation
DMV
Jail/Court
TOTAL
Add Simple Interest @ 7%
TOTAL REMAINING LIABILITY
VMS
Liability
$10.509
$10.509
VMS remaining liability, $ 5.622 will
of $ 97 for each quarter for a total of
payment in the eleventh year of $ 1,742
$ 97 x 40 = $ 3,880 plus eleventh year
the total VMS remaining liability.
Computil's
Up -Front
Payment
VMS
Remaining
Liability
$5,255 $5,254
$5,255 $5,254
368
$5,622
be paid quarterly at the rate
forty (40) quarters with a final
Recap: Quarterly payments
payment 1,742 = $ 5,622
VMS quarterly payments will begin ninety days from the effective date
of the signing of the repayment contract between VMS and your municipality.
Both offers for repayment are presented as one settlement schedule and
cannot be selected individually; that is, accept Computil's terms and reject
VMS's terms.
-3-
COMPUTIL
In order. to expedite this process, we need to know if you accept this
proposal and thereby agree to assign your contract to Computil. Please keep
in mind that Computil must obtain 80 percent of the existing VMS revenue base
for us to satisfy our acquisition requirements. Please indicate your decision,
and return a copy of this proposal to me as soon as possible.
Accept: 1-12-88
Name:
Title:
Signature:
Etta Simpson
Reject:
If you accept our proposal, we will initiate the contractual/assignment
process. I have no objection to your attorney drafting a contract between
Computil and your municipality. VMS will be responsible for working out the
contract details as it pertains to their repayment plan. The contract between
your municipality and Computil should address our services and Computil's partial
payment of VMS liabilities to the extent identified in this proposal.
I look forward to your favorable acceptanc- of the proposal, and I.am
very anxious to begin serving your municipality.
AJI:JEB
Al Izzi
Presi•- and
Chief cutive Officer
EXHIBIT "3"
ODNSENT TO RELEASE
This RELEASE is made and entered into as of the day of
19 by and between
CITY OF HSA BEACH
Civic Center, 1315 Valley Drive
Hermosa Beach, CA 90254
(HEREINAFTER SOMETIMES REFERRED TO AS "PUBLIC ENTITY")
AND--
OOMPUTIL CORPORATION
1040 Route 46
Clifton, New Jersey 07013
(HEREINAFTER SOMErn s REFERRED TO AS "ASSIGNEE")
WHEREAS, an Agreement between the Public Entity and VMS was entered on or about
September 17, 1985, (hereinafter the "Processing Agreement"); and,
WHEREAS, an understanding was reached between Public Entity and Assignee
regarding the repayment by Assignee of a specified limited amount of money due under
the terms of said Agreement; and
WHEREAS, Assignee has made payment in full to Public Entity of all such monies
required to be paid by it,
Now, therefore, the Public Entity for itself and any successors and assigns
hereby releases and discharges Assignee or any company owned or controlled by it or
its parent NUI, and their agents, attorneys, officers, directors, shareholders,
employees, partners and spouses and each of them, jointly and severally LLOut all
obligations under the Processing Agreement. Further, the Public Entity for itself
and any successors and directors, shareholders, employ, partners and spouses, and
each of them, jointly and severally releases Assignee or any company owned or
controlled by it or its parent NUI and their respective agents, officers, directors,
shareholders, employees, partners, and spouses, and each of them jointly and
severally (collectively referred to as the "Released Parties"), of and frown all
rights, claims, demands, damages, debts, liens, liabilities, losses, costs,
expenses, rights of action and causes of action of whatever, nature, anticipated or
unanticipated, ]mown or unknown, -which the Public Entity may have against any of the
Released Parties in connection with or related to the Processing Agreament
obligations specified in Exhibit "2". Assignee, however, shall be liable for
obligations relative to the collection of parking citation revenue on or after
November 1, 1987.
PUBLIC ENTITY EXPRESSLY WAIVES ANY RIGHTS OR BENEFITS AVAILABLE TO IT UNDER THE
PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF THE EXECUTION OF THE RELEASE, WHICH
IF KNOWN BY HIM, M[JST AVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
Public Entity understands fully the statutory language of Civil Code section 1542
and, with this, understanding, nevertheless elects to, and does, assume all risk for
claims heretofore and hereafter arising, ]mown or unknown, from the subject of this
release and specifically waives any rights it may have under the California Civil
Code Section 1542. Public Entity fully understands that if the facts with respect
to which this release is executed are found hereafter to be other than or different
from the facts now believed by it to be true, it expressly accepts and assumes the
risk of such possible difference in facts and agrees that this release shall be and
remain effective notwithstanding such difference in facts.
Public Entity represents and warrants that it has not assigned or transferred to any
person or entity any claim demand, damage, debt, liability, right of action or cause
of -ction, or any part thereof, which is involved or related to the matters released
here . Public Entity agrees to indemnify and hold the Released Parties harmless
aga any claim, demand, damage debt, liability, right of action or cause of
action cluding - •rneys' fees and costs incurred whether or not litigation is
commenced bases oor arising out of any such transfer or assignment.
gek
. • 1"7111
J1 ZZI,
• irJ
COMPIJ'TIL
("Assignee")
BY: ALFONSO
ONSO
PRESIDENT &
CITY OF iA BEACH
("Public Entity")
BY:
EOCTI'IVE OFFICER NAME
TITLE
ATTEST:
CLERK, CITY OF iSA BEACH
EXHIBIT "4"
CONSENT TO RELEASE
This RELEASE, is made and entered into as of the day
of , 19 by and between
CITY OF HERMOSA BEACH
Civic Center, 1315 Valley Drive
Hermosa Beach, CA 90254
(HEREINAFTER SOMETIMES REFERRED TO AS "PUBLIC ENTITY")
-AND-
AMERICAN PARKING MANAGEMENT CORPORATION
a California Corp. doing business as
Vertical Management Systems, Inc.
18700 BEACH BOULEVARD
HUNTINGTON BEACH, CA 92648
(HEREINAFTER SOMETIMES REFERRED TO AS "ASSIGNOR")
WHEREAS, an Agreement between the Public Entity and Assignor was
entered on or about September 17, 1985 (hereinafter the "Processing
Agreement"); ana,
WHEREAS, Assignor has mase or has cause to be made payment in full to
Public Entity ot all monies required to be paid by it under the Processing
Agreement,
NOW THEREFORE, The Public Entity tor itself and any successors and
assigns hereby releases and discharges Assignor or its designee and its
agents, attorneys, officers, directors, shareholders, employees, partners
and spouses and each of them, jointly and severally trom all obligations
under the Processing Agreement, upon the payment ot $5,622.00, except as
specifically set forth in Exhibit "2". Further, the Public Entity tor
itselt and any successors and directors, shareholders, employees, partners
and spouses, and each of them, jointly and severally releases Assignor and
its respective agents, officers, directors, sharholders, employees,
partners, and spouses (collectively referred to as the "Released
Parties"), of and from all rights, claims, demands, damages, debts, liens,
liabilities, losses, costs, expenses, rignts of action and causes of
action of whatever nature, anticipated or unanticipated, known or unknown,
which the Public Entity may have against any of'the Released Parties in
connection with the Processing Agreement.
Public Entity tor itself and any successors and assigns hereby fully
releases Arnold E. Spiro from the obligations specified in Exhibit "2" on
the date the promissory note guaranteed by him is paid in full. Public
Entity tor itselt and any successors and assigns hereby tully releases
Carter C. Green from the obligations specified in Exhibit "2" on the date
the promissory note guaranteed by him is paid in full. Public Entity tor
itselt or any successors and assigns hereby tully releases Assignor trom
the obligations specified in Exhibit "2" on the date both promissory notes
are paid in full.
- 14 -
Public Entity EXPRESSLY WAIVES ANY RIGHTS OR BENEFITS AVAILABLE TO IT UNDER THE
PROVISIONS OF SECTION 1542 OF THE CALSMRNIA CIVIL CODE WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND 10 CLAIMS WHICH
THE CREDI'IOR DOES mar Mad OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF THE E?CEQ7IIO N OF THE RELEASE, WHICH
IF RUIN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT lam THE DEBTOR".
Public Entity understands fully the statutory language of Civil Cade section 1542
and, with this understanding, nevertheless elects to, and does, assume all risk for
claims heretofore and hereafter arising, known or unknown, from the subject of this
release and specifically waives any rights it may have under the California Civil
Code Section 1542. Public Entity fully understands that if the facts with respect
to which this release is executed are found hereafter to be other than or different
from the facts now believed by it to be true, it expressly accepts and assumes the
risk of such possible difference in facts and agrees that this release shall be and
remain effective notwithstanding such difference in facts.
Public Entity represents and warrants that it has not assigned or transferred to any
person or entity any claim demand, damage, debt, liability, right of action or cause
of action, or any part thereof, which is involved or related to the matters released
herein. Public Entity agrees to indemnify and hold the Released Parties harmless
against any claim, demand, damage debt, liability, right of action or cause of
action (including attorneys' fees and costs immirred whether or not litigation is
commenced) bases on or arising out of any such transfer or assignment.
AMERICAN PARKING MAMGEMENT CORP.,
a California Corp. d/b/a/
Verti9LManagement Systems, Inc. CITY OF HERMOSA BEACH
BY: CARNE C. GREEN,
PRESIDENT
BY: ARNOLD E.
VICE PRESIDENT
BY:
NAME
TITLE
ATTEST:
CLERK, CITY OF HERMJSA BEACH
EXHIBIT "5" idinV,W
NON-NEGOTIABLE PR MISSORY NOPE
NOTE SUBJECT TO FINAL CLOSING OF THAT CERTAIN AGREEMENT FOR PURCHASE AND SALE OF ASSETS DATED DECEMBER 10, 1987 AS MODIFIED.
$2,811.00 Huntington Beach, California
. 1988
1. Promise to Pay. For value received, the undersigned ("Maker:) promised
to pay to City of Hermosa Beach
maim ("Holder"), at Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254
or any other place as Holder may from time to time designate in writing, the sum of
Two Thousand Eight Hundred Eleven Dollars
($2,811.00—), calculated by adding to Two Thousand Six Hundred Twenty Seven
Dollars ($2,627.00------) simple interest of seven percent (7%) of such sum.
2. Terms of Payment. On September 30th following the tenth anniversary of
the date of this Note, all sums then remaining unpaid tinder this Note shall be due
and payable. All payments shall be made in lawful money of the United States of
America without setoff, deduction or counterclaim of any kind whatsoever.
3. Payment Schedule.
3.1 Mandatory Prepayments. Maker shall make prepayments on this
Note in forty (40) equal successive quarterly installments in the amount of Forty
Nine Dollars ($49.00
each. The first such installment shall be payable ninety (90) days frown the date of
this Note, and subsequent installments shall be paid every ninety (90) days
thereafter until all such payments have been made.
3.2 Optional Prepayments. Maker may prepay this Note in whole or
in part on any date without premium or penalty.
4. Default and Accleration. At the option of Holder, upon prior written
notice to Maker, all sums remaining unpaid under this Note shall become immediately
due and payable upon the occurrence of a material default of Maker under this Note
which has not been cured by Maker within fifteen (15) days of receipt from Holder of
written notice of such default.
5. Costs and Attorneys' Fees. In the event of any action arising out of
or connected with this Note, the prevailing party shall be entitled to recover its
reasonable costs and attorneys' fees.
6. Successors; Joint and Several Liability; Captions; Miscellaneous. The
covenants and agreements contained in this Note shall bind the successors and
assigns of Maker and Holder and shall inure to the benefit of Holder and its
successors and assigns. This Note shall be binding upon the heirs, personal
representatives, successors, and assigns of Maker. The captions and headings of the
paragraphs of this Note are for convenience only and are not to be used to interpret
or define the provisions of this Note. This Note shall be governed by and construed
in accordance with the laws of the State of California.
7. Notices. Any notice, request, demand or other communication provided
for in this Note shall be in writing and deemed given when received by the party for
whom intended, if personally delivered, or when mailed by registered or certified
mail, return receipt requested, addressed to the intended party at the address
stated in this Paragraph 7, or to any other address as may have been designated by
written notice: _ 16
•
To Maker:
With a copy to:
To Guarantor:
To Holder:
American Parking Management Corp.,
doing business as
Vertical Management Systems, Inc.
16458 Bolsa Chica Street, #22
Huntington Beach, California 92649
Attention: Carter C. Green, President
Drumauy Garrett King & Harrison
A Professional Corporation
Attorneys at Law
3200 Park Center Drive, Suite 1000
Costa Mesa, California 92628
Attention: Kimberly E. Small, Esq.
Arnold E. Spiro
16458 Bolsa Chica Street, #22
Huntington Beach, California 92649
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa
Beach, CA 90254
Attention:
8. Severability. If any provision or provisions of this Note are held to
be invalid, illegal or unenforceable in any respect, this Note shall be construed as
not containing that provision or provisions and all other provisions of this Note
shall remain in full force and effect, and to this end the provisions of this Note
are declared to be severable.
AMERICAN PAROMMANALEMENT CORP., a
California corporation doing business as
VERTIOILMODCENENT SYSTEMS, INC.
By: I
Cter447)(?
C. Greed,
President
Arnold E. Spiro,
Vice President
•
GUARANTY
For value received, the undersigned hereby individually and
unconditionally guarantees the obligations of Maker under this Note.
DATED:
79-(12-11la)121087
-17-
E'cHIBIT "5"
A.
NON-NEGOTIABLE PROMISSORY NOTE `' "
NOTE SUBJECT TO FINAL CLOSING OF THAT CERTAIN AGREEMENT FOR PURCHASE AND SALE OF ASSETS DATED DECEMBER 10, 1987 AS MODIFIED.
$2,811.00 Huntington Beach, California
. 1988
1. Promise to Pay. For value received, the undersigned ("Maker:) p '
to pay to City of Hermosa Beach ,,P
MEW ("Holder"), at Civic Center. 1315 Valley Drive, Hermosa Beach, CA 90254
or any other place as Holder may from time to time designate in writing, the sum of
Two Thousand Eight Hundred Eleven Dollars
($2,811.00--), calculated by adding to Two Thousand Six Hundred Twenty Seven—
Dollars ($2,627.00------) simple interest of seven percent (7%) of such sum.
2. Terms of Payment. On September 30th following the tenth anniversary of
the date of this Note, all sums then remaining unpaid under this Note shall be due
and payable. All payments shall be made in lawful money of the United States of
America without setoff, deduction or counterclaim of any kind whatsoever.
3. Payment Schedule.
3.1 Mandatory Prepayments. Maker shall make prepayments on this
Note in forty (40) equal successive quarterly installments in the amount of Forty
Nine Dollars ($49.00
each. The first such installment shall be payable ninety (90) days frena the date of
this Note, and subsequent installments shall be paid every ninety (90) days
thereafter until all such payments have been made.
3.2 Optional Prepayments. Maker may prepay this Note in whole or
in part on any date without premium or penalty.
4. Default and Accleration. At the option of Holder, upon prior written
notice to Maker, all sums remaining unpaid under this Note shall become immediately
due and payable upon the occurrence of a material default of Maker under this Note
which has not been cured by Maker within fifteen (15) days of receipt from Holder of
written notice of such default.
5. Costs and Attorneys' Fees. In the event of any action arising out of
or connected with this Note, the prevailing party shall be entitled to recover its
reasonable costs and attorneys' fees.
6. Successors; Joint and Several Liability; Captions; Miscellaneous. The
covenants and agreements contained in this Note shall bind the successors and
assigns of Maker and Holder and shall inure to the benefit of Holder and its
successors and assigns. This Note shall be binding upon the heirs, personal
representatives, successors, and assigns of Maker. The captions and headings of the
paragraphs of this Note are for convenience only and are not to be used to interpret
or define the provisions of this Note. This Note shall be governed by and construed
in accordance with the laws of the State of California.
7. Notices. Any notice, request, demand or other communication provided
for in this Note shall be in writing and deemed given when received by the party for
whom intended, if personally delivered, or when mailed by registered or certified
mail, return receipt requested, addressed to the intended party at the address
stated in this Paragraph 7, or to any other address as may have been designated by
written notice:
-18-
To Maker:
With a copy to:
To Guarantor:
To Holder:
American Parking Management Corp., doing
business as
Vertical Management Systems, Inc.
16458 Bolsa Chita Street, #22
Huntington Beach, California 92649
Attention: Carter C. Green, President
Drtmnny Garrett King & Harrison
A Professional Corporation
Attorneys at Law
3200 Park Center Drive, Suite 1000
Costa Mesa, California 92628
Attention: Kimberly E. Small, Esq.
Carter C. Green
18627 Brookhurst #287
Fountain Valley, California 92708
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa
Beach, CA 90254
Attention:
8. Severabilitv. If any provision or provisions of this Note are held to
be invalid, illegal or unenforceable in any respect, this Note shall be construed as
not containing that provision or provisions and all other provisions of this Note
shall remain in full force and effect, and to this end the provisions of this Note
are declared to be severable.
AMERICAN PARKING mmAGEmarr CORP., a
California corporation doing business as
VERTICAL SYSTEMS, INC.
BY
C. Green,
President
Hold E. Sp' ,
Vice President
GUARANTY
For value received, the undersigned hereby individually and
unconditionally guarantees the obligations of Maker under this Note.
DATED:
79-(12-111)121087
-19-
BACKGROUND MATER/AL
December 16, 1987
Honorable Mayor and Members City Council Meeting of
of the City Council January 12, 1988
RECOMMENDATION TO ACCEPT A LIABILITY SETTLEMENT PLAN
AS OUTLINED BY COMPUTIL AND TO AUTHORIZE THE
CITY MANAGER TO SIGN AGREEMENT
Recommendation:
It is recommended that the City Council (1) accept the liability
plan, as outlined by Computil, to satisfy the debt owed by
Vertical Management Systems and (2) to authorize the City Manager
to sign the attached agreement.
Background:
At your regularly scheduled meeting of September 10, 1985, the
City Council approved an agreement with Vertical Management
Systems to process our out-of-state parking citations.
It was brought to the attention of the City Council, at that
time, that the City had no method of pursuing delinquent parking
citations that are issued to out-of-state vehicles (see attached
background material). VMS provided us with a mechanism for
collection of these outstanding citations since they processed
same for several cities and could afford to interface with DMV's
from other states.
Recently, the city was notified that VMS was selling this portion
of their business to Computil. Staff has met with Computil and,
assuming that the attached agreement is approved by Council, we
will be bringing an assignment of agreement from VMS to Computil
to process our out-of-state parking citations, to the City
Council, in the near future.
Analysis:
During our affiliation with VMS, we have submitted to them an
average of 100 outstanding out-of-state citations, per month, for
collection. Our collection rate has been approximately 25%.
There is no cost to the city, since the processing agency works
on a commission basis, receiving 32% of revenues collected
through their efforts. Net revenue to the city has been
approximately $6,000.
However, the last payment we received from VMS was in January of
1987. Consequently, we discontinued sending them the citations
for collection in July of 1987. This was after many attempts
both telephonically and through written correspondence to collect
11
•
the money that was outstanding. They continue to send us monthly
activity reports which show the number of citations paid.
Initially,, Computil indicated they would assume all payments due
to the various cities involved, if they closed a deal with VMS.
Upon completion of an audit, by the firm of Arthur Anderson and
Associates ( a well known accounting firm), they realized the
magnitude of outstanding liability. The attached agreement
represents their best effort (in staff's opinion) to satisfy the
debt.
Fortunately, the debt owed to the City of Hermosa Beach is not as
substantial as it is for many other cities i.e. the city of San
Diego. Especially when one remembers that we had no where
withal, other than booting and impounding the vehicles that we
find in town, to collect on out-of-state citations. It does not
seem prudent to incur enormous legal expenses to sue VMS in order
to collect the outstanding revenue. Therefore, staff recommends
that "we take the money and run".
General Services Director
Concur:,
Gayle Martin
City M � nager
Conc
s P. Lgh
ty Attorney
Noted for fiscal impact:
Viki Copeland
Finance Administrator
e
February 24, 1988
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council March 8, 1988
ACCEPTANCE'OF WORK AS COMPLETE - UNDERGROUND STORAGE TANK CLOSURE
POLICE STATION, CITY YARD
CIP 86-601
Recommendation:
It is recommended that City Council:
1. accept as complete the work completed by Diamond Pacific for
the underground storage tank closure at the police station
and the city yard - CIP 86-601
2. authorize staff to release the 10% retention payment for CIP
86-601 to Diamond Pacific (pending written approval from Los
Angeles County), and
3. authorize staff to release the Labor and Materials Bond and
the Faithful Performance Bond from Diamond Pacific.
Background:
On December 15, 1987 City Council authorized the Mayor to sign an
agreement with Diamond Pacific for the closure of the underground
storage tanks at the police station and the City yard in an
amount not to exceed $13,530, and authorized staff to issue
change orders as necessary. A Notice to Proceed was issued on
January 21, 1988, and work began on January 25, 1988.
Analysis:
The analysis of this report will be divided into the following
sections:
I. Project Completion
II. Release of Bond
III. Fiscal Impact
IV. Alternatives
I. Project Completion.
All work is complete to the satisfaction of staff. However, the
project specifications require that the closure report be
approved by the Los Angeles County Department of Public Works.
The County has a 3-4 week backlog on sending these approvals in
writing, but they have given us verbal approval of the closure
report submitted by the contractor. In an effort to expedite the
project, staff recommends accepting the work as complete at this
time, and withholding the 10% retention payment pending written
approval from LA County.
The contract allowed for 30 calendar days for the contractor
to complete construction. The project was completed within 18
calendar days on February 11, 1988.
11
• - 1 -
II. Release of Bond
The contractor was required to post a bond for 100% of the
contract amount to insure his faithful performance for this
project. Now that the project has been successfully completed,
staff recommends that this bond be released.
Bonding Company:
Insurance Company of the West
I.C.W. Park P.O. Box 81063
San Diego, CA 92138
Bond No. 02 31 73
Original bond amount: $12,300
Project Total
(Not to exceed
contract amount)
$13,530
III. Fiscal Impact
CIP 85-402
Final Total Funding
Contract Amount Savings Source
$12,300 $1,230 SB9O
The project was completed within budget. After receiving Council
acceptance as complete, staff will apply for 100% reimbursement
under SB9O. (Senate Bill 90) Staff has been notified by the
state controller's office that they are not able to review our
application for SB9O reimbursement until after November 30, 1988,
and that actual reimbursement from the state may take until July,
1989.
IV. Alternatives
Other alternatives available to Council and considered by staff
are:
1. Do not accept the work as complete until written confirmation
by Los Angeles County; thereby, delaying the retention
payment and bond release.
Respectfully submitted,
i
i�-
1/6-0-firerit i ��%
Deborah M. Murphy ,
Assistant Engineer
Concur:
Kevin North , aft
City Manager
Concur:
Anthony Antich
Director of Pu
lic Works
Noted for Fiscal Impact:
Viki Copeland
Finance Administrator
Attachment: League of California Cities Bulletin (02/26/88)
E®INC'
UNCUT
e MI NIL
California Cities Work Together
LEISURE'
FELLFE
League of California Cities
1400 K Street • Sacramento 95814 • (916) 444-5790
February 26, 1988
#8-1988
ADMINISTRATIVE ACTIVITIES
8. INFORMATION 1988 SB 90 Funding Proposals.
The Governor has recently released his 1988-89 fiscal year budget proposal.
Concurrent with this, the Commission on State Mandates has introduced AB 2778
(Vasconcellos), the appropriations bill to fund recently found mandates. As
usual, there are mixed blessings with these two state proposals.
In the Governor's budget, $139 million has been requested to cover mandated
costs during FY 1988-89. Of special interest to cities is that $30 million has
been designated for funding firefighter clothing and equipment costs that were
held to be a mandate as a result of the recent Supreme Court decision in the
Carmel Valley case. In addition to these funds, the Governor's budget contains
an additional $30 million for newly funded Commission -approved test claims. It
is anticipated that this amount may be amended even higher during the current
budget process.
Concurrent with this action and somewhat overlapping, AB 2778 contains $92
million for various test claims approved.by the Commission on State Mandates.
Of this amount, $15.18 million is for the costs of SB 90 claiming, and $20.7
million for police department domestic violence call.
On a more somber note, however, the Governor has deleted funding for underground
storage tanks. This is a result of another Supreme Court decision (the County
of Los Angeles case, where it was held that a mandate does not exist if it is
applied equally to the private and public -sectors. This action raises questions
regarding current year funding, deficiency payments and other issues. So far,
no action has been taken to eliminate reimbursement for previously claimed costs
for which state appropriations have been approved.
In other more positive actions, it is anticipated that• funding requests for
other newly found mandates will be presented to the Legislature this year as
well. Those include: police department motorist assist calls and missing
persons reports, business tax reporting requirements, real property mergers, and
others.
Overall, even with the loss of the underground storage tank funding ($13 million
this year), cities should be able to increase reimbursements in 1988-89. The
funding of new mandates is approximately $70 million statewide. • As the budget -
process continues, more will be known as to the status of these proposals ands.
when and how cities can file claims for these costs. - 1
February 16, 1988
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council March 8, 1988
APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO CALL
FOR BIDS FOR ASPHALT STREET REPAIRS - CIP 87-171
Recommendation:
It is recommended that City Council:
1. approve the plans and specifications (on file in the Office
of the City Clerk) for City-wide asphalt street repairs;
2. authorize call for bids for asphalt street repair project,
and
3. authorize staff to issue addendums as necessary.
Background:
At the June 23, 1987 City Council meeting, Council adopted the FY
87-88 CIP Budget, which appropriated $82,500 for City-wide street
repairs.
Analysis:
The Department of Public Works conducted a field condition survey
to determine which asphalt streets are in greatest need of repair
(Attachment I: Locations). Typical unit prices were obtained
from which the Engineer's Estimate was developed (Attachment II).
These plans and specifications consider only those sections that
are to be removed and replaced and crack sealed.
Construction hours in the City of Hermosa Beach are from 8:00
a.m. to 7:00 p.m., as established by City ordinance. However,
because Public Works projects are exempt from this ordinance, the
agreement has been written such that the contractor may
begin work at 7:00 a.m., and must be through for the day by 5:00
p.m. These hours better met the needs of the City, as well as
the Contractor.
Fiscal Impact:
CIP 87-171
Budgeted Amount
Amount Expended
Engineer's
Estimate
$82,500 -0- $82,500
111
The engineer's estimate is equal to the budgeted amount.
Respectfully submitted,
Brian Gendr
Assistant Engineer
Concur:
evin Northc•-ft
City Manager
asr/v
Concur:
Anthony Antic
Director of • •lie Works
Noted for Fiscal Impact:
zaa-t
Viki Copeland
Finance Administrator
Attachments: List of Repair Locations
Engineer's Estimate
Project Budget
Project Schedule
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM #1:
LOCATIONS TO BE REMOVED AND REPLACED
ATTACHMENT I
LOCATION
APPROXIMATE
DIMENS IONS
APPROX.
SQ. FT.
1
340 Massey
2
960 9th Street
4' x 34'
136
2.3' x 20'
46
3
940 9th Street
4
918 9th Street
1.6' x 14.7'
24
1.8' x 24.7'
45
5
1001 10th Street
2' x 15'
30
6
Bonnie Brae @ 14th Street (N. Side)
7
Bonnie Brae @ 15th Street
8
Prospect @ 17th
9
17th St. @ Golden
10
Rhodes @ 18th Street
11
19th @ Prospect (1101)
1
2.7' x 12.7'
1.7' x 3'
39
4.6 x 6.5'
30
17.3' x 11.3'
6.7' x 24.1'
5.0'x 29.8'
506
6.5' x 31'
202
7' x 29.5'
4.5' x 17.5
206
79
12
1205 19th Street
13
1254 19th St.
4.5' x 34.8'
157
4' x 42'
15' x 8'
5' x 5'
3.5' x 12.5'
357
14
20th P1. @ Harper .
(124 sq. ft. in Redondo)
116
15
21st Street @ PCH
4' x 7'
28
16
1st P1. @ Ardmore
17
567 2nd Street
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM #1:
LOCATIONS TO BE REMOVED AND REPLACED
====
18
LOCATION
2nd St. @ Valley
ATTACHMENT I
APPROXIMATE
DIMENS IONS
APPROX.
SQ. FT.
19
Manhattan, 122 - north
20
Manhattan @ 2nd Street
21
563 llth Street
22
Monterey @ 10th Street
23
Manhattan @ 10th Street
36' x 30'
1080
2.3' x 50.8'
1.4' x 20'
145
15' x 19'
285
3.3 x 14'
152
5.5' x 26.3'
361
21.5' x 13'
280
24
Loma @ Pier (S. side)
25
Sunset @ Pier (S. side)
4' x 17'
68
5.5' x 19'
105
26
Monterey @ Pier
27
Manhattan @ Pier
28
Monterey @ 16th St.
29
725 30th St.
4.5' x 11'
50
9' x 8'
72
3.3' x 8.7'
13.3' x 10.7'
171
2.3' x 5.3'
12
30
30th St. @ Tennyson
3.6' x 14.8"
3.6' x 12'
96
TOTALS 5060
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM #2:
LOCATIONS TO BE CRACK SEALED
LOCATION
1st St. - near Prospect
1st Pl. - Barney to Prospect
2nd St. - Prospect to Hollowell
Hopkins
Gravely Court
7th St. - PCH to Prospect
9th St. - PCH to Prospect
10th St. - PCH to Prospect
10th St. - Prospect to Border
13th St. - PCH to Ocean
14th St. - PCH to Prospect
14th St. - Prospect to Border
15th St. - PCH to Ocean
15th Pl. - Bonnie Brae to Mira
Corona
Owosso
Bonnie Brae
Ocean
17th St. - PCH to Prospect
Golden
Rhodes
ATTACHMENT I
1 1 1 1
SIZE OF 'EXTENT OF) APPROX. 1 APPROX. 1 APPROX
CRACKS (CRACKING* WIDTH 1 LENGTH 1 SO. FT
1 1 --- OF STREET ---
1 1
1/4"-3/4" 1 3 1 30 1 10 1 300
1 1 1 1
1/8"-2" 1 3 1 30 1 720 1 21600
1 1 1 1
1/4"-4" 1 4 1 30 I 1240 1 37200
1 1 1 1
1/8"-1/4" 1 2 1 30 1 480 I 14400
1 1 1 1
1/8"-1/4" 1 3 1 30 1 100 1 3000
1 1 1 1
1/8"-1" 1 3 1 40 1 1000 1 40000
1 1 1 1
1/8'-1" 1 4 1 30 1 1160 1 34800
1 1 1 1
1/8"-2" 1 3 1 30 1 1280 1 38400
1 1 1 1
1/8"-1/2" 1 3 1 30 1 640 1 19200
1 1 1 1
1/8"-1.5" 1 4 1 30 1 640 1 19200
1 1 1 1
1/8'-1" 1 3 1 30 1 1280 1 38400
1 1 1 1
1/8"-1.5" 1 4 1 :30 1• 400 1 12000
1 1 1 1
1/8"-1/2" 1 1 1 30 1 620 1 18600
1 1 1 1
1/8"-2' 1 4 1 30 1 400 1 12000
1 1 1 1
1/8'-1" 1 2 1 30 1 600 1 18000
1 1 1 1
1/8'-1" 1 3 1 30 1 640 1 19200
1 1 1 1
1/8'-1" 1 3 1 30 1 1320 1 39600
1 1 1 1
1/8'-1" 1 3 1 20 1 1920 1 38400
1 • 1 1 1
1/8"-1/4" I 3 1 30 1 880 1 26400
1 1 1 1
1/8"-1/4" 1 2 1 30 1 320 1 9600
1 1 1 1
1/8'-1" 1 3 1 20 1 200 1 4000
1 1 1 1
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM 02:
LOCATIONS TO BE CRACK SEALED
LOCATION
19th St. - Prospect to border
21st St. a PCH intersection
Borden
Harper
Amby Pl.
Braeholm Pl.
Gould Terrace 0 Gould intersection
Gould - just S. of Ardmore intrscn.
24th Pl. - Ardmore to PCH
24th St. - Ardmore to PCH
11th St. - near Ardmore
7th St. - near Ardmore
6th St. - Ardmore to PCH
3rd St. - Valley to Ardmore
2nd St. - Valley to PCH
1st Pl. - Ardmore to PCH
1st St. - Ardmore to PCH
Monterey - Herondo to 2nd
- 2nd to 8th
- 8th to Pier
- Pier to 19th
ATTACHMENT I
1 1 1 1
SIZE OF 'EXTENT OF' APPROX. 1 APPROX. 1 APPROX
CRACKS 'CRACKING*, WIDTH 1 LENGTH 1 SQ. FT
1 1 --- OF STREET ---
1/8"-1/4" 1 1 1 30 1 600 1 18000
1 1 1 1
1/8"-1/2" 1 2 1 40 1 20 1 800
1 1 1 1
1/8"-1/2" 1 1 1 30 1 240 1 7200
1 1 1 1
1/8"-1/2" 1 2 1 20 1 1640 1 32800
1 1 1 1
1/80-1/4" 1 1 1 30 1 300 1 9000
1 1 1 1
1/80-1/4" 1 1 1 30 1 260 1 7800
1 1 1 1
1/4"-1.5" 1 3 1 20 1 20 1 400
1 1 1 1
1/4"-1.5" 1 4 1 60 1 60 1 3600
1 1 1 1
1/80-1/4" 1 1 1 30 1 760 1 22800
1 1 1 1
1/8"-1" 1 3 1 30 1 700 1 21000
11 1 1
1/8"-1" 1 3 1 30 1 20 1 600
1 1 1 1
1/4"-1.5" 1 3 1 '. 30 1 20 1 600
1 1 ' 1 1
1/8"-1/2' 1 3 1 30 1 620 1 18600
1 1 1 1
1/8"-2" 1 3 1 30 1 920 1 27600
1 1 1 1
1/8"-2" ( 4 1 30 1 1120 1 33600
1 1 1 1
1/8"-1" 1 3 1 30 1 560 1 16800
1 1 1 1
1/8"-1" 1 3 1 30 1 680 1 20400
1 1 1 1
1/8"-1/4" 1 1 1 60 1 760 1 45600
1 1 1 1
1/8"-2" 1 4 1 60 1 1600 1 96000
1 1 1 1
1/8"-1" 1 3 1 60 1 1520 1 91200
1 1 1 1
1/8"-1/4" 1 1 1 60 1 1480 1 88800
1 1 1 1
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM 12:
LOCATIONS TO BE CRACK SEALED
LOCATION
- 19th to Manhattan
Circle Drive
Bay View Drive - Circle to 16th
- 16th to Pier
- Pier to 1st St.
Cypress - 6th to 8th
- 11th to Pier
Loma - 6th to Pier
- N. of Pier
Bard St. - S. of Pier
11th St. - Valley to Monterey
Sunset
Manhattan
Palm - Greenwich to Neptune
- Pier to Greenwich
Hermosa - 35th to Herondo
Beach Drive - 1st St. to 24th St.
Park and 25th St.
Myrtle
Ozone Court
25th St. - Park to Valley
ATTACHMENT I
1 1 1 1
SIZE OF EXTENT OF' APPROX. 1 APPROX. 1 APPROX
CRACKS CRACKING*1 WIDTH 1 LENGTH 1 SQ. FT
--- OF STREET -
010
1/8"-2" 1 3 1 60 1 1270 1 76200
1 1 1
1/8"-3/4" 1 3 1 40 1 900 1 36000
1 1 1 1
1/8"-1" 1 3 ( 30 1 1320 1 39600
1 1 1 1
1/8"-1" 1 1 ( 20 1 460 ( 9200
1 1 1 1
1/8"-1" ( 3 1 20 1 3360 1 67200
1 1 1 1
1/8"-2" 1 4 1 30 1 1040 1 31200
1 1 1 1
1/8"-2" 1 1 1 30 1 640 1 19200
1 1 1 1
1/811-1" 1 3 1 30 1 2320 1 69600
1 1 1
1/8"-1/4 ( 1 1 30 1 1000 1 30000
1 1 1 1
1/8"-1" 1 3 1 50 1 540 1 27000
1 1 1 1
1/8"-1" 1 3 1 30 1 640 1 19200
1 1 1 1
1/8"-1.5" 1 3 1 20 1 2040 1 40800
1 1 1 1
1/8"-2" 1 3 1 50 1 9000 ( 450000
1/8"-1" 1 3 1 20 ( 1800 1 36000
1 1 1 1
1/8"-1/2" 1 3 1 20 1 3000 ( 60000
1 1 1 1
1/8"-1/4" 1 1 1 60 1 8640 1 518400
1 1 1 1
1/8"-1/2" 1 3 1 20 1 6400 ( 128000
1 1 1 1
1/8"-1/2" 13 1 40 ( 1920 1 76800
1 1 1 1
1/8"-1/2" 1 3 1 40 1 800 ( 32000
1 1 1 1
1/8"-1/2" 1 3 1 20 ( 940 1 18800
1 1 1 1
1/8"-1/4" ( 1 1 30 1 800 ( 24000
1 1 1 1
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM 02:
LOCATIONS TO BE CRACK SEALED
LOCATION
24th St. - Park to Valley
- Strand to Park
20th St. - Power to Valley
21st St.
Morningside - Longfellow to 30th
BETWEEN VALLEY & STRAND
Lyndon
1st St.
2nd St.
4th St.
6th St.
8th St.
10th st.
16th St.
19th St.
21st St.
27th St. and Gould lower
28th St.
29th St.
29th Pl.
ATTACHMENT I
1 1 1 1
SIZE OF (EXTENT OF' APPROX. 1 APPROX. 1 APPROX.
CRACKS (CRACKING*I WIDTH 1 LENGTH 1 SG. FT.
1 1 --- OF STREET ---
---______.1 i --=1=-------.1==.------
1/804-1"
-=1__----=1=-------
1/8"-1" 1 3 I 30 1 1000 I 30000
1 1 1 1
1/8"-2' 1 4 1 40 1 720 1 28800
1 1 1 1
1/8"-1/4" 1 2 1 30 1 700 1 21000
1 1 1 1
1/8"-1" 1 3 I 30 1 840 1 25200
1 1 1 1
1/8"-1' 1 3 1 30 1 400 1 12000
1 1 1 1
1 1 1 1 0
1 1 1 1
1 1 1 1 0
1 1 1 1
1/8"-1/2" 1 3 1 30 1 400 1 12000
1 1 1 1
1/8"-1/2" 1 3 1 40 1 480 1 19200
1 1 1 1
1/8"-3/4" 1 4 1 40 1 500 1 20000
I 1 1 1
1/8"-1/2" 1 3 1 40 1 500 1 20000
1 1 1 1
1/81-2" 1 4 1 40 1 1340 1 53600
1 1 • 1 1
1/8'-2" I 3 1 40 1 1440 1 57600
1 1 1 1
1/8"-1.5" 1 3 1 40 1 1320 1 52800
1 1 1 1
1/8"-1/2" 1 3 1 40 1 680 1 27200
1- 1 1 1
1/8"-1" 1 3 1 40 1 600 1 24000
1 1 1 1
1/8"-1/4" 1 1 1 40 1 200 1 8000
1 1 1 1
1/8"-1/4" 1 1 1 30 1 1200 1 36000
1 • 1 1 1
1/8"-1/4" 1 1 1 30 1 1440 1 43200
1 1 1 1
1/8"-2" 1 4 1 30 1 200 1 6000
1 1 1 1
1/8"-1" 1 3 1 20 1 760 I 15200
I 1 1 1
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM #2:
LOCATIONS TO BE CRACK SEALED
LOCATION
35th St.
BETWEEN HERMOSA AND STRAND
22nd St.
21st Ct.
19th Ct.
18th Ct.
17th Ct.
.16th Ct.
15th St.
15th Ct.
14th St.
14th Ct.
13th St.
11th St.
11th Ct.
10th Ct.
9th Ct.
8th Ct.
7th Ct.
6th Ct.
ATTACHMENT I
1 1 1 1
SIZE OF (EXTENT OF' APPROX. I APPROX. I APPROX.
CRACKS (CRACKING*I WIDTH I LENGTH I S0. FT.
I I --- OF STREET ---
1/8"-1/4" I 1 I 30 I 240 I 7200
1 1 1 1
I 1 1 I 0
1 1 1 1
I 1 1 1 0
1 1 1 1
1/8"-2" I 4 I 40 I 200 I 8000
1/8"-1/4" I 1 I 20 I 240 I 4800
1/8"-1/4" I 1 I 20 I 300 I 6000
1/8"-1/4" I 1 I 20 I 360 I 7200
1/8"-1/4" I 1 I 20 I 420 I 8400
1/8"-1/2" I 3 I 20 I 420 I 8400
1/8,-2" I 4 1 40 I 500 I 20000
1/8"-1/2" I 3 I 20 I 380 I 7600
1/8"-1.5" I 3 I 40 I 440 I 17600
1/8"-1/2" I 3 I 20 I 380 I 7600
1/8"-1.5" I 4 I 20 I 360 I 7200
1/8"-1" I 3 I 40 I 440 I 17600
1/8"-1/4" I 1 I 20 I 320 I 6400
1/8"-1/2" I 3 I 20 I 300 I 6000
1 1 1 1
1/8"-1/4" I 1 I 20 I 280 I 5600
1 1 1 1
1/8"-1/4" I 1 I 20 I 260 I 5200
1 1 1 1
1/8"-1/4" I 1 I 20 I 240 I 4800
1/8"-1/2" I 3 I 20 I 220 I 4400
1 1 1 1
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM 82:
LOCATIONS TO BE CRACK SEALED
LOCATION
5th Ct.
4th Ct.
3rd Ct.
ATTACHMENT I
1
SIZE OF IEXTENT OF) APPROX. ( APPROX. ( APPROX.
CRACKS ICRACKING*I WIDTH I LENGTH ( SQ. FT.
--- OF STREET ---
1/8"-1/4" I 1 I 20 I 180 1 3600
11 1
1/8"-1" ( 3 1 20 1 140 I 2800
1 1 1 1
1/8"-1/4" 1 2 I 20 1 100 1 2000
1
* Extent of cracking: 1 = Good condition, little cracking
4 = Poor condition, extensive cracking
kfisur
HERMOSA BEACH
CALIFORNIA.
1
•
..t4PS
'leo?
."0
SCALE: 1 INCI0400 FEET
•
/MO
• . .7.1„A
+I; ),
ASPHALT STREET REPAIR
CIP 87-171
FY 87-88
ITEM #1: REMOVE AND REPLACE ASPHALT
ATTACHMENT II
ENGINEER'S ESTIMATE
5060 sq. ft. @ $2.80 per sq. ft. = $14,168.
ITEM #2: SEAL CRACKS IN ASPHALT PAVEMENT
AVERAGE
EXTENT OF
CRACKING*
2.69
TOTAL LENGTH
OF CRACK
(FT.)
TOTAL
ESTIMATED
COST++
117,551
* Extent of
1 - approx.
2 - approx.
3 - approx.
4 - approx.
cracking
.1' of crack per sq. yd. -
.2' of crack per sq. yd.
.35' of crack per sq. yd.
.55' of crack per sq. yd.
$68,332
good condition
- poor condition
++ Estimated cost: $ .58 per lineal foot of crack.
Crew size =
Number of crews =
Composite hourly rate =
(Including labor, materials,
equipment, O&P, etc.)
Total crew -days =
Number of weeks construction =
SUMMARY
7
1
$70
18
4
ITEM #1: REMOVE AND REPLACE ASPHALT •
ITEM #2: SEAL CRACKS IN ASPHALT PAVEMENT
$14,168
$68,332
TOTAL FOR CIP 87-171
$82,500
CONSTRUCTION SCHEDULE
PROJECT NAME : CIP .11 t T ASP HALT- REPAID.
1
LEGEND
TENTATIVE SCHEDULE : animmiatemi
ACCOUNT NUMBER : ACTUAL SCHEDULE : mummoimmomm
X : 100% COMPLETE n
•
I 1 1 I 1 1 1 1 1 I 1 I I
TASKS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
I I 1 1 I 1 1 I I 1------1 1 I
Final design approval before advertising
for construction I 1 I I I I I 1 I I
Prepare advertisement & set bid opening) IIIIIIII__
1 I 111 ! 1. - I I I 1 1 1 I I
date
Advertising period
(issue addendums as necessary)
I 1 1-" TIT 1.--.----1 I 1 I 1 I I------ I
Accept sealed bids & public bid opening
1 1I II I� I I 1 I I 1------1
Review bids
1 1Hill1 J 1 1 I I 1 1 I
Award contract l
I 1 IIIII I 1 1 I I 1 I I ' I
Sign contract
(bonds,insurance & workers comp. cert.)) I1 I I I 1 1 1 I 1 I
Preconstruction meeting procedure inn
1 1 111111 1 1 1--i----I 1 1 1 I
Issue "Notice to Proceed"
1 1 1-7111i1`itlr-1 1 1 1 I 1 11
Construction Period
I II
I 1 ' I 1 1 1 I
Monitor progress & maintain records l l
Progress payment and I I 1 111.111111111111 1 1 I I I I I
change order procedure•
I 1 1 1 I_ .II 11Th -----1 I I I 1 I
Acceptance of work as complete
I I I II IIII�II.I 1
I I 1 I 1
Issusing and recording a
"Notice of Completion"
I 1 1 II I illlllt!n 1 1 1---i--I I
nt
Reteion Payment
Project close ;out 1, 1 1 1 Ii111111111111111111110ll-1 1 1 1 I
1 I I . 1 1 I I I I 1 1 1
CITY OF HERMOSA BEACH
• • CAPITAL IMPROVEMENT PROGRAM FY86-87 THRU FY88-89 •
SECOND YEAR OF THREE YEAR CAPITAL IMPROVEMENT PROGRAM •
PROJECT NAME:
PROJECT NUMBER:
ACCOUNT NUMBER:
PROGRAM AREA:
Various Street Repairs - Citywide
CIP 87-171
115-401-8171-4201
Street & Safety Improvements
PROJECT DESCRIPTION:
WORK PROPOSED:
This project will consist of repairing damaged streets
Citywide.
BUDGET SCHEDULE
Col 1 Col 2 Col 3
Col 4 Col S •Col 6 Col 7
PROJECT ELEMENTS
PRELIMINARY ENGINEERING
I
PLANS. SPECS'& ESTIMATES
CONSTRUCTION:
INSPECTION
OTHER DIRECT COSTS
EXPENDED EST'ED EST'ED
BUDGET THRU THRU FY86-87
FY86-87 2/28/87 6/30/87 BALANCE
TOTAL
PROJECT
FY87-88FY88-84BUDGET
1 1 1
1 1 1 1
1 1 1 1
1 75,0001 75,0001 150,0001
1--i 1 1 I
1 1 1 1
1 1 1 1
1 1 1 I'
MMIMMINIIIIIIIM.MMM.M.1•••••MM.MMM.M..M.MMMINIMM
--------MMM.
SUBTOTAL 1. 75.„2091. 75 000 150 000
TOTAL EXPENDITURE • 82,500 82,500 165,000
CONTINGENCY 1
FUNDING SCHEDULE
FUND
NO.
115
FUNDING SOURCES
State Gas Tax
M.M.M...
TOTAL FUNDING
I I FUNDINGDISTRIBUTION*************i TOTAL 1 ,
I 1
1 1
1 1
1 1
I- 82 L5001- 82,5001 J65 L0001
.....M.M..M.MM.M....MMM......
1 1 1 1
1 1 1 1
1 1 1 1
82,500 82,500 165,000
CITY OF HERMOSA BEACH
PLANNING DEPARTMENT
MEMORANDUM
TO: Honorable Mayor and Members of the Hermosa Beach
City Council
FROM: Andrew Peres, Associate Planner
SUBJECT: City Council Agenda item #2 a and b
DATE: March 7,
The attached Agenda item - #2 a and b, 720 8th Street Zone
Change and Precise Plan - has been revised for clarification.
Staff has noted the revisions in bold print.
SUPPLEMENTAL
INFORMATION
2a -b
March 1, 1988
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council March 8, 1988
SUBJECT: ZONE CHANGE 87-3
LOCATION: 720 -8TH STREET
APPLICANT: TERRY PRINGLE; MUSIC PLUS
REQUEST: TO CONTINUE TO THE SECOND READING OF ORDINANCE NO.
88-915 AND ADOPTING RESOLUTION 88-5099 APPROVING A
ZONE CHANGE AND PRECISE PLAN
Recommendation
Staff recommends approving a continuation of this matter to May
24, 1988 on the condition the applicant obtain a Conditional Use
Permit for ticket sales.
Background
The applicant, at the City Council meeting of February 23, 1988,
requested that the City Council continue the second reading of
Ordinance No. 88-915 and approval of Resolution No. 88-5099, and
requested that the condition limiting the hours of the parking
lot be included in a Conditonal Use Permit rather than the
Precise Plan.
The City Council, at their meeting of February 23, 1988, adopted
a text amendment to the Zoning Ordinance which will require a
Conditional Use Permit for businesses which sell special event
tickets.
The City Council, at their meeting of January 12, 1988,
introduced a zone change from R-2, C - Potential, to C-3 and a
precise plan at 720 -8th Street.
Analysis
The Ordinance which will require a Conditional Use Permit for
ticket sales will become effective March 24, 1988. Staff has
prepared a preliminary time line in which the applicant can apply
for the Conditional Use Permit.
Effective date of Ordinance
Receive application for CUP
Staff Review Meeting
Planning Commission
March 24, 1988
by March 24, 1988
April 7, 1988
April 19, 1988
As a condition of approval, staff is recommending that the
Condtional Use Permit require the City Council to review the CUP
in conjunction with the zone change and precise plan. A
tentative date for the City Council is May 24, 1988. This will
enable the applicant to Publicly Notice this item after the
Planning Commission meeting.
Attachment
1. Letter from Gerry Cohen dated February ;3, 1988
CONC;
1MichaeSc u•ac
Planning Director
evin Northcraft
City Manager
An
rew Pere
Associate Planner
COMMERCIAL REAL ESTATE —
SALES, SITE SELECTION AND
LEASE NEGOTIATIONS FOR
CHAIN STORES AND OTHERS
February 23, 1988
Mr. Michael Schubach
Hermosa Beach City Hall
City Planning Department
1315 Valley Drive
Hermosa Beach, California 90254
RE: PROPOSED ZONE CHANGE
TO 720 8TH STREET AND
RESTRICTIONS ON HOURS OF
OPERATION OF THE PARKING LOT
Dear Michael,
1429 4TH STREET
SANTA MONICA
CALIFORNIA 90401-2393
(213) 451-8171
FAX (213) 395-6361
The petitioner's desire at this point is to construct a parking lot
which will be open to customers up to ten o'clock P.M. Sundays thru
Thursday, and up to eleven o'clock P.M. Fridays, Saturdays, and for
the month beginning December 15 thru January 15 each year. These are
the hours of operation the tenant, Music Plus, has been operating for
the past eight years. Recent council action, if enacted, would require
the parking lot to close at ten o'clock P.M. each day, negatively
impacting the tenant's ability to service customers and create sales
tax dollars. In addition, these restrictions are to be put on the
fee interest thru the precise plan, rather than on the user of the
property, Music Plus, through a C.U.P.
At council's suggestion at the January 12th meeting, we entered into
discussions with a neighbor who has claimed substantial negative impact
to her property and lifestyle due to the proposed parking lot, with
the intent of finding ways to ameliorate her difficulties. While we
are optimistic about creating a satisfactory situation for her, we
are still in discussion and are unsure of the outcome.
The petitioners find themselves facing the prospect of the Tenant's
decreasing hours of available parking for customers (won't this result
in increased street traffic?) in order to attempt to alleviate a parking
problem, which is an unacceptable position. In addition, the restriction
placed in the precise plan, rather than in a C.U.P., places restrictions
on the fee which are commercially unreasonable in light of current
mortgage and investment practice.
SAVE THE PIER & PAY COMMISSIONS PROMPTLY
EOU\OI%C MEMBER Of
CHAIN LINKS
•��rP r qqf II <
OFFICES IN
SAN DIEGO (619) 544-1449
SAN FRANCISCO (415) 673-1000
• . .f
Mr. Michael Schubach
Page Two
February'23, 1988
We will, therefore, ask council 1) to allow the construction of the
parking lot with hours of operation as noted above, 2) to place the
restriction in a C.U.P. and not in the precise plan and 3) to make
the zoning change process and C.U.P. process concurrent for orderly
administration and protection of all the parties interests.
Please call me with any comments or questions you may have.
regar ,
GER COHEN
GC/sl
cc: Lou Fogelman
Terry Pringle
Michael L. Epsteen
Alex Byer
March 1, 1988
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council March 8, 1988
SUBJECT: ZONE CHANGE 87-3
LCOATION: 720 -8TH STREET
APPLICANT: TERRY PRINGLE; MUSIC PLUS
REQUEST: TO CONTINUE TO THE SECOND READING OF ORDINANCE NO.
88-915 AND ADOPTING RESOLUTION 88-5099 APPROVING A
ZONE CHANGE AND PRECISE PLAN
Recommendation
Staff recommends approving a continuation of this matter on the
condition the applicant obtain a Conditional Use Permit by May
24, 1988.
Background
The applicant, at the City Council meeting of February 23, 1988,
requested that the City Council continue the second reading of
Ordinance No. 88-915 and approval of Resolution No. 88-5099, and
requested that the condition limiting the hours of the parking
lot be included in a Conditonal Use Permit rather than the
Precise Plan.
The City Council, at their meeting of February 23, 1988, adopted
a text amendment to the Zoning Ordinance which will require a
Conditional Use Permit for businesses which sell special event
tickets.
The City Council, at their meeting of January 12, 1988,
introduced a zone change from R-2, C - Potential, to C-3 and a
precise plan at 720 -8th Street.
Analysis
The Ordinance which will require a Conditional Use Permit for
ticket sales will become effective March 24, 1988. Staff has
prepared a preliminary time line in which the applicant can apply
for the Conditional Use Permit.
Effective date of Ordinance March 24, 1988
Receive application for CUP by March 24, 1988
Staff Review Meeting April 7, 1988
Planning Commission April 19, 1988
1
a�b
As a condition of approval, staff is recommending that the
Condtional Use Permit require the City Council to review the CUP
in conjunction with the zone change and precise plan. A
tentative date for the City Council is May 10, 198: his will
enable the applicant to Publicly Notice is em a ter the
Planning Commission meeting.
Michael Schubach
Planning, Director
'Kevin Northcraft
City Manager
2
'er=a
Associate Manner
COMMERCIAL REAL ESTATE —
SALES, SITE SELECTION AND
LEASE NEGOTIATIONS FOR
CHAIN STORES AND OTHERS
February 23, 1988
Mr. Michael Schubach
Hermosa Beach City Hall
City Planning Department
1315 Valley Drive
Hermosa Beach, California 90254
RE: PROPOSED ZONE CHANGE
TO 720 8TH STREET AND
RESTRICTIONS ON HOURS OF
OPERATION OF THE PARKING LOT
Dear Michael,
1429 4TH STREET
SANTA MONICA
CALIFORNIA 90401.2393
(213) 4518171
FAX (213) 395 6361
The petitioner's desire at this point is to construct a parking lot
which will be.open to customers up to ten o'clock P.M. Sundays thru
Thursday, and up to eleven o'clock P.M. Fridays, Saturdays, and for
the month beginning December 15 thru January 15 each year. These are
the hours of operation the tenant, Music Plus, has been operating for
the past eight years. Recent council action, if enacted, would require
the parking lot to close at ten o'clock P.M. each day, negatively
impacting the tenant's ability to service customers and create sales
tax dollars. In addition, these restrictions are to be put on the
fee interest thru the precise plan, rather than on the user of the
property, Music Plus, through a C.U.P.
At council's suggestion at the January 12th meeting, we entered into
discussions with a neighbor who has claimed substantial negative impact
to her property and lifestyle due to the proposed parking lot, with
the intent of finding ways to ameliorate her difficulties. While we
are optimistic about creating a satisfactory situation for her, we
are still in discussion and are unsure of the outcome.
The petitioners find themselves facing the prospect of the Tenant's
decreasing hours of available parking for customers (won't this result
in increased street traffic?) in order to attempt to alleviate a parking
problem, which is an unacceptable position. In addition, the restriction
placed in the precise plan, rather than in a C.U.P., places restrictions
on the fee which are commercially unreasonable in ,light of current
mortgage and investment practice.
SAVE THE PIER & PAY COMMISSIONS PROMPTLY
FOUNDING MEMBER OF
CHAIN LINKS
01052114
/<�( Me.,
.5,,, 7,
e 01
ot
C' $.Dad^p
CslP•a
OFFICES II;
SAN DIEGO (619) 544.1449
SAN FRANCISCO (415)673-1000
Mr. Michael Schubath
Page Two
February 23, 1988
We will, therefore, ask council 1) to allow the construction of the
parking lot with hours of operation as noted above, 2) to place the
restriction in a C.U.P. and not in the precise plan and 3) to make
the zoning change process and C.U.P. process concurrent for orderly
administration and protection of all the parties interests.
Please call me with any comments or questions you may have.
GC/sl
cc: Lou Fogelman
Terry Pringle
Michael L. Epsteen
Alex Byer
February 29, 1988
City Council Meeting
March 8, 1988
Mayor and Members
of the City Council
ORDINANCE NO. 88-917 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING THE ZONING MAP BY CHANGING THE ZONE FOR
AREAS AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAPS AND
ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION.
Submitted for waiver of further reading and adoption is Ordinance
No. 88-917 relating to the above subject.
At the regular meeting of February 23, 1988, this ordinance was
introduced by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Concur:
Creighton, Rosenberger, Sheldon,
None
None
None
N ORTHC
F , City Manager
Williams, Mayor Simpson
Kathleen Midstokke, City Clerk
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ORDINANCE NO. 88- 917
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING
THE ZONING MAP BY CHANGING THE ZONE FOR AREAS AS DESCRIBED BELOW
AND SHOWN .ON THE ATTACHED MAPS AND ADOPTING AN ENVIRONMENTAL
NEGATIVE DECLARATION.
WHEREAS, the City Council held a public hearing on February
23, 1988 and made the following Findings:
A. The State law requires consistency between the zoning and the
General Plan;
B. Rezoning the subject properties as indicated on the attached
Maps 2 through 3E will result in consistency between the
zoning and General Plan;
NOW, THEREFORE, the City of Hermosa Beach, California, does
hereby ordain amending the Zoning Map for various areas as shown
on the attached maps and described as follows:
1. Area 1, (Map 1) Rezone from R-3 Zone to R-2 Zone, legally
esc ed as Lots 1-15 inclusive & 18-24 inclusive, Block 10,
First Addition to Hermosa Beach; Lots 1-15 inclusive & 18-22
inclusive, Block 9, First Addition to Hermosa Beach; Lot 1,
Parcel Map #10098;
2. Area 1A, (Map 2) Rezone from R-3 Zone to R-2 Zone, legally
described as Lots 1-5 inclusive, Tract #2649; Lots 1-8
inclusive, Hiss Addition to Hermosa Beach;
3. Area 1B, (Map 3 - 3E) Rezone from R-3 Zone to R-2 Zone:
(Map 3A): This area is legally described as:
- Lots 16-36 inclusive, northerly 10' of Lot 37 &
Lot 39, Tract #1132;
- Lots 1-15 inclusive & 30, Block 32, First
Addition to Hermosa Beach;
- Lot 1, Parcel Map #12381;
▪ (Map 3B): This area is legally described as:
- Lots 1-16 inclusive, Block 61, First
Hermosa Beach;
- Lots 1-5 inclusive, Block 31, First
Hermosa Beach;
(Map 3C): This area is legally described as:
- Lots 1-3 inclusive & 6-11 inclusive
First Addition to Hermosa Beach;
- Lot 1, Parcel Map #14210;
- Lots 1-11 inclusive, First Addition
Beach;
Addition to
Addition to
to Hermosa
Block 30,
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- Lots 1-7 inclusive, Block 28, First Addition to
Hermosa Beach;
(Map 3D): This area is legally described as:
- Lots 14-18 inclusive, Block 22, First Addition
to Hermosa Beach;
(Map 3E): This area is legally described as:
- Lots 8-13 inclusive, Block 23, First Addition to
Hermosa Beach;
- Lots 8-14 inclusive, Block 24, First Addition to
Hermosa Beach.
4. This ordinance shall not apply to any projects that have a
completed building permit package on file with the city prior
to February 23, 1988. Said package must include a completed
building permit application form, completed conceptual plans
(plot plan, floor plans, elevation plans and other similar
plans) and a lot survey. Projects that have submitted a
completed building permit package must pursue their
application in a diligent manner and must be issued a bilding
permit within six months of the effective date of this
ordinance.
5. This ordinance shall become effective and be in full force
and effect from and after thirty (30) days of its final
passage and adoption.
6. 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.
7. 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 tbe
passage and adoption thereof in the records of tbe
proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED, and ADOPTED this day of ..
1988.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
2
February 29, 1988
City Council Meeting
March 8, 1988
Mayor and Members
of the City Council
ORDINANCE NO. 88-918 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ADOPTING A TEXT AMENDMENT TO THE DEFINITION OF
"RESTAURANT" AND "SNACK BAR AND/OR SNACK SHOP" AND APPROVAL OF AN
ENVIRONMENTAL NEGATIVE DECLARATION.
Submitted for waiver of further reading and adoption is Ordinance
No. 88-918 relating to the above subject.
At the regular meeting of February 23, 1988, this ordinance was
introduced by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Concur:
Creighton,
None
None
None
Rosenberger, Sheldon, Williams, Mayor Simpson
&zios&
Kathleen Midstokke, City Clerk
IN NORTHCRAFi
City Manager
2d
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ORDINANCE NO. 88-918
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A
TEXT AMENDMENT TO THE DEFINITION OF "RESTAURANT" AND "SNACK BAR
AND/OR SNACK SHOP" AND APPROVAL.OF AN ENVIRONMENTAL NEGATIVE
DECLARATION.
WHEREAS, the City Council held a public hearing on February
23, 1988, to receive oral and written testimony regarding this
matter and made the following Findings:
A. The present Zoning Ordinance does not distinguish between a
"restaurant: and "snack bar and/or snack shop";
B. A distinction between "restaurant" and "snack bar" is
required because of potential parking impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY ORDAIN THE FOLLOWING TEXT
AMENDMENT TO THE ZONING ORDINANCE AND APPROVES AN
ENVIRONMENTAL NEGATIVE DECLARATION.
SECTION 1. The following shall be added to Article 2,
Definition.
A. Add the following to existing definition of
Section 270. Restaurants:
"The establishment shall serve either one of the
following: breakfast, lunch, or dinner or has a
kitchen with equipment capable of serving
breakfast, lunch, or dinner."
B. Add anew section to read as follows:
"An establishment that serves a snack usually for
consumption between meals; specifically, items
such as donuts, ice cream, yogurt, or cookies are
considered snacks, and the Planning Commission
may consider additional items as snacks."
SECTION 2. Add the following to Section 8-2. Neighborhood
Commercial Zone:
"Snack bar/Snack shop; Conditional Use Permit
required subject to Article 10."
SECTION 3. Add the following in alphabetical order to Article
11.5, Section 1152, off-street parking, commercial,
and business uses:
"Snack bar/Snack shop: The parking requirements for
a snack bar and/or snack shop shall be the same as
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that for "restaurant" unless it can be shown to the
Planning Commission that tbe characteristics of the
building, it's location, and other mitigating factors
result in less parking being necessary for the
business."
PASSED,APPROVED, and ADOPTED this day of 1988.
PRESIDENT of the City Council and MAYOR of tbe City of
Hermosa Beach, California.
ATTEST:
PROVED AS TO) FO
CLERK
}/ / CITY ATTORNEY
1• .'
ACTIVITY IDENTIFICATION
Location
a. Address: City-wide, Hermosa Beach, CA 90254
b. Legal: N/A
2. Description
Text Amendment to add Definition of "Restaurant" & "Sanck Bar" to Zoning ordinance
3. Sponsor
a. Name: City of -Hermosa Beach
b. Mailing Address: 1315 Valley Drive
Hermosa Beach, CA 90254
Phone: (213) 376-6984
•
NEGATIVE DECLARATION •.
In accordance with Resolution 79-4309 of the City of Hermosa beach, which im
plements the California Environmental quality Act of 1970 in Hermosa Beach,
the Environmental Review Committee must make an environmental review of all
• private projects proposed to be undertaken within the City, and the Planning
Commission must make an environmental review of all public projects proposed
to be undertaken within the City, which are subject to the Environmental
quality Act. This declaration is documentation of the review and, if it be-
comes final, no comprehensive Enviromnental Impact Report is required for
this project.
FINDING OF ENVIRONMENTAL REVIEW COMMITTEE
Ile have undertaken and completed an Environmental Impact Review of this pro
. posed project in accordance with Resolution 79-4309 of the City Council of
Hermosa Beach, and find that this project does not require a comprehensive
Environmental Impact Report because, provided the attached mitigation meas-
ures are included in the project, it id not have a significant effect on
the environment. Documentation supp ' ngfthi nding is on file in the
.Building Department.
October 8, 1987
Date of Finding
•
Chairman, Enviro,
FINDING OF THE PLANNING COMMISSION
We have undertaken and completed an Environmental Impact Review of this pro-
.ject in accordance with Resolution 79-4309 of the City Council of Hermosa
Beach, and find that this project does not require a comprehensive Environ -
Mental Impact Report because, provided the attached mitigation measures are
included in the project, it wo not h- =10! ignificant effect on the en-
vironment. Documentation s •portin•, i diis on file in the Build-
ing Department.
I- II -g8
Date of Finding a'rman, Planning Commission
FIND 'G OF THE CITY COUNCIL
We have undertaken and •,•leted an environmental Impact Review of this pro-
posed project in accordance with Resolution 70-4309 of the City.Councii of _,
Hermosa Beach, and find this project does not require a comprehensive En-
vironmental Impact'Report because, provided the attached mitigation meas -
urea are included in the project, it would not have a significant effect on.
the environment. Documentation supporting this finding is on file in the:
Building Department.
Date of Finding Mayor, Hermosa Beach City Council .,..
Honorable Mayor and Members of the
Hermosa Beach City Council
Febuary 23, 1988
Regular Meeting of
March 8, 1988
SUBJECT: RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE
TO CREATE AN AMORTIZATION PERIOD FOR THE EXISTING
BUSINESSES THAT REQUIRE A C.U.P. BUT ARE OPERATING
WITHOUT SUCH PERMIT.
INITIATED BY CITY COUNCIL
Recommendation
Staff recommends that the attached Resolution of Intent be
adopted.
Background
At their meeting of January 12, 1988 the City Council directed
staff to return with a Resolution of Intention to send to the
Planning Commission for their recommendations on an amortization
period for all existing businesses that under our present Zoning
would require CUP's but do not possess one.
Analysis
Currently, there are 80 active Conditional Use Permits in Hermosa
Beach. However, staff recognizes the fact that many other
bussinesses are operating absent of a CUP.
Regarding alcohol related businesses alone, there are 20
establishments requiring CUP's under current Code, which are
lacking such permit. Therefore, staff supports the effort to
create an amortization ordinance that will, in turn, bring all
businesses into conformance with the current Code.
Michael Schubach
Planning Director
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Kevin Northcraft
City Manager
Respectfully submitted,
AlaHern- and ez
41.11,
Assistant Planner
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RESOLUTION NO. 88-
A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO DIRECT THE PLANNING COMMISSION AND STAFF TO
STUDY'AMENDING THE ZONING CODE TO CREATE AN AMORTIZATION -PERIOD
FOR BUSINESSES THAT REQUIRE A CONDITIONAL USE PERMITS WHICH,
HOWEVER, WERE IN OPERATION PRIOR TO SUCH REQUIREMENT.
WHEREAS, at the January 12, 1988 City Council meeting, the
City Council requested a Resolution of Intent to study amending
the Zoning Ordinance to create a Amortization Period, after which
businesses requiring a Conditional Use Permit will be required to
obtain one within a specified time and made the following
Findings:
1.
The City
businesses,
Council is desirous
which are subject to
of
the
regulating all
Conditional Use
Permit requirement.
2. The imposition of a Conditional Use Permit will allow the
City to place conditions on the businesses to protect the
health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Hermosa Beach, California, does hereby direct the
Planning Commission and staff to study amending the Zoning
Code to create an amortization period for businesses that
require Conditional Use Permits which, however, were in
operation prior to such requirement.
PASSED, APPROVED AND ADOPTED this 8th day of March 1988.
PRESIDENT of the City Council and Mayor of the City of
Hermosa Beach, California.
ATTEST:
PPROVED 0 F
rte.
ITY CLERK
CITY ATTORNEY
February 29, 1988
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of March 8, 1988
RESOLUTION RELATING TO LEASE WITH OPTION TO PURCHASE
AGREEMENT AND DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATION
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution.
BACKGROUND:
At the regular City Council meeting of February 23, 1988, Council awarded the
bid for the lease/purchase of the equipment and software necessary for the stand
alone dispatch and records systems to Marquette Lease Services, Inc.
ANALYSIS:
All lease companies require the execution of certain legal documents as part of
their standard leasing practice. Among these various legal documents is the
requirement that the City Council adopt a resolution relating to the lease.
The attached resolution, furnished by Marquette Lease Services, Inc., fulfills
that requirement
CONCUR:
Kevin B. Northcr:ft, City Manager.-
ames P. Lough, City Attorney
tfully Su
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Steve S. isniewski
Director of Public Safety
mitted,
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CERTIFICATION OF MINUTES RELATING TO
LEASE WITH OPTION TO PURCHASE AGREEMENT
DATED AS OF
LESSEE: City of Hermosa Beach
V GOVERNING BODY:
KIND, DATE, TIME AND PLACE OF MEETING:
MEMBERS PRESENT:
MEMBERS ABSENT:
✓DOCUMENTS ATTACHED:
Minutes of said meeting (including):
RESOLUTION RELATING TO LEASE WITH OPTION
TO PURCHASE AGREEMENT AND DESIGNATION AS
QUALIFIED TAX-EXEMPT OBLIGATION
I, the undersigned, being the duly qualified and acting recording officer of the Lessee under
the Lease with Option to Purchase Agreement referred to in the title of this certificate,
certify that the documents attached hereto, as described above, have been carefully compared
with the original records of said corporation in my legal custody, from which they have been
transcribed; that said documents are a correct and complete transcript of the minutes of a
meeting of the governing body of said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents approved by the governing body of
said meeting, so far as they relate to said Lease; and that said meeting was duly held by the
governing body at the time and place and was attended throughout by the members indicated
above pursuant to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this/ day of
, 1988.
CTSEAL)
i/
Signature
Name and Title
Page two
Resolution
tf
resolution and moved its adoption:
introduced the following
RESOLUTION RELATING TO LEASE WITH OPTION
TO PURCHASE AGREEMENT AND DESIGNATION AS
QUALIFIED TAX-EXEMPT OBLIGATION
BE IT RESOLVED by the governing body of (the Issuer), as follows:
Section 1. Recitals and Authorization. The Issuer, as lessee, has heretofore entered
into a Lease with Option to Purchase Agreement dated as of (the Lease), with Marquette
Lease Services, as lessor. It is hereby determined that it is necessary and desirable and in the
best interests of the Issuer to enter into the Lease for the purposes therein specified, and the
execution and delivery of the Lease by the Issuer are hereby approved, ratified and confirmed.
Section 2. Designation as Qualified Tax -Exempt Obligation. Pursuant to Section 265(b)
(3) (b) (ii) of the Internal Revenue Code of 1986 (the Code), the Issuer hereby specifically
designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3) of
the Code. In compliance with Section 265(b) (3) (D) of the Code, the Issuer hereby represents
that the Issuer will not designate more than $10,000,000 of obligations issued by the Issuer in
the calendar year during which the Lease is executed and delivered as such "qualified tax-
exempt obligations."
Section 3. Issuance Limitation. In compliance with the requirements of Section 265
(b) (3) (C) of the Code, the Issuer hereby represents that the Issuer (including all "subordinate
entities" of the Issuer within the meaning of Section 265 (b) (3) (E) of the Code) reasonably
anticipates not to issue in the calendar year during which the Lease is executed and delivered,
obligations bearing interest exempt from federal income taxation under Section 103 of the Code
(othcr than "private activity bonds" as defined in Section 141 of the Code) in an amount
greater than $10,000,000. Attached hereto as Exhibit A is a list of all such obligations issued
by the Issuer (including any "subordinate entity") during such calendar year.
Chairperson
ttest:
N./'
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Page three
Resolution
The motion for the adoption of the foregoing resolution was duly seconded
by✓
voted in favor thereof:
and the following voted against the same:
, and upon vote being taken thereon, the following
whereupon said resolution was declared duly passed and adopted.
M
Law Offices of James P. Lough
JAMES P. LOUGH
February 26, 1988
MEMORANDUM
CITY OF HERMOSA BEACH
30 NORTH RAYMOND AVENUE
SUITE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 792-4728
(818) 7924776
REGULAR CITY COUNCIL MEETING OF MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Lot Merger Appeals
Recommended Action: To approve the attached resolution.
This matter was referred to the City Attorney for a report
back to the City Council on various issues dealing with the Lot
Merger procedures. After a careful review of the City's proc-
esses for lot mergers, I have come to the following conclusions:
1. Any member of the City Council may file an appeal of a
determination of nonmerger within ten (10) days of a
Planning Commission decision under Section 29.5-28 of
the Hermosa Beach Municipal Code.
2. The City Council, after referral of the matter to the
Planning Commission, may repeal Section 29.5-21(d)
which allows a determination of nonmerger even though
the lots meet all of the criteria for merger.
This matter arose when the Planning Commission determined
that three properties should not be merged even though they met
all the merger criteria. An appeal was filed by Mayor Simpson
in a timely manner (HBMC 29.5-28). Since this was the first
such appeal, the City Attorney had some questions about whether
the appeal process was appropriate in this instance. After a -
review of the state code and local ordinances, it is apparent
such an appeal may be taken by an individual councilmember.
Section 29.5-28 differs from other appeal sections in that
it allows an individual councilmember to appeal a merger matter
to the City Council. Other appeal sections in the code do not
allow for such an appeal except by payment of fees like any
other citizen. This section will allow council appeals in a
manner similar to Manhattan Beach where one member of the
council can appeal a planning matter.
The appeal section is also not affected by the mandatory
filing requirements found in other sections. The filing
22/SR0308A -1-
February 26, 1988
REGULAR CITY COUNCIL MEETING OF MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Lot Merger Appeals
requirements under Sections 29.5-25 and 29.5-26 do not take
effect if an appeal is taken. No decision of the Planning
Commission is final until after the ten-day appeal period has
run. If no appeal is filed, the notice provisions telling the
County Recorder the result of the hearing are never sent until
after the City Council determination.
The recent decisions of the Planning Commission to not merge
certain properties, which are the subject of Mayor Simpson's
appeal, were done in a manner consistent with the applicable
ordinances and state laws. The decision to unmerge can be made
even though the properties meet all of the requirements for
merger. This is based on Government Code Section 66451.16.
While the state laws allow the City to unmerge lots in this
manner, it is not a state requirement and the City could amend
the ordinance and remove this loophole. To do so, the matter
-
should be referred to the Planning Commission for its advice and
recommendation.
NOTED:
00
KEVI11 B. NO HCRAFT, City Manager
Respectfully-sibmitted,
Attachment
22/SR0308A -2-
AMES P. LOUGH, City At orney
ITY OF HERMOSA BEACH
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RESOLUTION NO. 88 -
RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH, CALIFORNIA, TO DIRECT THE
PLANNING COMMISSION AND STAFF TO STUDY AMENDING
CHAPTER 29.5, ARTICLE IV (MERGER OF PARCELS).
WHEREAS, at the March 8, 1988 City Council meeting, the City
Council requested a Resolution of Intent to study amending the
Merger of Parcels Ordinance to apply said ordinance in a more
uniform manner and made the following findings:
1. The City Council is desirous of applying the lot merger
process in a more uniform manner to all similarly situated
property owners.
2. The failure to merge lots that meet all criteria for
merger creates differing standards for mergers of like
properties.
NOW, THEREFORE, BE IT RESOLVED that the City council of the
City of Hermosa Beach, California, does hereby direct the
Planning commission and staff to study amending Chapter 29.5,
Article IV (Merger of Parcels) to make its application more
///
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///
///
///
22/RES08 -1-
1
2
3
4
5
6
7
8
9
10
uniform so that all properties subject to the merger ordinance
will be treated equally.
PASSED, APPROVED AND ADOPTED ON THIS 8TH DAY OF MARCH, 1988.
ATTEST:
CITY CLERK
APPROVEDTO FORM:
13
1
•r
16
17
18
19
20
21
22
23
24
25
26
27
28
TY ATTO EY
22/RES08 -2-
PRESIDENT OF THE CITY COUNCIL
AND MAYOR OF THE CITY OF
HERMOSA BEACH
March 8, 1988
City Council Meeting.
March 8, 1988
Mayor and Members
of the City Council
RESOLUTION ISOLATING THE 4% UTILITY USERS INCREASE
IN A SEPERATE FUND
RECQMMENDATWQN
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, DIRECTING THE 4% INCREASE IN
UTILITY USERS TAX EFFECTIVE MARCH 1, 1988, BE MAINTAINED IN A
SEPERATE FUND SOLELY FOR THE PURPOSE OF THE COSTS OF ACQUISITION
AND FINANCING OF THE PROPERTY COMMONLY KNOWN AS THE A.T. & S.F.
RAILROAD RIGHT-OF-WAY."
pAS GROUND
At the City Council meeting of February 24, 1988, staff was given
the direction to prepare a resolution which would insure that the
4% Utility Users Tax would be isolated in the Parks and
Recreation Facilities Tax Fund and shown on the Budget Summary of
Accounts made available each month, to include any interest
accured.
After several drafts, all parties agree that this resolution best
serves the purpose of the direction of Council.
Concur:
evin orther-"ft, City Manager
Concur:
Gar
i y Treasurer
eted4z,zer
Kathleen Midstokke, City Clerk
Concur:
14/2!x_ G . 14/4C
Viki Copel nd, Finance Admin.
RESOLUTION NO. 88-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DIRECTING THE 4% INCREASE IN UTILITY USERS TAX
EFFECTIVE MARCH 1, 1988, BE MAINTAINED IN A SEPERATE FUND SOLELY
FOR THE PURPOSE OF THE COSTS OF ACQUISITION AND FINANCING OF THE
PROPERTY COMMONLY KNOWN AS THE A.T. & S.F. RAILROAD RIGHT-OF-WAY.
WHEREAS, the Utility Users Tax in the City of Hermosa Beach
was raised from six percent (6%) to ten percent (10%) by the
electorate at the General Municipal Election held on November 3,
1988; and
WHEREAS, the intent of the City Council is that this
additional amount of money collected be used for the costs of
acquisition and financing Of the property commonly known as the
A.T. & S.F. Railroad right-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the additional 4% Utility Users Tax which
begins March 1, 1988 in the City of Hermosa Beach be designated
Utility Users Railroad Right -Of -Way Funds, and be kept in a
separate fund by that name.
SECTION 2. That the monies collected in this special
fund, including all interest accrued, be used solely fOr the
purpose of the costs of acquisition and financing of the property
commonly known at the A.T. & S.F. Railroad right-of-way.
SECTION 3. That the City Treasurer shall report the fund
balance to the City Council on a monthly basis.
//
//
//
SECTION 4. That the City Clerk shall certify to the passage
and adoption of this resolution and enter it into the book Of
Original resolutions.
PASSED, APPROVED AND ADOPTED THIS day Of , 1988.
ATTEST:
CITY C ERK
PRESIDEN of the City COune l,'and
MAYOR Of the City of Hermosa Beach
PPROVED AS RM:
1111114
A ORN Y
lopf
February 11, 1988
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council March 8, 1988
AUTHORIZATION TO SOLICITS BIDS
ELECTRICAL/MECHANICAL IMPROVEMENTS FOR
COUNCIL CHAMBERS & COMMUNITY CENTER
CIP 86-602, 86-604
Abstract:
This item is before City Council for the following purposes:
1. A decision on whether to air condition the Council Chambers
and to appropriate the necessary dollars.
2. Appropriate additional construction dollars for the Community
Center Theatre air conditioning and furnace system, which is
consistent with the November 10, 1987 Council action (Exhibit
A) to appropriate these funds after the design is complete.
3. Advertise for bids for any or all of the following:
a. City Hall electrical upgrade.
b. Council Chambers air conditioning.
c. Community Center Theatre air conditioning and furnace.
Recommendation:
It is recommended that City Council:
1. authorize proceeding with the installation of an air
conditioning system in the Council Chambers; and
2. authorize the following appropriation of funds:
a. $44,947 from the designation for contingency in the
General Fund to CIP 86-602 (for the Council Chambers' air
conditioning), and
b. $50,290 from the designation for contingency in the
General Fund to CIP 86-604 (Community Center Theatre air
conditioning and furnace); and
3. authorize staff to advertise for bids for the
electrical/mechanical improvements for the Council Chambers
(CIP 86-602) and Community Center (CIP 86-604), and issue
addenda as necessary.
1
10
Background:
Historical Background
On June 23, 1987, City Council approved the FY 87-88 Capital
Improvement Budget, which included the following:
Community Center Air Conditioning $45,000
Community Center Furnace Replacement $ 8,000
On August 11, 1987, City Council was presented a report outlining
deficiencies in the City Hall electrical system. City Council
appropriated $74,250 for the provision of electrical upgrade at
City Hall.
On August 25, 1987, City Council authorized solicitation of a
request for proposal for various electrical/mechanical/structural
improvements. In addition to the work described above, City
Council appropriated an additional $6,000 for the provision of
designing (only) an air conditioning system In the City. Hall
Council Chambers and investigating extending the Council Chambers
into the foyer.
***********
On November 10, 1987 City Council authorized the Mayor to sign an
agreement with Joncich, Sturm and Associates (JSA) for architect-
ural services for the various electrical/mechanical/structural
capital improvements for the Hermosa Beach Council Chambers and
Community Center Theatre, at a cost not to exceed S19,250, and to
consider appropriation of construction dollars after the design
is completed. (A copy of this agenda item is attached as Exhibit
A.) A Notice to Proceed was issued December 8, 1987, and design
work began on December 14, 1987.
On January 26, 1988 City Council took formal action to not
proceed with final design for the Council Chambers/Foyer area
renovation, (and to proceed only with the electrical/mechanical
design for the Council Chambers & Community Center.)
Analysis:
The plans and specifications for CIP 86-602 and 86-604 are now
complete, have been approved by the Building Department, and are
on file in the Office of the City Clerk. (Exhibit B indicates a
summary of the work involved). A Project Schedule is attached as
Exhibit C.
2
The remainder of this analysis is divided into the following
sections:
1. Council Chambers
2. Community Center Theatre
3. Fiscal Impact
4. Alternatives
1. Council Chambers
To date, no construction funds have been appropriated for the
installation of an air conditioning system in the Council
Chambers, since Council took formal action ( on November 10,
1987) to consider appropriation of construction dollars after the
design is complete. The design is now complete, and $44,947 must
be appropriated to CIP 86-602 to proceed with construction.
2. Community Center Theatre
In the November 10, 1987, agenda item, staff indicated to Council
that the architect's estimated construction cost for the air
conditioning/furnace system in the Community Center Theatre was
approximately $59,000. Now that the design has been completed,
the estimated construction costs have increased to $83,700.
This represents a cost increase of $24,700 or 427. Reasons for
this increase are indicated in a letter from the architect
presented as Exhibit E, and include the following:
1. The larger new condensing unit must be located on the
roof, and not in the mezzanine, as originally assumed.
Approximate cost increase: $5,000
2. A new duct system (including fan, filter plenum and
economizer) is required, rather than utilizing the
existing duct system, as originally assumed.
Approximate cost increase: $14,000
3. A new electrical power service had to be added to the
project to handle the new equipment load; rather than
modifying the original power service, as originally
assumed.
Approximate cost increase: $5,700
Total approximate cost increase: $24,700
Simmons Architects, the original architects for the. Community
Center renovation were contracted to review JSA's design and
notified staff that JSA's design concept is appropriate. They
also indicated that their mechanical engineer (the original
Theatre remodel project engineer) was consulted by JSA throughout
the design phase, in order to provide design continuity.
3
3. Fiscal Impact
The architecture's estimate of construction costs was prepared by
JSA and is 'attached as Exhibit D. This estimate results in the
following fiscal impact:
ESTIMATED ESTIMATED TOTAL CITY COUNCIL ADDITIONAL
CONSTRUCTION INSPECTION ESTIMATED BUDGET FUNDS
PROJECT DESIGN COST COSTS COSTS COST AMOUNT REQUIRED
CIP 87-602
a. City Hall
elec. upgrade $ 5,000 $ 62,500 $1,650 $ 69,150 $74,250 -0-
($5,100 excess)
b. Council
Chambers air
conditioning $ 4,800 $ 38,965 $1,400 $ 45,165 $6,000 $39,165
(design only)
Subtotal $ 9,800 $101,465 $3,050 8114,315 $80,250 *34,065
Approx 10%
contingency $ 430 $_1(12211Z $ 305 $ 10.882 0 $10,882
TOTAL ,2
1030 $111612 $3,355 $125,197 $80,250 $44,947
CIP 87-604
a. Community
Center, air
cond. & furn. $8,200 $83,700
Approx 10%
contingency $820 $ 8.370
TOTAL $9,020 $ 92,070
$2,000 $93,900 $53,000 $40,900
$ 200 $ 9.390 0 $ 9.390
$2,200 $103,290 353,000 •$50,290
Staff recommends that $44,947 be transferred from the designation
for contingency in the General Fund to CIP 86-602 and $50,290
from designation for contingency in the General Fund to CIP
86-604, as follows:
Funding
Source
6/30/88
Fund Balance
Contingency in the
General Fund
* $368,088
Remaining
Requested Fund
Amount Balance
$ 44,947 (CIP 86-602)
50,290 (CIP 86-604)
$ 95,237 $272,851
* Contingent upon Council approval of the 03/08/83• mid -year
'budget review.
4. Alternatives
Other alternatives considered by staff and available to City
Council are':
1. Modify the scope of work.
2. Postpone the project until a later time, possibly resulting
in no air conditioning in the Community Center for the
upcoming theatre season.
3. Drop the project.
Respectlly submitted,
Deborah M. Murphy
Assistant Enginee
Concur:
Bill Grove
Director of ilding
and Safety
Concur:
1 -
Viki Copeland
Finance Administrator
Attachments: Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
emi/c
Concur:
hony Antich
Public Works Director
Concur:
'kevin B. ort _ ' raft
City Manager
CITY MANAGER COMMENT:
The current fiscal year budget already
has funded many capital projects that
will reduce City reserves. In order
to review and prioritize all capital
needs together and get the input of our
newest Councilmembers, it is suggested
that these items be deferred until
FY 88-89 budget considerations, unless
a case for urgent action is proven.
KBN
November 10, 1987 Agenda Item
Summary of Scope of Work
Project Schedule
Architect's Estimate
Project Cost Increase letter from JSA
c.c. Alana Mastrian - Director of Community Resources
Honorable Mayor and Members of
the Hermosa Beach City Council
Exhibit A
November 3, 1987
Regular Meeting of
November 10, 1987
AWARD OF DESIGN AGREEMENT FOR CIP 602 & CIP W604
VARIOUS ELECTRICAL/MECHANICAL/STRUCTURAL IMPOVEMENTS FOR
COUNCIL CHAMBERS AND COMMUNITY CENTER
Recommendation:
It is recommended that City Council:
1. Authorize the Mayor to sign an agreement (Attachment I) with
Joncich, Sturm and Associates for architectural services for
the various electrical/mechanical/structural capital
improvements for the Hermosa Beach Council Chambers and
Community Center Theatre at a cost not to exceed $19,250.
2. Consider appropriation of construction dollars after the
design is completed.
Background:
On June 23, 1987, City Council approved the FY 87-88 Capital
Improvement Budget, which included the following:
Community Center Air Conditioning $45,000
Community Center Furnace Replacement $ 8,000
On August 11, 1987, City Council was presented a report outlining
deficiencies in the City Hall electrical system. City Council
appropriated $74,250 for the provision of electrical upgrade at
City Hall.
On August 25, 1987, City Council authorized solicitation of a
request for proposal for various electrical/mechanical/structural
improvements. In addition to the work described above, City
Council appropriated an additional $6,000 for the provision of =
designing (only) an air conditioning system in the City Hall
Council Chambers and investigating extending the Council Chambers
into the foyer. It was estimated that the construction cost of
the Council Chambers air conditioning could cost nearly $31,000.
The request for proposal was mailed to eight firms on August 28, "-
1987 and written proposals were received on September 22, 1987.
1
q
Analysis:
The three firms submitting proposals and their cost are as
follows:
Joncich, Sturm & Associates
Black, O'Dowd & Associates
Richard T. Santos, Architect, Inc.
Design Fee Not to Exceed
$13,300
$33,070
$27,300
The lowest cost proposal was submitted by Joncich, Sturm &
Associates (JSA). All supplied references for similiar work
commented highly of the architect's work.
After reviewing all proposals and interviewing each architect,
staff refined the original scope of work and received a revised
proposal from JSA in the amount of $17,500. JSA is still the
lowest cost proposal and is the architect that best meets the
needs of the City.
Fiscal Impact:
Project
Estimated
Design Cost
Architect's
Estimated
Constr. Cost
Total
Est. Cost
CIP 87-602
a. City Hall,
elec. upgrade
b. Council
Chambers, air
cond. & Council
Chambers structural
remodel
$ 5,000
4,300
CIP 87-604
a. Community
Center, air cond.
& furnace
8,200
Total $17,500
107. contingency 1,750
Grand Total $19,250
$ 70,400
30,080
59,000
$159,480
included
$159,480
$ 75,400
34,380
67,200
City Council
Budget
$ 74,250
6,000
(design
only)
53,000
$176,980 $133,250
1,750 N/A
$178,730 $133,250
The total project design cost is not to exceed $19,250, which is
within the total project budgeted costs of $133,250. More
accurate estimated construction costs cannot be determined until
the preliminary design is complete. Staff will return to Council
after the design is complete for additional construction dollars,
if necessary.
2
Alternatives:
Other alternatives considered by staff and available to Council
are:
1. Modify the scope of work.
2. Drop the project.
Respectfu ubmitted,
De•orah M. Murphy
Assistant Engineer
cur:
Gayl®►T. Martin
Interim City Manager
DMM:AA:mv
award/m
Concur:
t ony Antich
Director of Public Works
Noted for Fiscal Impact:
Viki Copeland
Finance Administrator
Attachments: Attachment 1 - Professional Services Agreement
Attachment 3 - Project Schedule
cc: Alana Mastrian
3
.JSA 839 So. Beacon Street
Joncich. Sturm & Associates Suite 214
Architecture San Pedro. California 90731
213 831-2372
ft
Y
YYYY
YYY
N#
February 10, 1988
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Exhibit B
Attn: Ms. Deborah Murphy
Subj: City Hall/Community Center Mechanical/Electrical Renovation
Dear Ms. Murphy:
The list below describes the provisions included in the contract documents for
the subject project:
1. Remove community center theater furnace, fan, motor and limited ductwork,
piping and wiring.
2. Add new 30 ton heat pump on community center roof with electrical/mech-
anical hook-ups.
3. Add new economizer controls, new filter plenum, new exhaust return fan and
some new ductwork and piping in community center theater mechanical mezzanine.
4. Add new 16 ton cooling condensing unit to City Hall council chambers roof
with electrical/mechanical hook-ups.
5. Add new direct expansion cooling coil in existing city hall mechanical.room.
6. Revise city hall controls and ductwork for economizer controls.
7. Add new structural support system for new rooftop mechanical units on commu-
nity center and council chambers roofs.
8. New autotransfer switch and generator.
9. New uninterruptable power supply for police station dispatch area.
10. New automatic restart for computer in city hall.
11. Separate computer electrical loads from panel in city hall.
JSA
Joncich, Sturm & Associates
Architecture
February 10, 1988
City of Hermosa Beach
Attn: Ms. Deborah Murphy
Page Two
12. New 400 amp electrical service for community center theater HVAC unit.
13. New 3 phase electrical service for council chambers HVAC unit.
If you have any questions about these items, please contact our office.
Sincerely,
%a44;t_io tilivi.Qnn �7r)
Daniel Whalen
Project Architect
DW/jp
•rt
..Q
CONSTRUCTION SCHEDULE {�
Cst l.../n/LZMs}4/C.q/MA2O✓E.MENTS
PROJECT NAME t t 201.ti n Ail /13c�5. l W1 ntuAbry CFVTE.e-.
G/ 86-002,
ACCOUNT NUMBER : dOl — 40,- 646- 4,20/
TASKS
Final design approval
for construction
LEGEND
TENTATIVE SCHEDULE : suommintim
ACTUAL SCHEDULE':ammiminimin
X : 100% COMPLETE
1
JUL 1
AUG 1
SEP 1 OCT 1 NOV I I
DEC
1 1 1 1 I I I
I I I 1 1 1. I
I I I I t'
I 1 I I 1
I I I I I
I I I I
1.. 1 I
1
JAN I FEB 1
MAR 1 APR 1
1
MAY JUN
before advertising (� L e 1 1 1
vi Prepare advertisement
date
w
•
i
•
& set bid opening
Advertising period
(issue addendums as necessary)
Accept sealed bids & public bid opening
Review bids
Award contract
Sign contract
(bonds,insurance & workers comp. cert.)
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 close out
■
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1
IN MI MN NM ILI MI
MINN MI MI6 �OM IN.
1
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1 1
I I
1 1
I I
I I
1
PRO&CIT lolliComm v rer
A LOCmumOSa•
1?ea I CA
A1E
QUANTITY
Ouised from *b88
A/E ESTIMATE
CONSTRUCTION COST ESTIMATE
PLAN NO.
DESCRIPTION
g37—l0'3
MATERIAL
CONCEPT
0
❑ DETAIL
INTERMEDIATE
0 SUMMARY
FIfL
DATE bL�J¢l m 84 1
ESTIMATOR � , �J_ a
tzti
CHECKED ((/'�
OF
LABOR -
SUB CONTRACTOR
TOTAL
"LEH court • _�.,��IT
�•✓ e�era
/AV v 4, o
4 �O.+i - of 4er
starl
► C l ava.GO vs
/D/0 Ol/F-C/fii/?O
oh
/o% Pearl
UNIT
TOTAL
UNIT
TOTAL UNIT TOTAL UNIT
TOTAL
Count I c a ne I lew
vhechav4tcal s stews
1. h c a / ort.- a=ooao
2, Si ra I svrpor/
A' •• lee .air
4. Mw 3 ha power aid
5 ISc I/ Bvs
/o/0 v,E, !>
lel %n RoF
IOTA- .
zr Ceviw►vwjl Coyote "Mott
tiet1 a bawl c a) sy 6144 1
1, Ora In ' cat 0 -.
2• Stew ra sv pportS
_3, goa cF to ali-
t. NW 40o sip Powe -
5 ,est, stet/ an eau:
i .lg.'''. • I
/1J 7v 'RoFrr
7OTirL
500
'Pi 000
26 0 00
3, 00 o
s -,o 00
s-, o00
6 2, 50
0
1; 7.6
30
000
000
3, 2
3, 200
•Erl 145
•
!RAND ToT/1-4..•
so poo
1, So o
f.2 -0o
2
D
ooO
0 00
Is 700
11111111714.
JSA
Joncich, Sturm & Associates
Architecture
February 24, 1988
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Ms. Deborah
SUBJECT: Hermosa
Project
Dear Ms. Murphy:
Murphy
839 So. Beacon Street
Suite 214
San Pedro, California 90731
213/831-2372
Exhibit E
Beach Community Center Theatre Air Conditioning
Cost Increase
In our office's request for proposal, dated November 3, 1987, we estimated
the construction cost for new air conditioning in the Hermosa Beach Community
Center Theatre by making the following assumptions of the existing conditions:
a)
b).
c).
d).
Locating new condensing unit in mechanical mezzanine.
Existing duct system is adequate for new air conditioning system.
Existing mechanical mezzanine can support new equipment loads.
Existing electrical service is adequate for new air conditioning
equipment.
Item "a" above was changed due to inadequate air flow in the mezzanine for
the new condenser. Instead, the new condenser is to be located on the roof.
Item "b" was changed. The attached letter from our mechanical consultant
outlines the necessity for new work.
Item "c" was changed since new condenser unit could not be located inside
building mechanical mezzanine. New structural supports and roof repairs
became necessary when the new .condenser unit was to be positioned outside
on an existing roof.
Item "d" was changed. The existing electrical service could,not handle the
new mechanical equipment loads. A new 400 amp electrical power service had
to be added to the project to handle the new equipment loads.
Please find attached a letter from our mechanical consultant which specifically
outlines the changes in the new mechanical system, from their initial site visit
to their final design.
JSA
Joncich, Sturm & Associates
Architecture
City of Hermosa Beach,.
February 24, 1988
Page -2-
Please contact our office if you have any further questions.
Sincerely,
aniel alen
PROJECT ARCHITECT
DW/crf
Enclosures
• N.
010..410,
• ,
•
• ,N
.;.
ft ,.,,0•,,,,,,f41,4
February 29, 1988
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of March 8, 1988
REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS FOR PURCHASE
OF FOUR INCH FIRE HOSE AND FITTINGS FOR THE FIRE DEPARTMENT
RECOMMENDATION:
It is recommended that City Council authorize the Fire Department to solicit
proposals for the purchase of four inch fire hose and fittings.
BACKGROUND:
In order to improve the firefighting capabilities of the Hermosa Beach Fire
Department, Council authorized funding in the 1987-88 budget for the purchase of
four inch fire hose.
ANALYSIS:
There are some fire hydrants in the City with very low fire flow capabilities.
This, coupled with the friction losg which results as water flows through small
diameter fire hose, prompted the Fire Department to consider use of large
diameter fire hose.
The use of large diameter fire hose, with its superior flow/loss charac-
teristics, allows a water main to be laid almost instantly between the hydrant
and the pumper, even if the pumper is hundreds of feet away. This allows an
adequate supply of water to be brought to the scene of a fire, and enables the
firefighters to successfully extinguish the fire with minimal property damage.
Experience throughout the country has shown that four inch fire hose is capable
of producing the desired results for fire fighting. We feel that the purchase
of this size hose will increase the department's capability to protect the pro-
perty of Hermosa's citizens.
CONCUR:
,ate
Kevin B. Northc aft, City Manager
Steve S. Wisniewski
Director of Public Safety
11
REQUEST FOR PROPOSAL
The City of Hermosa Beach is soliciting bids from responsible distri-
butors to:
Furnish to the City of Hermosa Beach; 4 inch fire hose and fittings
as specified.
SUBMISSION OF PROPROSALS
Proposals must be on file in the office of the Director of Public Safety
on or before 2:00 PM on March 24, 1988. The Director of Public Safety re-
serves the right to extend any time frame.
No late proposals will be accepted. Late proposals, if received, will be
returned unopened.
Proposals
Inch Fire
the lower
are to be submitted in a sealed envelope with "Proposal for 4
Hose & Fittings for the Fire Department" written or typed in
left hand corner of the envelope.
A summary and description of the equipment to be purchased is attached to
this RFP as Exhibit I and II.
For additional information and other particulars regarding this project,
contact:
Lee Lickhalter
540 Pier Avenue
Hermosa Beach, California 90254
(213) 376-2470 or 376-2479
EVALUATION OF PROPOSAL AND BASIS FOR AWARD
1. The City of Hermosa Beach intends to make an award to the responsible
vendor meeting all the requirements of the RFP whose proposal is most
advantageous to the City of Hermosa Beach.
2. The City of Hermosa Beach reserves the right to negotiate with the
overall lowest responsible vendor.
3. The City intends to make an award within 30 days of the bid
date.
4. The City reserves the right to reject any and all bids, and
any informalities.
5. All bids must comply with HBMC Art. IV, Purchasing.
-1-
closing
to waive
EXHIBIT I
EQUIPMENT LIST SUMMARY
Quantity "HOSE"
18 4 inch fire hose in 100 ft. lengths
4 4 inch fire hose in 50 ft. lengths
2 4 inch fire hose in 25 ft. lengths
All hose, couplings and fittings as specified in exhibit II.
FITTINGS
2 4" to 2 1/2" male/female adapters
4 4" to 4" double male adapters
4 4" to 4" double female adapters
2 4" gated relief valves
4 4" spanner wrenches
2 4" hose clamps
2 2 1/2" "T.F.T." #HTFT-VTGI with pistol grip (no substitutions)
2 2 1/2" to 1 1/2" tapered adapters #HTFT-A (no substitutions)
4 1 1/2" "T.F.T." 10-125 G.P.M. nozzle (no substitutions)
HERMOSA BEACH FIRE DEPARTMENT
EXHIBIT II
4" HOSE F.D. Spec #1988
1. HOSE CONSTRUCTION
1.1. Hose meeting this specification shall consist of a 100% syn-
thetic high tensile yarn reinforcement circular woven in a
"TWILL CONFIGURATION" to maximize hose flexibility and elimi-
nate any left hand twist.
1.2. The woven reinforcement shall be totally encased in a matrix
of ozone resistant nitrile rubber utilizing a single, THROUGH
THE WEAVE EXTRUSION PROCESS, thereby eliminating the possibil-
ity of delamination.
1.3. The unitized finished product shall thereby optimize hydrostatic
properties, abrasion resistance and rubber yarn adhesion.
2. LINING AND COVER PROPERTIES
When tested in accordance with the procedures listed in NFPA 1961-79
and other related standards, liner and cover shall have the following
properties:
2.1. Ultimate Tensile Strength: Tensile strength of lining and
cover rubber compound shall not be less than 1750 psi.
2.2. Ultimate Elongation: Ultimate elongation of liner and cover
shall not be less than 500%.
2.3. Permanent Elongation: Permanent elongation of liner shall
not be greater than 25%.
2.4. Accelerated Ageing Test: The tensile strength and ultimate
elongation of the vulcanized rubber compound which has been sub-
jected to the action of oxygen at a pressure of 300 + 18 psi
and a temperature of 70 + 1 C (158 + 18 F) for a period of
96 hours shall not be less than 65% of the original value.
2.5. Adhesion: Adhesion between reinforcement and either cover or
liner shall be a minimum of 15 lbs. when tested using the NFPA
1961-79 procedure. The strip will however be 1" wide not
1 1/2".
2.6. Ozone Resistance: Hose shall show no visible signs of crack-
ing of the lining or cover when tested in accordance with ASTM
D1149-81 and ASTM D518-83, Precedure B, 100 pphm/118 F/70 hours.
2.7. Chalking: Hose furnished to this specification shall not react
adversely to environmental changes (chalking caused by exposure
to sunlight).
2.8. Chemical Resistance: Exposure to sea water and contamination
by most chemical substances, hydrocabons, oils, alkalis, acids
and grease must have no effect on the short or long term perfor-
mance of the hose. Standard chemical resistance charts shall be
provided by manufacturer.
3. SAFETY FACTORS
3.1. Abrasion Resistance Safety Factors: Abrasion resistance bears a
direct relationship to the safe performance of the hose on the
fireground and as such will not be compromised. The Reciprocat-
ing Test - listed first - is felt to most closely reproduce this
fire departments actual fireground conditions and is therefore
considered of prime importance to the Purchasing Authority. Hose
meeting all the abrasion resistnace safety factors listed below
shall do so without exceeding the average weights listed in para-
graph 6.3. of this specification.
3.1.(a) Safety factor to damage - Reciprocating Test.
Safety factor to damage Reciprocating Test: Hose shall
withstand 7,000 cycles on a reciprocating abrasion tester
as specified in UL Std 219 resulting in no delamination
or damage to the reinforcing yarns.
3.1.(b) Safety factor to exposure - Taber Test
Safety factor to exposure Taber Test: Hose shall with-
stand 18,000 cycles on the taber abrasion machine H22
wheels, 1,000 gm total load per wheel without any exposure
of the synthetic reinforcement fibers.
3.1.(c) Safety factor to damage - Taber Test
Safety factor to damage Taber Test: Hose shall withstand
26,000 cycles on the taber abrasion machine H22 wheel,
1,000 gm total load per wheel without damage to the
synthetic reinforcement fibers.
3.2. Cold Resistance Safety Factor:
3.2.(a) Cold resistance bears a direct relationship to the safe
performance of the hose on the fireground and as such
will not be compromised. Hose meeting the cold resist-
ance safety factors listed below shall do so without
exceeding the average weights listed in paragraph -673.
3.2.(b) Hose shall have a capability of safe use down to -36 F.
Hose shall have no apparent damage to cover cold bending
test: A 50 foot length of dry hose is to be firmly coiled
and placed in a cold box at -36 F for a duration of 24
hours. Immediately after removal of the hose from the
box, hose should be uncoiled and laid out by one operator.
Following this procedure, the hose shall not leak or show
any damage to the reinforcement when subjected to hydro-
static acceptance test pressure as herein listed in item
4.1.
3.3. Heat Resistance Safety Factor:
3.3.(a) Heat resistance bears a direct relationship to the safe
performance of the hose on the fireground and as such
will not be compromised. Hose meeting the heat resist-
ance safety factors listed below shall do so without
exceeding the average weights listed in paragraph6.3.
of this specification.
3.3.(b) The hose when subjected to a static pressure of 100 psi
shall be capable of safely withstanding a surface temper-
ature of 1200 F for a minimum of two minutes without
bursting. Heat resistance to be demonstrated on request
of Purchasing Authority.
3.4. Proven Performance Safety Factor: Proven performance is of prime
concern to the Purchasing Authority. A list of at least ten fire
departments, complete with addresses and telephone numbers that
currently have in service the product you intend to supply to this
specification, shall be submitted with the bid. Include type of
product, size, footage, and date delivered.
4. PERFORMANCE CHARACTERISTICS
4.1. Hydrostatic Pressure Test: The hose shall comply with the per-
formance requirements of Chapter 5 of the National Fire Preven-
tion Association Specification; NFPA 1961 (1979).
Diam
Acceptance
Pressure
4" Hi -Vol 400 psi
Kink Proof Short Length
Pressure Burst Pressure
400 psi
700 psi minimum
4.2. Friction Loss: The friction loss characteristics of the hose at
100 psi residual pressure shall ensure that the hose performs to
the figures detailed below:
Loss in Pressure psi
Over 100 feet for Diam. Shown
50 100 125 150 200 300 400
4" Hi -Vol
Flow in U.S. Gals/Min
500 600 700 800 900 1000 1500 2000
3.0 4.4 6.0 7.8 10.0 12.2 27.5 48.8
4.3 Repairability: Cover damage, punctures and other small holes
must be able to be repaired with a vulcanizable patch technique
inside and out and thereby be restored to full operational per-
formance.
4.4. Training: To insure proper performance of the hose on the fire -
ground, the successful bidder shall provide at no cost to the fire
department, full "hands on" training in the use of the large diam-
eter hose system. Upon completion of the training program, suc-
cessful bidder shall provide the fire department, free of charge,
a full length training video detailing all aspects and uses of the
large diameter hose system.
5. INSPECTION
5.1. Inspection: Purchasing Agent shall reserve the right to visit the
manufacturing plant during each phase of the production operations.
Hose construction, lining and cover properties, safety factors and
performance characteristics will all be taken into consideration,
in insuring that the hose to be supplied is made exactly to these
specifications. Such inspection at vendor's expense.
5.2. Warranty: The manufacturer warrants the hose to be free from de-
fects in materials and workmanship for a period of ten years. This
warranty shall provide for the repair or replacement of hose and
couplings proven to have failed due to faulty material or workman-
ship. The manufacturer further warrants the hose for the first
two years of its service life against failure due to exposure to
chemical attack or burning (hot embers, etc.). Hose proven to have
failed due to chemical attack or burning during this two year
period will be replaced at no cost to the fire department.
5.3. Sample: Bids for alternate brands of hose require that 3 foot
sample of the hose to be supplied shall be submitted with the bid,
accompanied by detailed construction specifications. The Purchas-
ing Authority reserves the right to perform destructive tests on
the submitted sample to insure that it meets all aspects of this
specification.
6. GENERAL
6.1. Couplings: Couplings to be NST threaded rocker lug couplings
with field repairable bindings. Bindings shall consist of a
three part collar securely held in place with three recessed
bolts preloaded at the factory. Collar shall be designed to
prevent damage to heads of bolts when hose is being deployed,
used or loaded. Coupling must be able to be assembled and dis-
assembled using a alien wrench only. Maximum overall con-
nected length: 4" = 7 1/4".
6.2. Color: Yellow.
6.3. Hose Size, Weight and Coil Diameters;
Diam.
4" + 1/32"
Avg. Weight Coupled
100"
85 lbs.
Coil Size Coupled
100"
24 inches
6.4. Fittings: All fittings to be N.S.T. threaded with rocker lugs
and of hard coated aluminium alloy.
March 7, 1988
City Council Meeting
March 8, 1988
Mayor and Members
of the City Council
APPROVAL OF UUT BALLOT MEASURE QUESTION
BecQr@gnded.: AgtiQn
To ratify language in the ballot measure question submitted to
County of Los Angeles Election Department, and amending
Resolution No. 88-5111, 88-5112, and 88-5113 accordingly.
The question submitted is:
"Shall 4% of the existing 10% Utility Users Tax be limited to
Railroad right-of-way purchase and expire thereafter?"
SaokgrOund
At the City Council meeting of February 23, 1988, one ballot
measure was approved for consolidation with the June 7, 1988
Primary Election. Since that time, I have been in contact with
the Registrar -Recorders Office, Election Administration, and they
have informed me that due to the large amount of offices already
on this ballot, the City is limited to 20 words in the question
proposed to the voters. (Normally they allow 100 words).
The resolutions that were adopted February 23, 1988 had the
"proposed question of:
SSE QE .4% OF UTILITYS �RS..TAX. TO I41ROHASR-A.TAS.F.. RIGHT-OF-�i►AI
hall Ordinance No. 88-919, an ordinance of the City o Hermosa
Beach be adopted which requires the use of 4% of the Utility
Users Tax only for the purchase of the property commonly known as
the A.T. &S.F. Railroad right-of-way by the City of Hermosa Beach
and providing for termination of such tax? (51 words)
I condensed the wording to comply with the 20 word limit as
follows:
Shall 4% of the existing 10% Utility Users Tax be limited to
Railroad right-of-way purchase and expire thereafter?
The entire text of the proposed Ordinance will appear in the
Voter's Sample Ballot and Information Pamphlet.
Noted:
kevin NorthcraCity Manager
A.4F.c
Ka hleen Mi•stokke, City Cler
oug ; C Attor ey
SUPPLEMENT L
INFORMATION
Law Offices of James P. Lough
JAMES P. LOUGH
March 2, 1988
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 MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Approval of Ballot Language for 4% Special Tax on
Utilities for Purchase of Railroad Right -of -Way
Recommended Action: To ratify language submitted to the County
of Los Angeles Election Department.
This item was discussed at the last City Council meeting and
the council voted to place the attached measure on the June
ballot. Since the language had not been reviewed by bond coun-
sel, the City Attorney had questions about its impact on any
bonds or financial instruments that would necessarily be a part
of such a purchase.
The measure has been reviewed by a qualified bond counsel
and three changes were made to the ordinance. Two of the
changes were to the title eliminating the wording "Submitted To
The Voters By The City Council" and adding at the end of the
title, "And Providing For Termination Of Such Tax."
The third change was to the text. Added to Section 30-64
was language amending "acquisition" to state "costs of acqui-
sition and financing" (see, p.1, line 15). This change uses
language common to special taxes which would be tied to a bond -
issuance. Bond issuances of the type that would be used in this
instance necessarily include payment of the underwriter and bond
counsel fees as part of an issuance. The fees are only paid if
the voters approve the bonds in question. Without this added
language, the city would have to pay an underwriter and bond
counsel out of city general funds prior to a determination of
voter approval.
This matter was intended by the council to be brought back
at a special meeting if language changes were made.. After con-
sulting with the City Clerk and the City Manager, it was felt by
the City Attorney that this matter could be processed prior to
this meeting without having to call a special meeting. By
22/SR0308D -1-
REGULAR CITY COUNCIL MEETING OF MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: Approval of Ballot Language for 4% Special Tax on
Utilities for Purchase of Railroad Right -of -Way
ratifying the language changes, no special meeting would then be
required.
CONCUR:
�� //
KEVIN B. NORT'°CRAFT, City Manager
Respectfully submitte
CITY MANAGER COMMENTS:
S P. LOUGH, City Attorney
ITY OF HERMOSA BEACH
The City Attorney's above comments make reference to voter -approved
bonds. Some forms of available financing would not require voter
approval. Since the voters twice already have given direction to
finance the right-of-way acquisition if necessary, it seems
unnecessary to commit to a new voter authorization to finance
this point.
KBN
22/SR0308D -2-
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ORDINANCE NO. 88-919
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING
SECTION 30-62, ADDING SECTIONS 64 AND 65 TO CHAPTER 30 -
TAXATION, ARTICLE VI - UTILITIES TAX, WHICH WOULD REQUIRE THE USE
OF 4% UTILITY USERS TAX ONLY FOR THE PURCHASE OF THE PROPERTY
COMMONLY KNOWN AS THE A.T. & S.F. RAILROAD RIGHT-OF-WAY, AND
PROVIDING FOR TERMINATION OF SUCH TAX.
THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS
FOLLOWS:
SECTION 1. A new section shall be added to Chapter 30 (Taxa-
tion) of the Hermosa Beach Municipal Code to read as follows:
30-64. USE AND PURPOSE OF THE TAX
The four percent tax upon the use of utilities
imposed by this chapter shall be accounted for and
used by the City of Hermosa Beach as follows:
The tax shall be collected and placed in a special
fund only to be used for the costs of acquisition and
financing of the property commonly known as the
the A.T. & S.F. Railroad Right -of -Way by the City
of Hermosa Beach.
SECTION 2. A new section shall be added to Chapter 30 (Taxa-
tion) of the Hermosa Beach Municipal Code to read as follows:
30-65. TERMINATION OF THE FOUR PERCENT SPECIAL FUND
PORTION OF THE TAX.
This 4% portion of the utility user tax which is a
special tax and is to be used only for the purchase of
the railroad right-of-way will terminate upon a
finding by the Hermosa Beach City.Council that the
special tax is no longer necessary for its adopted
purpose. After a resolution is adopted by the
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City Council finding that the need no longer exists
for the special tax fund, all monies that remain in the
special fund, or are later placed in said fund, shall
be used for the acquisition and maintenance of open
4 space lands for the benefit of the citizens of Hermosa
5 Beach.
6 SECTION 3. Pursuant to Government Code Section 53722, this
7 ordinance must be adopted by a two-thirds affirmative vote. Its
8 provisions may not be amended or repealed without a subsequent
9 vote of the electorate.
10 SECTION 4. Section 30-62 (Fund and Purpose) shall be amended
11 to state as follows:
12 All of the proceeds of the taxes levied under
13 this article shall be placed in the general fund
14 of the city and shall be utilized for general
15 governmental purposes except as herein set forth
10 in Sections 30-64 and 30-65.
17 SECTION 5. If any of the provisions of this ordinance are
18 declared invalid by a court of competent jurisdiction, the
19 remaining parts or sections shall remain in full force and
20 effect.
21 SECTION 6. This ordinance shall take effect in the manner
22 provided by law.
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SECTION 7. The method of collection of the taxes imposed
shall remain the same as provided under Chapter 30 of the Hermosa
Beach Municipal Code.
27A PROVED AS
CITY ATTORNEY
2
-february 29, 1988
Honorable Mayor and Members
of the Hermosa Beach City Council of March 8, 1988
City Council Meeting
REQUEST FOR AUTHORIZATION TO SOLICIT PROPOSALS FOR
CONSTRUCTION OF AN 6X8 BUILDING TO HOUSE RADIO TRANSMITTERS
RECOMMENDATION:
It is recommended that City Council authorize the Police Department to solicit
proposals for the construction of an 6X8 building and antenna foundation at the
remote transmitter site.
BACKGROUND:
In order to locate the radio transmitters for the Fire and Police Departments
in the highest location in the City, we have received permission from the
California Water Service to locate the site on their property.
ANALYSIS:
As part of the planned withdrawal from RCC, it is necessary for us to establish
a remote radio transmitter site on California Water Service property.
This property is the highest elevation in the City and offers the best location
for us to place our radio transmitters. By having the transmitters at this
location, we will have excellent coverage of our area for the radio signals.
In order to provide proper protection from the weather, and security for the
radio equipment, we must construct a block building with a concrete floor and an
antenna foundation for the antenna tower.
CONCUR:
Kevin B. Northcra t, City Manager
ctfully
i tted ,
eve S. 'isniewski
Director of Public Safety
1p
REQUEST FOR PROPOSAL
The City of Hermosa Beach is soliciting bids from qualified firms to:
Furnish materials and construct an 6 foot by 8 foot building and an
antenna foundation at 16th and Prospect in accordance with the
specifications in attachment A.
SUBMISSION OF PROPOSALS
Proposals must be on file in the office of the Director of Public Safety on or
before 2:00 PM on March 22, 1988. The Director of Public Safety reserves the
right to extend any time frame.
No late proposals will be accepted. Late proposals, if received, will be
returned unopened.
Proposals are to be submitted in a sealed envelope with "Proposal for construc-
tion of radio building" written or typed in the lower left hand corner of the
envelope.
A summary and description of the building to be built is attached to this RFP as
attachment A.
For additional information and other particulars regarding this project,
contact:
Director of Public Safety
540 Pier Ave.
Hermosa Beach, CA. 90254
(213) 376-2470, 2479, or 7981.
EVALUATION OF PROPOSAL AND BASIS FOR AWARD
1. The City of Hermosa Beach intends to make an award to the responsible
vendor meeting all the requirements of the RFP whose proposal is most
advantageous to the City of Hermosa Beach.
2 The City of Hermosa Beach reserves the right to negotiate with the overall
lowest responsible vendor.
3. The City intends to make an award within 30 days of the bid closing date.
4. The City reserves the right to reject any and all bids, and to waive any
informalities.
5. All Bids must comply with HBMC Art. IV, Purchasing.
4
ATTACHMENT A - SPECIFICATIONS
THE DISPATCH TRANSMITTER SITE:
GENERAL SPECIFICATIONS:
1. The new construction shall conform to the City Building Code.
2. Contractor shall verify all dimensions and conditions at the
job site and resolve discrepancies before proceeding with
work.
3. Building and site to be designed and built within 30 days.
4. Cost of design and construction shall not exceed estimated
cost.
5. All contractors must be licensed by the State and shall have
Workman's Comp.
FOUNDATION:
Concrete slab shall be 10 ft. x 10 ft. and extend 4 to 6 inches
in depth below natural grade or compact fill. The antenna slab
will be 2 ft. x 2 ft. and 3 ft. in depth. Reinforcing steel
shall be hi -bond intermediate grade bars.
BUILDING:
Outer dimensions, 6 ft. x 8 ft., shall be constructed with
concrete block Grade "A" lightweight concrete masonry units.
Grout all cells below grade and all reinforced cells. Block
shall be slumpstone or approved alternate.
Framing lumber shall be construction grade and common nails shall
be used for all framing.
Roofing shall be 5/8" "T & G Structural" with conventional
composition shingle roof.
Steel door and frame shall be mortized for lockset. Locks
furnished by owner and installed by contractor.
One concrete block wall shall contain galvanized metal vent slat
louvers with bird screen.
All interior and exterior painting shall be done in accordance
with California Water Service Company specifications.
Honorable Mayor and Members of the
Hermosa Beach City Council
February 29, 1988
Regular Meeting of
March 8, 1988
SUBJECT: SPECIAL STUDY NO. 87-3 & TEXT AMENDMENT -- OPEN SPACE
DEFINITION, LOCATION AND COMPUTATION
INITIATED BY CITY COUNCIL
Recommendation
The Planning Commission and staff recommend that the attached
proposed Ordinance -- amending the zoning ordinance in regard to
the definition, location and computation of Open Space be
introduced.
Background
On September 8, 1987, the City Council approved Staff's
recommendation regarding Open Space standards including allowing
an exception to Open Space standards for small R-1 lots, and
referred this matter back to the Planning Commission for
recommendation.
On January 19, 1988, the Planning Commission reviewed the
exception to Open Space standards in the R-1 zone and recommended
approval. The Planning Commission also recommended a
modification to the proposed definition of Open Space regarding
minor obstacles.
Analysis
The Planning Commission was concerned about minor obstacles such
as eaves, telephone lines, etc. interfering with Open Space
requirements.
Staff has analyzed this concern since the meeting and believes
that the allowable 50'% Open Space coverage will almost completely
resolve any problem of this nature in the R-2 and R-3 zones.
However, staff has added a subsection to .section 272 in the
attached ordinance in compliance with the commission's
recommendation, but suggests that the eaves and entryway overhang
exception be limited to the R-1 zone since the 50% coverage does
not apply in that zone.
It should be realized that, for example, a 7' wide Open Space
area at ground level with a 3 1/2' (50% coverage) second floor
overhang and a 30" wide eaves on the second floor roof would
result in 12 inches of uncovered Open Space.
For additional analysis, refer to the attached staff reports of
June 2, 1987, September 8, 1987 and January 19, 1988.
Attachments
1. Proposed Ordinance
2. Planning Commission Resolution 88-4
3. Staff Reports of 6/2/87, 9/8/87 & 1/19/88
4. Planning Commission Minutes of June 2, 1987 & February 2,
1988
5. City Council Minutes of September 8, 1987
CONCUR:
ev n North. aft
City Manager
2
Respec ully s bmied,A
Mic'ael 'c u
Planning Director
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ORDINANCE NO. 88 -
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING
THE ZONING ORDINANCE IN REGARD TO THE DEFINITION, LOCATION AND
COMPUTATION OF OPEN SPACE AND ADOPTING A NEGATIVE DECLARATION.
WHEREAS, the City Council held a public hearing on March 8,
1988 to receive oral and written testimony on this matter and
made the following Findings:
A. The Zoning Ordinance has no general definition of Open Space;
B. The Zoning Ordinance does not specify how or where Open Space
should be counted;
C. The proposed Ordinance will provide definition, location and
computation for Open Space in conjunction with proposed
developments;
NOW, THEREFORE, the City of Hermosa Beach, California, does
hereby ordain amending the Zoning Ordinance by adding the
following language to the following Sections:
1. Add the following subsection to Article 2. Definitions.
Section 272. Open Space.
"Areas which are from ground to sky free and clear of any
obstructions or obstacles unless otherwise specified within
each zone classification."
"Minor obstacles obstaclesksuc la telep one and power lines or similar
obstacles, and obstructions such as eaves or entryway
overhangs, a maximum of 30 inches wide, may encroach into
Open Space areas."
2. Article 4, R-1, One -Family Residential Zone. Modify the
following subsection to Section 4-3. Development Standards,
(Subsection) 12. Open Space. The following shall be added.
"Required front, and/or side yards, driveways, turning areas,
and parking areas shall be excluded from Open Space
computation."
a. Lots of 2,100 square feet or less in area shall be
allowed a minimum of 300 square feet of open space with
a minimum dimension of 7 feet and 337. of the open space
may be provided in balconies or decks, when all other
minimum standards are met.
3. Modify and/or add the following subsections to Article -5.
R-2, Two -Family Residential Zone.
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Section 507(4) shall read as follows:
"Common Open Space areas may include pools, spas, gardens,
play equipment, courtyards (a minimum of 20 feet wide), decks
over non -living areas, and/or similar areas but shall not
include -driveways, turning areas, parking areas and required
front, rear, and side yard areas."
Section 507(5) shall read as follows:
"Private Open Space areas may include patios, pools, spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwell ing,11unit - - e s
racresi•
Section 507(7) shall read as follows:
"When computing Open Space in conjunction with yard areas,
only an area which exceeds the minimum required yard area may
be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 507(8) shall read as follows:
"Circular, triangular, odd and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
areas as well as minimum seven (7) foot dimensions."
Section 507(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
4. Modify and/or add the following subsections to Article 5.5,
R -2B, Two -Family Residential Zone.
Section 557(4) shall read as follows:
"Common Open Space areas may include pools, spas, garden,
play equipment, courtyards (a minimum of 20 feet wide), decks
over non -living area, and/or similar areas but shall not
include driveways, turning areas, parking areas and required
front, rear, and side yard areas." •
Section 557(5) shall read as follows:
"Private Open Space areas may include patios, pools, spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwelling unit and over only the dwelling unit
for which there is interior access."
Section 557(7) shall read as follows:
"When computing Open Space in conjunction with yard areas,
only an area which exceeds the minimum required yard area may
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be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 557(8) shall read as follows:
"Circular, triangular, odd, and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
area as well as minimum seven (7) foot dimensions."
Section 557(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
5. Modify and/or add the following subsections to Article 6,
R-3, Multiple Family Residential Zone.
Section 607(4) shall read as follows:
"Common Open Space areas may include pools, spas,ardens,
play equipment, courtyards (a minimum of 20 feet wide, decks
over non -living area, and/or similar area but shall not
include driveways, turning areas, parking areas, and required
front, rear, and side yard areas."
Section 607(5) shall read as follows:
"Private Open Space areas may include patios, pools, spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwelling unit, and over only the dwelling
unit for which there is interior access."
Section 607(7) shall read as follows:
"When computing Open Space in conjunction with yard areas,
only an area which exceed the minimum required yard area may
be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 607(8) shall read as follows:
"Circular, triangular, odd, and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
in area as well as minimum seven (7) foot dimensions."
Section 607(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
6. Modify and add the following subsections to Article 7:2,
Condominium, Stock Cooperatives and Community Apartments.
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Section 7.2-6. Minimum Design Standards. (E) Recreation
Space.
"(1) Private: Each unit shall have at least one hundred
(100) square feet of private space for a specified unit, in
addition to Open Space required by the Zoning Ordinance.
Such required recreation space shall have no dimension less
than seven (7) feet; the space may be partially covered up to
fifty percent (507.). Patio, pool, spa, balcony and a deck
area over non -living area or over living areas when
accessible through the interior of the dwelling unit for
which there is interior access may be included.
(2) Common: Each development of five (5) or more condominium
units s a 1 provide one hundred (100) square feet of common
recreation area or facility per unit in addition to required
common Open Space and private recreation space. The common
recreation area may include play area, pool, spa, recreation
room, gym, garden and similar amenities for the common use of
all owners, but shall not include driveways, turning areas,
parking areas, and required front, rear, and side yard areas.
When computing recreation space in conjunction with yard
areas, only an area which exceeds the minimum required yard
area may be counted toward recreation space and only if the
overall dimension of the required setback and the exceeding
area together has a dimension of at least seven (7) feet in
width and length.
Circular, triangular, odd, and/or unusual shaped recreation
space shall have a minimum of forty-nine (49) square feet in
area as well as minimum seven (7) foot dimensions.
Decks balconies or similar areas which extend over more than
one dwelling unit shall have a minimum S.T.C. rating of 58."
7. This ordinance shall become effective and be in full force
and effect from and after thirty (30) days of its final
passage and adoption.
8. The City Council shall designate tbe City Attorney to prepare
a summary of this ordinance to be published. pursuant to
Government Code Section 36933(c) (1) in lieu of the full text
of said ordinance. Prior to the expiration of fifteen (15)
days after the date of its adoption, the City Clerk shall
cause the summary to be published in the Easy Reader, a
weekly newspaper of general circulation, published and
circulated in the City of Hermosa Beach.
9. 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 tbe records of the
proceedings of the City Council at which the same is passed
and adopted.
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PASSED, APPROVED, and ADOPTED this day of March, 1988.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
ATTEST:
PPROVED A fist'. FORM:
.� ITY ATTORNEY
CLERK
7
01.
Eachgrauttb
zttP. taXs
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RESOLUTION P.C. 88-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL AMEND THE
ZONING ORDINANCE IN REGARD TO THE DEFINITION, LOCATION AND
COMPUTATION OF OPEN SPACE AND A NEGATIVE DECLARATION.
WHEREAS, the Planning Commission held a public hearing on
January 19, 1988 and February 2, 1988 to receive oral and written
testimony on this matter and made the following Findings:
A. The Zoning Ordinance has no general definition of Open Space;
B. The Zoning Ordinance does not specify how or where Open Space
should be counted;
C. The proposed Ordinance will provide definition, location and
computation for Open Space in conjunction with proposed
developments;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of Hermosa Beach, California, does hereby
recommend that the City Council amend the Zoning Ordinance by
amending and adding the following language to the following
Sections:
1. Add the following subsection to Article 2. Definitions.
Section 272. Open Space.
"Areas which are from'; ground to sky free and clear of any
obstructions or obstacles unless otherwise specified within
each zone classification."
"Minor obstacles such as telephone and power lines or similar
obstacles, and obstructions such as eaves or entryway
overhangs, a maximum of 30 inches wide, may encroach into
Open Space areas."
2. Article 4, R-1, One -Family Residential Zone. Modify the
following subsection to Section 4-3. Development Standards,
(Subsection) 12. Open Space. The following shall be added.
"Required front, and/or side yards, driveways, turning areas,
and parking areas shall be excluded from Open Space
computation."
a. Lots of 2,100 square feet or less in area shall be
allowed a minimum of 300 square feet of open space with
a minimum dimension of 7 feet and 33% of the open space
may be provided in balconies or decks, when all other
minimum standards are met.
3. Modify' and/or add the following_ subsections to Article 5.
R-2, Two-Family Residential Zone.
Section-5O7(4) shall read as follows:
"Common Open Space areas may include pools, spas, gardens,
play equipment, courtyards (a minimum of 20 feet wide), decks
over non-living areas, and/or similar areas but shall not
include driveways, turning areas, parking areas and required
front, rear, and side yard areas."
Section 507(5) shall read as follows:
"Private Open Space areas may include patios, pools, spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwelling unit for which there is interior
access."
Section 507(7) shall read as follows:
"When computing Open Space in conjunction with yard areas,
only an area which exceeds the minimum required yard area may
be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 507(8) shall read as follows:
"Circular, triangular, odd and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
areas as well as minimum seven (7) foot dimensions."
Section 507(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
4. Modify and/or add the following subsections to Article 5.5,
R -2B, Two -Family Residential Zone.
Section 557(4) shall read as follows:
"Common Open Space areas may include pools, spas, garden,
play equipment, courtyards (a minimum of 20 feet wide), decks
over non -living area, and/or similar areas but shall not
include driveways, turning areas, parking areas and required
front, rear, and side yard areas."
Section 557(5) shall read as follows:
"Private Open Space areas may include patios, pools, spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwelling unit and over only the dwelling unit
for which there is interior access."
Section 557(7) shall read as follows:
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"When computing Open Space in conjunction with yard areas,
only an area which exceeds the minimum required yard area may
be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 557(8) shall read as follows:
"Circular, triangular, odd, and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
area as well as minimum seven (7) foot dimensions."
Section 557(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
5. Modify and/or add the following subsections to Article 6,
R-3, Multiple Family Residential Zone.
Section 607(4) shall read as follows:
"Common Open Space areas may include pools, spas,ardens,
play equipment, courtyards (a minimum of 20 feet wide, decks
over non -living area, and/or similar area but shall not
include driveways, turning areas, parking areas, and required
front, rear, and side yard areas."
Section 607(5) shall read as follows:
"Private Open Space areas may include patios, pools,spas,
and garden areas; also balconies and decks over non -living
areas or over living areas when accessible through the
interior of the dwelling unit, and over only the dwelling
unit for which there is interior access."
Section 607(7) shall read as follows:
"When computing Open Space in conjunction with yard areas,
only an area which exceed the minimum required yard area may
be counted toward Open Space and only if the overall
dimension of the required setback and the exceeding area
together has a dimension of at least seven (7) feet in width
and length."
Section 607(8) shall read as follows:
"Circular, triangular, odd, and/or unusual shaped Open Space
areas shall have a minimum of forty-nine (49) square feet in
in area as well as minimum seven (7) foot dimensions."
Section 607(9) shall read as follows:
"Decks, balconies or similar areas which extend over more
than one dwelling unit shall have a minimum S.T.C. rating of
58."
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6. Modify and add the following subsections to Article 7.2,
Condominium, Stock Cooperatives and Community Apartments.
Section- 7.2-6. Minimum Design Standards. (E) Recreation
Space.
"(1) Private: Each unit shall have at least one hundred
(100) square feet of private space for a specified unit, in
addition to Open Space required by the Zoning Ordinance.
Such required recreation space shall have no dimension less
than seven (7) feet; the space may be partially covered up to
fifty percent (507.). Patio, pool, spa, balcony and a deck
area over non -living area or over living areas when
accessible through the interior of the dwelling unit for
which there is interior access may be included.
(2) Common: Each development of five (5) or more condominium
units shall provide one hundred (100) square feet of common
recreation area or facility per unit in addition to required
common Open Space and private recreation space. The common
recreation area may include play area, pool, spa, recreation
room, gym, garden and similar amenities for the common use of
all owners, but shall not include driveways., turning areas,
parking areas, and required front, rear, and side yard areas.
When computing recreation space in conjunction with yard areas,
only an area which exceeds the minimum required yard area may be
counted toward recreation space and only if the overall dimension
of the required setback and the exceeding area togetherhas a
dimension of at least seven (7) feet in width and length.
Circular, triangular, odd, and/or unusual shaped recreation space
shall have a minimum of forty-nine (49) square. feet in areaas
well as minimum seven (7) foot dimensions.
Decks balconies or similar areas which extend over more than one
dwelling unit shall have a minimum S.T.C. rating of 58."
VOTE: AYES: Comms.DeBellis,Ingell,Peirce,Chmn.Compton
NOES: None
ABSTAIN: None
ABSENT: Comm.Rue
I hereby
true and
Commi
r
CERTIFICATION
certify that the foregoing Resolution P.C. 88-4 is a
complete record of the action taken by the Planning
the City of Hermosa Beach, California at their
ng of February 2, 1988. ,
Compton, Chairman
Michael Schubach, Secretary
C
December 3, 1987
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach Planning Commission January 19, 1988
SUBJECT: SPECIAL STUDY NO. 87-3 & TEXT AMENDMENT -- OPEN SPACE
DEFINITION, LOCATION AND COMPUTATION
INITIATED BY CITY COUNCIL
Recommendation
Staff recommends that the attached Resolution be adopted allowing
an exception to open space for lots of 2,100 square feet or less.
Staff also recommends that the Planning Commission direct staff
to set for public hearing consideration of an exception to the
17' setback for lots of 2,100 square feet or less.
Background
On September 9, 1987, the City Council approved Staff's
recommendation regarding Open Space standards including allowing
an exception to Open Space standards for small R-1 lots, and
referred this matter back to the Planning Commission for
recommendation.
Analysis
The major difficulty is providing open space on small 30'x70' R-1
lots when the access is from a 10' or 15' wide alley. To avoid
deleting on -street parking, ideally the alley should be utilized.
However, an alley which is only 10' wide would require an
additional 13' of turning area plus the 17' parking setback.
Since lots of 2,100 square feet or smaller can be considered
unusually small, a variance could be justified. To avoid the
variance procedure, the staff believes that an exception to the
minimium open space standards and also to the 17' setback is
appropriate. A minimium dimension of 8 feet and a total of 300
square feet of Open Space would be acceptable.
In conjunction with the lesser open space, lots of 2,100 square
feet or less with 10' or 15' wide alleys could be given an
exception to the parking setback. However, three parking spaces.,.
would still be required.
If a 2,100 square feet lotwith a 10' wide alley were to have a
23' turning area and a 17' parking setback, the back wall of the
garage would be only 20' from the front property line. In other
words, the garage would be setting in the middle to the front of
the lot.
--12-
Michael Schubach
Planning Director
August 3, 1987
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council September 8, 1987
UNFINISHED BUSINESS CONTINUED FROM AUGUST 11/ 1987
SUBJECT: TEXT AMENDMENT FOR OPEN SPACE DEFINITION, LOCATION AND
COMPUTATION
PLANNING COMMISSION INITIATED
PLANNING COMMISSION LIAISON: GERALD COMPTON
Planning Commission Recommendation
The Planning Commission recommends that the attached ordinance be
adopted regarding Open Space definition, location and
computation.
Staff Recommendation
The Staff is recommending the same ordinance as the Planning
Commission except that in the R-1 zone, only the required rear
yard could be counted toward a portion of the required Open
Space, and the current ground level/deck, balcony Open Space
ratio of 75% and 25% respectively would be maintained. In the
R-2, R -2B, and R-3 Zones, no required yard areas could be counted
toward Open Space.
Background
At the March 3, 1987 meeting, the Planning Commission requested
that Open Space requirements be studied.
Analysis
R-1 ZONE: When analyzing Open Space in relation to lot sizes,
the w ole spectrum from the small to the large lots should be
examined.
In analyzing the Planning Commission recommendation, it can be
seen that concern for the smaller size lots was given but not for
the larger lots.
Staff examined the recently constructed single family development
at the old Prospect Heights School site. Those 25'x100' lots -
have 575 square feet of ground level Open Space in the rear yard
and a front setback ranging from 17 feet to 20 feet; the floor
area of these units is over 2,200 square feet. Staff contacted a
local real estate agent for their opinion as to the amount of
floor area that is considered minimally desirable; 1800 square
feet was indicated.
Staff has also prepared examples "(see attachments) of both the
Staff's and Planning Commission's recommendations in relation to
various sized lots. It can be seen from these examples that lots
of 4000 square feet, or greater, in the R-1 Zone would literally
-13-
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need no Open Space whatsoever under the Planning Commission
recommendation; by allowing the front setback to be used for Open
Space, there is no need for a rear yard. Under Staff's
recommendation, a minimum 10 foot rear yard could be provided,
and the potential floor area would be 4,661 square feet. There
was concern that along walk streets, there would be a problem
providing the required Open Space. However, as Staff indicated
there are no R-1 Zones along walk streets and only a small
northernmost part of the Strand has small R-1 Zoned lots.
Staff examined two other typical, small size lots, 30'x70' and
30'x80', and found that the Staff's recommended requirements
could be met, and a potential 1,934 square feet of floor area
could be constructed on the 30'x70' lots and 2,136 square feet on
the 30'x80'lots.
R-2, R -2B and R-3 Zone: In these zones, the Planning
Commissions recommendation is to allow one of the setbacks to be
counted toward Open Space if it has a minimum dimension of 7
feet. The result of this standard, for example, on a 40x100
square foot, R-3 zoned lot would be one side yard, 7 feet wide;
one 7'x100' long side yard would provide more than the minimum
600 square feet of Open Space needed for 3 units. Obviously, a 7
foot side yard would not provide any visible or useable Open
Space, and would most likely be nothing more than the walkway to
the units.
Currently the Zoning Ordinance allows decks and balconies to be
counted toward Open Space. Staff believes that to allow yard
areas to be included also would render the Open Space requirement
almost worthless.
Attachments
1. Planning Commission recommended Ordinance
2. Staff recommended Ordinance
3. Staff Report and Comparison Chart
4. Examples of Open Space standards for various size lots
5. Planning Commission Minutes
6. Planning Commission Resolution
CONCUR:
Gre ory7T4.1M yer el -
Ci Manager
Respectfully
mi ted,
Mich
Planning Director
CURRENT
None
General
COMPARISION CHART
PROPOSED
Definition of Open Space
R-1
Section 272. Open Space.
"Areas which are from ground to sky
free and clear of any obstructions or
obstacles unless otherwise specified
within each zone classification."
Zone
Open Space. There shall be a minimum
of four hundred (400) square feet of
usable open space with a minimum of
dimension of ten (10) feet. Twenty
five percent (25%) of this open space
may be provided in balconies or decks
with a minimum dimension of 10 feet.
NOTE: The following was the old ordin-
ance which was changed upon Building
Department request because what did
"portion" equal? (10' x 10' area
equaled 257.).
There shall be a minimum of 400 square
feet of usable open space with a mini-
mum dimension of 10 feet. A portion of
this open space may be provided in bal-
conies or decks with a minimum dimen-
sion of 10 feet.
R-2, R -2B
(4) Common open space areas may in-
clude pool, spa, garden, play
equipment, courtyards (a mini-
mum of 20 feet wide), decks over
non -living areas, and/or similar
areas but shall no include re-
quired driveways, and/or park-
ing areas.
Private open space areas may in-
clude patio, pool, spas, balcon-
ies, garden, and deck areas over
non -living areas.
(5)
Add following sentence:
"Required front, and/or side yards,
driveways, turning areas, and park-
ing areas shall be excluded from open
space computation."
and R-3 Zone
"Common Open Space areas may include
pools, spas, gardens, play equipment,
courtyards, (a minimum of 20 feet
wide), decks over non -living area,
and/or similar areas but shall not in-
clude driveways, turning areas, park-
ing areas, and required front, rear,
and side yard areas."
"Private Open Space areas may include
patios, pools, spas, and garden areas;
also balconies and decks over non -liv-
ing areas or over living areas when
accessible through the interior of the
dwelling unit for which there is -
interior access.
(7) None
(8) None
(9) None
(1)
CURRENT
PROPOSED
Section 507(7) shall read as follows:
"When computing Open Space in con
junction with yard areas, only an are
which exceeds the minimum required
yard area may be counted toward Open
Space and only if the overall
dimension of the required setback and
the exceeding area together bas a
dimension of at least 7 feet in width
and length."
Section 508(8) shall read as follows:
"Circular, triangular, odd and/or
unusual shaped Open Space areas shall
have a minimum of 49 square feet in
area as well as minimum 7 foot
dimensions."
Section 508(9) shall read as follows:
"Decks, balconies or similar areas
which extend over more than one
dwelling unit shall have a minimum ST
rating of 58."
CONDOMINIUM ORDINANCE
Private: Each unit shall have at least one hundred
(100) square feet of private space for a specified
unit, in addition to open space required by the
Zoning Ordinance. Such required recreation space
shall have no dimension less than seven (7) feet;
the space may be partially covered up to fifty (50)
percent. Patio, pool, spa, balcony and a deck area
over non -living area may be included as private
recreation space.
(2) Common: Each development of five (5) or more con-
owinium units shall provide one hundred (100)
.square feet of common recreation area or facility
per unit in addition to required common open space
and private recreation space. The common recre-
ation area may include play area, pool, spa, recre-
ation room, gym, garden and similar amenities for
the common use of all owners.
Private: Each unit shall have at least one hundred
(100) square feet of private space for a specified unit,
in addition to Open Space required by the Zoning
Ordinance. Sucb required recreation space shall have no
dimension less than seven (7) feet; the space may be
partially covered up to fifty percent (50L). Patio,
pool, spa, balcony and a deck area over non -living area
or over living areas when accessible through the
interior of the dwelling unit and over only the dwelling
unit for which there is interior access may be included.
Common: Each development of five (5) or more'
condominium units shall provide one hundred (100) square
feet of common recreation area or facility per unit in
addition to required common Open Space and private
recreation space. The common recreation area may
include play area, pool, spa, recreation room, gym,
garden and similar amenities for the common use of all
owners, but shall not include driveways, turning areas,
parking areas, and required front, rear, and side yard
areas.
"When comput
only an area
be counted
dimension of
together has
and length."
ing Open Space in conjunction with yard aro
which' exceeds the minimum required yard area
toward Open Space and only if the ovet
the required setback and the exceeding t
a dimension of at least seven (7) feet in w:
"Circular, triangular, odd, and/or unusual shaped Open Sp
areas shall have a minimum of forty-nine (49) square feet
area as well as minimum seven (7) foot dimensions."
"Decks, balconies or similar areas which extend over t
than one dwelling unit shall have a minimum S.T.C. ratio
58."
EXAMPLES OF OPEN SPACE REQUIREMENTS FOR VARIOUS SIZED LOTS
/0d
4
doe
::
f --- 40'-----1
Staff Recommendation
1st Floor 2,441 sq. ft.
- 340 sq. ft.
2,101 sq. ft.
2,560 sq. ft.
Potential Floor Area 4,661 sq. ft.
Dash Line 2nd Floor --
400 sq. ft.
2nd -:.Floor
Total Open Space
Planning Commission Recommendation
1st Floor
2nd Floor
2,650
-340
2,310
2,816
-191
2,625
sq.
sq.
sq.
sq.
sq.
sq.
ft.
ft.
ft.
ft
ft.
ft.
Potential Floor Area 4,935 sq. ft.
Total Open Space
400 sq. ft.
(garage)
(garage)
(balcony)
1
EXAMPLES (Continued)
10'
3,
1t
30=1
3'
3'
C
Staff Recommendation
1st Floor
2nd Floor
1,102 sq.
- 340 sq.
762 sq.
1,272
- 100
1,172
sq.
sq.
sq.
ft.
ft. (garage)
ft.
ft.
ft. balcony
ft.
Potential Floor Area 1,934 sq. ft.
Total Open Space 400 sq. ft.
Dash Line 2nd Floor
Planning Commission Recommendation
1st Floor
2nd Floor
1,179
-340
839
1,497
-200
1,297
sq.
sq.
sq.
sq.
sq.
sq.
Potential Floor Area 2,136 sq.
Total Open Space 400 sq.
Dash Line 2nd Floor
ft.
ft.(garage)
ft.
ft.
ft, balcony
ft.
ft.
ft.
< C
EXAMPLES (Continued)
80
3
i
I --'30'--I
1
3
Staff Recommendation
1st Floor 1,272 sq. ft.
-340 sq. ft. (garage)
932 sq. ft.
2nd Floor 1,488 sq. ft.
-100 sq. ft. ()alcony -
1,388 sq. ft. Open Space;
Potential Floor Area 2,320 sq. ft.
Total Open Space 400 sq. ft.
Dash Line 2nd Floor
Planning Commission Recommendation
1st Floor Area
1,419 sq. ft.
-340 sq. ft. (garage)
1,079
2nd Floor Area 1,620 sq. ft.
-200 sq. ft. (balcony -
1,420 sq. ft. Open Space
Potential Floor Area 2,499 sq. ft.
Total Open Space 400 sq. ft.
Dash Line 2nd Floor
417
September 1, 1987
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council September 8, 1987
Addendum to Staff Report for Text Amendment for Open Space
Definition, Location, and Computation
Recommendation
1. Review the attached examples of meeting Open Space
requirements under the Staff's recommendation.
2. Refer to the Planning Commission for study allowing an
exception to the Open Space requirements in the R-1 Zone for
small lots.
Background
The Planning Commission liaison has noted to Staff that more
diagrams were needed to show the difficulty of providing open
space under the Staff's recommendation for small lots which front
on the Strand, narrow alleys, or front on a street and alley and
prefer to have the parking off the alley, thus not removing any
on -street parking because of curb cuts.
Analysis
Staff agrees that smaller lots may have difficulties meeting the
Open Space requirements especially in conjunction with the 17'
parking setback. However, by examining the first 3 examples of 3
typical size lots in the City with frontage on a walk street,
Strand, or street, and with a minimum 20' wide alley to the rear,
it can be seen that all three lots could provide the required
Open Space for the most part without utilizing the required
setbacks. The only difficulty based on the attached diagrams is
that the thickness Cif the garage walls on 30' lots would result
in slightly less than a minimum 10' dimension.
However, Staff believes some exception could be given for smaller
lots, particularly those that abut 10' or 15' wide alleys (see
example 4). Ideally parking should be accessed via alleys so
that on -street parking is not lost because of curb -cuts. Also,.,.
on small lots the minimum width for open space could be reduced.
However, if an exception is given for open space, no variance to
the 17' parking setback should be allowed, since it should not be
difficult on any lot except for the extremely small lots to meet
the setback requirements with an exception to the Open Space
requirements.
It is probably impossible to have an ordinance which applies to
all different size and shape lots within the City without a need
for variances. The variance procedure is available for exactly
this reason.
-2o -
c;
In regards to exception for Open Space requirements in other
zones, Staff does not believe that it is necessary since the
ordinance already allows balconies and decks to count toward Open
Space and that is in itself an exception.
CONCUR:
Gre o" rye T Ie er
Cit Manage
Attachments
1. Examples 1-4
Planning Director
EXAMPLES OF OPEN SPACE REQUIREMENTS FOR VARIOUS SIZE. LOTS
EXAMPLE 1 .
STRAND, WALK -STREET, OR STREET
100
4 ------1
20' WIDE ALLEY
1st Floor
2,351 sq. ft.
340 sq. ft. (garage)
2,011 sq. ft.
2nd': Floor 2,523 sq. ft.
Potential Floor Area 4,874 sq. ft.
Dash Line 2nd Floor
Total Open Space 400 sq. ft.
EXAMPLE 2
STRAND, WALK -STREET, OR STREET
7,
O
•/ 30'
. 0
i________30,___7:1
20' WIDE ALLEY
1st Floor 1,013 sq. ft.
-340. sq. ft.. (garage
673 sq. ft. •
2nd Floor 1,285 sq. ft.
-100 sq. ft. balconl
1,185 •sq. ft.
Potential Floor Area 1,858 sq. ft.•
Total Open Space 400 sq. ft.
Dash Line 2nd Floor
EXAMPLE 3
r
STRAND, WALK -STREET, OR STREET
3
-r
8
i
II
1.4pt 17'1
17440-1(
30
200 WII AL
1st Floor
2nd Floor
Potential Floor Area
Total Open Space
Dash Line
EXAMPLE 4
STRAND, WALK -STREET, OR STREET
1st Floor Area
2nd Floor Area
Potential Floor Area
Total Open Space'
Dash Line
10' or 15' WIDE ALLEY
1,229 sq. ft.
-340 sq. ft. (garage)
889 sq. ft.
1,501' sq ft.
-100 sq. ft. (balcony -
1,401 sq. ft. Open Spac
2,290 sq: ft.
400 sq: ft.
2nd Floor
843 sq..ft.
-340 sq. ft. (garage)
503
1,285 sq. ft.
.-100 sq. ft.. '(balcony:
1,185 sq.' ft..;:Open .Sa
1.688 -sq. ft.
400 sq. ft.
2nd Floor
C C
Honorable Chairman and Members of the
Hermosa Beach Planning Commission
May 25, 1987
Regular Meeting of
June 2, 1987
Unfinished Business (continued from 5/19/87 Meeting
SUBJECT: TEXT AMENDMENT; OPEN SPACE DEFINITION, LOCATION AND
COMPUTATION
APPLICANT: PLANNING COMMISSION -INITIATED
Recommendation
Staff recommends approval of the attached Resolution recommending
an amendment to the Zoning Ordinance in regard to the definition,
location and computation of Open Space.
Background
On March 3, 1987, the Planning Commission directed Staff to
clarify what is usable Open Space.
On May 7, 1987, the Staff Environmental Review Committee reviewed
the proposed amendment and recommended a Negative Declaration.
On May 19, 1987, the Planning Commission continued this matter
because of several issues which needed clarification. Also at
that meeting, in regard to a separate matter, the issue of deck
areas over more than one dwelling unit was discussed.
Clarification
The following addresses the- issues raised at the May 19th
meeting:
R-1 ZONE OPEN SPACE ALONG WALK STREETS: There is virtually no
R-1 zones along the walk streets. Therefore, the concern for use
of the front yards for Open Space is moot. Further, a good
example of what can be built in the R-1 Zone is the new units on
the Prospect Heights school property. Those 25' x 100' lots have
575 square feet of ground level Open Space in the rear yard and
17 to 20 foot front setbacks; the floor area of these units is
over 2200 square feet. Staff believes that 2200 square feet of
floor area is more than adequate. Smaller lots, of course, may
have less obtainable floor area, but this only,seems logical. If
a lot was so small that an adequate size dwelling could not be
constructed, it would be ripe for a zone variance.
CURRENT ORDINANCE: Attached is a comparison chart showing the
current ordinance and what is proposed. In summary, the changes
are to provide an Open Space general definition, exclude yard
areas as countable Open Space, allow private Open Space over
- -
c r
living areas, and to provide a method of counting unusually
shaped Open Space areas.
DECKS OVER MORE THAN ONE UNIT: Concern was expressed about the
noise factor when a deck is extended over more than one dwelling
unit. Staff believes that a deck so described constitutes a
"stacked unit" and therefore, requires a ceiling/floor sound
attenuation of 58 S.T.C. even though the space is not counted
toward any Open Space requirements.
Analysis
GENERAL DEFINITION: Currently, the Zoning Ordinance does not
have a specific definition of Open Space, and in some instances,
it bas been necessary to interpret what is Open Space in
conjunction with residential developments.
Under the proposed definition, Open Space is area free and clear
from ground to sky unless otherwise specified which means that
balconies and decks can continue to be counted toward Open Space
if it is so stated. This definition is the traditional
definition of Open Space and is useful in conjunction with the
Open Space Zone as well as with residential development.
COMPUTATION and LOCATION: Clarification as to what is countable
toward Open Space is also needed. Currently, Staff has been
counting the entire required yard areas if the yard areas had the
minimum required dimensions for Open Space. This situation has
resulted in developments having nothing more than an extra wide
side yard with no beneficial impact.
Since the Ordinance does allow decks and balconies to count
toward Open Space and allows 65% lot coverage (many cities allow
40%), the yard areas should not be counted toward Open .Space.
However, counting those areas that exceed the required yard area
when the entire yard equals the minimum dimension for Open Space
should be allowed. This computation therefore, would still
benefit developments with larger yard areas.
PRIVATE OPEN SPACE: Currently, the Ordinance includes balconies
or decks over non -living areas. This requirement has been, for
example, a balcony with only interior access from one dwelling
unit. Staff believes that areas which have interior access
solely through a dwelling unit should be allowed over living area
of the unit from which it is accessible. .For example, a second
story balcony may be over the living room of the dwelling unit.
•Common Open Space should continue to be over non -living areas.
CIRCULAR, TRIANGULAR and ODD SHAPED AREAS: Many times unusually
shaped areas are difficult to determine as to whether they meet
the Open Space requirements. For example, a circular Open Space
area may have a minimum dimension of 7 feet; however, the
dimension is actually the diameter and is much less in square
feet than a square which has 7 foot dimensions.
Staff believes that an Open Space area of this type should have
at least 49 square feet as well as having a. 7 foot dimension
since any square or rectangular area would have to have 49 square
feet of area if it met the minimum 7 feet Open Space dimension.
Areas less than 49 square feet are hardly usable as Oepn Stace .,
Michel Schubach
Planning Director
PLANNING COMMIrJN MINUTES - FEBRUARY 2, 1988 C PAGE 9
TEXT AMENDMENT TO ZONING ORDINANCE REGARDING OPEN SPACE
DEFINITION, LOCATION, AND COMPUTATION AND POLICY STATEMENT 87-3
REGARDING COVERAGE OF OPEN SPACE IN CONJUNCTION WITH PROPOSED
DEVELOPMENT (CONTINUED FROM MEETING OF 1/19/88)
Mr. Schubach gave staff report dated January 26, 1988. He stated that this item was
renoticed; however, renoticing was not necessary. He noted that it is not necessary that
this be a public hearing; it is merely a hearing at which people may give comments if
they so desire.
Mr. Schubach discussed the text amendment, stating that the action before the
Commission at this time is to give comments on whether or not there should be open
space exceptions for lots of 2100 square feet or less.
MOTION by Comm. DeBellis, seconded by Comm. Peirce, to direct staff to set a study
session and public hearing for a text amendment allowing an exception to the 17 -foot
setback requirement on lots of 2100 square feet or less (Agenda Item 10[aD; then to deal
with Items 10 (b) through (d) as another, separate issue. No objections; so ordered.
Chmn. Compton stated that he would like to have a special study on exceptions to the
17 -foot setback requirement; especially in cases where compliance with the 17 -foot
setback requirement would remove parking from the street. He noted that the main
purpose of the requirement was to alleviate the problem of people parking over the
sidewalk; therefore, he questioned how the 17 -foot setback requirement was ever applied
to alleys where there are no sidewalks. He felt that if the requirement ends up removing
parking from the street, it makes no sense whatsoever to have the requirement. He felt
that allowances should be made in these instances. He felt that there are still some
problems which need to be worked out in regard to the 17 -foot setback requirement.
Chmn. Compton stated that he basically favors the requirement; however, his biggest
concern is requiring the 17 -foot setback in alleys. He felt that this situation needs to be
further addressed, stating that there should be a method by which a person does not have
to go through the variance procedure. He noted that there are a number of irregularly-
shaped lots in the City, and those lots need to be looked at separately.
MOTION by Chmn. Compton, seconded by Comm. Ingell, to consider together with the
text amendments being suggested, a study on how a text amendment would apply that
would allow for an exception of the 17 -foot setback requirement off of an alley. Noting_
the objections of Comms. DeBellis and Peirce, MOTION DIES.
Chmn. Compton asked for clarification on how a 17 -foot setback off of an alley relates
to the original problem of alleviating parking over a sidewalk.
Comm. DeBellis stated that the reason was never to prevent parking over a sidewalk.
The reason the 17 -foot setback requirement was adopted was to provide additional guest
parking in the setback area, whether it is in the front or the rear.
27-
PLANNING COMM15. _JN MINUTES - FEBRUARY 2, 1988( PAGE 10
Chmn. Compton asked if the goal was to provide more guest parking, why wasn't a
requirement adopted to just require four parking spaces.
Chmn. Compton and Comm. DeBellis discussed the merits and problems of the 17 -foot
setback requirement.
Comm. DeBellis stated that he would not pretend to assert that the 17 -foot setback
requirement is perfect; however, it is the best method which was available at the time.
He feels that the requirement is of absolute benefit to the City as a whole. He stated
that irregularly-shaped lots would be prime candidates for a variance.
Chmn. Compton noted, however, that almost all requests for variances to the 17 -foot
setback requirement have been denied by the City Council.
Comm. DeBellis asked whether Planning Commission Policy Statement 87-3 should be
changed numerically to reflect the fact that it has not yet been adopted and it is now
1988.
Mr. Schubach stated that the number is merely for filing purposes; it is not necessary to
change it to reflect that it is in the 88-** sequence.
MOTION by Chmn. Compton, seconded by Comm. Peirce to include Item No. 10(b) in the
study which will be returned for a text amendment regarding open space. No objections;
so ordered.
Mr. Schubach gave staff report on the issue of definition, computation, and location of
open space. On September 9, 1987, the City Council approved staff's recommendation
regarding open space standards including allowing an exception..to open.space_standards
for small R-1 lots, and referred this matter back to the Planning Commission for
recommendation.
The major difficulty in providing open space on small 30' by 70' R-1 lots when the access
is from a 10' to 15' wide alley. To avoid deleting on -street parking, ideally the alley
should be utilized. However, an alley which is only 10' wide would require an additional
13' of turning area plus the 17' parking setback.
Since lots of 2100 square feet or smaller can be considered unusually small, a variance
could be justified. To avoid the variance procedure, the staff believes that an exception
to the minimum open space standards and also to the 17 -foot setback is appropriate. A
minimum dimension of 8 feet and a total of 300 square feet of open space would be
acceptable.
In conjunction with the lesser open space, lots of 2100 square feet or less with 10' or 15'
wide alleys could be given an exception to the parking setback. However, three parking
spaces would still be required.
If 2100 square foot lot with a 10 -foot wide alley were to have a 23 -foot turning area and
a 17 -foot parking setback, the back wall of the garage would be only 20 feet from the
front property line. In other words, the garage would be sitting in the middle to the front
of the lot.
Staff recommended that the proposed resolution be adopted allowing an exception to
open space for lots of 2100 square feet or less. Staff also recommended that the
Planning Commission direct staff to set for public hearing consideration of an exception
PLANNING COMMI(.JN MINUTES - FEBRUARY 2, 1988 ( PAGE 11
to the 17 -foot setback for lots of 2100 square feet or less.
Comm. DeBellis noted that his only concern with the proposed resolution is the definition
for open space: "Areas which are from ground to sky free and clear of any obstructions
or obstacles unless otherwise specified within each zone classification." Further on in
the resolution there is wording stating that there may be covered open space. He asked
for clarification of this issue.
Mr. Schubach stated that the key wording is "...unless otherwise specified within each
zone classification." He noted that more specific definitions would be contained within
each particular zone classification. He stated that this particular section is just a very
basic definition of open space. He continued by discussing the open space requirements
for the various zones. He gave background information on how the original ordinance in
regard to how much open space can be covered was adopted.
Comm. Ingell noted concern over the wording "...obstructions or obstacles..." He noted
that trees or utility poles could be construed as obstructions or obstacles. He asked how
obstructions and/or obstacles are defined.
Mr. Schubach stated that additional wording could be added to more. clearly define
obstructions and obstacles.
Comm. DeBellis suggested that eaves and related features also be included in the
definition, noting that in some cases they can encroach into open space.
Comm. Ingell stated that thought must be given to the suggestion to add eaves, noting
that the intention is to provide open space free from ground to sky.
Chmn. Compton suggested wording denoting that there are to be no eaves over four
feet. He agreed that the definition of obstacles and obstructions is quite important.
Mr. Schubach stated that he would further study the issue of eaves and other minor
obstructions as related to the definition in question; it could then be included in the
recommendation to the City Council..
Mr. Schubach and the Commission discussed various things which could be considered as
obstructions.
Comm. Ingell asked why decks cannot be built over living areas.
Mr. Schubach stated that it would be necessary to install soundproofing which can be
very expensive. However, there is an exception where open space can be over one's own
unit.
Comm. Peirce noted that the purpose of open space is to provide area clear from ground
.to sky; therefore, caution should be exercised in regard to what should be included in the
definition.
Comm. DeBellis and Chmn. Compton discussed the measurements of various types of
eaves. Chmn. Compton stated that no roof eaves are counted in lot coverage no matter
what their size.
MOTION by Comm. DeBellis, seconded by Comm. Ingell, to approve Resolution P.C. 88-
4, A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF HERMOSA
PLANNING COMMICON MINUTES - FEBRUARY 2, 1988( PAGE 12
BEACH, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE
ZONING ORDINANCE IN REGARD TO THE DEFINITION, LOCATION, AND
COMPUTATION OF OPEN SPACE AND A NEGATIVE DECLARATION, with the
amendment to Article 2, Definition, Section 272, Open Space, to include further
definition of obstructions and obstacles encroaching into the open space areas. No
objections; so ordered.
Recess taken from 9:29 P.M. until 9:35 P.M.
PLANNING COMMISSItol MINUTES - JUNE 2, 1987
PAGE 2
TEXT AMENDMENT TO DEFINITION, LOCATION, AND COMPUTATION OF USABLE
OPEN SPACE (CONTINUED FROM PLANNING COMMISSION MEETING OF MAY 19,
1987
Mr. Schubach gave staff report dated May 25, 1987. On March 3, 1987, the Planning
Commission directed staff to clarify what is usable open space. On May 7, 1987, the
staff environmental review committee reviewed the proposed amendment and
recommended a negative declaration. On May 19, 1987, the Planning Commission
continued this matter because of several issues which needed clarification. Also at that
meeting, in regard to a separate matter, the issue of deck areas over more than one
dwelling was discussed.
PLANNING COMMISSSIQN MINUTES - JUNE 2 •
198 �
7
PAGE 3
Mr. Schubach clarified several issues raised at the meeting of May 19, 1987:
R-1 Zone Open Space Along Walk Streets: There are virtually no R-1 zones along the
walk streets. Therefore, the concern for use of the front yards for open space is moot.
Further, a good example of what can be built in the R-1 zone is the new units on the
Prospect Heights school property. Those 25- by 100 -foot lots have 575 square feet of
ground -level open space in the rear yard and 17- to 20 -foot setbacks; the floor area of
these units is over 2200 square feet. Staff believes that 2200 square feet of floor area is
more than adequate. Smaller lots, of course, may have less obtainable floor area, but
this only seems logical. If a lot was so small that an adequate -sized dwelling could not
be constructed, it would be ripe for a zone variance.
Current Ordinances: A comparison chart showing the current ordinance and what is
being proposed was prepared and provided to the Commissioners. In summary, the
changes are to provide an open space general definition, exclude yard areas as countable
open space, allow private open space over living areas, and provide a method of counting
unusually -shaped open space areas.
Decks Over More Than One Unit: Concern was expressed over the noise factor when a
deck is extended over more than one dwelling unit. Staff believes that a deck so
described constitutes a "stacked unit" and therefore requires a ceiling/floor sound
attenuation of 58 S.T.C., even though the space is not counted toward any open space
requirements.
Currently, the zoning ordinance does not have a specific definition of open space, and in
some cases, it has been necessary to interpret what is open space in conjunction with
residential developments.
Under the proposed definition, open space is area free and clear from ground to sky
unless otherwise specified, which means that balconies and decks. can continue to be
counted toward open space if it is so stated. This definition is the traditional definition
of open space and is useful in conjunction with the open space zone as well as with
residential development.
Clarification as to what is countable toward open space is also needed. Currently, staff
has been counting the entire required yard areas if the yards areas had the minimum
required dimensions for open space. This situation has resulted in developments having
nothing more than an extra wide side yard with no beneficial impact.
Since the ordinance does allow decks and balconies to count toward open space and
allows 65% lot coverage (many cities allow 40%), the yard areas should not be counted
toward open space. However, counting those areas that exceed the required yard area
should be allowed. This computation, therefore, would still benefit de.velopments with
larger yard areas.
• Currently, the ordinance includes balconies or decks over non -living areas. This
requirement has been, for example, a balcony with only interior access from one dwelling
unit. Staff believes that areas which have interior access solely through a dwelling unit
should be allowed over living area of the unit from which it is accessible. For example, a
second -story balcony may be over the living room of the dwelling unit. Common open
space should continue to be over non -living areas.
Many times unusually -shaped areas are difficult to determine as to whether they meet
the open space requirements. For example, a circular open space area may have a
3z
PLANNING COMMIS vN MINUTES - JUNE 2, 1987
PAGE 4
minimum dimension of seven feet; however, the dimension is actually the diameter and is
much less in square feet than a square which has seven -foot dimensions.
-
Staff believes that an open space area of this type should have at least 49 square feet as
well as having a seven -foot dimension since.any square or rectangle area would have to
have 49 square feet of area •if it met the, minimum •seven -foot open space dimensions.
Areas less than 49 square feet are hardly usable open space. • •° _ •-
.. _ - . .
Mr. Schubach stated that staff recommends approval of the resolution recommending an
amendment,to the •zoning ordinance in regard to the definition,' location, and'computation
of open space.
Comm. Compton asked about open space along the Strand.
Mr; Schubach stated that the issue originally raised was in regard to walk streets. The
Commission could address • the Strand if • so desired, but he. felt that the . same
interpretation would be applicable to the Strand as well as the walk streets in regard to
what can be done with the lots. He noted that in some instances, variances could be
granted_because of unusually -shaped or small -sized lots. •
Comm. Comptoiithoted concern over property along the Strand. •
Comm: Compton discussed percentages allowed by other cities in regard to open space
provided by decks and balconies. He stated that percentages allowed by inland cities do
not pertain to beach cities. - - - - •
Comm. Peirce asked for clarification of the proposed Section 507(7): "When computing
open space in conjunction with yard areas, only an area which- exceeds the minimum
required yard area may be counted toward open space and only if the overall dimension
of the required setback and the exceeding area together has a dimension of at least seven
feet in width and length." •
Mr. Schubach stated that an area must have a minimum of at least seven feet in any
dimension in order for it to be counted as open space.
Comm: Compton discussed a case he prepared regarding the new R-1 requirements.
Public Hearing opened at 7:53 P.M. by Chmn. Sheldon. There being no citizens who came
forward to speak either in favor of or in opposition to this issue, the Public Hearing was
closed at 7:53 P.M. by Chmn. Sheldon. .
Comm. Compton explained the handout he made, stating that he presupposed a 20 -foot
alley and determined the minimum setbacks required off • an alley. He continued by
discussing the allowable setbacks in regard to upper level decks and open space open to
the sky. He stated that his example reflected a home on a 30- by 70 -foot lot. He
• concluded by stating that 1400 -square -foot homes were not feasible on these lots because
of the land values.
Comm. Rue questioned whether the street side would include the seven -foot setback in
the open space calculation. He asked whether the ordinance has provided for that.
Mr. Schubach replied that no suggestion has been made to allow the front yard for open
space calculation. He stated, though, that the Planning Commission would have the
purview to grant a variance in such cases where it is necessary and is deemed
PLANNING COMM1SS1kN MINUTES - JUNE 2, 1987
PAGE 5
appropriate, especially in cases where the Commission determines that a 1400 square -
foot house is too small for the lot. He stated that rear yards in the R-1 zone are
typically acceptable in the open space calculations.
Comm. Rue discussed the proposed Section 507(7), which applies only to R-2, R -2B, and
R-3 zones, and questioned what the effects would be if open space is allowed in areas
over :seven feet. • •
Mr. Schubach stated that it would be acceptable. He continued by explaining the
calculations which would be used. He stated that there would be a gain in the acceptable
square footage.
Chmn. Sheldon statedthat there is no problem with walk streets in the R-1 zone.
Comm. Compton felt that the Strand is a walk street.
Chmn. Sheldon stated that there is no R-1 zoning on the Strand south of 22nd Street,
stating that most of the Strand is R-2, with only three blocks being R-1 north of 22nd
Street. -
Chmn. Sheldonfelt that there is not enough R-1 zoning in the City.
Comm. Compton felt that the R-1 zones would be too restrictive. He felt that a solution
might be to • redefine the front and/or rear yards based on the number of automobile
accesses.. He could see no reason why the front yards should not be included in the open
space calculations. He felt that in most cases there is a public right of way, and in most
cases people will use the area out to the property line. He stated that based on the
proposed changes, people could be required to provide up to twenty- feet of -open space
along the fronts of their property. . .:..:,:,;., : ,..,. „•
•
Comm. Compton asked whether it is possible to add to the definition of "rear yard." He
suggested wording stating that "rear yard areas as pertaining to open space calculations
may be designated by being opposite to the automobile access end of the site." He stated
that space could, therefore, be added. He stated that most people prefer to build homes
of at least 2000 square feet. He stated that the more builders are limited, the more they
will be forced to use decks and mezzanines and build upwards in order to add to the
square footage. He stated that it is preferable that there be open space adjacent to
living areas, noting that ideally it could be provided in a second level. He felt that the
main goal is to be reasonable. He felt :that specific, worst-case situations , must be
addressed. .
Mr. Schubach agreed that in some cases there may be a problem. But he noted that in
many instances a variance could prove to be the solution. He stated that the main issue
becomes how much one should be allowed to build on a lot.
Comm. Compton felt that the issue boils down to individual property rights. He stated
that although the City has the authority to impose such restrictions, there is a very fine
line as to how far the City should go in taking away one's property rights, particularly in
regard to the very expensive property in this City.
Comm. Compton stated that the larger the lot, the less severe this problem is because
larger lots have larger sideyards, and the 65 percent lot coverage issue does not apply.
He stated that parity is gradually achieved between lot coverage and open space as the
lots become larger.
PLANNING COMMISS‘vN MINUTES - JUNE 2, 1987 PAGE 6
Comm. Compton .agreed with staff's definition of open space, but he felt it should.also
provide that fifty percent of the private open space can be covered.. .,.
Mr. Schubach stated that staff attempted to analyze small lots in the City, though not
necessarilythe smallest. .. ..•. . .
Comm. Peirce stated that if a lot is small, the house should be scaled down to the size of
the lot. He did not feel that it is appropriate to allow the same size house on small lots
as are allowed on the larger lots. In the R-1 area, there are not as many small lots which
would.come under. the 30- by 70-foot.lot size provisions.
Chmn. Sheldon stated that he agrees with the staff recommendation. He felt that the
variance procedure is available. in •those cases -of exceptionally small . lot size or
extremely unusual circumstances.
Comm. Compton felt that if a person thought he had to obtain a variance in order to
build, he might decide against purchasing the property; and whatever existed on the
property would remain on the property. He stated that this would create an economic
pressure.
Chmn. Sheldon stressed that codes are not written for.a gross minority of lots.
Comm. Compton suggested that the R-1 zone allow for private open space to be partially
covered up to fifty percent. He stated that too much area is being taken from the
ground already, noting particularly the 17 -foot setback requirement.
Comm. Compton suggested that on the ground level, in all zones .the open space be held
to ten . feet,. and. seven feet. for decks. . This would accomplish.ctarity throughout all. the
zones. He -felt a seven -foot deck would be reasonable amount of open space. He stated
that it is used in R-2 and R-3 zones, and there is no reason it would not be acceptable in
the R-1 zones.
Comm. Compton further -suggested that there be open space of 75 percent in decks and
25. percent on the ground.. -.He. stressed what the 17 -foot setback requirement is. doing in
town, and he felt that less open space on the ground is acceptable because of the 17 -foot
requirement. , .. _ . •
Comm. Compton discussed the possibility of the inclusion of one setback in the private or
common open space calculations in the R-2 and R-3 zones. He felt that this might work
particularly well with rear yard setbacks. He suggested a requirement that when
setbacks are used, there must be a ten -foot minimum setback as opposed to the required
seven when it is not used. He stated that this would be reasonable for all zones.
Comm. Compton asked whether it is necessary to have this information in the
condominium ordinance since it will be in the zoning code.
Mr. Schubach replied in the affirmative, stating that it is important to have clarity in
both.
Comm. Rue stated that if additional setback space is required, from seven feet to ten, to
use it in the open space calculation, then the partial coverage stipulation for deck space
would be unnecessary.
•
PLANNING COMMISS'ivN -
MINUTES JUNE 2, 1987
PAGE 7
Comm. Peirce stated that the ten -foot deck requirement in the R-1 zone has been in
effect for quite some time, noting that it has not been changed in the recent past.
Comm. Peirce. felt that. the way.. the ordinance is written in this regard is acceptable. He
felt that the code should address reasonable size lots; in instances of very small lots,
people can utilize the variance procedure. He stated that the main issue becomes one of
how..much bulk the City wants to allow on lots.. He opposed any changes. in the R-1
zones.. .
Churn.=.Sheldon stated that -he disagrees with the current 75 percent versus 25 percent
open space coverage issue.
Mr. Schubach suggested that. there be a policy statement delineating the circumstances
of when a variance would be allowable and under what circumstances variances are to be
granted.
Chmn. Sheldon stated that he would support an increase in the percentage of decks which
can be included in the open space calculation for the R-1 zone.
Comm. Compton favored allowing one setback to be used as a portion of the common
open space calculation in the R-2, R -2B, and R-3.zones. • .•
Mr. Schubach clarified: exactly what could be used in the calculations.
Comm. .Peirce stated .that Section 507(7) could be modified to reflect that any one
sideyard could be used in the common open space calculation.
MOTION by .. Comm.. Compton, seconded by:. Commd..::.:R.ue,.:_:.•to approve staff's
recommendation with the following modifications: - . .
`to change the current requirements to reflect that 75 percent (as opposed to the
current 25%) of open space may be provided in balconies and decks provided there is
- • •,a minimum dimension of ten feet; • .
to allow the yard Opposite the automobile access end of the site to be considered as
a rear yard for purposes of open space calculations in the R-1 zone;
Chmn. Sheldon stated that he would not support a 75-25 split in regard to the open space
calculation. He noted, though, that he would support a 50-50 split. Furtherhe would
support the use of the front yard setback in the open space calculation.. . • r -
AMENDMENT TO THE MOTION by Chmn. Sheldon, accepted by Comms. Compton and
Rue as maker and second, that the split be 50-50 in regard to open space; that the use of
the front yard setback can be used in the open space calculation.
Chmn. Sheldon noted that the motion and amendment apply only to the R-1 zone.
AYES: Comms. Compton, Peirce, Rue, Chmn. Sheldon
NOES: None
ABSTAIN: None
ABSENT: Comm. Schulte
• PLANNING COMMIS( J MINUTES - JUNE 2, 1987
PAGE 8
MOTION by Chmn. Sheldon, seconded by Comm. Peirce, to accept staff's
recommendation as submitted in regard to the R-2, R -2B, and R-3 zones, with the
modification that one setback may be used in the common open space calculation.
AYES: Comms. Compton, Peirce, Rue, Chmn. Sheldon
NOES: None
ABSTAIN: None
ABSENT: Comm. Schulte
Mr. Schubach stated that the R -P zone is included within the R-3 zone requirements. He
stated that the R -P zone needs only to be addressed separately in regard to height.
Chmn. Sheldon stated that the R -P zone is included in the above motion.
Comm. Compton questioned whether the condominium ordinance needs to be addressed.
Mr. Schubach stated that the above motion will be included in the condominium
ordinance.
MOTION by Comm. Compton to include in the condominium ordinance the above motion
regarding R-2, R -2B, R-3, and R -P zones. No objections; so ordered.
a�
eUBLIC .HEARINGS
5.
The staff report was presented by Planning Director
Michael Schubach.
The Public Hearing was opened. Coming forward to speak
were:
Gerald Compton, Planning Commissioner, 832 - 7th Street -
reiterated the Planning Commission recommendation.
The Public Hearing was closed.
Action: To approve the staff recommendation referring
this matter to the Planning Commission for study allow-
ing an exception to the Open Space requirements in the
R-1 zone for small lots.
Motion DeBellis, second Rosenberger
AYES - DeBellis, Rosenberger, Simpson, Mayor Cioffi
NOES - Williams
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Honorable Mayor and Members of the
Hermosa Beach City Council
March 1, 1988 -
Regular Meeting of
March 8, 1988
SUBJECT: TEXT AMENDMENT 88-1 -- INFRACTION PROCESS FOR
VIOLATION OF CONDITIONAL USE PERMIT
INITIATED BY CITY COUNCIL AND PLANNING COMMISSION
Recommendation
Staff recommends introduction of the attached ordinance -- text
amendment establishing penalties for Conditional Use Permit
violations.
Background
The Planning Commission at their February 2, 1988 meeting
recommended approval of an infraction process for enforcement of
Conditional Use Permits.
Abstract
The attached ordinance will enable the City to issue tickets for
violations of the conditions of approval which were imposed in
conjunction with the granting of a Conditional Use Permit.
Refer to attached Planning Commission staff report for analysis.
Attachements
1. City Council Ordinance No. 88-
1. Planning Commission Resolution 88-12
2. Staff Report of February 2, 1988
3. Planning Commission Minutes of February 2, 1988
CONCUR:
'4°4
evin North a t
City Manager
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Respect 1 y su �it
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Mic "ae Schu i ac'
Planning Director
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ORDINANCE NO. 88 -
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING A
TEXT ADMENDMENT ESTABLISHING PENALTIES FOR CONDITIONAL USE PERMIT
VIOLATIONS.
WHEREAS, the City Council held a public hearing on March 8,
1988 to receive oral and written testimony on this matter and
made the following Findings:
A. The City Council desires to create a means of enforcing the
City's Conditional Use Permits;
B. This resolution will aid enforcement efforts to assure
compliance with City regulations;
C. In order to protect the health, safety and welfare related to
odors, noise and aesthetics, the Planning Commission deems
this Resolution necessary;
NOW, THEREFORE, the City of Hermosa Beach, California, does
hereby ordain the following:
Section 1. Amend Article 20 Penalty as follows:
1. Change the numbering of Section 2000 to 20-1.
2. Change the numbering of Section 2001 to 20-2.
3. Add the following new sections:
Section 20-3. Violation of Conditions of
Conditional Use Permits
No person shall violate any condition of a
Conditional Use Permit. Any person violating any
of the said conditions shall be guilty of an
infraction.
Section 20-4. Penalties; Declaration
(1) Each violation is punishable as follows:
a. A fine of fifty dollars ($50.00) for the
first violation;
b. A fine of one hundred dollars ($100.00) for
a second violation of the same condition
within one year;
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c. A fine of one hundred fifty dollars
($150.00) for a third violation of the same
condition within one year; and
d. A fine of three hundred dollars ($300.00)
for each additional violation of the same
condition within one year.
(2) Each person guilty of an infraction shall be
guilty of a separate offense for each and
everyday during any portion of which any
violation is committed, continued or permitted
by such person and shall be punishable
accordingly.
Section 20-5. Arrest - Notice to Appear
If any person is arrested for the violation and
such person is not immediately taken before a
magistrate, as is more fully set forth in tbe Penal
Code of the State of California, the arresting
officer shall prepare, in duplicate, a written
notice to appear in court, containing the name and
address of such person, the offense charged, and
the time and place where such person shall appear
in court.
Section 20-6. Appearance - Time Limitation
The time specified in the notice to appear shall be
not less than 11 days after such arrest.
Section 20-7. Appearance - Place
The place specified in the notice to appear shall
be either:
(1) Before a judge of a justice court or a
municipal court judge within the county who has
jurisdiction of the offense and who is nearest
and most accessible with reference to the place
where the arrest is made; or
(2) Upon the demand of the person arrested, before
a judge of the municipal court of tbe Los
Angeles judicial district, or before a judge of
a justice court or a municipal court in the
judicial district in which the offense is
alleged to have been committed; or
(3) Before an officer authorized to receive a
deposit of bail.
Section 20-8. Appearance - Promise
The officer shall deliver one copy of the notice to
appear to the arrested person, and the arrested
person, in order to secure a release, must give his
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written promise to appear in court by signing the
duplicate notice, which shall be retained by the
officer. Thereupon, the arresting officer shall
forthwith release the person arrested from custody.
Section 20-9. Notice - Filing - Ball Depositing
The officer shall, as soon as practicable, file a
duplicate notice with the magistrate specified in
such notice. The defendant may, prior to the date
upon which he promised to appear in court, may
deposit with the magistrate the amount of bail.
Thereafter, at the time when the case is called for
arraignment before the magistrate, if the defendant
does not appear either in person or by counsel, the
magistrate may declare the bail forfeited and may
at his discretion order that no further proceeding
shall be had in tbis case. Upon the making of such
order that no further proceedings be had, all sums
deposited as bail shall forthwith be paid into the
treasury of the county for distribution in the
manner provided by law.
Section 20-10. Appearance
A warrant shall not issue on such charge for the
arrest of a person who, pursuant to the provisions
of this article, has given such written promise to
appear in court unless and until he has violated
such promise or has failed to deposit ball, to
appear for arraignment, trial or judgement, or to
comply with the terms and provisions of the
judgement as required by law.
Section 20-11. Warrant - Issuance
When a person signs a written promise to appear at
the time and place specified in the written promise
to appear and has not posted bail as provided in
Section 20-9 the magistrate shall issue and have
delivered for execution a warrant for his arrest
within twenty days after his failure to appear as
promised. If a person promises to appear before an
officer authorized to accept bail other than a
magistrate and fails to do so on or before the date
which he promised to appear, then within twenty
days after the delivery of such written promise to
appear by the officer to a' magistrate having
jurisdiction over the offense, such magistrate
shall issue and have delivered for execution a
warrant for his arrest. When such person violates
his promise to appear before an officer authorized
to receive bail other than a magistrate, the
officer shall immediately deliver to the magistrate
having jurisdiction over the offense charged the
written promise to appear and the complaint, if
any, filed by the arresting officer.
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Section 20-12. Authority of Authorized City
Employees to Arrest Without Warrant
City officers or employees, when designated may
arrest persons without a warrant whenever they have
reasonable cause to believe that an infraction has
been committed by such persons.
Section 2. This ordinance shall become effective and be in full
force and effect from and after thirty (30) days of
its final passage and adoption.
Section 3. The City Council shall designate tbe City Attorney to
prepare a summary of this ordinance to bepublished
pursuant to Government Code Section 36933(c) (1) in
lieu of the full text of said ordinance. Prior to the
expiration of fifteen (15) days after the date of its
adoption, the City Clerk shall cause the summary to be
published in the Easy Reader, a weekly newspaper of
general circulation, published and circulated in the
City of Hermosa Beach.
Section 4. The City Clerk shall certify to the passage and
adoption of this ordinance, shall enter tbe 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 this day of March, 1988.
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California.
ATTEST:
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RESOLUTION P.C. 88-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, RECOMMENDING A TEXT ADMENDMENT ESTABLISHING
PENALTIES FOR CONDITIONAL USE PERMIT VIOLATIONS.
WHEREAS, the Planning Commission held a public hearing on
February 2, 1988 to receive oral and written testimony on this
matter and made the following Findings:
A. The Planning Commission desires to create a means of enforcing
the City's Conditional Use Permits;
B. This resolution will aid enforcement efforts to assure
compliance with City regulations;
C. In order to protect the health, safety and welfare related to
odors, noise and aesthetics, the Planning Commission deems
this Resolution necessary;
NOW, THEREFORE, the Planning Commission of the City of Hermosa
Beach, California, does hereby recommend the following:
Amend Article 20 Penalty as follows:
1. Change the numbering of Section 2000 to 20-1.
2. Change the numbering of.Section 2001 to 20-2.
3. Add the following new sections:
Section 20-3. Violation of Conditions of Conditional Use
Permits
No person shall violate any condition of a Conditional Use
Permit. Any person violating any of the said conditions shall
be guilty of an infraction.
Section 20-4. Penalties; Declaration ---
(1) Each violation is punishable as follows:
a. A fine of fifty dollars ($50.00) for the first
violation;
b. A fine of one hundred dollars ($100.00) for a second
violation of the same condition within one year;,
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c. A fine of one hundred fifty dollars ($150.00) for a
third violation of the same condition within one year;
and
d. A fine of three hundred dollars ($300.00) for each
additional violation of the same condition within one
year.
(2) Each person guilty of an infraction shall be guilty of a
separate offense for each and everyday during any portion
of which any violation is committed, continued or
permitted by such person and shall be punishable
accordingly.
Section 20-5.•Arrest - Notice to Appear
If any person is arrested for the violation and such person is
not immediately taken before a magistrate, as is more fully
set forth in the Penal Code of the State of California, the
arresting officer shall prepare, in duplicate, a written
notice to appear in court, containing the name and address of
such person, the offense charged, and the time and place where
such person shall appear in court.
Section 20-6. Appearance - Time Limitation
The time specified in the notice to appear shall be not less
than 11 days after such arrest.
Section 20-7. Appearance - Place
The place specified in the notice to appear shall be either:
(1) Before a judge of a justice court or a municipal court
judge within the county who has jurisdiction of the
offense and who is nearest and most accessible with
reference to the placewhere the arrest is made; or
(2) Upon the demand of the person arrested, before a judge of
the municipal court of the Los Angeles judicial district,
or before a judge of a justice court or a municipal court
in the judicial district in which the offense is alleged
to have been committed; or
(3) Before an officer authorized to receive a deposit of bail.
Section 20-8. Appearance - Promise
The officer shall deliver one copy of the notice to appear to
the arrested person, and the arrested person, in order to
secure a release, must give his written promise to appear in
court by signing the duplicate notice, which shall be retained
by the officer. Thereupon, the arresting officer shall
forthwith release the person arrested from custody.
Section 20-9. Notice - Filing - Bail Depositing
The officer shall, as soon as practicable, file a duplicate
notice with the magistrate specified in such notice. The
defendant may, prior to the date upon which he promised to
appear in court, may deposit with the magistrate the amount of
bail. Thereafter, at the time when the case is called for
arraignment before the magistrate, if the defendant does not
appear either in person or by counsel, the magistrate may
declare the bail forfeited and may at his discretion order
that no further proceeding shall be bad in this case. Upon
the making of such order that no further proceedings be bad,
all sums deposited as bail shall forthwith be paid into the
treasury of the county for distribution in the manner provided
by law.
Section 20-10. Appearance
A warrant shall not issue on such charge for the arrest of a
person who, pursuant to the provisions of this article, has
given such written promise to appear in court unless and until
he has violated such promise or has failed to deposit bail, to
appear for arraignment, trial or judgement, or to comply with
the terms and provisions of the judgement as required by law.
Section 20-11. Warrant - Issuance
When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has
not posted bail as provided in Section 20-9 the magistrate
shall issue and have delivered for execution a warrant for his
arrest within twenty days after his failure to appear as
promised. If a person promises to appear before an officer
authorized to accept bail other than a magistrate and fails to
do so on or before the date which he promised to appear, then
within twenty days after the delivery of such written promise
to appear by the officer to a magistrate having jurisdiction
over the offense, such magistrate shall issue and have
delivered for execution a warrant for his arrest. When such
person violates his promise to appear before an officer
authorized to receive bail other than a magistrate, the
officer shall immediately deliver to the magistrate having
jurisdiction over the offense charged the written promise to
appear and the complaint, if any, filed by the arresting
officer.
Section 20-12. Authority of Authorized City Employees to
Arrest Without Warrant
City officers or employees, when designated may arrest persons
without a warrant whenever they have reasonable cause to
believe that an infraction has been committed by such persons.
VOTE: AYES: Comms.DeBellis,Ingell,Peirce,Chmn.Compton
NOES: None
ABSTAIN: None
ABSENT: Comm.Rue
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CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 88-12 is a
true and com•lete record of the action taken by the Planning
Commi the City of Hermosa Beach, California at their
re:• arJ�ng of February 2, 1988. j7
Compton, Chairman
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ach.'Secre
January 28, 1988
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach Planning Commission February 2, 1988
SUBJECT: TEXT AMENDMENT 88-1 -- INFRACTION PROCESS FOR
VIOLATIONS OF CONDITIONAL USE PERMITS
INITIATED BY CITY COUNCIL AND PLANNING COMMISSION
Recommendation
Staff recommends adoption of the attached resolution.
Background
Both the City Council and Planning Commission have had serious
concern regarding enforcement of conditions imposed via
Conditional Use Permits, particularly with respect to alcohol
establishments in the downtown area. Staff was requested to
investigate this matter and provide solutions.
Analysis
The attached resolution provides a method for enforcing
Conditional Use Permits and is more efficient and effective than
the current method. Under the current method, if someone
violates the conditions of a Conditional Use Permit, a public
hearing to revoke the Conditional Use Permit is necessary; this
entails public notice to the newspaper, and to all property
owners and tenants within 300' of the subject use; it also
entails allowing public testimony by the applicant and others no
matter what the violation is.
Further, the only legal recourse, under the current method, the
Planning Commission has is to revoke the Conditional Use Permit,
thus putting the violator out of business even though the
violation may be of minor significance, such as failure to post a
particular sign.
Under the proposed method, the City could issue a ticket, similar
to a parking ticket, to the violator. The violator would be
forced to post ball of a certain amount depending on whether it
is a repeated violation. The violator would also have an..
opportunity to plead not guilty and have the case heard before a
magistrate.
This method allows the punishment to more appropriately fit the
violation.
If this proposed infraction process is approved, staff will then
provide the proper procedures to follow in implementing the
process, e.g. how many warnings prior to issuance of a ticket.
-to-
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It should be noted that the Planning Commission will still have
the opportunity to revoke a permit if dee ed necessary„ /'►
Mi !-e Schubch
Planning Director
r PLANNING COMMLON MINUTES - FEBRUARY 2, 19880 PAGE 2
TEXT AMENDMENT 88-1 — INFRACTION PROCESS FOR VIOLATIONS OF
CONDITIONAL USE PERMITS
Mr. Schubach gave staff report dated January 28, 1988. Both the City Council and
Planning Commission have had serious concern regarding enforcement of conditions
imposed via conditional use permits, particularly with respect to alcohol establishments
PLANNING COMM( .ON MINUTES - FEBRUARY 2, 1988 PAGE 3
in the downtown area. Staff was requested to investigate this matter and provide
solutions.
The proposed resolution provides a method for enforcing conditional use permits and is
more efficient and effective than the current method. Under the current method, if
someone violates the conditions of a CUP, a public hearing to revoke the CUP is
necessary; this entails public notice to the newspaper and to all property owners and
tenants within 300 feet of the subject use; it also entails allowing public testimony by the
applicant and others no matter what the violation is.
Further, the only legal recourse, under the current method, the Planning Commission has
is to revoke the conditional use permit, thus putting the violator out of business even
though the violation may be of minor significance, such as failure to post a particular
sign.
Under the proposed method, the City could issue a ticket, similar to a parking ticket, to
the violator. The violator would be forced to post bail of a certain amount depending on
whether it is a repeated violation. The violator would also have an opportunity to plead
not guilty and have the case heard before a magistrate. This method allows the
punishment to more appropriately fit the violation.
Mr. Schubach continued by explaining the monetary penalties imposed for violations.
If this proposed infraction process is approved, staff will then provide the proper
procedures to follow in implementing the process, e.g., how many warnings prior to the
issuance of a ticket. It should be noted that the Planning Commission will still have the
opportunity to revoke a permit if deemed necessary.
Mr. Lough stated that this is a procedure which many cities are beginning to follow. He
stated that the wording in the resolution is appropriate. He stated that the fine
structure is within the guidelines of State law.
Mr. Schubach stated that the model used for the proposed ordinance is based on the
current ordinance in use in Monterey Park, noting that it has been in place in that city
for approximately seven years.
Chmn. Compton asked who would actually be responsible for enforcement.
Mr. Schubach stated that a designated person from the Planning Department would be
responsible, in conjunction with the police department. He continued by explaining the
ticketing procedure which would be used.
Comm. Peirce asked by what method would someone be designated as the authorized
person responsible for enforcement.
.Mr. Schubach stated that specific wording in that regard would be incorporated into the
resolution. One person in the Planning Department will be designated, and the police
department would also be authorized personnel.
Chmn. Compton asked who will develop the evidence in the event a violation is
contested.
Mr. Schubach stated that coordination of evidence will be done by the Planning
Department in conjunction with the police department.
PLANNING COMMI(.JN MINUTES - FEBRUARY 2, 19880 PAGE 4
Public Hearing opened at 7:52 P.M. by Chmn. Compton. There being no citizens who
appeared to speak either in favor of or in opposition to the issue, the Public Hearing was
closed.
MOTION by Comm. Peirce, seconded by Comm. DeBellis, to accept staff's
recommendation to approve Resolution P.C. 88-12, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING A
TEXT AMENDMENT ESTABLISHING PENALTIES FOR CONDITIONAL USE PERMIT
VIOLATIONS. No objections; so ordered.
Honorable Mayor and Members
of the Hermosa Beach City Council
• March 3, 1988
City Council Meeting
of March 8, 1988
CITY MANAGER COMMENTS ON MID -YEAR BUDGET REVIEW
Recommendation
It is recommended that City Council receive and file this report;
and adopt the revised Budget Summary by Fund (Exhibit A - 1 & 2),
inclusive of all revisions to Revenues (Exhibit B), Appropria-
tions (Exhibit C - 1 & 2), Transfers (Exhibit D), and Designa-
tions (Exhibit E) per memorandum from Council meeting of February
23, 1988. Also, please note the attached supplemental memo of
Finance Administrator Viki Copeland dated March 3, 1988
Background
Mid -year budget review was presented to the Council at the
February 23 1988 meeting and was tabled to March 8, 1988 to ob-
ain fur her nformation and comments of the new City -Manager.
Analysis
The concern expressed by Councilmember Sheldon regarding the de-
cline in fund balances during the current fiscal year is an ap-
`ptopriate one, an eserves further explanation. The Finance
Administrator's attached memo provides further detail on these
fund balance declines.
In brief, the attached information indicates that the General
Fund capital expenditures increased from $60,817 to $360,391 from
the prior fiscal yeasrro the current one, and this trend con-
tinues with several other funds. This appears to be the most
significant factor in the declining balances. In approving the
budget, the City Council determined that the capital items were
necessary. By converting cash balances to publicac'iii£ies and
services, the Council is attempting to meet community needs
within the resources available. These decisions were made at the
start of the year and do not reflect changes being made at mid-
i" ar. Should the new Council wish to set new directions, it
would be most appropriate for those directions to be initiated
during the soon to be underway preparation of the FY 88-89
budget.
Regarding other comments on the mid -year review, the mid -year
adjustments are positive in that revenue is u $474,749_and ex-
penditures are down $61,177 in the General Fund. The recommended
designations_changes-are simply to restore the levels approved at
-the-start of the fiscal year. The lone exception is the Debt
Service designation which was eliminated due to a lack of
rationale for continuing it.
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As stated above, the best opportunity for new councilmembers and
staff input into the budget will begin shortly with the prepara-
tion of the next year's budget. Things that appear to be worthy
of review at that time include (1) the adequacy of a 3% unap-
propriated balance goal; (2) the establishment of an equipment
replacement fund consistent with the new fixed asset list; (3)
refinement of the capital program to include a longer city-wide
view of the needs; (4) review of fees and transfers to assure no
unintentional subsidy of service is being provided by the General
Fund; and (5) an aggressive look at City costs, especially "hid-
den" or "buried" costs such as employee benefits, liability and
workers compensation costs, as well as the adequacy of staffing
and efficiency of operations.
evin B. Nort /raft
City Manager
KBN/ld
NOTE: To save costs we have not re -duplicated the Feb. 23 agenda
packet material on this topic. If you no longer have it avail-
able, please notify the City Manager's office.
March 3, 1988
Honorable.Mayor and Members of City Council Meeting of
the Hermosa Beach City Council March 8, 1988
MIDYEAR REVIEW
FUND BALANCES 1987-88
It was observed at the meeting of February 23, 1988 that
estimated fund balances for 6/30/88 are lower than the actual
fund balances for 6/30/87. If current revenue and transfers are
less than expenditures, the result is a decrease in the fund
balance.
Fund balances are developed and approved as part of the budget
process. According to the Government Finance Officers
Association, fund balances should provide an adequate "cushion"
against economic recessions or unanticipated revenue shortfalls.
If fund balances are surplus, they should first be committed to
capital needs. Excessive funds balances may reflect poor
management or lack of policies.
Use of the fund balances in 1987-88 is primarily for
non-recurring capital improvement projects. A summary of these
CIP's and other non-recurring items is shown below:
GENERAL FUND
CIP 602 ELECTRICAL UPGRADE
604 DEPARTMENTAL IMPROVEMENTS
606 POLICE REMODEL
Capital Improvement Expenditures for
1986-87 Totalled $60,817
INSURANCE FUND (TRANSFER FROM GENERAL FUND)
Increase, Liability Premium
ICRMA, Additional Premium
CDBG (TRANSFER FROM GENERAL FUND)
Balance Due After Fund Exchange
$ 74,250
$105,550
$180,591
$ 78,000
$115,000
$ 44,765
LIGHTING FUND
CIP 201 LIGHT CONVERSIONS, NEW INSTALLATIONS
202 HERMOSA AVENUE LIGHTING
203 PIER LIGHTING REPAIRS
Capital Improvement Expenditures
1986-87 Totalled $47,479
STATE GAS TAX FUND
CIP 160 ROADWAY IMPROVEMENTS
165 BIKEWAY CONSTRUCTION
171 STREET REPAIRS
176 TRAFFIC CONTROL PRE-EMPTION
302 6TH STREET STORM DRAIN
Capital Improvement Expenditures In
1986-87 were $134,230
COUNTY GAS TAX
CIRCULATION ELEMENT
REVENUE SHARING
CAPITAL OUTLAY, POLICE/FIRE
SEWER FUND
CIP 402 REPLACEMENT OF PIPE
404 TARGET AREA I
405 REPLACEMENT, SEWER LINES
Capital Improvement Expenditures
for 1986-87 were $36,744
Concur:
/Kevin Nort c •a t
City Manager
VC/kc
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$ 55,000
$115,500
$ 13,200
$ 60,000
$ 9,766
$ 82,500
$ 46,200
$397,588
$ 37,000
$ 75,000
$652,951
$ 17,660
$528,000
Viki Copeland
Finance Administrator
Honorable Mayor and Members
of the Hermosa Beach City Council
MID -YEAR BUDGET REVIEW
1987-88 FISCAL YEAR
February 18, 1988
City Council Meeting
of February 23, 1988
RECOMMENDATION
It is recommended that City Council receive and file this report;
and adopt attached revised Budget Summary by Fund (Exhibit A - 1
& 2), inclusive of all revisions to Revenues (Exhibit B), Ap-
propriations (Exhibit C - 1 & 2), Transfers (Exhibit D), and
Designations (Exhibit E).
It is further recommended City Council receive and file Status
Report on Capital Improvement Projects (Exhibit F - 1 thru 5).
BACKGROUND
This is the seventh mid -year budget review conducted by the City
Council. This review is an opportunity for both City Council and
City staff to analyze the financial operation of the City mid -way
through the fiscal year and make adjustments as deemed necessary.
ANALYSIS
The overall short term financial picture for the City of Hermosa
Beah is good.
Revenue
(Exhibit B)
The net increase for projected revenue is $474,749. As you will
note on Exhibit B, the two areas that show the largest increases
are Business License at $139,500 and the additional 4% Utility
Users Tax at $195,213.
Business License
Business License reflects a substantial increase due to this
being the first full year of the increase in license fees and an
increase in the number of licenses issued.
Utility User Tax
The estimate for the 4% U.U.T., $195,213, is conservative based
on the final three months of revenue for last fiscal year. This
is an estimate only which is needed for fund balance purposes.
Each month the total U.U.T. receipts for the month will be calcu-•
lated and the exact amount representing 4% transferred into the
Park & Recreation Facility Tax Fund.
1
•a
The final actual figure will differ from the estimated figure
listed above.
Appropriations
(Exhibit C - 1 & 2)
Appropriations are the monies City Council has approved for ex-
penditure by all City departments.
All departments are operating within budget and are expected to
do so through the end of the fiscal year. However, some adjust-
ments are needed and staff is recommending the City Council ap-
prove the following additional appropriations:
City Treasurer + $ 700
Employee Health Benefits + $ 37,812
CIP 87-606, Police Remodel + $ 26,811
Parking Fund - $133,000
Insurance Fund + $ 6,500
City Treasurer +$700
This request is for general operating expenses within the depart-
ment and is based on the present rate of expenditures which is
expected to hold constant through this fiscal year.
Employee Health Benefits +$37,812
CS
Health benefits were originally underestimated. The calculation
omitted one health plan thereby creating an understated
appropriation.
CIP 87-606 Police Remodel +$26,811
As part of the City's plan to withdraw from RCC and the major
remodel project taking place in the Police Department because of
that withdrawal, the Records Bureau and Property rooms also need
to be updated/converted. Additional funds are needed for this
project. Exhibit G - 1 through 8 provides the details of this
project and the additional funds requested.
Parking Fund -$133,000
As part of the adopted 87/88 budget, the Parking Fund contained
$133,000 earmarked for the beginning design phase of a parking
structure at the Community Center. As this is no longer a
priority with the City Council, staff felt it more prudent to
unappropriate those funds which means they will be transferred
back into the General Fund.
Insurance Fund +$6,500
Medicare costs appear to be underestimated. These costs are dif-.
ficult to project because only new employees are subject to the
contribution. The amount of turnover has a direct impact on the
costs. This appropriation, based on the January, 1988 payroll,
should be adequate for the remainder of the year.
Transfers
(Exhibit D)
General Fund - Transfer In
Revenue projections for the Parking Fund are estimated to in-
crease by $25,900 and that combined with the action to unap-
propriate $133,000 for the Community Center Parking Structure
results in a net amount of $158,900 being transferred from the
Parking Fund into the General Fund.
General Fund - Transfer Out
o The additional 41 Utility User Tax of $195,213 will be trans-
ferred out of the General Fund and into the Park & Recreation
Facility Tax Fund and earmarked for the purchase of the AT&SF.
o The CDBG deficit will be reconciled with a transfer of $44,765
from the General Fund into the CDBG Fund.
o It is necessary to transfer $95,969 from the General Fund into
the Insurance Fund to provide funding for the estimated work-
er's compensation liability as of 6/30/87. The workers com-
pensation liability is being moved from the General Fund to
the Insurance Fund since all costs are reflected there. As
this cost is now reflected on the City's Financial Statement
in the Insurance Fund, we are simply transferring same.
Designations
(Exhibit E)
The anticipated General Fund balance as of June 30, 1988 is proj-
ected at $978,084. The previous City Council earmarked several
designations for this fund balance. They were:
Asset Replacement
Capital Improvements
Reserve for Contingency (includes 3% reserve)
Open Space Acquisition
Debt Service
Affordable Housing
It is important that City Council understand that designations
and their amounts are determined by the City Council. You may
change the designations and the amounts as you wish. The only
designation that should not be adjusted at this point is Afford-
able Housing at.$46,831 since the matter is in litigation.
Staff therefore suggests the following designations and amounts
for the General Fund Balance:
Asset Replacement $120,000
City Council may want to adjust this figure once the fixed asset
replacement study is completed. The results of that study are
expected within the next six weeks.
Capital Improvements $243,165
This is the amount originally in the 87/88 budget. Amounts ap-
propriated from this designation since July 1, 1987 ($133,280)
have been restored.
Reserve For Contingency $368,088
Of this total amount, 3% or $258,236 is "earmarked" as the City's
reserve.
Prospect Park Acquisition $200,000
Affordable Housing $46,831
Funds relating to condominium conversions were designated in this
account.
Please note staff has omitted the designation of Debt Service and
folded those monies into the Reserve for Contingency. There is
no apparent need for this type of designation.
Revenue/Appropriation Charts
Attached are two pie charts depicting the sources of revenue for
all funds and appropriations by function for all funds. The
charts are only meant to provide a pictorial representation of
where the City's funds come from and where they are spent in
general.
CONCLUSION
We believe this mid -year budget review reflects the continuing
effort on the part of the City Council and City staff to provide
services to the citizens of Hermosa Beach in an efficient and
cost effective manner.
Alana M. Mastrian Viki Copeland
Acting City Manager
Finance Administrator
Honorable Mayor and Members of the
Hermosa Beach City Council
Re: Revised Revenues, Midyear Review
Below are the recommended revisions to the estimated revenues:
GENERAL FUND
February 16, 1988
City Council Meeting of
February 23, 1988
ESTIMATED MIDYEAR INCREASE
REVENUE REVISION (DECREASE)
12-31-87
Taxes
3101 Current Year Secured $1,991,978.00 $1,991,978.00
3102 Current Year Unsecured $139,157.00 $154,756.00
$15,599.00
3103 Prior Year Collections $150,000.00
3104 Interest/Penalties $1$5,000.00
$5,000.00 $5,000.00
3105 Other Property Taxes $100.00 $100.00
3106 Supplemental Roll SB813 $30,000.00 $60,000.00
3107 Transfer Tax $70,000.00 $30,000.00
3108 Sales Tax $1,717,522.00 717,522.00 $22,576.00
3110 Cable TV Franchise $ $1,$78,000.00
$78,000.00 $78,000.00
3111 Electric Franchise
$30,000.00 $33,200.00
3112 Gas Franchise
3113 Refuse Franchise $98,000.00 $98,000.00
102,208.00 $98,000.00
3114 Transient Occupancy 3115 Business Licensy $102,208.00 $131,324.00 $29,116.00
e
3120 Utility User Tax $1,084,320.00 $1,279,533.00 $195,213.00
Licenses and Permits
3202 Dog Licenses $13,500.00
3203 Bicycle Licenses $200.00
$ $13,500.00000.00
3204 Building Permits $160,000.00$
3205 Electric Permits $38,000.00 $160,000.00
3206 Plumbing Permits $30,000.00 $38,000.00
$30,000.00
3207 Occupancy Permits $3,000.00
$5,000.00
3209 Garage Sales $100.00 $100.00
3210 Bingo Permits $200.00 $200.00
3211 Banner Permits $500.00 $500.00
3212 Animal /Fowl Permits $100.00 $185.00
3213 Animal Redemption Fee $3,500.00 $3,500.00
3214 Amplified Sound Permit $0.00 $0.00
$5,889,985.00
$6,321,989.00 $432,004.00
Fines & Forfeitures
3301 Vehicle Code Violations $90.000.00
3303 Court Fines/Police Dept $40,000.00 $100,000.00 $10,000.00
$40,000.00
$2,000.00
$85.00
$249,100.00 $251,185.00
$2,085.00
$130,000.00
Exhibit B-1
$140,000.00 $10,000.00
ESTIMATED
REVENUE MIDYEAR INCREASE
12-31-87 REVISION (DECREASE)
GENERAL FUND
Use of Money & Property
3401 Interest Income $40,000.00 $56.000.00 $16,000.00
3402 Rents & Concessions $5,700.00 $6,900.00 $1,200.00
3403 Pier Revenue $9,960.00 $9,960.00
3404 Comm Ctr Leases $60,000.00 $60,000.00
3405 Comm Ctr Rentals $50,000.00 $50,000.00
3406 Comm Ctr Theatre $12,000.00 $12.000.00
3411 Other Facilities $59,000.00 $59,000.00
3412 Tennis Courts $12,500.00 $12,500.00
3416 Oil Royalties $5,000.00 $5,000.00
,*254.160.00
$271,360.00 $17,200.00
Intergovernmental/State
3504 In Lieu Off Highway $409.00 $409.00
3505 In Lieu Motor Vehicle $629,826.00 $629,826.00
3507 Highway Maintenance $6,000.00 $6,000.00
3508 Mandated Costs $0.00 $2,171.00 $2,171.00
3509 Homeowner Prop Tx Relief $64.000.00 $64,000.00
3510 Post $15,000.00 $15,000.00
3511 Stc-Svc Off Training $10,000.00 $10,000.00
3514 Cigarette Tax $52,000.00 $52,000.00
3515 Supplemental Subvention $25,254.00 $25,254.00
$802,489.00 $804,660.00
Current Service Charges
3801 Residential Inspection $12,000.00 $12,000.00
3802 Sign Review $700.00 $700.00
3803 Environmental Impact $11,960.00 $8,280.00
3806 Board of Appeals $1,325.00 $900.00
3808 Zone Variance Review $3,000.00 $3,000.00
3809 Tentative Map Review $5,640.00 $4,515.00
3810 Final Map Review $625.00 $625.00
3811 Zone Change Review $1,800.00 $1,800.00
3812 Conditional Use Review $10.000.00 $10,000.00
3813 Plan Check Fees $100,000.00 $100,000.00
3814 Planning/Zoning Appeal $1,500.00 $1,500.00
3815 Public Works Services $12,000.00 $12,000.00
3816 Curb/Sidewalk Repair $100.00 $100.00
3817 Special Curb Marking $500.00 $500.00
3818 Police Services $15,000.00 $15,000.00
3819 Jail Services $28,000.00 $28,000.00
3820 Trusty Admin Fee $2,000.00 $2,000.00
3821 Fingerprint Service $2,500.00 $2,500.00
3823 Special Event Security $13,500.00 $13,500.00
3824 Vehicle Inspection Fees $2,000.00 $2,000.00
3825 Public Notice Posting $100.00 $100.00
3827 Library Grounds Maint $5,510.00 $5,510.00
3831 Street Cut Inspection $27.000.00 $27,000.00
P 2
$2,171.00
($3,680.00)
($425.00)
($1,125.00)
GENERAL FUND
ESTIMATED
REVENUE MIDYEAR INCREASE
12-31-87 REVISION (DECREASE)
3834 Encroachment Permit $1,500.00 $1,500.00
3836 Fumigation Inspect Fee $7,000.00 $7,000.00
3837 Returned Check Charge $760.00 $760.00
3838 Sale of Map/Publications $600.00 $600.00
3839 Photocopy Charges $1,000.00 $1,000.00
3840 Ambulance Transport $6,500.00 $6,500.00
3841 Police Towing $25,000.00 $32,000.00
3857 Parking Plan Application $1,090.00 $1,090.00
3858 Tenant Refuse Billing $0.00 $1,250.00
$300,210.00
$7,000.00
$1,250.00
$303,230.00 $3,020.00
Other Revenue
3901 Sale of Real/Pers Property $8,000.00 $8,000.00
3902 Refunds/Reimb Prev Yr $1,000.00 $6,669.00
3903 Contributions Non Govt $1,000.00 $1,000.00
3904 General Miscellaneous $100.00 $2,700.00
$10,100.00 $18,369.00
FUND TOTALS $7,636,044.00
LIGHTING DISTRICT FUND
$5,669.00
$2,600.00
$8,269.00
$8,110,793.00 $474,749.00
Taxes
3101 Current Year Secured $397,647.00 $397,647.00
3103 Prior Year Collections $40,000.00 $40,000.00
Use of Money & Property
3401 Interest Income
PARKING FUND
$437,647.00 $437,647.00
$60,000.00
FUND TOTALS $497,647.00
$50,000.00 ($10,000.00)
$487,647.00 010,000.00)
Fines & Forfeitures
3302 Court Fines/Parking $1,400,000.00 $1,400,000.00
Use of Money & Property
3401 Interest Income $47,000.00 $30,000.00 ($17,000.00)
3407 Parking Lot Rental $31,104.00 $29,104.00 ($2,000.00)
3409 Lot B $18,411.00 $18,411.00
3413 VPD Lease $65,000.00 $65,000.00
$161,515.00
P 3
$142,515.00 ($19,000.00)
PARKING FUND
ESTIMATED
REVENUE MIDYEAR INCREASE
12-31-87 REVISION (DECREASE)
Current Service Charges
3842 Parking Meters $500,000.00 $550,000.00
3843 Parking Permits: Annual $150,000.00 $150,000.00
3844 Daily Parking Permits $3,500.00 $3,500.00
3845 VPD Lot Permits/Daily $3,500.00 $3,500.00
3846 VPD Lot Permits/Monthly $7,000.00 $7,000.00
3847 Validation Stamps $6,000.00 $2,000.00
3848 Driveway Permits $1,800.00 $500.00
3849 Guests Permits $1,500.00 $1,500.00
3850 Contractor's Permits $500.00 $780.00
3851 Key Cards $100.00 $20.00
FUND TOTALS
STATE GAS TAX FUND
$673,900.00
$2,235,415.00
$718,800.00
$2,261,315.00
$50,000.00
($4,000.00)
($1,300.00)
$280.00
($80.00)
$44,900.00
$25,900.00
Use of Money & Property
3401 Interest Income $25,000.00 $25,000.00
Intergovernmental/State
3501 Section 2106 Allocation $83,274.00 $83,274.00
3502 Section 2107 Allocation $169,593.00 $169,593.00
3503 Section 2107.5 Allocation $4,000.00 $4,000.00
3522 TDA Article 3(SB 821) $0.00 $4,869.00 $4,869.00
FUND TOTAL
COUNTY GAS TAX FUND
Use of Money & Property
3401 Interest Income
Intergovernmental/County
3601 County Aid to Cities
FUND TOTAL
PARK & RECREATION FACTY FUND
Taxes
3116 Park Rec Facility Tax
Use of Money & Property
3401 Interest Income
Other Revenue
3910 Park Recreation in Lieu
FUND TOTAL
$256,867.00 $261,736.00
$281,867.00 5286,736.00
$700.00
$16,000.00
$16,700.00
$70,000.00
$10,000.00
$70,000.00
$1,400.00
$16,000.00
$17,400.00
$85,000.00
$15,000.00
$185,000.00
5150,000.00 $285,000.00
P4
$700.00
$700.00
$15,000.00
$5,000.00
$115,000.00
$135,000.00
REVENUE SHARING FUND
3401
CDBGFUND
3414:'
PROP A FUND
Use of Money & Property
Interest Income
Fund Exchange
ESTIMATED
REVENUE MIDYEAR INCREASE
12-31-87 REVISION (DECREASE)
$0.00 $1,916.00 $1,916.00
$0.00 $177,190.00 $177,190.00
Taxes
3117 Proposition A Transit $183,176.00 $183,176.00
3121 Subregnl Incentive Fds $108,680.00 $108,680.00
Use of Money & Property
3401 Interest Income $5,000.00 $5,000.00
Current Service Charges
3852 Fares ESEA $3,000.00 $1,810.00
3854 Fares Dial A Ride $3,500.00 ($4,300.00)
$ $7,800.00 $4,300.00
3855 Bus Passes 3,500.00 $3,500.00
$291,856.00 $291,856.00
$10,000.00
$13,110.00 $3,110.00
Other Revenue
3911 Inner -City Revenue $30,000.00
$30,000.00
FUND TOTAL $336,856.00
GRANT FUND
Use of Money & Property
3401 Interest Income
Intergovernmental/State
3523 Clark Courts 86-1-19095 $20,000.00
3524 Parks Irrig 86-1-19096 $31,000.00
$51,000.00
Intergovernment/Federal
3701 Federal Aid Urban $322,241.00
FUND TOTAL $373,241.00
P5
$339,966.00 $3.110.00
$17.00 $17.00
$20,000.00
$31,000.00
$51,000.00
$322,241.00
$373,258.00 $17.00
CROSSING GUARD FUND
ESTIMATED
REVENUE MIDYEAR INCREASE
12-31-87 REVISION (DECREASE)
Taxes
3101 Current Year Secured $73.495.00
3103 Prior Year Collections $5.464.00
Use of Money & Property $78,959.00
3401 Interest Income $0.00
FUND TOTAL $78.959.00
SEWER FUND
Use of Money & Property
3401 Interest Income $20.000.00
Intergovernmental/Co
3602 Beach Outlet Mtce $10.000.00
Current Service Charges
3828 Sewer Connection Fee $20,000.00
3829 Sewer Demolition Fee $1.200.00
3832 Sewer Lateral Inatalltn $8,000.00
$29.200.00
Other Revenue
3906 In Lieu Sewer Fee $10.000.00
FUND TOTAL $69.200.00
INSURANCE FUND
Use of Money & Property
3401 Interest Income
$73,495.00
$5,464.00
$78,959.00
$233.00
$233.00
$79,192.00 $233.00
$25,000.00 $5,000.00
$5,000.00 ($5.000.00)
$30,000.00
$1,200.00
$8,000.00
$10,000.00
$39,200.00 $10,000.00
$63,000.00 $53.000.00
$132,200.00 $63,000.00
$0.00 $10,000.00 $10,000.00
GRAND TOTALS $11,675,929.00
P6
$12,562.613.00 $886,684.00
001 GENERAL FUND
105 LIGHTING
110 PARKING FUND
115 STATE GAS TAX
120 COUNTY GAS TAX
CITY OF HERMOSA BEACH
BUDGET SUMMARY BY FUND
1987 - 88 BUDGET
. MIDYEAR REVIEW
ACTUAL ESTIMATED PROPOSED TRANSFER ESTIMATED
FUND BALANCE REVENUE APPROPRIATIONS IN - (OUT) FUND BALANCE
JUNE 30, 1987 1987-1988 1987-1988 JUNE 30, 1988
• $1,858,132 $8,110,793 $8,607,874 $1,724,424 $ 978,084*
(2,107,391)
1,242,674 487,647 520,606 (100,500) 1,109,215
14,846 2,261,315 939,308 (1,322,007) 14,846**
440,667 286,736 863,535 . 358,404 38,294
(183,978)
63,165 17,400 (53,000)' 27,565
*Fund balance includes designation for:
Asset Replacement 120,000
Capital Improvements 243,165
Reserve for Contingency 368,088
(3% reserve 258,236]
** Fund balance includes $9,592 Parking Capital Improvements
5,254 Parking Facilities
Prospect Park Acquisition
Affordable Housing
EXHIBIT A -1
200,000
46,831
Revised 2/23/88.
ESTIMATED
FUND BALANCE
JUNE 30, 1987
ESTIMATED
REVENUE
1987-1988
PROPOSED TRANSFER
APPROPRIATIONS IN - (OUT)
1987-1988
125 PARK RECREATION
FACILITIES
130 REVENUE SHARING
140 CDBG
145 PROPOSITION A FUND
150 GRANT FUND
155 CROSSING GUARD
160 SEWER FUND
705 INSURANCE FUND
$ 303,958
116,908
(221,955)
111,594
4,123
( 890)
890,683
314,130
TOTAL 5,138,035
$ 285,000
1,916
177,190
339,966
373,258
79,192
132,200
10,000
12,562,613
$ 163,000
479,339
449,224
87,958
1,329,361
768,615
14.208,820
*Fund balance includes designation for: Prospect Park $50,000
ATSF $195,213
**Fund balance includes reserve for self-insured retention $300,000
EXHIBIT A-2
$ (134,422)
195,213
(92,122)
44,765
59,298
110,983
(35,000)
(4,500)
800,000
(254,652)
994,485
-0-
ESTIMATED
FUND BALANCE
JUNE 30, 1988
$ 486,749*
26,702
-0=
31,519
4,140
(14,156)
238,870
550,000**
3.491.828'
Revised 2/23/88
MIDYEAR REVIEW 1987-88
REVISIONS TO APPROPRIATIONS
APPROPRIATIONS REVISIONS TOTAL.
12/31/87 APPROPRIATIONS
GENERAL FUND $8,542,382
CITY TREASURER + $700
EMPLOYEE HEALTH BENEFITS + 37,812
CIP 606, POLICE REMODEL + 26,811
$65,323
PARKING FUND $1,072,308
COMMUNITY CENTER
PARKING STRUCTURE - $133,000
INSURANCE FUND $762,115
• MEDICARE + $6,500
EXHIBIT CI
$8,607,705
$939,308
$768,615
GENERAL FUND - DEPARTMENT
CITY COUNCIL
CITY CLERK/RECORDS
ELECTIONS
LEGAL - ATTORNEY
LEGAL - PROSECUTOR
CITY TREASURER
CITY MANAGER
FINANCE/ADMINISTRATION
PERSONNEL
CABLE TV
DATA PROCESSING
BUSINESS LICENSE
GENERAL APPROPRIATIONS
EMPLOYEE HEALTH BENEFITS
RETIREMENT
PROSPECTIVE EXPENDITURES
POLICE
FIRE
ANIMAL CONTROL
CIVIL DEFENSE
STREET MAINTENANCE
PLANNING
PLANNING COMMISSION
BUILDING
PUBLIC WORKS ADMINISTRATION
BOARD OF APPEALS
BUILDING MAINTENANCE
EQUIPMENT SERVICE
COMMUNITY RESOURCES
COMMUNITY RESOURCES COMMISSION
PARKS
CAPITAL IMPROVEMENT PROJECTS
TOTAL
RECAP OF APPROPRIATIONS
1987-88 BUDGET
APPROPRIATIONS SPECIAL FUND - DEPARTMENT
80,612
56,505
17,900
335,146
29,790
36,470
120,496
216,587
108,854
11,313
239,864
82,776
71.997
363,702
984,045
87,948
2,352,483
1,137,805
91,453
57,073
277,318
160,970
7,120
255,518
138.673
400
255,533
114,639
321,780
150
216,833
376.121
8,607,874
STREET LIGHTING FUND
STREET LIGHTING DIVISION
CAPITAL IMPROVEMENT PROJECTS
PARKING FUND
VEHICLE PARKING DISTRICT
PARKING ENFORCEMENT
COMM CTR. PKG STRUCTURE
STATE GAS TAX FUND
MEDIANS
TRAFFIC SAFETY
CAPITAL IMPROVEMENT PROJECTS
PARKS RECREATION FACILITY TAX FUND
CAPITAL IMPROVEMENT PROJECTS
PROPOSITION A FUND
DIAL -A -RIDE
ESEA
BUS PASS
COMMUTER BUS STUDY
CIRCULATION ELEMENT
GRANT FUND
CAPITAL IMPROVEMENT PROJECTS
CROSSING GUARD DISTRICT
SEWER FUND
SEWER/STORM DRAIN
CAPITAL IMPROVEMENT PROJECTS
INSURANCE FUND
LIABILITY INSURANCE
AUTO/PROP/BONDS
WORKER'S COMPENSATION
UNEMPLOYMENT INSURANCE
MEDICARE
EXHIBIT C2
OTHER FUND TOTAL
GRAND TOTAL
APPROPRIATIONS
336.906
183,700
58,100
881,208
-0- .
125,761
141,720
596,054
163.000
148,449
164,269
14,121
82,500
70,000
449,224
87,958
130,750
1,198,611
440,765
56,850
182,000
75.000
14,000
5,600,946
14,208,820
Revised 2/23/88
MIDYEAR REVIEW 1987-1988
REVISIONS TO BUDGET TRANSFERS
TRANSFERS REVISION TOTAL
12/31/87
- IN (OUT)
GENERAL FUND
TRANSFER IN $1,565,524
FROM PARKING FUND
REVENUE REVISIONS + $25,900
DELETE PARKING - 133,000
STRUCTURE 158,900
TRANSFER OUT ($1,771,444)
TO PRK REC FAC TAX FUND
47. UTILITY USER TAX
TO CDBG
BALANCE DUE AFTER FUND EXCHANGE
TO INSURANCE FUND
WORKERS COMP.LIABILITY
PARKING FUND
TRANSFER OUT ($1,163,107)
TO GENERAL FUND
PARK RECREATION FACILITY TAX FUND
TRANSFER IN -0-
FROM GENERAL FUND
CDBG FUND
TRANSFER IN -0-
FROM GENERAL FUND
INSURANCE FUND
TRANSFER IN $898,516
FROM GENERAL FUND .
EXHIBIT D
+ $158,900
$1,724,424
+($195,213)
+ ($44,765)
+ ($95,969)
($335,947) ($2,107,391)
+($158,900)
($1,322,007)
+$195,213 $195,213
+ $44,765 $44,765
$95,969 $994,485
MIDYEAR REVIEW 1987-88
REVISIONS TO DESIGNATIONS
BALANCE REVISION BALANCE • COMMENT
AS OF 12/31/87
GENERAL FUND
CAPITAL IMPROVEMENTS $109,885 + $133,280 $243,165 Replaces amounts
appropriated since
7/1/87 .
CONTINGENCY 181,492 + 186,596 368,088 Restores 3% reserve,
includes $65,005 from
debt service contin-
gency and balance of
unappropriated funds '
.DEBT SERVICE 65,005 - 65,005 -0- Deleting this design-
ation, shown in de-
signation for cont-
ingency
PARK REC FACILITY TAX FUND
ATSF
-0- + 195,213 195,213 Estimate of 470 UUT
effective 3/1/88
EXHIBIT E
REVENUE - ALL FUNDS
1987-88 MIDYEAR BUDGET REVIEW
SVC CHARGES L %
1074
USE/MONEY.PROP 6&891
724
INtTGVT/FFD 2.6%
822
OTHER REVENUE 24%
296
LIC/PERMITS 2.0%
251
`IeTGvricouNrY 0.2%
APPROPRIATIONS ALL FUNDS
1987-88 MIDYEAR BUDGET REVIEW
CAP IMPROVIANT 20.1)16
OEN OW 25.4%
Odor to 'Washed kw for doparbsed Dstlng
TNANOPTII 14.7116
COMM DEV OAS
----
IN THOUSANDS
CULTURE/LENIN UM
2111
PUBLIC *AMITY MO%
MOB
4
KEY TO APPROPRIATIONS BY FUNCTION
Departments listed in each category
generally this grouping follows the
Controller.
GENERAL GOVERNMENT *
CITY COUNCIL
CITY CLERK
ELECTIONS
CITY ATTORNEY
CITY PROSECUTOR
CITY TREASURER
CITY MANAGER
FINANCE
PERSONNEL
CABLE TV
DATA PROCESSING
BUSINESS LICENSE
GENERAL APPROPRIATION
LIABILITY INSURANCE
AUTO/PROPERTY/BONDS
EMPLOYEE BENEFITS
RETIREMENT
PROSEPECTIVE EXPENDITURES
UNEMPLOYMENT
WORKERS COMPENSATION
MEDICARE
CULTURE/LEISURE
PARKS
are arguable, however,
report required by the State
PUBLIC SAFETY
POLICE
FIRE
CROSSING GUARDS
ANIMAL CONTROL
STREET LIGHTING
CIVIL DEFENSE
TRANSPORATION
MEDIANS
SEWER/STORM DRAIN
TRAFFIC SAFETY
STREET MAINTENANCE
VEHICLE PARKING DISTRICT
PARKING ENFORCEMENT
DIAL A RIDE
ESEA
BUS PASS SUBIDY
CIRCULATION ELEMENT
COMMUTER BUS STUDY
COMMUNITY DEVELOPMENT
PLANNING
PLANNING COMMISSION
BUILDING
PUBLIC WORKS ADMINISTRATION
BOARD OF APPEALS
BUILDING MAINTENANCE
EQUIPMENT SERVICE
COMMUNITY RESOURCES
COMMUNITY RESOURCES COMMISSION
* This category is overstated since insurance and employee
benefits are not distributed departmentally. The
distribution schedule for insurance is being developed at
this time and employee benefits will follow.
DATE: FEBRUARY 4, 1988
TO:
FROM:
STEVE WISNIEWSKI, PUBLIC SAFETY DIRECTOR
VIKI COPELAND, FINANCE ADMINISTRATOR
CAPTAIN VAL STRASER, ADMINISTRATIVE SERVICES
SUBJECT: CIP 87-606 PROJECT COST ESTIMATES FOR RECORDS
BUREAU AND PROPERTY ROOM CONVERSIONS
RECORDS BUREAU CONVERSION
In order for the Records Bureau to function properly while
temporarily housed in the E.O.C. room and Anderson Hall, the
following listed items must be either added and/or corrected.
DISPATCHING
1. The Police UHF radio console receives/transmits only to
Hermosa units. RCC cannot be heard nor can they receive 1
PDX's transmissions.
Existing portable radios are inadequate because of the
inability to transmit from the basement area.
Two new UHF frequency crystals have to placed into our
existing repeater broadcast system.
Repair by Advanced Electronics:
Estimated Cost: $250.00
2. The Clemars VHF radio does not transmit or receive. This
radio needs to be repaired so it can be used in cases of
emergency and for area helicopter air to ground commu-
nications.
Repair by Advanced Electronics:
Estimated Cost: $100.00
(1)
EXHIBI•T G1
TELEPHONE INSTALLATION
1. An RCC hotline needs to be installed for direct phone
communication with dispatch.
2. There are presently two (2) RC multiline phones on the E.O.C.
console, one of those phones needs to be converted to
376-7981 direct Hermosa Beach Police business line with
extensions 317, 318, 311 and 312. This telephone also needs
to be relocated on the main desk.
3. One (1) additional multiline telephone with the 376-7981
Police business line, and extensions 317, 318, 311, and 312.
This phone would be located on the Records desk in Anderson
Hall.
4. Two (2) single line phones (with 1-6 pickup capability)• are
also needed - 1 for the Records Supervisor desk and (1) for
the console.
5. One (1) single line phone (with 1 line capability) in Offi-
cer's room briefing area.
Installation by G.T.E.:
Estimated Cost: $1,050.00
'Per G.T.E., it is unknown if new
:cables have to be installed.
Best estimate is $150.00 per
telephone. 7 telephones requested.
Estimated Total: $1,050.00
(2)
F.XNTRTT (:2
COMPUTER TERMINALS/PRINTERS
1. All existing computer terminals and printers need to be
relocated downstairs for records use and Officer's room.
Installation by Cable Exchange:
70 ft. Trunk line for 7 devices
Harness $150.00
Harmonica 30.00
Labeling 35.00
Connectors 98.00
Labor 300.00
Estimated Cost: $588.00
Return installation back upstairs:
Estimated Cost: $200.00
Estimated Total: $788:00
2. Temporary JDIC (WARRANTS) terminal and printer on -loan from
L.A. County Sheriff's Department until Countywide Warrant
System is operative on Records computer terminal. Install
downstairs and return upstairs into new Records Bureau.
Installation by DATA COM:
Estimated Total: $500.00
RECORDS OFFICE EQUIPMENT
Installation and removal by ACME Visible:
Moveable files containing all records case/folders.
ACME Visible File
"Magic Aisle 820"
Install existing file container in Anderson Hall
Estimated Cost: $•2,500.00
(3)
EXHIBIT G3
Install back upstairs after construction
Estimated Cost: $2,500.00
Estimated Total: $5,000.00
OTHER RECORDS EQUIPMENT
Extra Steel Shelves
Steel Racks
High Stack Boxes
Warrant Boxes
Booking Form Boxes
Employee Mail Box
Purchase From Business Systems Supply
Estimated Cost: $1,677.00
$95.00
295.00
1,035.00
32.00
85.00
135.00
SECURITY
1. Two dutch doors are needed to provide security and counter
space for records.
Installation by Public Works:
Estimated Cost: $300.00
MISCELLANEOUS COSTS
Includes incidental labor costs not listed and minor equipment
costs not listed.
Estimated Cost: $600.00
TOTAL ESTIMATED COST: $10,265.00
(4)
EXHIBIT G4
PROPERTY ROOM CONVERSION
The present Police Department Property/Evidence storage room is
needed to house telephone and computer equipment due to major
remodeling that is planned for the Police Station. The present
Police pistol range has been closed forinadequate ventilation
and a portion of the range has been set aside for a new property
room. Metal shelves providing 878 square feet of storage area
will provide the most effective use of the new area. The boxes
are needed to insure an organized storage system that facil-
itates quick retrieval and maintains a secure "chain of custody"
environment. To accomplish this, the below items need to be
purchased and/or installed in the new property room.
Shelves $2,500.00
Boxes
900.00
Purchase from Business Systems Supply
Total: $3,400.00
Present plans call for high security area within the Property
room. This is to be accomplished by fencing off a corner of the
room. Firearms, money, drugs and any other item(s) of high value
will be stored in this area.
•Installation by California Fence Company:
Wire Mesh Fence $1,000.00
Total: $1,000.00
Urine jars from drunk driving cases provide some unique problems
for storage. If stored together in a cardboard box and breakage
occur, the box would weaken and possible cause other jars to
(5)
EXHIBIT G5
break. To prevent this, a file card cabinet would be a safe and
simple method of storage.
File Card Cabinet (used) $200.00
Purchase from Business Systems Supply
Total: $200.00
One file cabinet would store cash and the other would store high
grade drugs. The heavy duty locking bars along with the locks
would provide additional security.
Two File Cabinets (5 drawer) $626.00
Two File CAbinet Locking Bars 60.00
Two Padlocks 20.00
Purchase from Business.Systems Supply
Total: $706.00
The present lock on the range door is only an "entry lock" and
not adequate for a property room.
Deadbolt Lock $30.00
Heavy Duty Strike Plate 10.00
Purchase from Aviation Lock & Key
Total: $40.00
The phone lines are needed in the new Property room. One for a
phone and the other for a computer terminal for the Property
records.
Two Telephone Lines $300.00
G.T.E. Estimate
The present ceiling tiles are contaminated with lead deposits
(6)
EXHIBIT G6
from the firearms use and should be replaced to prevent
health hazards.
Ceiling Tiles $450.00
Best Estimate - No Contacted Vendor
TOTAL ESTIMATED COSTS: $6,096.00
(7)
EXHIBIT G7
DISPATCHING TR.ANSMITTER_SITE
The Dispatch Transmitting Site will be located at the California
Water Service property at 16th St. and Prospect Ave.
The Transmitter facility will include the following:
1. Foundation: Concrete slab, 10 ft. X 10 ft., 4 to 6 inches
in depth except for the area of the antenna tower base which
will be 3 ft. in depth. The tower case will require a 2 ft.
X 2 ft. area of the concrete slab.
2. Building: To be constructed of concrete block, reinforced
and with conventional asphalt shingle roof. Outer dimen-
sions 6 ft. X 8 ft. The building would be painted as per
color requirements of California Water Service.
Installation by Dave Garrett Construction
Estimated Cost: $9,000.00
3. Antenna System: Rohn tower, model 25, 30 ft. section self
supporting with no guy lines. (Refer to enclosed engin-
eering plans.)
Estimated Cost: $400.00
One V.H.F. Stationmaster antenna, 22 ft. in length mounted
top -center to give an overall height of 52 ft.
Estimated Cost: $350.00
One U.H.F. Stationmaster antenna, 7 ft. in length, side
mounted.
Estimated Cost: $350.00
One 800 megahertz antenna, 8 ft. in length, side mounted.
Estimated Cost: $350.00
The antenna structure to be grounded and antenna systems
lightning protected
Manufactureres Actual Costs
Installation by Advanced Electronics
Total Estimated Costs:
TOTAL PROJECT COST:
EXHIBIT G8
/O\
$1,450.00
$10,450.00
March 3, 1988
Honorable Mayor and Members City Council Meeting
of the Hermosa Beach City Council of March 8, 1988
CITY MANAGER COMMENTS ON
STATUS OP CAPITAL IMPROVEMENT PROJECTS
Recommendation:
To receive and file Public Works Director Antich's report of sta-
tus on Capital Improvement Projects dated February 16, 1988.
Background:
This information report was presented to Council on February 23,
1988 with the Mid -year Budget Review, and was tabled to March 8
to allow input from the City Manager.
Analysis:
The report represents a quick synopsis of the capital projects
funded in the current fiscal year, and reflects considerable
progress on most at this point in the year. Considerable prog-
ress on all projects is contemplated in the current year, which
is impressive given the number and size of projects approved for
this fiscal year.
Being an information report, there are no changes being recommen-
ded to alter previous Council direction on ese prof etc s. As
i cated in my comments on the mid -year review, the best oppor-
tunity for new Councilmembers and staff to provide input in the
City's budgetary procedures and priorities is forthcoming with
the start of the Fiscal Year 1988-89 budget process.
While I hope to limit changes in the format of the annual budget
due to the extraordinary time such changes in an already compli-
cated process can consume, I anticipate considerable changes in
the Capital Improvement Program. These changes will be designed
to expand the utility of this document as a long range planning
and financial forecasting document for Citywide capital needs.
evin = . North aft
City Manager
RBN/ld
811
CITY OF HERMOSA BEACH MEMORANDUM
TO: Alana Mastrian, Acting City Manager
FROM: Anthony Antich, Director of Public Works
SUBJECT: Status of Capital Improvement Projects
Mid -year Budget Review FY 87-88
DATE: February 16, 1988
Street and Safety Improvements
CIP 85-102 FAU, Widen Highland Ave., from Longfellow to
35th Street
Status: Preliminary design report to City Council on
October 13, 1987. Final design approval by City
Council on December 15, 1987. Plans submitted
to Caltrans in February 1988. Anticipate City
Council authorization to bid in May 1988.
Budget g $104,819
Expended to date $ 3,691
Anticipated Expenditure by June 30, 1988 $ 10,041
CIP 85-137 FAU, Valley/Ardmore at Gould Avenue
Status: Project dropped by City Council on October 13,
1987.
Budget S72,600
Expended to date $ 3,759
Anticipated Expenditure by June 30, 1988 $ 3,759
CIP 85-138 FAU, Traffic Signal Improvements
Status: Design plans and specifications being reviewed by
Caltrans. Anticipate City Council approval and
authorization to bid in March 1988.
Budget g $186,505
Expended to date $ 6,966
Anticipated Expenditure by June 30, 1988 $186,505
CIP 85-160
Roadway Improvements & Appurtena ices
Budget
Expended to date $60 -00
Anticipated Expenditure by June 30, 1988 $60,000
EXHIBIT F1
-.1 -
CIP 87-165
Budget
Expended to
Anticipated
CIP 87-170
Status:
CIP 87-171
Status:
Hermosa Beach Miscellaneous Bikeway Construction
date $9,766
-0-
Expenditure by June 30, 1988 $9,766
Street Sealing
Not Funded.
Various Street Repairs
Deficiencies are being inventoried. Anticipate
City Council authorization to bid in February
1988.
Budget
Expended to date $85,500
Anticipated Expenditure by June 30, 1988 $85,500
CIP 88-173
Status:
CIP 88-174
Status:
CIP 86-176
Status:
AC Overlay for Portions of Valley/Ardmore
FY 88-89
AC Overlay for Portions of Prospect Avenue
FY 88-89
Traffic Control Pre-emption
Anticipate including with CIP 85-138. Design
plans and specifications being reviewed by
Caltrans. Anticipate City Council approval and
authorization to bid in March 1988.
Budget g $46,200
Expended to date $ 4,604
Anticipated Expenditure by June 30, 1988 $46,200
CIP 85-201
Status:
Street Lighting Improvements
Light Conversion and New Installations
Pacific Coast Highway, Herondo Street re -lighting
completed. Strand between 27th and 35th is
scheduled next. Letter to be sent residents.
Budget j $35,938
Expended to date $ 9,297
Anticipated Expenditure by June 30, 1988 $35,938
CIP 85-202 Hermosa Avenue Lighting
Status:
Installed energy saving high pressure sodium
lights and rewired from series to parallel
circuit on Hermosa Avenue between 10th Street &
14th Street. Hermosa Avenue between 15th St. &
EXHIBIT F2
27th St. Is scheduled next to be followed with
Pier Avenue.
Budget
$115,500
Expended to date $ 23,702
Anticipated Expenditure by June 30, 1988 $100,000
CIP 85-203 Pier Lighting Grounding
Status:
Grounding of Pier necessary prior to installation
of lighting. Award of bid February 9, 1988.
Anticipate construction start March 10, 1988.
Budget
Expended to date $36,323
Anticipated Expenditure by June 30, 1988 $32,262
Sewers/Storm Drains
Beach Drive Improvements
Council award of construction contract January
12, 1988 to Colich & Sons at a cost not to exceed
$302,397. Council award of contract for
Inspection and Contract Administration Services
to BSI Consultants, Inc. on January 26, 1988, at
a cost not to exceed $24,745. Anticipate
construction start March 1, 1988.
CIP 86-302
Budget
Expended to
Anticipated
CIP 85-402
Status:
date $397,588
$ 5580
Expenditure by June 30, 1988 $397,588
Sewer Replacement, Target Area 2
Construction complete. City Council to accept
work as complete on January 12, 1988.
Budget $652,951
Expended to date $469,666
Anticipated Expenditure by June 30, 1988 $575,126
CIP 84-404
Status:
Budget
Target Area 1, Sanitary Sewer Replacement
Not acceptable as complete
Expended to
Anticipated
(J & J Sewer)
date $17,660
$ 2,190
Expenditure by June 30, 1988 1 S 2,190
CIP 86-405 Replacement and Upsizing of Sanitary Sewer Lines
City wide
Status: Council award of design contract to Harris &
Associates on November 10, 1987 in an amount not
to exceed $43,648. Design scheduled for
completion March 31, 1988.
EXHIBIT F3
- 1 -
Budget S528,000
Expended to date $ 11,174
Anticipated Expenditure by June 30, 1988 $200,000
Park Improvements
CIP 85-502 Prospect Park Development
Status: Opening expected March 1988. Rain caused delay.
Newly seeded grass areas not yet established.
Budget $153,000
Expended to date $ 40,066
Anticipated Expenditure by June 30, 1988 $ 53,000
CIP 86-506 Various Park Improvements
Status: In Progress.
Budget $10,000
Expended to date S 4,490
Anticipated Expenditure by June 30, 1988 $10,000
CIP 87-507 Clark Field Tennis (Kelly) Court Resurfacing
Status: Bids received September 11, 1987. Request to
City Council for authorization to re -bid October
13, 1987. Bids received November 20, 1987. City
Council awarded contract on January 12, 1988 to
Richard Zanio at a cost not to exceed $51,480.
Budget $56,300
Expended to date $ 72
Anticipated Expenditure by June 30, 1988 $56,300
(transfer of $31,000 Parklands Grant Fund from CIP 87-508 to CIP
87-507; Council action 1/12/88 - see CIP 87-508)
CIP 87-508 Park Irrigation Restoration
Status: No work to date. Anticipated start date March
1988.
Budget $29,000
Expended to date -0-
Anticipated Expenditure by June 30, 1988 $29,000
Public Buildings and Grounds'
CIP 86-601 City Fuel Dispensing Equipment
Status:
Fuelforce fuel dispensing equipment project
complete and accepted by City Council on July 13,.
1987.
Construction contract for closure of tanks at the
Police Department yard and City yard (paint
thinner tanks) awarded a contract on December
EXHIBIT F4
-.4 -
Budget
15, 1987 to Diamond Pacific at a cost not to
exceed $13,530. Anticipate completion February
1988.
Expended to
Anticipated
CIP 86-602
Status:
Budget
Expended to
Anticipated
CIP 86-604
Status:
Budget
Expended to
Anticipated
CIP 87-606
date $ 2,135
Expenditure by June 30, 1988 $14,435
Electrical Upgrade at City Hall
City Council awarded design contract on November
10, 1987 to Joncich Sturm & Associates at a cost
not to exceed $19,250. Design to be completed by
February 1988. Anticipate authorization to
advertise for bids February 23, 1988.
$15,730
date $74,250
$ 306
Expenditure by June 30, 1988 $74,250
Building Improvements at Various Locations
In progress.
date $105,550
$ 19,874
Expenditure by June 30, 1988 $105,550
Police Department Remodel
City Council awarded design contract to Joncich
Sturm & Associates on October 13, 1987 at a cost
not to exceed $14,630. Design to be completed by
March 1988.
Budget $153,780
Expended to date -0-
Anticipated Expenditure by June 30, 1988 $153,780
cip/m
EXHIBIT F5
-5-
I
Honorable Mayor and Members
of the Hermosa Beach City Council
Recommendation:
March 2, 1988
City Council Meeting
of March 8, 1988
PROPOSED BILTMORE SITE APPRAISAL
That the City Council authorize the City Manager to obtain the
appropriate appraisal on City owned lands commonly referred to as
the Biltmore site from a certified appraiser, not to exceed
$15,000 in total cost from Prospective Expenditures.
Background:
At the Council meeting of February 23, 1988, the City Council
requested that staff obtain market estimates of the Biltmore site
from local realtors, and obtain an estimate on what an M.A.S.
appraisal would cost.
Analysis:
Market estimates from local realtors are now in process, and the
staff is estimating a complete appraisal will cost approximately
$15,000. Since the last meeting, discussions with the Railway
Company on City acquisition of the surplus right of way has in-
creased the possible benefit of obtaining a complete appraisal as
soon as possible.
To accomplish this, staff contacted Art Mazirow, a citizen and
expert real estate negotiation attorney who has volunteered his
assistance to the City. Three recommendations for appraisers
were received from Mr. Mazirow, and we anticipate selection of
one of them based on cost and speed of work considerations.
Kevin B. North raft
City Manager
KBN/ld NOTED FOR FISCAL IMPACT:
Viki Copeland
Finance Administrator
CITY OF HERMOSA BEACH MEMORANDUM
DATE: March 1, 1988
TO: Councilmember Roger Creighton
FROM: City Manager Kevin Northcraft
C
RE: Response to memo of February 29, 1988 regarding the City
Treasurer's bond
Your memo pertains to the City's failure to have the new City
Treasurer bonded prior to assuming office. As you may know, this
error has been corrected and the City Treasurer has been bonded
since mid-February, 1988.
Responses to inquiries indicate that bonds of this type were not
handled by the City's insurance broker but had been arranged di-
rectly by the City Manager. Terms of the bonds coincide with
elected officials terms, but had not been adjusted since the
elected officials terms were changed.
When the error was discovered, Personnel transferred the bonds to
our insurance broker and had them updated. In addition, I have
approved the attached administrative memorandum that includes an
emphasis on obtaining bonds for the Clerk and Treasurer prior to
assumption of office.
The City Attorney indicates it is doubtful the Council has any
liability for this error, but the point is moot since nothing
improper occurred during the "unbonded" period. Since the Coun-
cil has approved the bond amounts, no further Council action is
needed.
While a series of rare circumstances permitted this oversight,
the changes that have been made --City Manager via Personnel to
handle bonds through City's insurance broker pursuant to Ad-
ministrative Memorandum --give assurances that the error will not
be repeated.
Kevin Nort cr
City Manager
KN/ld
cc: City Council
Personnel Director
10d
•
C
r
ADMINISTRATIVE MEMORANDUM
TO: ALL DEPARTMENTS FUNCTION: ADMINISTRATION
FROM: KEVIN B. NORTHCRAFT
CITY MANAGER
SUBJECT : NEWLY ELECTED OFFICIALS
NO: A-12
The City Manager's Office shall be responsible for. orienting new-
ly elected officials to their respective positions and ensuring
that necessary processing is accomplished by the appropriate em-
ployee or department.
When a newly elected official is approved by the voters, contact
shall be made to arrange a meeting to take care of necessary pro-
cessing. Processing shall include the following points, which
shall be amended as appropriate to assure a comprehensive
checklist is maintained:
1. Introductions to City staff & City Rosters
2. Availability of conferences/workshops • for new officials
3. City Code, manuals, and procedures as appropriate
4. Bonds; NOTE: The City Clerk and Treasurer's bonds are
required BEFORE entering office. See Gov. Code Sec. 36518.
5. Budget materials
6..City Vehicles, parking as appropriate
7. Schedule of meetings as appropriate
8. Salary and benefit information
9. Keys as appropriate.
10.Organization Charts
11.Business Cards/City Stationery/Nameplates
Kevin B. Nor
City Manager
/'
craft
ISSUED :
REVISED :
March 1, 1988
February 29, 1988
Fellow Councilmembers:
I am deeply concerned regarding the apparent lack of
compliance with State Law regarding the execution of a bond
for the City Treasurer.
As you know, a new City Treasurer was elected on November 3,
1987. Government Code § 36518 states: "Before entering upon
the duties of their offices, the City Clerk and City
Treasurer shall each execute a bond to the city."
(Underlining added) Our City Code §2-3 sets the amount
of the bond to be $2,000 for City Clerk and $50,000. for
City Treasurer. Government Code § 36520 requires that the
City Council approve all bonds. Since we have not approved
any bond for the new treasurer, I must assume that one has
not been obtained.
Has our treasurer been doing the duties of his office since
November 24, 1987 without being bonded?
I request that my fellow Councilmembers join me in the
following actions:
1. That an approval for a bond for the City Treasurer be on
our next City Council agenda.
2. That appropriate staff prepare a written explaination
as to why this has not been done, whose responsibility
it was to do, and how procedure can be corrected that
this does not happen again.
3. That the City Attorney give us an opinion as to our
liability as Councilmembers should something have
happened during this period of not having a bond.
Thank you for your consideration.
Roger D. Creighton
cc: City Treasurer
1 ' s OFFICERS—GENERAL § 3655 18
Title 4.-''' ,.s�;�t�> Div. 3
§ 522 at
t.
from la:
s members
t the goy.
:at agency.
•
Historical Note
The 1955 amendment inserted the clause Derivation:
reading "if the offices of city clerk and 36514.
city treasurer are elective" in the second
sentence.
lusive, of
addition
ampensa-
ncil or by `<
nunicipal•
-
§ 534.
ni during
an during
I shall not
E a council
;uch coon
276,1 5..
Cross References
Enactment of ordinances, see § 36931 et seq.
Notes of Decisions
1. In general
Where it was found on sufficient evi-
dence that duties of city clerk of city of
the sixth class and of city purchasing
agent were not incompatible, city clerk
was entitled to receive extra pay for per-
forming the functions of city purchasing
agent.288,
�Raymond 2d Bartlett (1947) 175
283.
In action by treasurer for fees, the fact
that after his taking office, the salary had
been changed, would not be a defense un-
der Municipal Corporations Act 1883, §
855. Greene v. Town of Lakeport (1925)
239 P. 702, 74 C.A. 1.
"Until it became a law, the compensa-
tion fixed for the office of city clerk re-
mained at the sum at which it had been
19ed by the ordinance of February 9,
920—the sum of $150 per month. It fol-
lows, therefore, that the increase in the
city clerk's compensation took place after,
one $.523 et
ated
.etv'e, such , ,>
ek,eia t=on
145, § 1, as
•
See Derivation under
§
and not before, petitioner's election and
the commencement of his term of office,
and that, as to him or any other incum-
bent during the term for which petitioner
was elected, the old ordinance measures
and determines the compensation to be
r easid e er (e 1925)clerk."
235 P. 665, 71 C.A. 234.
The percentage allowed to a city treas-
urer, under Municipal Corporation Act, §
876, was to be computed on the amount
paid out by him from that which had been
received. City of Sierra Madre v. Lehmer
(1912) 129 P. 287, 20 C.A. 377.
Although there is no express authority
permitting a city council to regulate the
working hours and the place of work of a
city clerk, §§ 6702, 40812 and this section
implicitly recognized existence of such au-
thority in city council. 43 Ops.Atty.Gen.
119, 3-19-64.
§ 36518. Bonds; clerk and treasurer
Before entering upon the duties of their offices, the city clerk and
city treasurer shall each execute a bond to the city. Except as other-
wise provided, the bonds shall conform to the provisions of this code re-
lating to bonds of public officers. The penal sum of the bond shall be
in a reasonable amount recommended by the city attorney and fixed by
the city council, by resolution, and may be changed during their terms
of office. (Added Stats.1949, c. 79, p. 145, § 1; as amended Stats.1965,
c. 457, p. 1766, § 1.)
Historical Note
days before the election or appointment of
the officers" in the third sentence.
Derivation: Stats.1883, e. 49, p. 267. §
853: Stats.1931, c. 132, p. 16 , Stats;
Stats.1933, c. 516, p. 1321, §
1941, c. 156, p. 1194, § 1; Stats.1947, c.
1441, p. 3008, § 1.
The 1965 amendment substituted the
word "bonds" for "bond" in the second
sntence; substituted the words
reasonable" for "the" preceding "amount."
and the words "resolution, and may be
changed during their terms of office" for
"ordinance adopted not less than thirty
35 CaI.Code-25
385
Title 4
'aLLaw Re-
$, PP• 299.
surer is not
by a bond
dully "per -
!e of trens-
the oblign-
reasurer is
taken from
dissenting.
(1898) 45
.. 461. In
therefore
sting upon
le city of
which the
a as bailee
f the stat -
r the mon-
al capacity
•ested upon
ce of these
lid not en -
of his sur -
3 violently
city in his
the action.
letense, of
is sureties.
sea upon a
which al -
re, as uow
!e conced-
r or em -
Div. 3 OFFICERS—GENERAL § 36522
§ 36520. Bonds; approval; filing
The city council shall approve all bonds. When approved, the
clerk's bond shall be filed with the mayor, and other bonds shall be filed
with the city clerk. (Added Stats.1949, c. 79, p. 145, § 1.)
Derivation: See Derivation under § 38518.
Cross References
Approval of bonds, see § 1451.
Official bonds, generally, see § 1450 et seq.
§ 36521. Bonds; laws applicable
Except as otherwise provided, all laws relating to the official bonds
of officers apply to bonds required by this chapter. (Added Stats.1949,
c. 79, p. 145, § 1.)
Derivation: See Derivation under § 36518.
Cross References
Official bonds, see § 1450 et seq.
§ 36522. City money; deposit; report; accounting
Any officer or employee collecting or receiving any money belong-
ing to, or for the use of, the city shall deposit it immediately in the
treasury in the manner prescribed by ordinance for the benefit of the
funds to which it belongs. He shall report such deposits to, and settle
with, the city clerk, or director of finance if that office has been estab-
lished by ordinance, on the first Monday in each month or at such
shorter intervals as are prescribed by ordinance. (Added Stats.1949, c.
79, p. 145, § 1, as amended Stats.1959, c. 1294, p. 3445, § 1.)
Historical Note
The 1959 amendment added the provi- Derivation: Stats.1883, c. 49, p. 279, §
cions authorizing settlement with the 885; Stats.1933, c. 516, p. 1339, § 38;
director of finance. Stats.1943, c. 184, p.1079, § 2.
Cross References
Public moneys of city to be deposited with treasurer, see Const. art. 11, § 16.
Library References
Municipal Corporations 4=0172. C.J.S. Municipal Corporations § 546.
Notes of Decisions
Draper v. Grant (1949) 205 P.2d 399, 91
C.A.2d 566.
1. In general
Where money collected by city judge as
a fine was deposited with city treasurer
u required by statute and thereafter city
judge had no authority to withdraw it
from treasury, mandamus would not lie
against judge to compel such action.
Recorder of sixth -class city had duty to
receive and to pay over fines, in absence
of statutory provision for collection.
People v. Floyd (1926) 247 P. 917, 78 C.
A. 11.
387
12-2.26 ADMINISTRATION 4 2-3
either to accept, reject or modify the planning commission rec-
ommendation
ecommendation at a regularly scheduled or adjourned regular meet-
ing within sixty (60) days following the close of the public hear-
ing, then in that event the city council shall lose jurisdiction and
the recommendation of the planning commission shall be of no
further force or effect. (Ord. No. N. S. 418, 4 2, 4-4-72)
Sec. 2-2.25.. Review of administrative orders or de-
cisions.
. The Code of Civil Procedure, Section 1094.6, pertaining to
the time limits for the judicial review of administrative
orders or decisions, is hereby made applicable to any person
who seeks judicial review of such decision, pursuant to Code
of Civil Procedure, Section 1094.5. (Ord. No. 81-658, f 1,
3-24-81)
Sec. 2-2.26. City council waiver of appeal fees.
In those instances where the city council, by resolution, deter-
mines it in the public interest to accept applications, appeals or
petitions without the requisite filing fee, the city shall accept
such applications, appeals or petitions through the city council
subject to the requirements specified in said resolution. The city
council, in making its determination as to whether to waive the
required fee, shall only do so based on a finding of demonstrated
financial hardship shown by the applicant, appellant or petition-
er. In making its determination, the city council may waive all or
part of the fee normally charged for the application, appeal or
petition to the city council. (Ord. No. 85-812, $ 1, 8-27-85)
Sec. 2-3. Bonds of city clerk and city treasurer.
Pursuant to section 36518 of the state Government Code, the
bonds of the city clerk and the city treasurer are hereby fixed at
the following amounts:
City treasurer $50,000.00
City clerk 2,000.00
(Ord. No. 62 N. S., 1 1; Ord. No. N. S. 365, 41, 7.15-69)
Supp. No. 4-86
12.9
Law Offices of James P. Lough
JAMES P. LOUGH
March 1, 1988
MEMORANDUM
CITY OF HERMOSA BEACH
30 NORTH RAYMOND AVENUE
SURE 708
PASADENA, CALIFORNIA 91103
(213) 381-6131
(818) 792-4728
(818) 792-4776
REGULAR CITY COUNCIL MEETING OF MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: City Liability Arising Out of Policy of Allowing
Vehicles to Encroach Upon Sidewalks
Recommended Action: For council to set policy.
At the first meeting in February, the City Council directed
the City Attorney to look at potential liability under the
current policy of allowing cars to encroach over a sidewalk as
long as 3 feet are allowed for pedestrian passage. This section
possibly conflicts with the Vehicle Code as pointed out in the
staff report at the council meeting of February 9, 1988. A copy
of the staff report is attached to this memo.
The city policy is one where the City Council has basically
directed parking enforcement personnel to not ticket vehicles
which overhang sidewalks if there is at least 3 feet passage for
pedestrians. The question would be whether this contradiction
with state law would give rise to any legal liability for the
city. After a review of the state tort claims laws, I feel that
such a resolution would not give rise to liability. Under
Government Code Section 818.2, it states as follows:
A public entity is not liable for an injury
caused by adopting or failing to adopt an
enactment or by failing to enforce any law.
This section and its companion section of Government Code �.
Section 821 would seemingly exempt the city from liability under
this scenario. However, the fact that these immunities exist
does not mean that personswould not attempt to use city policy
to gain a settlement or to establish liability by invalidating
the statutes.
If the primary policy goal is to eliminate liability or
suits under this city policy, the City Council should repeal its
22/SR0308C -1-
REGULAR CITY COUNCIL MEETING OF MARCH 8, 1988
TO: Mayor and Members of the City Council
FROM: James P. Lough, City Attorney
RE: City Liability Arising Out of Policy of Allowing
Vehicles to Encroach Upon Sidewalks
policy and allow parking personnel to enforce as they see fit
considering the facts and circumstances of each case. In other
words, leave the discretion with city personnel. Such a course
of action is always safer in that opinions may vary on the
application of the code section listed above to the particular
circumstances of any case.
CONCUR:
Respectful lubmitte
VIN B. NORT RAFT, City Manager
Attachment
S P. LOUGH, City Attorney
ITY OF HERMOSA BEACH
CITY MANAGER COMMENTS:
The policy of using discretion in enforcing
encroachment violations is no doubt reasonable
in a beach area, but I concur in the City
Attorney's concern that the Council giving
specific direction can be misinterpreted as
failure to enforce state law. I recommend
the Council rescind the '84 directive and
direct staff to enforce as they see fit
considering the facts and circumstances of
each case.
KBN
22/SR0308C -2-
el
January 28, 1988
Honorable Mayor and Members City Council Meeting of
of the City Council February 9, 1988
REPORT REGARDING PARKING ENFORCEMENT POLICY PERTAINING TO
VEHICLES BLOCKING THE SIDEWALK
Recommendation:
It is recommended that the City Council receive and file this
report.
Background:
At your regularly scheduled meeting of January 26, 1987, the City
Council directed staff to submit a report clarifying the
department's policy pertaining to vehicles parked on the
sidewalk.
Our written parking enforcement policy, Section 1 -Responsibility,
item 3, states to enforce all "clearly defined violations"
observed. Section 3 -General Guidelines, item 2 states Sidewalk
Violations -The City Council has directed that "where there is a
clearly defined sidewalk and a vehicle is parked so as to not
allow 3' for pedestrian access, that vehicle should be cited".
The first instruction, stated above, is very clear, it is the
officer's responsibility to cite all clearly defined violations
that they observe. The second instruction, stated above, is
equally as clear. The basis for the second instruction, as
stated, is found in the attached minutes from the City Council
Meeting of March 13, 1984. We have been following this direction
of the Council since that date.
Analysis:
While it is true that we are a demand/response department i.e. =
response to complaints, we also deploy personnel to regular
enforcement routes. The officers assigned to parking enforcement
concentrate their efforts from Pacific Coast Highway west. The
officer assigned to animal control is also assigned to cite any
parking violations (that he/she observes) east of Pacific Coast
Highway. This is because the officer assigned to animal controls
patrols the whole city approximately four or five times during a
shift. Our statistics indicate that this person so assigned
does, in fact, issue parking citations. The officer assigned to
animal control, for the last quarter of 1987, wrote a total of
176 parking citations, for the quarter. Our written policy
directs that all officers are to cite any clearly defined
violation that they observe, this would include going to and from
a complaint/response.
1
IMP
The California Vehicle Code, Section 22500F(see attached),
prohibits the parking or standing of a vehicle on a sidewalk. It
does not specify how much of the vehicle must be parked on the
sidewalk. If one observed the letter of the law, two inches
could be a citable offense. In March of 1984, when a previous
City Council directed us to enforce Section 22500F of the CVC
where the parked vehicle will not allow a three foot passage, it
is my opinion that they were directing us to follow the
spirit/intent of the law, rather than the letter of the law. The
City Attorney, at the time, stated that the motion was a
reasonable one, at least in the short run. It is very likely
that if our officers are passing up vehicles parked on the
sidewalk, it is because those vehicles are not encroaching on the
three foot passage way.
Alternatives:
1. Recind the direction of the
to follow the letter of the
2. Direct staff to deploy more
Highway.
Jo aft Noon
General Services Director
/9./
Concur: G:e4e * 0!/-4J
Alana Mastrian
Acting City Manager
previous council
law.
enforcement east
2
and direct staff
of Pacific Coast
�'
HERMOSA BEACH SCHOOL DISTRICT (continued)
The Public Hearing was opened. Speaking were:
Wayne Smith, 65 Monterey Boulevard - re South School sale -
,against large development, wants low density use, asked for
careful consideration.
Betty Schweisthal, 21 Durado Place, Rolling Hills Estates -
Owner and Operator of St. Clare's Preschool - stated she had
a new lease for additional classrooms at South School for an
infant care center and a family counseling center.
Hank Doerfling, 1011 - 2nd Street - urged further communication
with the School District.
Frances Parker, 521 Loma Drive - advised Council that the
revenue from the sale of the school sites could only be
used for capital improvements, not books, teacher's
salaries, etc - recommends light industrial.
The Public Hearing was closed.
ACTION - (1) To reject the School District proposal and
uphold the decision of the Planning commission; (2) instruct
the City Manager to communicate to the Board of Trustees
and Superintendent of the Hermosa Beach School District the
City Council'_s interest in a purchase of the entire South
School site, the lower playgrounds at Prospect Heights
School at Hollowell and Prospect, the Seaview Parkette at
19th and Prospect, for a price not to exceed $3,500,000
(including $100,000 of Z'Berg funds for purchase of Seaview
Parkette); and (3) that the City Manager make recommendations
regarding potential financing techniques to acquire the
school sites.
Motion Mayor Brutsch, second Barks
AYES - Barks, Schmeltzer, Mayor Brutsch
NOES - Webber, Wood
PUBLIC HEARING RE ENFORCEMENT POLICY PERTAINING TO VEHICLES
BLOCKING THE SIDEWALK AND ALSO TO PERMIT PARKING ON BOTH
SIDES OF SECOND AND THIRD STREETS BETWEEN PACIFIC COAST
HIGHWAY AND PROSPECT. Memorandum from General Services
Director Joan Noon dated March 5, 1984. Supplemental informa-
tion - see Written Communications from the Public. -
The staff report was presented by General Services
Director Joan Noon who showed slides of the area under
consideration.
Fire Chief Simmons stressed the need for enough room for
the fire engines to navigate the streets throughout the City
and Police Captain Straser indicated the major impact of
•parking on both sides of the street would be the safety
of the children in the area of the parkette. •
-6-. Minutes 3-13-84
2ND AND 3RD STREET PARKING (continued)
The Public hearing was cpened. Coming forward to speak
were:
Roy Palmer, 1909 Bayview - asked Council to address problem
City-wide.
Alicia Dean, 1122 - 1st Place - stressed need to park in
driveway across sidewalk because of ill husband.
Steve Cresi, 1148 - 2nd Street - alleged selective enforcement.
Tony DeBellis, 629 - 3rd Street - apply standards City-wide and
recommended setback building codes be examined.
Wayne Smith, 65 Monterey - residential driveways too short so
developers can furnish sufficient in -door parking places.
Dick Sullivan, 824 - 3rd Street - violations should be cited
only on complaint
Thomas Anderson, 1144 - 2nd Street - against citing violators
and parking on both sides of the street
Gene Gennetti, 1025 - 7th Street - suggested policy be
established City-wide - his van will not fit in driveway.
Don Kissler, 917 - 6th Street - objects to tax to park in your
own driveway or in front of it and suggested red -zoning to
to alternate parking on both sides of street
John Toman, 311 - 27th Street - 65% of City traffic is on
30' wide streets with parking on both sides
Dan Johnson, 925 - 3rd Street - new construction on 3rd Street
does not have enough setback to open garage doors with car
in drive, suggested changing legislation.
Rebecca G. Duarte, 929 - 3rd Street - has camper and comatose
grandaughter, needs to park in driveway and both sides of street
Bonnie Wolfe, 1212 - 3rd Street - inadequate analysis of
problem, wheelchairs safer in street, not in favor of parking
on both sides of street.
Joe Angeletti, 959 - 2nd Street - has vans thus need for
parking on both sides of street.
Hank Doerfling, 1011 - 2nd Street - parking on both sides of
street necessary. ' •
Parker Herriott, 224 - 24th Street -
over the sidewalks.
Roger Creighton, 1101 - 2nd Street
pedestrians who must have access
the blocking of the sidewalks.
against allowing parking
- sidewalks belong to
- fatalities result from
The Public Hearing was closed.
PROPOSED ACTION - (1) Establish an interim policy, City-wide,
that where there is a clearly defined pedestrian access
walkway, vehicles blocking the access to a point where a --
pedestrian cannot safely pass without.going into the street, be
cited under Section 22500F of the California Vehicle Code;
(2) the City *Attorney to seek an exception to Section 22500F
of the California Vehicle Code; and (3) staff to study the
feasibility of changing the Building Code -for garage setbacks
for new construction.
Motion•Barks, second Schmeltzer
AYES - Barks
NOES - Schmeltzer, Webber, Wood, Mayor Brutsch
Motion fails.
•
-7- Minutes 3-13-84
r +.
2ND AND 3RD STREET PARKING (continued)
ACTION - Prepare a resolution asking the Planning Commission
to review the appropriate ordinances to determine if the
setbacks for parking are currently adequate.
Motion Schmeltzer, second Barks
AYES - Barks, Schmeltzer, Webber, Mayor Brutsch
NOES - Wood
FURTHER ACTION - To direct appropriate staff to review
parking in that instance where there is parking on one side
of the street and the need to move on street cleaning day,to
allow parking on the other side of the street.
Motion Schmeltzer, second Barks
AYES - Barks, Schmeltzer, Webber, Wood, Mayor Brutsch
NOES - None
PROPOSED ACTION - To direct appropriate staff
question of reducing the width of streets and
size of pedestrian ways so that at some point
it would be possible to allow parking on what
public right-of-way and allow parking on both
street where appropriate.
Motion Schmeltzer, second Barks
AYES - Barks, Schmeltzer
NOES.- Webber, Wood, Mayor Brutsch
Motion fails
to review the
increase the
in the future
is now the
sides of the
General Services Director Noon, upon questioning of Council,
advised that the enforcement policy for the past two years,
prior to this particular issue, was to respond on a complaint
basis only.
FURTHER ACTION - To enforce Section 22500 of the California
Vehicle Code where the parked vehicle will not allow a three-
foot passage.
Motion Schmeltzer, second Mayor Brutsch
AYES - Schmeltzer, Webber, Mayor Brutsch
NOES - Barks, Wood (with stipulation this motion abrogates law)
Prior to the vote on the above motion, City Attorney Post
ystated that the motion was a reasonable one, at least in. the
vshort run.
City Manager Meyer expressed concern that this enforcement
would cause a dramatic increase in citations.
•
FINAL ACTION - To direct the Planning Commission to review
various alternatives for improving the parking situation
throughout the community, one of these alternatives to be
extending the width of the sidewalk area and reducing the
width of the street.
'Motion Schmeltzer, second Webber
AYES - Barks, Schmeltzer, Webber, Mayor Brutsch
NOES - Wood
-8- Minutes 3-13-84
(b) A local authority may, by ordinance or resolution, adopt additional
requirements for the public safety regulating any type of vending from
vehicles upon any street.
Added Ch. 362, Slats. 1984. Effective January 1, 1985.
Amended Ch. 495, Slats. 1985. Effective January 1, 1986.
CHAPTER 9. STOPPING, STANDING, AND PARKING
Prohibited Stopping, Standing, or Parking
22500. No person shall stop, park, or leave standing any vehicle whether
attended or unattended, except wnen necessary to avoid conflict with other
traffic ori`n compliance with the irections of a peace officer or official traffic•'
con ro evice, in any of the tollowing places:
(a) Within annersection except adjacent to curbs as may be permitted
by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier or a
taxicab may stop in an unmarked crosswalk to load or unload passengers
when authorized by the legislative body of any city pursuant to ordinance.
(c) Between a safety zone and the adjacent right-hand curb or within the
area between the zone and the curb as may be indicated by a sign or red
paint on the curb, which sign or paint was erected or placed by local
authorities pursuant to ordinance.
(d) Within 15 feet of the driveway entrance to any fire station. This
paragraph does not apply to any vehicle owned or operated by a fire
department and clearly marked as a fire department vehicle.
(e) In front of a public or private driveway, except that a bus engaged ,is
a common carrier, schoolbus, or a taxicab may stop to load or unload
passengers when authorized by local authorities pursuant to ordinance.
In unincorporated territory, where the entrance of a private road or
driveway is not delineated by an opening in a curb or by other curl)
construction, so much of the surface of the ground as is paved, surfaced, or
otherwise plainly marked by vehicle use as a private road or drivessay
entrance, shall constitute a driveway.
(f) Onasidewalk except electric carts when authorized by localordinance, as sppecifiedin Section 21114.5.
-�g�Alongsidc or opposite aiiy street & higliway excavation or obstruction
when such stopping, standing, or parking would obstruct traffic.
(h) On the roadway side of any vehicle stopped, parked, or standing at
the curb or edge of a highway.
(i) Except as provided under Section 22500.5, alongside curb spice
authorized for the loading and unloading of passengers of a bus engaged a
a common carrier in local transportation when indicated by a sign or red
paint on the curb erected or painted by local authorities pursuant to
ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in charge, being
used in the repair, maintenance, or inspection of the facility.
(k) Upon a bridge, except vehicles of the authorities in charge, being used
in the repair, maintenance, or inspection of the facility, and except that buses
engaged as a common carrier in local transportation may stop to load or
unload passengers upon a bridge where sidewalks are provided, when
authorized by local authorities pursuant to ordinance, and except that local
authorities pursuant to ordinance or the Department of Transportation
pursuant to order, within their respective jurisdictions, may permit parking
on bridges having sidewalks and shoulders of sufficient width to permit
parking without interfering with the normal movement of traffic on the
roadway. Local authorities may, by ordinance or resolution, permit parking»
on such bridges on state highways in their respective jurisdictions if the
ordinance or resolution is first approved in writing by the Department of
Transportation. Parking shall not be permitted unless there are signs in
place, as may be necessary, to indicate the provisions of local ordinances or
the order of the Department of Transportation.
(1) In front of that portion of 'a curb which has been cut down, lowered,
or constructed to provide wheelchair accessibility to the sidewalk and which
is designated for wheelchair access by either a sign or red paint on the curb
pursuant to an ordinance of the local authority.
Amended Ch. 1661, Stats. 1963. Effective September 20, 1963.
Amended Ch. 1092, Stats. 1965. Effective September 17, 1965. Supersedes Ch. 85 and 295.
Amended Ch. 490, Stats. 1972. Effective March 7, 1973.
Amended Ch. 545, Stilts. 1974. EffectiveJanuary 1, 1975.
Amended Ch. 822, Stats. 1982. Effective anuary 1, 1983.
Amended Ch. 852, Stats. 1984. Effective January 1, 1985.
•
Additional Prohibited Stopping, Standing, or Parking: Fire Lane
22500.1. In addition to Section 22500, no person shall stop, park, or leave
standing any vehicle, whether attended or unattended, except when
necessary to avoid conflict with other traffic or in compliance with the
directions of a peace officer or official traffic control device along the edge
of any highway, at any curb, or in any location in a publicly or privately
owned or operated off-street parking facility, designated as a fire lane by the
fire department or fire district with jurisdiction over the area in which the
place is located.
The designation shall be indicated (1) by a sign posted immediately
adjacent to, and visible from, the designated place clearly stating in letters
not less than one inch in height that the place is a fire lane, (2) by outlining
or painting the place in red and, in contrasting color, marking the place with
the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by
a red curb or red paint on the edge of the roadway upon which is clearly
marked the words "FIRE LANE".
Added ('h. 328, Slats. 1983. Effective January 1, 1984.
Amended Ch. 129, Slats. 1984. Effective May 21, 1984, by terms of an urgency clause.
Schoolbuses: Loading and Unloading of Passengers
22500.5. Upon agreement between a transit system operating buses
engaged as common carriers in local transportation and a public school
district, local authorities may, by ordinance, permit schoolbuses owned by,
or operated under contract for, that public school district to stop for the
loading or unloading of passengers alongside any or all curb spaces
designated for the loading or unloading of passengers of the transit system
buses.
Added Ch. 822, Stats. 1982. Effective January 1, 1983.
local Regulation of State Highways
22501. No ordinance enacted by local authorities pursuant to subdivisions
(e) and (k) of Section 22500 or Section 22507.2 shall become effective as to
any state highway without prior submission to and approval by the
Department of Transportation in the same manner as required by Section
21104. Nothing contained in this section and Section 22500 shall be construed
as authorizing local authorities to enact legislation which is contrary to the
provisions of Sections 22512 and 25301.
Amended Ch. 1500, Stats. 1965. Effective September 17, 1965.
Amended Ch. 545, Stats. 1974. Effectiveanuary 1, 1975.
Amended Ch. 158, Stats. 1980. Effective June 11, 1980 by terms of an urgency clause.
Curb Parking
22502. (a) Except as otherwise provided in this chapter every vehicle
stopped or parked upon a roadway where there are adjacent curbs shall be
stopped or parked with the right-hand wheels of such vehicle parallel with
and within 18 inches of the right-hand curb, except that motorcycles shall
be parked with at least one wheel or fender touching the right-hand curb.
Where no curbs or barriers bound any roadway, right-hand parallel parking
is required unless otherwise indicated.
(b) The provisions of subdivision (a) or (e) do not apply to a commercial
vehicle if a variation from the requirements of subdivision (a) or (e) is
reasonably necessary to accomplish the loading or unloading of merchandise
March 7, 1988
City Council Meeting
March 8, 1988
Mayor and Members
of the City Council
REAPPOINTMENT OF INGLEWOOD FIRE TRAINING AUTHORITY
DELEGATE & ALTERNATE
Rgcpmm_nded Action
1. Declare by a 2/3 vote that the need to take action on this
item arose after the posting of the agenda. The issue arose on
Monday, March 7, 1988.
2. Appoint a or $ m s as delegate and MaYor,pro.�em
Rosenberger as alternate to the glewood,Fire�.train ng Authprity
Comms ion. This will enable Mayor Simpson to attend the
ng ewood Fire Training Authority Meeting on Wednesday, March 16,
1988, immediately following the South Bay Sanitation District
Meeting.
Baokgr9und
On December 15, 1987, the City Council reorganized and committee
appointments were made. Mayor Simpson and Mayor Pro Tem
Rosenberger were appointed the delegate and alternate to the
South Bay Cities Sanitation District. Councilmembers Williams
and Sheldon were appointed the delegate and alternate to the
Inglewood Fire Training Authority.
On Monday, March 7, 1988, the City received notice that there
will be a meeting of the Fire Training Authority on Wednesday,
March 16, immediatgly fofl outing the Sanitation District Meeting.
It is apparent that the delegates should be the same due to the
scheduling of succeeding meetings. I will try to make a notation
that these appointments should be the same in the future.
Noted:
Kev Northera
ty Manager
a hleen Midstokke, City Clerk
MINUTES OF THE REGULAR MEETING OF THE HERMOSA BEACH VEHICLE PARK-
ING DISTRICT #1 held on Tuesday, October 27, 1987 at the hour of
11:00 p.m.
ROLL CALL
Chairman John Cioffi - Present
Commissioner Etta'Simpson - Present
Commissioner Tony De Bellis - Present
"Commissioner Jim Rosenberger - Present
Commissioner June Williams - Present
A. Consent Calendar
1) Approval of minutes of August 25, 1987 meeting
Action: To approve minutes of August 25, 1987
Motion Commissioner Cioffi, second De Bellis, so
ordered.
B. Discussion regarding validation program
Proposal from the Business Relations Sub -Committee that
the VPD provide free validations to the merchants for
the month of January. Said validations to be unique,
to be distinguished from the normal validation stamps and
and used for the month of January only. VPD to distri-
bute the stamps, and to credit Allright Parking for the
stamps used during that month.
Action: To accept the recommendation of the Business
Relations Sub -Committee.
Motion Commissioner Rosenberger, second DiBellis, so
ordered.
C. Recommendation to direct staff to negotiate amendments to
contract with Allright Parking.
Action: To direct the Business Relations Sub -Committee to
meet with representatives of Allright Parking to 1) review
their performance under the present contract, and 2) req-
uest a report from Allright, recommending what rates should
be applicable for the next operating year, in order to
review and adjust those rates and fees.
ADJOURNMENT: 11:05 P.M.
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February 16, 1988
Honorable Chairman and Members Vehicle Parking District
of the Vehicle Parking District Meeting of March 8, 1988
RECOMMENDATION TO ESTABLISH A POLICY REGARDING THE CITY
CONTINUING TO SHARE THE COST OF MERCHANT VALIDATIONS
Recommendation:
It is recommended, by the Business Relations Subcommittee of the
City Council, that the Vehicle Parking District Commission
establish an on-going policy pertaining to sharing the cost of
merchant validations.
Background:
In March of 1987, the cost of validations increased to 20 cents
per stamp or $8.00 per book. This increase was automatic as
provided by contract. As a result of several meetings between
the Business Relations Subcommittee and the Downtown Merchant's
Association, at which the merchants expressed their displeasure
with the rate increase, the VPD Commission took the following
actions;
1) At your regularly scheduled meeting of March 10, 1987
the Commission voted to give two for one validations
for the months of April, May and June. The merchant
paid $6.00 for one book, the City absorbed the addit-
ional $2.00 per book and Allright Parking contributed
the second book.
2
3
)
At your regularly scheduled meeting of August 25, 1987
the Commission voted to reinstate the $2.00 subsidy,
per book, commencing September 1, 1987 though November
30, 1987. This action was taken as a result, again,
of the merchants dissatisfaction with the rate increase.
DECEMBER FREE PARKING
At your regularly scheduled meeting of October 27, 1987
the Commission voted to provide free validations for the
month of January, 1988.
For your review, we have attached documentation, see background
material.
It was brought to the attention of the subcommittee that at the
beginning of February, when the merchants were responsible for
purchasing their validations at full price, Allright was still
under the impression that the City was continuing to pay the
additional $2.00 per book. The minutes reflect that there was no
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authorization for this assistance to continue therefore, the
subcommittee advised Allright to charge full price (20 cents) for
the merchant validations until the matter could be resolved.
The validation stamps are due to be increased again on March 1,
1988 to 25 cents per stamp or $10.00 per book. There are two
additional increases scheduled in the contract, over the next
two years, to a total of 35 cents per stamp or $14.00 per book.
However, per the Commissioners direction, the subcommittee has
met with Allright Parking to discuss several issues pertaining to
the contract. The contractor has recommended a freeze on the
price of validations at $8.00 per book/20 cents a stamp (see
attached letter from Roger Schneider).
Analysis:
The only analysis that staff can offer is the effect that
previous action taken has had on revenue.
The average revenue, from the sale of validation stamps, over the
past few years has been approximately $12,000 per year. For this
fiscal year, July 1, 1987 through February 11, 1988, the
revenue from the sale of validations is $ 37
During the month of January 1988, th7ew a 681.225 books of
validations used at a cost of $5,449.80. The City absorbed this
cost in conjunction with the action taken to provide free
validations to the merchants for the month of January.
It is the opinion of staff that twenty cents per each half hour
of parking, to provide a customer with free parking, is not
unreasonable. The Vehicle Parking District Commission has made
many changes, over the past two or three years, to accomodate the
merchants and encourage shoppers to come to Hermosa Beach. These
changes have not seemed to make any impact on the business
climate or resulting sales tax revenue. Staff would recommend
that the Commission take no further action in this matter.
Jo a 'Noon
General Services Director
Concur:
even B. ort• raft
City Manager
.=1 LLJ7.1& 3
PALIEJT
ALLRIGHT CAL., INC. / 610 SOUTH MAIN, SUITE 217 / LOS ANGELES, CALIFORNIA 90014
213/627-5481
February 18, 1988
Ms. Joan Noon
General Services Director
City Hermosa Beach
Civic Center
1315 Valley Drive
Hermosa Beach, California 90254-3885
Dear Joan,
In response to your letter dated January 25, 1988 I have pre-
pared a proposal regarding parking rates and validations for
the fiscal year 1988-89 year:
I. PARKING RATES - After extensive analysis of cash
tickets for the prior year, Allright Parking recommends the
following rate structures according to the following time
periods:
a. April 1 - Sept. 30
b. October 1 - March 31
$1.00 each half hour
12.00 maximum
$.50 each half hour
5.00 maximum
II. VALIDATIONS - After careful review of the past year.
Allright Parking recommends a continuation of the current
rate of $8.00 per book. This "freeze" allows the City of
Hermosa Beach the option to continue its $2.00 per book
rebate or allow this cost to pass to each merchant.
III. HOURS OF OPERATION
A. Summer schedule (April 1 - September 30)
1. Sunday -Thursday 8:00 A.M. - 12:00 Midnight
2. Friday and Saturday 8:00 A.M. - 3:00 A.M.
Ms. Joan Noon February 18, 1988
B. Winter Schedule (October 1 - March 31
1. Sunday
2. Monday - Tuesday
3. Wednesday - Thursday
4, Friday and Saturday
10:00 A.M.
10:00 A.M.
10:00 A.M.
10:00 A.M.
Page 2
- Midnight
- 6:00 P.M.
- 12:00 A.M.
- 3:00 A.M.
Allright Parking recommends a flexibility in closing hours to
permit collection of monies due from late departing
customers. Allright Parking agrees to maintain set opening
hours to the best of our ability. We further recommend the
use of our own standardized signs detailing hours of
operation as stated above.
In summary, I wish to emphasize that our recommended rate
changes were the direct result of careful analysis of CASH
TICKETS ONLY. A separate analysis of validated tickets
showed an average charge of 10 cents per ticket above the
validated time, indicating that the time limits for regular
and extended validations are properly set.
I hope this brief letter satisfies your needs. If you should
need additional information or have any further questions,
please do not hesitate to call me.
Sincerely yours,
ALLRIGHT CAL INC.
oger A. Schneider
Vice President
RAS:js
BAcgcRavmn 41arFRiAc
October 7, 1987
Honorable Mayor and Members Vehicle Parking District
of the Vehicle Parking District Meeting of October 27, 1987
RECOMMENDATION REGARDING REVIEW OF AGREEMENT
BETWEEN ALLRIGHT PARKING AND CITY
Recommendation:
It is recommended that the Vehicle Parking District Commission,
direct the Business Relations Sub -Committee of the City Council,
to meet with representatives of Allright Parking to (1) review
their performance under the present contract and (2) request a
report from Allright, recommending what rates should be
applicable for the next operating year, in order to review and
adjust those rates and fees.
Background:
At your regularly scheduled meeting of August 25, 1987, the
Commission directed the Business Relations Sub -Committee to meet
with staff re. developing a strategy for negotiating contract
amendments. This meeting was held on September 10th.
At this time, staff was directed to poll the rest of the
commissioners to try to determine what contract concerns they
might have and what direction future negotiations should take.
Analysis:
The input received from individual commissioners prompts staff to
make the above recommendation. The current amended contract has
been in effect for approximately eighteen (18) months and to
date, we have not conducted a formal performance evaluation. The
contract provides for the requested review and adjustment
annually, upon receipt of a report from the contractor. This
provision of the contract has not been exercised. It would then
seem prudent, at this time, to meet with the contractor, to
review his performance under the contract. If the Commission
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approves the recommendation, staff will request Allright Parking
to submit a report.
Joa Noon
General Services Director
artin
im City Manager
2
October 8, 1987
Honorable Chairman and Members Vehicle Parking District
of the Vehicle Parking District Meeting of October 27, 1987
PROPOSAL FROM THE BUSINESS RELATIONS SUB -COMMITTEE, TO GIVE FREE
MERCHANT VALIDATION FOR THE MONTH OF JANUARY
Recommendation:
The Business Relations Sub -Committee of the City Council has
recommended that the VPD purchase and provide free validation
stamps to the merchants, for the month of January. Said
validations to be unique, to be distinguished from the normal
validation stamps and used for the month of January only. VPD to
distribute the stamps, and to credit Allright Parking for the
stamps used during that month.
Background:
On September 10, 1987, a meeting was held between the members of
the Business Relations Sub -Committee and staff for the purpose of
reviewing the parking lot contract. During that meeting there
was discussion in general, regarding validation.
In reviewing the validation program, over the past year and the
conciliations made for the merchants, with respect to validation,
the issue of free parking for the month of January arose. The
merchants requested two hours of free parking in the lots for the
month of January, 1987. The Vehicle Parking District
Commissioners, at their regularly scheduled meeting of December
16, 1986, voted to grant the request of the merchants. Allright
Parking agreed to accomodate this request, on a one time basis
only.
Analysis:
It is my understanding that the committee's recommendation is
based on the following;
a. A desire to encourage customer shopping in the downtown
area, for the after Christmas sales, in the month of
January.
b. A desire to assist and cooperate with the merchants by
offering free customer parking at no cost to the
merchant.
c.
A desire to promote validated parking.
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The contractor has advised the committee that they would not be
willing to close the lots during the month of January 1988, due
to the lost income and personnel problems caused by the January
1987 closing. The present contract provides for the lots to be
closed during the month of December only.
Based on an average number of books (821), issued to the
merchants over a 12 month period begininng in May 1986, it will
cost the City approximately $6,500.00 to subsidize this proposal.
Assuming that the majority of the Vehicle Parking District
Commissioners are in agreement with the, goals of the Businiess
Relations Sub -Committee, the recommendation appears to be viable.
Jo Noon
General Services Director
Concur.;
GaylgJT. Martin
Interim City Manager
Noted for Fiscal Impact:
£&c a f -x cx.,c�
Viki Copeland,
Finance Administrator
MINUTES OF THE REGULAR MEETING OF THE HERMOSA BEACH VEHICLE PARK-
ING DISTRICT #1 held on Tuesday, August 25, 1987 at the hour of
10:35 p.m.,
ROLL CALL
Chairman John Cioffi - Absent
Commissioner Etta Simpson - Present
Commissioner Tony De Bellis - Present
Commissioner Jim Rosenberger - Present
Commissioner June Williams - Present
A. Consent Calendar
1) Approval of minutes of August 11, 1987 meeting
Action: To approve minutes.
Motion Commissioner Rosenberger, second De Bellis, so
ordered.
B. Discussion re. validation program
Commissioner Rosenber and Commissioner De Bellis gave a
recap of the last meeting between the Business Relations
Sub -Committee and the Downtown Merchants Association.
They indicated that the current problem was the cost of
validations. The vals have been increased, according to
contract, from 15 cents to 20 cents each, with subsequent
increases due each March, at 5 cents per year, to a max-
imum of 35 cents. Commissioner Rosenberger_ stated that
he felt that this charge is unreasonable and needed to be
dealt with in terms of the contract.
Action: To reinstate the 5 cent subsidy commencing Sept-
ember 1, 1987 thru November 30, 1987, Business Relations
Sub -Committee to meet with staff re. developing a strategy
for negotiating contract amendments with Allright Parking
and return to the VPD Commission to seek direction to
to negotiate with the contractor.
Motion Commissioner De Bellis, second Rosenberger, so
ordered.
ADJOURNMENT: 11.10 p.m.
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•
Honorable Chairman and Members
of the Vehicle Parking District
February 27, 1987
Vehicle Parking District
Meeting of March 10, 1987
RECOMMENDATION TO CONSIDER THE PROPOSAL OF THE CITY
COUNCIL BUSINESS RELATIONS SUB -COMMITTEE AND THE
DOWNTOWN MERCHANT'S ASSOCIATION
Recommendation:
It is recommended that the Vehicle Parking District Commissioners
consider the following proposal as agreed upon by the City
Council Business Relations Sub -Committee and the Downtown
Merchant's Association, re. Parking Validations ( the rate having
been increased from 15 cents to 20 cents per stamp, effective
3/1/87):
1. For a three month period, commencing April 1 and
ending June 30, for each purchase of a 40 ticket
book of parking validations, merchants will receive
one free 40 -ticket book, to be provided by Allright
Parking Company.
2. Commencing March 11 and continuing through June 30,
the merchant will be charged $6 for the $8 validation
book and Allright Parking will be entitled to a credit
of $2.26, from the City, for each $6 received from the
merchant.
3. Permit all merchants, on the periphery of the District,
from 10th Street on the south to 16th Street on the
north and east to Manhattan Avenue, to participate in
the validation program, for the period of this experi-
ment.
Background:
As you are aware, the Business Relations Sub -Committee and the
Downtown Merchant's Association have been meeting over the past
year in an effort to solve some of the problems perceived by the
merchants.
The last meeting was held on Thursday, February 26, 1987 at 7:30
p.m. While there was an extensive agenda (see attached)
presented by the merchants, the only issue that was discussed was
the validation program, item 7. The VPD Commissioners, at their
regularly scheduled meeting of February 25, 1986, approved a
validation stamp rate increase of 5 cents per year, for the next
five years, commencing March 1, 1986. As of March 1, 1987, the
validation stamps will cost 20 cents a piece.
- 1 -
Analysis:
The current request from the Downtown Merchant's Association was
to A. Reduce winter validations to 5 cents/half hour and summer
validations to 15 cents/half hour and B. Summer rates to begin
Memorial Day weekend and end Labor Day weekend.
After much discussion, an agreement was made which resulted in
the above recommendation. In consideration of the above
agreement, the Downtown Merchants Association agrees to (1)
distribute to its merchants a minimum of 50 store -window signs
indicating that the merchants validate, and (2) agree to increase
the number of merchants participating in the validation program
by 25%.
The goal, of the meeting participants, is to increase utilization
of downtown parking lots by shoppers. The results of the
proposed program is scheduled to be reviewed, upon it completion,
by the Downtown Parking Committee and the Business Relations
Sub -Committee.
As previously stated, per contract as of March 1, 1987, the
validations stamps increased to 20 cents a piece or $8.00 per
book of 40 stamps. What is proposed here, is that the merchant
will continue to pay 15 cents per stamp or $6.00 per book of 40
stamps, from March 11 through June 30, 1987. The difference of
$2.00 plus the cost of printing the book, 26 cents, will be
credited by the City toward Allright's next month rent.
oon, Parking Administrator
Concur:
vv
Gr ory'T. Meyer
Ci y Manager
Noted for fiscal impact:
Viki Copeland
Finance Administrator
MINUTES OF THE REGULAR MEETING OF THE HERMOSA BEACH VEHICLE PARK-
ING DISTRICT #1 held on Tuesday, March 10, 1987 at the hour of
9:58 p.m.
ROLL CALL
Chairman John Cioffi - Absent
Acting Chairman Etta Simpson - Present
Commissioner Tony De Bellis - Present
Commissioner Jim Rosenberger - Present
Commissioner June Williams - Present
A. Consent Calendar
1) Approval of minutes of February 24, 1987 meeting.
Action: To approve minutes.
Motion Commissioner De Bellis, second Williams, so
ordered.
2) Recommendation re. two for one validations for the months
of April, May and June.
Action: To approve staff recommendation.
Motion Commissioner De Bellis, second Rosenberger, so
ordered.
ADJOURNMENT: 10:18 p.m.
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