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HomeMy WebLinkAbout07/25/91PARKER R. HERRIOTT 224 - 24th Street Hermosa Beach, CA 90254 (213) 379-7196 July 25, 1991 Honorable Mayor Middstoke and Members of the City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Re: MISLEADING BALLOT TITLE AND BALLOT QUESTION FOR THE BILTMORE SITE AND PUBLIC PARKING LOT "C" Dear Mayor and Council Members: With your City Council measure on the ballot at this time, it is outrageous. The City Council, with the exception of Councilmember Albert Weimans, is attempting to pull off the hoax of hoaxes on the voters of Hermosa Beach. Your four members-- Middstoke, Creighton, Essertier and Sheldon --voted July 23, 1991, to send the resolution approving the Land Use Plan Amendment regarding the Biltmore Site and Public Parking Lot "C" to the Coastal Commission. This Resolution will amend the General Plan of the Land Use Plan, which will allow for the development of the Biltmore Site prior to the vote of the people. By taking this action, you really don't care whether your measure passes or not- -for it won't make any difference since if your measure fails and the People's Initiative for the Park fails, then you will have won, unless certain court actions take your measure off the ballot or a referendum petition is pursued by the voters of Hermosa Beach against your Resolution to amend the General Plan for Medium Density Residential and Commercial for the Biltmore Site, and Commercial for Public Parking Lot "C". Will you four City Council Members repeal the Land Use Plan Amendment regarding changing the General Plan for the Biltmore Site and Public Parking Lot "C" to correct what I see as a blatant attempt to thwart the will of the voters? Will you repeal the Land Use Plan Amendment for the Biltmore Site and Public Parking Lot "C" if your measure is defeated, as I am confident it will be, in the November 5, 1991, election? The ballot title question that City Council members Middstoke, Creighton, Essertier and Sheldon (Councilman Weimans voted "NO" and he stated that the ballot title and question was "misleading") agreed upon at the last city council meeting of July 23, 1991, for the city -sponsored measure is misleading, vague, confusing and should be altered in order for the voters to know just exactly what the city's measure will entail. In 1989, when a Petition Initiative was on the ballot, the City included Public Parking Lot "C" in the ballot title question, which read as follows: Mayor and City Council page 2 July 25, 1991 "REZONING BILTMORE SITE SPECIFIC PLAN AREA(SPA) OPEN SPACE AND COMMERCIAL Shall Petition Initiative Ordinance No. 89-998, be adopted which repeals Specific Plan Area (SPA) 84-754 (H Hotel) rezones the Biltmore Site Open Space, Parking Lot "C" Commercial, and other private property Commercial? YES NO The above People's Initiative Petition ballot title contained three separate pieces of property: 1) the Biltmore Site; 2) the privately -owned property which is now all owned by David Greenwood; and 3) the city -owned Public Parking Lot "C". The City never should have included Public Parking Lot "C" in the proposed Land Use Plan Amendment, nor in the proposed ordinance that the people will apparently vote on at the November 5, 1991, election. The People's Initiative Petition, Prop. C, received 1,589 YES votes and 1,799 NO votes; and the city's measure, Prop. D, received 932 YES votes and 2,385 NO votes. This election is not really necessary; the City Council should adopt the present People's Petition Initiative which qualified for the ballot earlier in 1991, after looking at the results of the 1989 election. The following is the adopted wording for the November 5, 1991, municipal election for the People's Petition Initiative Ordinance: "REZONING THE BILTMORE SITE AS OPEN SPACE/PUBLIC PARK Shall the Petition Initiative Ordinance which designates the Biltmore Site as Open Space O -S-2 for preservation and use as a public park be adopted? YES NO ?" To make the above ballot title question more accurate, I would request that in the ballot title, the word (number) 100% be placed before "OPEN SPACE" and in the ballot question that the "O -S-2" be omitted and the placement of "100%" in front of "Open Space" so the voters will know which measure they are voting on. By the above two additions/changes, the voters will be better able to know what the People's Initiative Measure entails. The City's ballot title and question is misleading, confusing, vague and inadequate and incomplete. The approved ballot title and question read as follows: "REZONING BILTMORE SITE AS RESIDENTIAL/COMMERCIAL Shall the Ordinance rezoning the .82 acre Biltmore Site 70% Residential and 30% Commercial for the purchase and improvement of four to ten acres for park purposes be adopted?" Mayor and City Council page 3 July 25, 1991 The reference to the "purchase and improvement of four to ten acres for park purposes" should be removed, for it is only vague, confusing and misleading to the voters when they read this in the voting booth. This - unfounded and ridiculous claim should not appear even in ballot arguments --let alone be allowed to stand in the ballot title question. We know, at this time, there is not four to ten acres of parkland available for purchase, and the question of improving various properties in Hermosa Beach raises questions about whether the Coastal Commission recommendations or conditions are being followed. This matter regarding the Coastal Commission and what they do or do not require regarding the sale of the Biltmore Site is very complicated and, I believe, it will always remain vague in the minds of the voters. Is it proper to have the question relating to zoning before the voters and the question of the sale of the Biltmore Site property, and the acquisition from the sale of the Biltmore Site, and Public Parking Lot "C" to be rezoned from Specific Plan Area (SPA Hotel) to Commercial all in one measure? This seems to be definitely confusing and too complicated for the average voter to be able to understand and you're just asking too much of the voters with combining all of these various issues into one measure. I allege that the combining of the Biltmore Site along with Public Parking Lot "C" and the sale and/or the lease of 30% of the site for commercial purposes is violating election laws relating to more than one subject matter being contained in a measure for the ballot. Public Parking Lot "C" has been completely omitted from the ballot question. The city's measure contains two subjects. 1) The Biltmore Site and 2) Public Parking Lot "C". both of these properties are separate from each other and if one votes for the city's measure he/she will not know that Public Parking Lot "C" is also going to be rezoned commercial, which will allow for public parking purposes'. Respectfully, 9C" -Z\ ‘St•I'L Parker R. Herriotit July 24, 1991 City Council Meeting July 25, 1991 Mayor and Members of the City Council CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 5, 1991 BACKGROUND: At its regular meeting of July 23, 1991, the City Council approved the final wording of the ballot measures proposed for the November 5, 1991 election, with the following changes: The ballot wording for the Council proposed measure relating to the Biltmore Site was amended to read as follows: "REZONING BILTMORE SITE AS RESIDENTIAL/COMMERCIAL Shall the Ordinance rezoning the .82 acre Biltmore Site 70% Residential and 30% Commercial for the purchase and improvement of four to ten acres for park purposes be adopted?" The ballot wording for the Council proposed measure relating to commercial height was amended to read as follows: "AMENDMENT OF ZONING ORDINANCE LOWERING COMMERCIAL HEIGHT Shall the Ordinance limiting maximum height to 30 feet in C-2 zone, and 35 feet in C-3 zone be adopted?" The ballot wording for the advisory measure relating to housing development standards was amended to read as follows: "ADVISORY VOTE ONLY: RESTRICTING HOUSING DEVELOPMENT STANDARDS Should the City of Hermosa Beach consider more restrictive housing development standards affecting bulk, such as height, setbacks, open space, and parking requirements?" The ballot wording for the petition initiative measure was approved as presented. The advisory measure relating to residential height limits was eliminated from the ballot. Council approved the placement of the measures on the ballot as presented, and authorized written arguments for the measures as follows: Council proposed measure regarding Biltmore Site -- Councilmember Essertier in favor. 1 i r SEC/19L, /WEE -7-7&) 6- I EEi7tiGI - I j�-L y a5) /99/ •. Council proposed measure regarding commercial height limits -- Councilmember Creighton in favor, and Councilmember Sheldon against. Advisory measure regarding more restrictive housing standards -- Councilmember Essertier in favor, and Councilmember Wiemans against. The matter was then continued to July 25, 1991 at 7 p.m. for purposes of adopting the appropriate resolutions within the time frame specified in the State Elections Code. RECOMMENDATION It is recommended that the City Council approve the final wording of the ballot measures and adopt the following resolutions, which have been amended where necessary to reflect the changes noted above, and are presented in final form: 1. RESOLUTION NO. 91-.5i/7 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 5, 1991, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS OF A PETITION INITIATIVE MEASURE RELATING TO OPEN SPACE ON THE BILTMORE SITE; COUNCIL PROPOSED MEASURES RELATING TO RESIDENTIAL AND COMMERCIAL RECREATION ON THE BILTMORE SITE AND OPEN SPACE ACQUISITION, AND RELATING TO HEIGHT LIMITS IN THE C-2 AND C3 ZONES AND SPECIFIC PLAN AREAS NO. 7 AND NO. 8; AND AN ADVISORY MEASURE REGARDING HOUSING DEVELOPMENT STANDARDS. (Changes include deletion of reference to advisory measure relating to residential height limits from title, from the second paragraph on p.1, from Section 1 on p.2, and deletion of measure from list of ballot measures on p.3. Also, changes to ballot wording [as noted above] on pp. 2 and 3.) 2. RESOLUTION NO. 91-5y77 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 GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON TUESDAY, NOVEMBER 5, 1991, WITH THE SCHOOL DISTRICT AND GENERAL DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE, FOR THE ELECTION OF CERTAIN OFFICERS AND THE SUBMITTAL OF CERTAIN MEASURES TO THE ELECTORATE. (Changes include deletion of reference to advisory measure relating to residential height limits from the first paragraph on p.1 and deletion of measure from list of ballot measures on p.2. Also changes to ballot wording [as noted above] on p.2.) 3. RESOLUTION NO. 91-5V78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES. (Changes include deletion of advisory measure relating to residential height limits from list of ballot measures on p.1 and from list authorizing written arguments on p.2. Also changes to ballot wording (as noted above] on p.1.) 4. RESOLUTION NO. 91-5V-79 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 GENERAL MUNICIPAL ELECTION TO HELD ON NVEMBER 5, 1991. (This resolution is optional, but if adopted, must be adopted at the same meeting as the resolution calling the election. Providing for the filing of rebuttal arguments is consistent with previous elections. No changes were required for this resolution.) 5. RESOLUTION NO. 91-5Y80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 1991. (This resolution is optional, but if adopted, must be adopted before Election Day. If not adopted, any tie votes for elective offices shall be resolved by lot. No changes were required for this resolution.) 41. Elaine Doerfliny Clerk Noted: Kevin -B. ort raft, City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 5, 1991, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS OF A PETITION INITIATIVE MEASURE RELATING TO OPEN SPACE ON THE BILTMORE SITE; COUNCIL PROPOSED MEASURES RELATING TO RESIDENTIAL AND COMMERCIAL RECREATION ON THE BILTMORE SITE AND OPEN SPACE ACQUISITION, AND RELATING TO HEIGHT LIMITS IN THE C-2 AND C-3 ZONES AND SPECIFIC PLAN AREAS NO. 7 AND NO. 8; AND AN ADVISORY MEASURE REGARDING HOUSING DEVELOPMENT STANDARDS. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 1991 for the election of Municipal Officers; and WHEREAS, the City Council of the City of Hermosa Beach also desires to submit to the voters at the General Municipal Election a Petition Initiative Measure relating to Open Space on the Biltmore Site; Council proposed measures relating to Residential and Commercial Recreation on the Biltmore Site and open space acquisition, and relating to height limits in the C-2 and C-3 zones and Specific Plan Areas. No. 7 and No. 8; and an advisory measure regarding housing development standards. WHEREAS, the City Council of said City is thereupon authorized and directed by statute to submit the proposed measures to the qualified voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered to be held, in the City of Hermosa Beach, California, on Tuesday, November 5, 1991, a General Municipal Election for the purpose of electing two members of the City Council for the full term of four years; a City Clerk for the full term of four years; and a City Treasurer for the full term of four years; and submitting the following Petition initiative measure regarding Open Space on the Biltmore Site; Council proposed measures regarding Residential and Commercial Recreation on the Biltmore Site and open space acquisition, and regarding height limits in the C-2 and C-3 zones and Specific Plan Areas No. 7 and No. 8; and an advisory measure regarding housing development standards. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: REZONING THE BILTMORE SITE AS OPEN SPACE/PUBLIC PARK Shall the Petition Initiative Ordinance which designates the Biltmore Site as Open Space O -S-2 for preservation and use as a public park be adopted? YES NO REZONING BILTMORE SITE AS RESIDENTIAL/COMMERCIAL Shall the Ordinance rezoning the .82 acre Biltmore Site 70% Residential and 30% Commercial for the purchase and improvement of four to ten acres for park purposes be adopted? YES // // NO 1 2 3 4 AMENDMENT OF ZONING ORDINANCE LOWERING COMMERCIAL HEIGHT Shall the Ordinance limiting maximum height to 30 feet in C-2 zone, and 35 feet in C-3 zone be adopted? YES NO ADVISORY VOTE ONLY: RESTRICTING HOUSING DEVELOPMENT STANDARDS 5 Should the City of Hermosa Beach consider more restrictive housing development standards affecting bulk, such as height, 6 setbacks, open space, and parking requirements? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 YES NO SECTION 3. That the proposed ordinances submitted to the voters shall be as follows: /1 7/ 7/ 1/ 1/ 7/ /7 7/ /1 1/ 1/ 7/ 7/ 1/ /1 /1 /1 /7 3 1 ORDINANCE NO. 91- 2 A PETITION INITIATIVE ORDINANCE OF THE CITY OF HERMOSA BEACH, 3 CALIFORNIA, CREATING AND DESIGNATING THE "BILTMORE SITE" AS OPEN SPACE O -S-2, TO ENSURE ITS PRESERVATION AND USE AS A PUBLIC PARR. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the citizens of Hermosa Beach find and declare that the City -owned Biltmore Site property shall be saved from commercial and/or residential development, because of existing problems of parking, density, congestion, traffic, and air and noise pollution from traffic in the immediate area, and elsewhere in Southern California. Steps have to be taken to improve our quality of life, our environment, and to help save our earth. Therefore, the Biltmore Site shall be landscaped, preserved, and maintained in perpetuity as a 100% Open Space Oceanfront Strand Public Park with grass, trees, and flowers for present and future generations to enjoy. THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. That the City -owned property commonly known as the Biltmore Site (hereinafter referred to as "Biltmore Site") shall be landscaped, preserved, and maintained in perpetuity as a 100% Open Space O -S-2, Oceanfront Strand Public Park, with grass, trees, and flowers for present and future generations to enjoy. SECTION 2. That the Municipal Zoning Code of the City of Hermosa Beach (the "Code") is hereby amended to add a new zone designated as O -S-2, Restricted Open Space, as follows: "Intent and Purpose. The 0-S-2 Zone is intended to restrict further the use of 27 certain designated open space to assure permanent open space for 28 4 1 public park purposes. 2 Permitted Uses. 3 A Public Park --with landscaping, beautification, grass, 4 trees, flowers, plants and other uses if specifically 5 authorized as a permitted improvement herein. 6 Permitted Improvements. 7 Improvements in the 0-S-2 Zone shall be as follows: 8 (a) Only non -building public improvements relating to 9 landscaping, beautification -- grass, trees, flowers, 10 plants, soil, unobtrusive park lighting, some benches to 11 view the ocean, existing public utilities, one flag pole 12 for our American Flag, and erosion and irrigation 13 improvements to assure permanent open space for park 14 purposes shall be permitted. 15 (b) No buildings, malls, plazas or structures -- temporary 16 or permanent in nature -- shall be built, developed, 17 constructed or erected on the Biltmore Site. 18 (c) Softscape shall include grass, trees, plants, soil, 19 flowers, and shall be artistically designed to cover all 20 of the Biltmore Site. 21 (d) The use and improvements to the park are to ensure a 22 natural, peaceful, serene, passive and safe environment 23 to improve and enhance the quality of life in Hermosa 24 Beach." 25 SECTION 3. Ordinance No. 84-751, as amended, or any other 26 zoning or land use designation which may have been adopted by the 27 City Council after this initiative has been submitted to the City 28 Clerk's Office, is hereby repealed and the Land Use Element of 5 1 2 3 4 5 the Hermosa Beach General Plan and the official zoning map are modified by reclassifying and rezoning certain property commonly known as the Biltmore Site. SECTION 4. The Biltmore Site is hereby reclassified as O -S-2 Open Space Two under the Land Use Element of the General Plan 6 (hereinafter the "General Plan") and rezoned as O -S-2 Open Space Two. 8 SECTION 5. For the purposes of this ordinance and the 9 rezoning reclassification of the subject property, the Biltmore 10 Site is defined as follows: 11 (a) The Biltmore Site consists of that certain property 12 identified as Lots #1 through 9, inclusive, Lots 19, 20, 13 and 32 all in Block 15 of the Hermosa Beach Tract in the 14 City of Hermosa Beach, County of Los Angeles, State of 15 California, as per map recorded in Book 1, pages 25, 26 16 of Maps in the Office of the County Recorder of said 17 county, together with all of the vacated portion of 18 Beach Drive and 15th Court adjacent to the above noted 19 lots. 20 SECTION 6. The City shall seek necessary approvals from the 21 California Coastal Commission for the amendments made by this 22 ordinance and take all further actions necessary to implement and 23 enforce the terms and intent of this ordinance. 24 SECTION 7. If any section or sub -section of this ordinance 25 is for any reason held invalid or unenforceable, such holding 26 shall not affect in any respect the validity of the remaining 27 portions of this ordinance or any such part thereof. 28 SECTION 8. There shall be no modification, amendment, or 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 repeal of any provision of this ordinance without a vote of the people. SECTION 9. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provisions herein shall be repealed in its entirety and be of no force and effect. SECTION 10. This ordinance shall take effect in the manner prescribed by law. SECTION 11. This ordinance shall only take effect if it receives a majority vote of the people. SECTION 12. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law. SECTION 13. Funding for the improvements, landscaping and maintenance of the Park may come from the following sources: (a) Private donations -- money, trees, flowers, soil, grass, etc. (b) Parks and Recreation monies. (c) Volunteers to help landscape the Biltmore Site by planting grass, flowers and trees, etc. (d) Fundraisers and other sources should they become available. SECTION 14. The Biltmore Site is not to be sold, leased, nor consolidated with other land, or lands, without a vote of the people. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 91 - AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN, CERTIFIED COASTAL LAND USE PLAN, AND ZONING ORDINANCE TEXT TO ALLOW 70% RESIDENTIAL AND 30% COMMERCIAL RECREATION FOR THE BILTMORE SITE, CONSISTENT WITH THE APPROVAL OF THE COASTAL COMMISSION, AND ENSURING THAT FUNDS GENERATED FROM THE SALE OF THE .82 ACRE SITE SHALL BE USED FOR THE ACQUISITION OF A MINIMUM OF FOUR ACRES OF OTHER EXISTING OPEN SPACE, PRINCIPALLY WITHIN THE COASTAL ZONE WHEREAS, the proposed General Plan Land Use amendment is necessary to be consistent with the Coastal Commission decision regarding a proposed Land Use Plan amendment with regard to development of the Biltmore Site; and WHEREAS, the proposed General Plan Land Use amendment and the proposed Zoning Ordinance text amendment will not result in a significant impact on the environment as it involves a change in the allowed mix of uses on the Biltmore Site which will result in a less than significant impact to the environment; and WHEREAS, a combination of commercial and residential uses on the Biltmore Site is consistent with adjacent and surrounding land uses which to the north and east are predominantly multi -family residential uses, while to the south it is predominately commercial uses; WHEREAS, the Zoning Ordinance text amendment will allow a density consistent with the Medium Density General Plan designation for the residential portion and an intensity consistent with the Commercial Recreation designation for the commercial portion; and WHEREAS, the provisions of the Specific Plan Area will 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ensure that the development of the site is consistent with the character of surrounding uses and of an appropriate density given the existing congestion of the area; NOW, THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. Amend the General Plan Land Use Map designation for the property commonly known as the "Biltmore Site" from Medium Density Residential to the following: Commercial Recreation, on the southerly portion of the site legally described as follows: Lots 1, 2, 19, 20 and 32, inclusive, Block 15, Hermosa Beach Tract; and including the vacated portion of Beach Drive extending 60 feet northerly from 14th Street. Medium Density Residential, on the remaining portion of the site legally described as follows: Lots 3 through 9, inclusive, Block 15, Hermosa Beach Tract; and including the vacated portion of Beach Drive extending 150 feet southerly from 15th Street and including the vacated portion of 15th Court extending 60 feet eastward from Beach Drive. SECTION 2. Consistent with the Coastal Commission's approval, the text of Coastal Commission Certified Land Use Plan is amended to read as follows: 1. Amend the designation for the property known as the "Biltmore Site" from Specific Plan Area for a Hotel -to Medium Density Mixed Residential/Commercial Recreation with Public Open Space Acquisition overlay, legally described as follows: Lots 1 through 9, inclusive, and lots 19, 20 and 32, Block 15, Hermosa Beach Tract; and including the vacated portion of Beach Drive between 14th and 15th Streets and including the vacated portion of 15th Court extending 60 feet eastward from Beach Drive. 2. Amend the designation for the property commonly known as "Parking Lot C" from Specific Plan Area to General Commercial/Public Beach Parking. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Amend page 11, the second paragraph, by eliminating the exception to the height limits of the Zoning Ordinance for the hotel site between Thirteenth and Fifteenth Streets. 4. Insert the following definitions: a. Mixed Residential/Commercial shall provide low rise development with no less than 30% leasable floor area, not including parking, devoted to C-1 commercial, restaurant or beach support recreation use. b. Public Open Space Acquisition Overlay shall provide for the acquisition of public open space primarily within the Coastal Zone of the City of Hermosa Beach. The overlay shall provide that no sale of the property shall take place until a trust fund has been established for the sole purpose of acquiring and improving such new public open space. The form and content of the trust fund shall specify the following provisions and shall be submitted to the Executive Director of the California Coastal Commission for his/her review and approval as to inclusion of the following provisions. Zoning adopted to implement the Public Open Space Acquisition Overlay shall provide that the funds received by the City in the sale of the subject property for residential/commercial mixed uses at least 80% of an amount up to the maximum of $8,000,000 received from the sale of the property shall be used for the acquisition and improvement of new open space property of which at least 70% of said new open space property shall be located within the Coastal Zone. The minimum area to be acquired in the Coastal Zone is 4.0 acres. The ordinance shall also provide that no building permits for construction shall be issued until either 1) the new open space property has been dedicated to the purchase of said open space and a binding contract has been signed guaranteeing such a purchase, of no less than 90% of the required new minimum of 4.0 acres of open space property. c. Public Beach Parking shall be parking open to the general public on a first come, first serve basis. 5. Amend the seventh policy under Item 2 on page 12, by adding the underlined text to read as follows: The Policy: The Biltmore Site is a vital asset of the people of Hermosa Beach which will play a substantial role in maintaining the City as a financially feasible entity. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The people concur that the most beneficial public recreational, economic and environmental use for this coastal site is a combination of residential/beach serving low intensity commercial, and beach public parking. SECTION 3. Amend Article 9.6, Chapter 1 of the Zoning Ordinance as follows: Article 9.6, Chapter 1, Specific Plan Area No. 1 Section 9.61-1. Authority. This Specific Plan Area is an instrument for implementing the General plan pursuant to Article 8, Chapter 3, of the State of California Planning and Zoning Law (California Government Code Section 65450 et. Seq.) Section 9.61-2 Location and Description. The subject area is located on the east side of the Strand generally between 14th Street and 15th Street, and extending to approximately 190 feet east of the Strand. Section 9.61-3 Purpose. The purpose of the Specific Plan Area is to set forth the development requirements, standards and permitted uses for development of the subject property consistent with the City of Hermosa Beach General Plan and consistent with the Coastal Commission certified Land Use Plan which requires a minimum of thirty (30) percent of the developed floor area to be utilized for commercial purposes. Furthermore, the Specific Plan Area shall set forth the method to ensure that the funds generated from initial sale of the subject property will provide for the acquisition of open space at other locations within the City of Hermosa Beach, principally within the coastal zone. Section 9.61-4 Permitted Residential Uses and Residential Density. A. Residential uses are only permitted on the portion of the site designated Medium Density Residential on the General Plan Map B. Any use permitted in the R-1 Residential Zone to a maximum of seven (7) dwelling units. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 9.61-5 Residential Development Standards A. A minimum of three (3) off-street parking spaces shall be provided for each dwelling unit. B. Lot coverage shall not exceed 50% of the area designated for Medium Density Residential development on the General Plan map. (entire Specific Plan Area) C. A minimum setback of 10 feet shall be provided from the Strand. D. The maximum floor area for any individual dwelling unit shall not exceed 3,000 square feet. The total floor area of the residential uses as compared to the total floor area developed on the entire site shall not exceed seventy (70) percent. E. Development standards shall be as set forth in ARTICLE 5. R-2 TWO-FAMILY RESIDENTIAL ZONE, except pertaining to lot coverage and setbacks as stated in Section 9.61-5(B) and 5(C). F. All other standards shall be as set forth in the City of Hermosa Beach Zoning Ordinance, except pertaining to required parking spaces as stated in Section 9.61-5A. Section 9.61-6 Permitted Commercial Uses A. Commercial uses are only permitted on the portion of the site identified as Commercial/Recreation on the General Plan Map B. Visitor -serving Commercial Uses including, but not limited to, the following: Beach recreation equipment sales and rentals; Visitor or tourist oriented gift shop or retail sales; Snack Bar/Snack Shop; conditional use permit subject to Article 10, Section 10-7; Hotels, Motels Restaurant/Cafe; beer, wine, or general alcohol in conjunction with, conditional use permit required subject of Article 10 C. Any other commercial uses not listed which may be considered visitor -serving shall be subject to the review and approval of the Planning Commission Section 9.61-7 Commercial Development Standards 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The maximum height shall be thirty (30) Feet. Exceptions for height of roof structures shall be in accordance with Article 12, Section 1201, of the zoning ordinance. B. The gross square footage of the commercial floor areas, including any areas for outside dining, and/or recreational use shall be a minimum of 30% of the total floor area of the combination of the commercial and residential uses on the entire site designated Specific Plan Area. C. A Precise Development Plan shall be required for any commercial development in accordance with Article 14, Division 3 (Section 1430 et. seq.) D. All other standards shall be governed by the City of Hermosa Beach Zoning Ordinance, including, but not limited to, Section 8-5, and Article 11.5, Off -Street Parking. Section 9.61-8 Public Open Space Acquisition A. The purpose of this section is to require that funds from the initial sale of the property from the City of Hermosa Beach shall provide for the acquisition of public open space principally within the Coastal Zone of the City of Hermosa Beach as follow: 1. No sale of the property shall take place until a trust fund is established, by the City Council of the City of Hermosa Beach, for the sole purpose of acquiring and improving open space; 2. Eighty percent (80%) of an amount up to the maximum of eight million dollars ($8,000,000) received from the sale of the property shall be used for the acquisition and improvement of open space property not currently owned by the City of Hermosa Beach, of which at least seventy percent (70%) shall be be located within the Coastal Zone; 3. The minimum area to be acquired shall be four (4) acres; 4. No building permits for construction within this Specific Plan Area zone shall be issued until either of the following has occurred: a. A minimum of four (4) acres of open space property has been acquired; or, b. The funding necessary to comply with this section, in terms of acquiring and improving open space, has been dedicated to the purchase of the open space and a binding contract has 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been executed guaranteeing the purchase of no less than 90% of the minimum of four (4) acres of open space property 5. For the purposes of this section, open space property shall be defined as any property designated Open Space on the City of Hermosa Beach General Plan, and/or designated as Open Space on the zoning map. SECTION 4. If any section or subsection of this ordinance is for any reason held to be invalid or unenforceable, such holding shall not affect in any respect the validity of the remaining portions of this ordinance or any part thereof. SECTION 5. There shall be no modifications, amendment or repeal of any provision of this ordinance without a vote of the people. SECTION 6. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provision herein shall be repealed in its entirety and of no force and effect. SECTION 7. This ordinance shall take effect in the manner prescribed by law. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 91 - AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO LIMIT MAXIMUM HEIGHT IN THE C-2 AND C-3 ZONES AND SPECIFIC PLAN AREAS NO. 7 AND NO. 8. WHEREAS, the citizens of Hermosa Beach desire to protect the low profile character of Hermosa Beach; and WHEREAS, the citizens desire to protect wherever possible both public and private scenic views; and WHEREAS, the citizens desire to limit the intensity of development within the City; NOW, THEREFORE, THE PEOPLE OF THE CITY OF HERMOSA BEACH DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amend Article 8, Commercial Zones, Section 8-5, Standards and Limitations (6) Building Height as follows: "b. In the C-2 zone, no building shall exceed a maximum height of thirty (30) feet. c. In the C-3 zone, no building shall exceed a maximum height of thirty-five (35) feet." SECTION 2. Amend Article 9.6, Specific Plan Areas, Division 7, Specific Plan Area No. 7, Section 9.67-6, Commercial development standards, (b) Standards, as follows: (1) Maximum height: East of P.C.H. West of P.C.H. First Tier Second Tier Maximum/ Maximum/ Minimum Minimum Requirements Requirements 30 feet 30 feet 35 feet 35 feet SECTION 3. Amend Article 9.6, Specific Plan Areas, 2711 Division 8, Plan Area No. 8, Section 9.68-6, Commercial development standards, (b) Standards, as follows: 28 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Maximum height: East of P.C.H. West of P.C.H. First Tier Second Tier Maximum/ Maximum/ Minimum Minimum Requirements Requirements 25 feet 30 feet 35 feet 35 feet SECTION 4. This ordinance shall not apply to any projects that have a completed building permit package on file with the City prior to November 5, 1991. Said package must include a completed building permit application form, completed conceptual plans (plot plan, floor plan, elevation plan and 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 building permit within six months of the effective date of this ordinance. SECTION 5. If any section or subsection of this ordinance is for any reason held to be invalid or unenforceable, such holding shall not affect, in any respect, the validity of the remaining portions of this ordinance or any such part thereof. SECTION 6. There shall be no modification, amendment or repeal of any provisions of this ordinance without a vote of the people. SECTION 7. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provisions herein, shall be repealed in its entirety and of no force and effect. SECTION 8. This ordinance shall take effect in the manner prescribed by law. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots notices printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. 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 25TH DAY OF JULY, 1991. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: -4 jkova, City Clerk City Attorney 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91- 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 GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON TUESDAY, NOVEMBER 5, 1991, WITH THE SCHOOL DISTRICT AND GENERAL DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE, FOR THE ELECTION OF CERTAIN OFFICERS AND THE SUBMITTAL OF CERTAIN MEASURES TO THE ELECTORATE. WHEREAS, the City Council of the City of Hermosa Beach called a General Municipal Election in said City to be held on November 5, 1991 for the purpose of the election of two members of the City Council, a City Clerk, and a City Treasurer; and for the purpose of submitting to the voters of said City the following measures: Petition Initiative Measure relating to Open Space on the Biltmore Site; Council proposed measures relating to Residential and Commercial Recreation on the Biltmore Site and open space acquisition, and relating to height limits in the C-2 and C-3 zones and Commercial Specific Plan Areas Nos. 7 and 8; and an advisory measure regarding housing development standards; and WHEREAS, it is desirable that said General Municipal Election be consolidated with the School District and General District Elections to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same; and that the Registrar of the County of Los Angeles canvass the returns of the General Municipal Election; and that said General Municipal Election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. That pursuant to the requirements of Section 23302 of the Election Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the School District and General District Elections on Tuesday, November 5, 1991 for the purpose of the election of two members of the City Council, a City Clerk, and a City Treasurer; and submitting to the electors of the City of Hermosa Beach measures to appear on the ballot as follows: REZONING THE BILTMORE SITE AS OPEN SPACE/PUBLIC PARK Shall the Petition Initiative Ordinance which designates the Biltmore Site as Open Space O -S-2 for preservation and use as a public park be adopted? YES NO REZONING BILTMORE SITE AS RESIDENTIAL/COMMERCIAL Shall the Ordinance rezoning the .82 acre Biltmore Site 70% Residential and 30% Commercial for the purchase and improvement of four to ten acres for park purposes be adopted? YES NO AMENDMENT OF ZONING ORDINANCE LOWERING COMMERCIAL HEIGHT Shall the Ordinance limiting maximum height to 30 feet in C-2 zone, and 35 feet in C-3 zone be adopted? YES NO • ADVISORY VOTE ONLY: RESTRICTING HOUSING DEVELOPMENT STANDARDS Should the City of Hermosa Beach consider more restrictive housing development standards affecting bulk, such as height, setbacks, open space, and parking requirements? YES NO // 2 1 SECTION 2. That said Registrar is hereby authorized to 2 canvass the returns of said General Municipal Election which it 3 4 5 6 7 8 9 10 11 12 13 14 15 is hereby requested to consolidate with said School District and General District Elections. Said elections shall be held in all respects as if it were only one election, and only one form of ballot shall be used. SECTION 3. That said Board of Supervisors is hereby requested to issue instructions to the Los Angeles County Registrar to take any and all steps necessary for the holding of said consolidated election. SECTION 4. That the City of Hermosa Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs. SECTION 5. That the City Clerk of the City of Hermosa Beach is hereby directed to file a certified copy of this 16 resolution with the Board of Supervisors and the Registrar of the 17 County of Los Angeles. 18 SECTION 6. That the City Clerk shall certify to the 19 passage and adoption of this Resolution and enter it into the 20 book of original Resolutions of said City. 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF JULY, 1991. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: JC_Y(41,:r City Clerk City Attorney 1 RESOLUTION NO. 91- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 3 CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO 4 PREPARE IMPARTIAL ANALYSES. 5 WHEREAS, a General Municipal Election is to be held in the 6 City of Hermosa Beach, California, on November 5, 1991, at which 7 there will be submitted to the voters the following measures: 8 REZONING THE BILTMORE SITE AS OPEN SPACE/PUBLIC PARK 9 Shall the Petition Initiative Ordinance which designates the Biltmore Site as Open Space O -S-2 for preservation and use as a 10 public park be adopted? 11 YES NO 12 REZONING BILTMORE SITE AS RESIDENTIAL/COMMERCIAL 13 Shall the Ordinance rezoning the .82 acre Biltmore Site 70% Residential and 30% Commercial for the purchase and improvement 14 of four to ten acres for park purposes be adopted? 15 YES NO 16 AMENDMENT OF ZONING ORDINANCE LOWERING COMMERCIAL HEIGHT 17 Shall the Ordinance limiting maximum height to 30 feet in C-2 zone, and 35 feet in C-3 zone be adopted? 18 YES NO 19 20 ADVISORY VOTE ONLY: RESTRICTING HOUSING DEVELOPMENT STANDARDS Should the City of Hermosa Beach consider more restrictive 21 housing development standards affecting bulk, such as height, setbacks, open space, and parking requirements? 22 YES NO 23 24 // 25 // 26 // 27 // 28 // 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes as follows: REZONING BILTMORE SITE AS OPEN SPACE 0-8-2 FOR PUBLIC PARK Council declined to write an argument against. REZONING BILTMORE SITE AS RESIDENTIAL AND COMMERCIAL RECREATION FOR OPEN SPACE ACQUISITION/IMPROVEMENT Councilmember Essertier in favor, with all Councilmembers invited to sign. AMENDING ZONING ORDINANCE TO LIMIT MAXIMUM HEIGHT IN C-2 AND C-3 ZONES AND S.P.A. NO. 7 AND NO. 8 Councilmember Creighton in favor, with all Councilmembers invited to sign; Councilmember Sheldon against, with all Councilmembers invited to sign. ADVISORY: CONSIDERATION OF MORE RESTRICTIVE HOUSING DEVELOPMENT STANDARDS AFFECTING BULK Councilmember Essertier in favor, with all Councilmembers invited to sign; Councilmember Wiemans against, with all Councilmembers invited to sign. Said members of that body to file written arguments regarding the City measures as specified above in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measures may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of each measure to the City Attorney. The City Attorney shall prepare an impartial analysis of each measure showing the effect of the measure on the existing law and the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. 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 on this 25th day of July, 1991. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CKAAL, City Clerk City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91- 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 GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1991. WHEREAS, Section 4015.5 and 5014.5 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City Measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 4015.5 and 5014.5 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than ten (10) days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 5, 1991, and shall then be repealed. 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 on this 25th day of July, 1991. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: (2(A.0,_,_4:t_ ,/kiodle City Clerk City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 1991. WHEREAS, Section 20501(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 20501(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 2. That this resolution shall apply only to the election to be held on November 5, 1991, and shall then be repealed. SECTION 3. That the City Clerk shall certify to the 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this day of 1991. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ‘m_ vex City Clerk City Attorney