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HomeMy WebLinkAbout04/11/95"It is often hard to distinguish between the hard knocks of life and those of opportuni AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 11, 1995 Council Chambers, City Hall . Regular Session - 7:00 p.m. MAYOR CITY CLERK Robert Benz Elaine Doerfling MAYOR PRO TEM CITY TREASURER John Bowler John M. Workman COUNCIL MEMBERS CITY MANAGER Sam Y. Edgerton Stephen R. Burrell Julie Oakes CITY ATTORNEY J. R Reviczky Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, the Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council foyer. CALL TO ORDER PLEDGE OF ALLEGIANCE. ROLL CALL PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda. (a) ORAL COMMUNICATIONS Members of the Public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Please limit comments to one minute. Citizens also may speak: 1) during Consent Calendar consideration or Public Hearings; 2) with the Mayor's consent,. during discussion of items appearing under Municipal Matters; and, 3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. CL4 .6 Where there is no vision the people perish HERMOSA BEACH CITY COUNCIL AGENDA WELCOME' By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often. Meetings are televised live on Multivision Cable Channel 3 and replayed the next day (Wednesday) at noon. Agendas for meetings are shown on Channel 3 the weekend before the meetings. Opportunities for Public Comments Citizens may provide input to their elected Councilmembers in writing or orally. Letters on agenda matters should be sent or delivered to the City Clerk's or City Manager's Office. If sent one week in advance, they will be included in the Council's agenda packet with the item.. If received after packet compilation, they will be distributed prior to the Council meeting. Oral communications with Councilmembers may be accomplished on an individual basis in person or by telephone, or at the Council meeting. Please see the notice under "Public Participation" for opportunities to speak before the Council. It is the policy of the City Council that no discussion of new items will begin after 11:30 p.m:, unless this rule is waived by the Council. The agenda is developed with the intent to have all matters covered within the time allotted. In compliance :with, the Americans With Disabilities Act, if you need special' assistance to participate in this meeting, you should contact the Office of the City Clerk at (310) 318-0204. Please provide enough time to enable us to make reasonable arrangements to assureaccessibility to this meeting. Note: City offices are open 7 A.M. to 6 P.M., Mon. - Thurs., Closed Fridays. There is no smoking allowecl in the Council Chambers (over) THE HERMOSA BEACH FORM OF GOVERNMENT Hermosa Beach has the Council -Manager form of government, with a City Manager appointed 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 considered the most economical and efficient form of City government in the United States today. The following explanations may help you to understand the terms found on most agendas for meetings of the Hermosa Beach City Council. GLOSSARY Consent Items ... A compilation of all routine matters to be acted upon by one vote; approval requires a majority affirmative vote. Any Councilmember may remove an item from this listing, thereby causing that matter to be considered under the category Consent Calendar items Removed For Separate Discussion. Public Hearings ... Public Hearings are held on certain matters as required by law -or by direction of Council. 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. 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 5 days later Council may adopt, reject or hold over the ordinance to a subsequent meeting. Most ordinances take effect 30 days after the second reading. Emergency ordinances are governed by different provisions and waive the time requirements. Written Communications ... The public, members of advisory boards/commissions or organizations may formally communicate to or make a request of Council by letter; said letters should be filed with the City Clerk by Noon the Tuesday preceding the Regular City Council meeting and request they be placed on the Council agenda. Municipal Matters ... Non-public Hearing items predicted to warrant discussion by the City Council are placed here. 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. (b) WRITTEN COMMUNICATIONS Letter and petition from Linda P. Gross dated March 29, 1995 regarding a proposal to change on -street parking regulations in the preferential parking area to the north and south of Pier Avenue in the Downtown Area. Supplemental memorandum from City Manager Stephen Burrell dated April 4, 1995. RECOMMENDATION: Direct staff to consider the suggestion so that it can be evaluated and included in the proposal to simplify and consolidate the various parking regulations citywide. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent 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. Council member requests to remove items from the Consent Calendar. (Items removed will be considered under Agenda Item 3.) Public comments on the Consent Calendar. (a) Recommendation to approve minutes of the regular meeting of the City Council held on March 28, 1995. Recommendation to ratify check register. Recommendation to receive and file Tentative Future Agenda Items. (e) Recommendation to adopt resolution authorizing the City Manager to execute sale agreement for 702 - llth Place including promissory note, certificate of acceptance and to market promissory note; and direct all proceeds from the sale of the property to be placed in the Downtown Business Area Enhancement District Commission fund to be used to fund approved improvements. Memorandum from City Manager Stephen Burrell dated April 4, 1995. Recommendation to receive and file informational memorandum from City Attorney dated March 30, 1995 regarding Sunset Clauses. Recommendation to adopt a "Clean Ocean City" program to publicly recognize businesses, residents and students that enact "Clean Ocean City" practices to protect or enhance the environment, including our beaches and the Santa Monica Bay. Memorandum from Public Works Director. Amy Aniirani dated March 23, 1995. (g) , Recommendation to deny the followin! claims and refer to the City's Liability Claims Administrator: (h) (i) Claimant: Mia Macris Date of Loss: 01/04/95 Date Filed: 03/28/95 Claimant: Brian J. McMahon Date of Loss: 09/22/94 Date Filed: 03/21/95 Claimant: Carol Carpinecz Date of Loss: 01/15/95 Date Filed: 03/01/95 Claimant: Robert Doherty Date of Loss: 02/15/95 Date Filed: 02/22/95 Claimant: Robert Wachter Date of Loss: 03/12/95 Date Filed: 03/20/95 Memorandum from Personnel Director Robert Blackwood dated April 3, 1995. Request for approval to communicate City Council position to support AB1191 - Allocation of Prop 172 Sales Tax Revenue, oppose SB323 - Public Records Act, and support SB19 - Unfunded Mandates: Cities with Populations Less that 25,000. Memorandum from City Manager Stephen Burrell dated April 5, 1995. Recommendation to award a three year audit contract in the amount of 559,230 to Caporicci & Larson. Memorandum from Finance Director Viki Copeland dated April 6, 1995. CONSENT ORDINANCES ORDINANCE NO. 95-1128 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." (This Ordinance refers to the Alano Club. at 702 Eleventh Place) For adoption. Memorandum from City Clerk Elaine Doerfling dated April 3, 1995. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. * Public comments on items removed from the Consent Calendar. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. REQUEST FOR EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REIMBURSABLE CONTRACT. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. RECOMMENDATION: Execution of contract by Mayor as stipulated by the Los Angeles County Community Development Commission (CDC). SPECIAL STUDY TO CONSIDER A TEXT AMENDMENT TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE REGARDING THE CRITERIA FOR THE APPROVAL OF SUBDIVISIONS AND A DEFINITION OF "NEIGHBORHOOD AREA". Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated April 4, 1995. PLANNING COMMISSION RECOMMENDATION: Receive and file as there is no need for a text amendment. ALTERNATIVES: 1) Introduce ordinance which establishes that the area for determining prevailing lot size be within a 300' radius, in the same zone and general plan designation, and within the same "neighborhood area"; and, which defines "neighborhood area. 2) Consideration of prevailing "lot width" and/or "lot frontage" in addition to lot size. MUNICIPAL MATTERS REQUEST FROM VISION HERMOSA TO CONDUCT A FREE BEACH CONCERT AND FUND-RAISER IN CONJUNCTION WITH THE 4 -WOMAN PRO VOLLEYBALL TOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated April 5, 1995. RECOMMENDATION: 1) Approve the concept of an evening concert to be held south of the Hermosa Beach Pier from 6pm 10pm on May 13, 1995; 2) Approve the concept of a fund-raiser (micro -brewery beer tasting) to be held in a tent on Parking Lot B with date and hours to be determined; 3) Direct staff to coordinate event logistics and security issues between C.E. Sports and Vision Hermosa; and 4) Direct staff to return to Council with police review and event contract. IMPLEMENTATION OF A PROPOSED TRAFFIC SIGNAL AT THE INTERSECTION OF AVIATION BOULEVARD AND OCEAN AVENUE. Memorandum from Public Works Director Amy Amirani dated April 3, 1995 and Supplemental Memorandum from City Manager Stephen Burrell dated April 6, 1995. RECOMMENDATION: Approve with the stipulation that the signal be wholly funded by private resources. WALK STREET WALL, LANDSCAPE & FENCE HEIGHT DESIGN STANDARDS AND PERMIT REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 28, 1995. RECOMMENDATION: Determine if encroachment permit requirements and design requirements under Sections 29-31 through 29-38 of the Municipal Code should be enforced or amended and direct staff as deemed appropriate. "PLANNING AND PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. RECOMMENDATION: 1) Direct staffto commence with special study of the Downtown area bounded by 14th Street to the west, Hermosa Avenue to the east, the Strand to the west and 13th Court to the south, 2) Direct staffto obtain property appraisals for City owned property in connection with the potential sale and/or exchange of land in order to better reconfigure parking on lots "B" & "C" and locate additional retail uses along Hermosa Avenue, and 3) Establish a Preliminary Project Review process to more expeditiously review projects prior to proceeding with entitlements for Downtown projects. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 12. OTHER MATTERS - CITY COUNCIL NONE CITIZEN COMMENTS Citizens. wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes. ADJOURNMENT to a Closed Session to be held on Thursday, April 13, 1995, 6:3Opm. AiAGNo9510411ngdoc SPHERD: (11) ->i -93 -',AD MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of' the City of Hermosa Beach, California, held on Tuesday, April 11, 1995, at the hour of 7:0% P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None ANNOUNCEMENTS: 3 .1,00 ✓ , 4ij PUBLIC PARTICIPATION: -A lthough the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda. (a) ORAL COMMUNICATIONS Members of the Public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Please limit comments to one minute. Citizens may also speak: (1) during Consent Calendar consideration or Public Hearings:. (2) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, (3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management of departmental operations are requestedto submit those comments to the City Manager. Coming forward to address the Council at this time were: --7 C.% /4 -L29. 4)'.° y At 7: P. the order of the agenda was suspended to go to 94_4_4,, the public hearings starting with item 4. 1614'4 - City Council Minutes 03-14-95 Page 8777 (b) WRITTEN COMMUNICATIONS 1. Letter and petition from Linda P. Gross dated March 29, 1995 regarding aproposal to change on -street parking regulations in the preferential parking area to the north and south of Pier Avenue in the Downtown Area. Supplemental memorandum from City Manager Stephen Burrell dated April 4, 1995. Coming forward to address the Council on this item was: Linda Gross - Manhattan Avenue, RECOMMENDATION: Direct staff to consider the suggestion so that it can be evaluated and included in the proposal to simplify and consolidate the various parking regulations citywide. Action: To approve the staff recommendation. Motion ,)./L, , second Ee,t. The motion carried by unanimous vote. 1. CONSENT CALENDAR The following more routine matters will be acted upon by one vote to approve with the majority consent 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. Council member requests to remove items from the consent calendar --Items removed will be considered under Agenda Item 3 and Public comments on the Consent Calendar may be heard. Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Motion , second So ordered. Avr-I‘J- -e No one came forward to address the Council on items not removed from the consent calendar. City Council Minutes 03-14-95 Page 8778 ) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting of the City Council held on March 28,. Action: To approve the minutes of the Regular Meeting of March 28,"1995 as ******** (b) RECOMMENDATION -TO RATIFY THE CHECK REGISTER NOS. 2897 THROUGH 2905 INCLUSIVE, 2971 THROUGH 2977 INCLUSIVE, AND 3046 THROUGH 3143 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 2906. 2974, 2975, 3047, 3051, 3052, 3053 AND 3054. N. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented (d) RECOMMENDATION TO ADOPT RESOLUTION. AUTHORIZING THE CITY MANAGER TO EXECUTE SALE AGREEMENT"FOR 702 - 11TH PLACE INCLUDING PROMISSORY NOTE, CERTIFICATE OF ACCEPTANCE AND TO MARKET PROMISSORY NOTE; AND DIRECT ALL PROCEEDS FROM THE SALE OF THE PROPERTY TO BE PLACED IN THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION FUND TO BE USED TO FUND APPROVED IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated April 4, 1995. Action: To approve the staff recommendation to:. 1) adopt Resolution No 95-573.7,; entitled, SHA RESOLUTION - OF THE CITY COUNCIL OF THE. CITY OF HERMOSA BEACH, /4N7/ CALIFORNIA, AUTHORIZING AND DIRECTING THAT THE CITY MANAGER EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF PROPERTY LOCATED AT 702 - 11TH pLACE,. HERMOSA BEACH, CALIFORNIA TO THE ALANO CLUB OF THE SOUTH BAY." including promissory note, certificate City Council Minutes 03-14-95 Page 8779 of acceptance and to market the promissory note; and, direct all proceeds from the sale of the property to be placed in the Downtown. Business Area Enhancement District Commission fund to be used to fund approved improvements. (e) _-RECOMMENDATION TO RECEIVE AND FILE INFORMATIONAL MEMORANDUM FROM CITY ATTORNEY DATED MARCH 30, 1995 REGARDING SUNSET CLAUSES. Action: To, receive and file the report. y.. (f) RECOMMENDATION TO ADOPT A "CLEAN OCEAN CITY" PROGRAM TO PUBLICLY RECOGNIZE BUSINESSES, RESIDENTS AND STUDENTS THAT ENACT "CLEAN OCEAN CITY" PRACTICES TO PROTECT OR ENHANCE THE ENVIRONMENT, INCLUDING OUR BEACHES AND THE SANTA MONICA BAY. Memorandum from Public Works Director Amy Amirani dated March 23, 1995. Action: To approve the staff recommendation to adopt a "Clean Ocean City" program to publicly recognize: 1) businesses with a potential for storm drain pollution, based on their activities, who comply with Best Management Practices (BMP) comprised of employee training and education; proper maintenance and cleaning of equipment and tools; proper diposal of hazardous materials and waste water; re -use and recycle whenever possible; and dispose of all debris in covered trash receptacles; 2) residents or citizens whose actions are identified as making a significant, positive difference to the environment by such activities as a timely crisis intervention (major spills, etc.), the amount of time or quality of volunteer work, etc.; and, 3) studentsindividualy or as a group, would be eligible for such activites as a special or significant volunteer project, a science project, a poster competition, etc., City Council Minutes 03-14®95 Page 8780 with recognition by the Mayor and Council on a quarterly basis with certificates for all and decals for businesses to display in their windows. (g) Recommendation to deny the following claims and refer to the City's Liability Claims Administrator. Memorandum from Personnel Director Robert Blackwood dated April 3, 1995. Action: To deny the following claims City's Liability Claims Admoinistrator: Mia Macris 01/04/95 03/28/95 Claimant alleges that wood chips used by the City for landscaping clogged drains and caused flooding in garage during storm; Claimant: Brian J. McMahon Date of Loss: 09/22/94 Date Filed: 03/21/95 Allegation: claimant alleges unlawful deprivation of civil rights, deprivation of constitutional right to privacy and denial of equal protection; Claimant: Date of Loss: Date Filed: Allegation: and refer to the Claimant: Carol Carpinecz Date of Loss: 01/15/95 Date Filed: 03/01/95 Allegation: claimant alleges trip and fall caused when heel caught in hole in sidewalk; Claimant: Robert Doherty Date of Loss: 02/15/95 Date Filed: 02/22/95 Allegation: claimant alleges that his plumbing backed up due to City flushing sewer lines; and, Claimant: Robert Wachter Date of Loss: 03/12/95 Date Filed: 03/20/95 Allegation: claimant alleges trip and fall caused by dangerous condition in sidewalk. (h) REOUEST FOR APPROVAL TO COMMUNICATE CITY COUNCIL POSITION TO SUPPORT AB1191 - ALLOCATION OF PROP 172 SALES TAX REVENUE, OPPOSE SB323 - PUBLIC RECORDS ACT, AND SUPPORT City Council Minutes 03-14-95 Page 8781 SB19 - UNFUNDED MANDATES: CITIES WITH POPULATIONS LESS THAT 25,000. Memorandum from City Manager Stephen Burrell dated April 5, 1995. Action: To approve the staff recommendation to: 1) support AB1191 - Allocation of Prop 172 sales tax: which would allocate an additional portion of sales tax to the originating cities; 2 oppose SB323 - Public Records Act: which would be an unfunded mandate to all government agencies to provide access to records by electronic (computer) systems and would allow immediate access to records either by providing the files on disk or allowing access to the agency computer system; and, 3) support SB19 - Unfunded Mandates: which would exempt cities from having to comply with State mandates that are not funded by the State. It would not apply to new crimes or items requested by local governments or the federal government. (i) RECOMMENDATION TO AWARD A THREE YEAR AUDIT CONTRACT IN THE AMOUNT OF $59,230 TO CAPORICCI & LARSON. Memorandum from Finance Director Viki Copeland dated April 6, 1995. Action: To approve the staff recommendation to award a three year audit contract, (covering fiscal years 1994-95 through 1996-97, with an option to extend the agreement for two additional fiscal years) in the amount of $59,230 to the firm of Caporicci & Carson 2. CONSENT ORDINANCES (a) -ORDINANCE NO. 94=1128.- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)."" (This Ordinance refers to the Alano Club at 702 Eleventh Place.) For adoption. Memorandum from City Clerk Elaine Doerfling dated April 3, 1994., Action: To adopt Ordinance No.4=-1128, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, �rr City Council Minutes 03-14-95 Page 8782 CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)."" (This Ordinance refers to the Alano Club at 702 Eleventh Place and changes the zoning of the property from Open Space to C-3.) Motion , second AYES:_ Bowler, Oakes, Edgerton,.Reviczky, Mayor Benz NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1( ) , ( ) , ( ) , and ( ) were heard at this time but are shown in order for clarity. Public comments on items removed. from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. REOUEST FOR EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REIMBURSABLE CONTRACT. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. RECOMMENDATION: Execution of contract by Mayor as stipulated by the Los Angeles County Community Development Commission (CDC). Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:59 P.M. Coming forward to address the Council on this item were: City Council Minutes 03-14-95 Page 8783 The public hearing closed at . P.I. Action: To approve the staff recommendation to authorize the Mayor to execute the contract as stipulated by the Los Angeles County Community Development Commission (CDC), that will enable the City to receive an allocation of .$152,691 in the fiscal year 1995-96 for funding the City's Americans with Disabilities Act Compliance and Transition Plan for improvements at City Hall. Motion s , second The motion carried by a unanimous vote. 5. SPECIAL STUDY TO CONSIDER A TEXT AMENDMENT TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE REGARDING THE CRITERIA FOR THE APPROVAL OF SUBDIVISIONS AND A DEFINITION OF "NEIGHBORHOOD AREA". Memorandum and Ordinance for introduction,' from Community Development Director Sol Blumenfeld dated April 4, 1995. PLANNING COMMISSION RECOMMENDATION: Receive and file as there -is no need for a text amendment. ALTERNATIVES: 1) Introduce ordinance which establishes that the area for determining prevailing lot size be within a 300' radius, in the same zone and general plan designation, and within the same "neighborhood area"; and, which defines "neighborhood area." 2) Consideration of prevailing "lot width" and/or "lot frontage" in addition to lot size. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7: 70 P.M. Coming forward t address the Council on this item were: . v)-,',- /7 _�' J /e 1^1. �i t j ) v•�" �C9 1 U ,��, 60 ? % „� b -o / -� v/ /2 3 v -fl) 6".••••••} /`�`_ l� l' �l 411 e--, 2,-/".. . opi7 7°/ve----,'" c -- ,,,_., , ) A a, A v i V ------- „\ tt,a- --, _- A.. - rt, 79 City uracil Mia:utesy3-14-95 Page 8784 &f2iyr, ,)/-7 ° 1P) The public hearing closed at 7:.5J P.M. Action: To approve the alternate recommendation to: 1) introduce Ordinance No. 95- 1129,Lwhich establishes that the area for determining prevailing lot size be within a 300 foot radius, in the same zone and general plan designation, and within the same "neighborhood area"; and, defines "neighborhood area"; and, 2) include consideration of prevailing "lot width" and/or "lot frontage" in addition to lot size. Motion , second The motion carried by unanimous vote. Final Action: To,waive further reading, of Ordinance No. 95-1129-, entitled, "AN` ORDINANCE OF THE 'CITY OF HERMOSA BEACH, CALIFORNI,TO AMEND THE,SUBDIVISION ORDINANCE IN REGARD -TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO. DEFINE�"NEIGHBORHOOD AREA'." Motion second AYES: Bowler, Oakes, Edgerton NOES: None Reviczky, Mayor Benz .-MUNICIPAL MATTERS • 6. REQUEST FROM VISION HERMOSA TO CONDUCT .'A FREE. BEACH CONCERT AND FUND-RAISER :IN CONJUNCTION WITH THE 4 -WOMAN PRO VOLLEYBALL TOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated April 5, 1995. heater' oney presented the staff report and. responded to Council questions. �, r _ `� 1 J�_" : `" - t �G `may ' . / . 64t.', + .L.r/'.L.42—.1 / (/L'—�'/_ /�—..�Y ;4,;.-- public lmPublic participation opened at"' P.M. Coming forward' to address the, Council on this item were:_,,,,,. 4� .,. a ---0': , r.,,t__ ___.: .a ----r2 .--. .. .. City, Council Minutes 03-14-95 Page 8785 1( -411b -- 2 9 C ,..e0 g -vt- • ,zav r).„, /` .. J ( (/4 I- /"" /c' c/<, Seeing no one come forward to address the Council item, public participation closed at : P.M. ,- RECOMMENDATION: 1) approve the concept of an evening concert to be held south of the Hermosa Beach Pier from 6:00 P.M. to 10:00 P.M. on Saturday, May 13, 1995; 2) approve the concept of a fund-raiser (micro -brewery beer tasting) to be held in a tent on Parking Lot B with date and hours to be determined; 3) direct 'staff to coordinate event logistics and security issues between C.E.Sports and Vision Hermosa; and 4) direct staff to return to Council with: police review 'and event contract. Motion. , second The unanimous vote. .on this a" -- motion .carried ' .carried " by a . IMPLEMENTATION ,OF '"A PROPOSED TRAFFIC SIGNAL AT• THE -INTERSECTION`OF' AVIATION BOULEVARD- AND OCEAN AVENUE. Memorandum from Public Works Director Amy Amirani.dated. April 3, 1995 and Supplemental Memorandum.from .City* Manager. Stephen Burrell dated April .:6,.1995. -tell presented responded to Council questions. the 6 - staff report and Public participation opened at 9: 37 P.M. Coming forward to address the Council onthisitem. were: 164_ A ��..� s a_d.,a>f :gay Cit /C 'unci1 Minutes 03-14-95 Page 8.38¢ J 16.4:_esz ),ee vs 7 - . /- ,c. • ) 0),L------., r ;_.__,--/ (cp 32, /moi ,i L -r" /cam - (. - a--h-t 0 s--- /--Z j ..--,-. .._ __46> x,_(„_, j",, ,, , ‘___-e<TP .32--",-( '6 )-, )-- . --cv. f - 4"._____, cy, .__ .- r j ) -0- ___------1- ,_ .."_;t_z_d_...) _.. ,,,____,___; 7,?‘ 7 J ,‘ --iz_ • Seeing no one come forward to address the Council on this item, public participation closed at/0:0/P.M. 3,/e mot ) �- �-� `b e._) /4 f yam' v )-'`° --' �-� _ ate, j e --7.-popy? 0.1-av d5g-,/' 2 r-� RECOMMENDATION: Approve with the stipulation that the signal be wholly funded by private resources. Action: To approve the staff recommendation to approve the installation of a traffic signal at the intersection of Aviation Boulevard and Ocean Avenue as recommended by the Traffic Engineer provided that its cost is wholly funded by private resources of the neighboring property owners. Motion second The motion carried by a unanimous vote. 6 j4e./- - 8. WALK STREET WALL, LANDSCAPE & PENCE HEIGHT DESIGN STANDARDS AND PERMIT REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 28, 1995. ) e-6 S ./ epresented the staff report and responded to Council questions. / 4-'L - /7 4;1? -5e." -";Y" mma= .. - .moo --.a1 " .sem 'Public participation 'opened at j0:37 P.N.. address the Council on this; item were: Coming forward to • 'D Off' Seeing no one come `forward' to. 'address .the. Council item, publicparticipation'closed at : P.M. - City Council. Minutes 03-14®95 ,. on .this 0 adv Page 8787 - „),-; /•,~ ( 0_7> /`' - ''er � --" d)a, -1ECOMMENDATION: Determine if encroachment permit requirements and design requirements under Sections 29-31 through 29-38 of the Municipal Code should be enforced or amended and direct staffas deemed appropriate. Action: To J 2/2 4 1 e 9. PLANNING AND PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. Community Development Director Blumenfeld presented the staff report and responded to. Council questions. Public participation opened at //:aly P.M. Coming forward to address the Council on this item were • -==. 904-7''� fes,.. yt.� ��/ G� �uC (A=:. 9 -� Ili ' Seeing no one come forward to address the Council on this item, public participation closed at//:,;gP.M. City Council Minutes 03.14-95 Page 8788 RECOMMENDATION: 1) direct staff to commence with special study of the Downtown area bounded by 14th Street to the north, Hermosa Avenue to the east, the Strand to the west and 13th Court to the south; 2) direct staff to obtain property appraisals for City owned property in connection with the potential sale and/or exchange of land in order to better reconfigure parking on lots "B" & "C" and locate additional retail uses along Hermosa Avenue; and, 3) establish a Preliminary Project Review process to more expeditiously review projects prior to proceeding with entitlements for Downtown projects. Motion , second The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes fr''//'r�0644A- e)64'Li: ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 11, 1995 at the hour of 1/ : P.M. to the Adjourned Regular Meeting of Thursday, April 13, 1995 at the hour of 6:30 P.M. for the purpose of a closed session for the purpose of discussion of Conference with Labor Negotiator Stephen R. Burrell, City Manager, pursuant to Government Code Section 54957.6: City Council Minutes 03-14-95 Page 8789 ngotiating with the Hermosa Beach Management Association; and, matters of Litigation, pursuant to Government Code Section 54956.9(a): Clark v. City of Hermosa Beach, case number YS002665; Hermosa Beach Stop Oil v. City of Hermosa Beach, case number Los Angeles County Superior Court - BS 025 250; Hermosa Beach Stop Oil v. State Lands Commission, case number Los Angeles County Superior Court - BS 024 656; and, Turek v. City of Hermosa Beach, case number YC009110. Deputy City Clerk City Council Minutes 03-14-95 Page 8790 ACTION SI-IEET REGULAR MEETING HERMOSA`BEACH CITYCOUNCIL Tuesday, April 11, 1995 - Council Chambers; City Hall Regular Session —7:00 00 p.m: CALL TO ORDER: 7:10pm PLEDGE OF ALLEGIANCE: Led by Garrison Frost, Jr. Beach Reporter ROLL CALL: ALL PRESENT PUBLIC PARTICIPATION:, (a) ORAL COMMUNICATIONS Tom Morley: Spoke regarding South Park and the addition of a roller hockey rink in the "11th hour" without public comment,. and questioned why the contractors are pouring -for ; a rink which was supposed to be part ofPhase Il SB clarified that the rink was part of the biddingfor Phase L Shirley Cassell . Asked council to pull items lb and ld Suggested that parking permits be good year round. Sheila Miller: Suggested an et,onotnio feasibility study prior to consideration of a hotel project John Burt Asked to pull item I f '(b) WRITTEN COMMUNICATIONS �. Letter and petition from Linda P. Gross dated March 29, 1995 regarding =a proposal to change on -street parking regulations in the preferential parking area to the north and south of Pier Avenue in the Downtown Area. Supplemental memorandum from City Manager Stephen Burrell dated April 4;' 1995: JR/SE MOTION TO DIRECT STAFF TO CONSIDER THE SUGGESTION SO THAT IT CAN BE EVALUATED AND INCLUDED IN THE PROPOSAL TO SIMPLIFY AND CONSOLIDATE THE VARIOUS PARKING REGULATIONS CITYWIDE. ,' 1. CONSENT CALENDAR (a) Recommendation to approve minutes of the regular meeting of the City Council held on' March. 28, 1995. (b) Recommendation to ratify check register. PULLED BY RB AT THE REQUEST OF SHIRLEYCASSELh ' Shirley Cassell: Questioned check # in the amount of $293 00 for gas Asked why a city vehicle was not used. • SB clarified that thiswas not just forgas, also per diam and other related expenses in connection 'with a conference. I SE/JR MOTION FOR STAFF RECOMMENDATION. VOTE: 5=0 (c) Recommendation to receive and file Tentative Future Agenda .Items.. -(d) Recommendation to adopt resolution authorizing the •City.Manaeer to execute sale agreement for 702 - llth Place including promissory note, certificate of acceptance and to market promissory note; and direct all proceeds from the sale of the property to be placed in the Downtown Business, Area Enhancement District Commission fund to be used to fund approved improvements. Memorandum from -City Manager' Stephen Burrell dated April 4, 1995: PULLED BY RB AT THE REQUEST OF SHIRLEY CASSELL. Shirley Cassell.- Questioned why funds were not being put into the General Fund JR/JO MOTION FORSTAFF RECOMMENDATION, VOTE 5-0 (e) Recommendation to receive and file informational memorandum from City Attorney dated March 30, 1995 regarding Sunset Clauses: (f) Recommendation to adopt as "Clean Ocean City" program to publicly; recognize businesses, residents and students that enact "Clean Ocean City" practices to protect or enhance the environment, including our beaches and the Santa Monica Bay. Memorandum from Public Works Director Amy Amirani dated March 23, 1995. PULLED :BY, •SE AT THE REQUEST OF JOHN BURT. John Burt Feels. that maintenance workers are not doing a goodjob cleaning up, the beach feels city and citizens should clean up the beach. JB/JO MOTION FOR STAFF RECOMMENDATION VOTE: '5-0 (g) Recommendation to deny the followine claims and refer to the City's Liability Claims Administrator: (i) Claimant: Mia Macris` Date of Loss: 01/04/95 Date Filed: : 03/28/95 Claimants Brian J. McMahon Date of Loss: 09/22/94 Date Filed: 03/21/95 Claimant: Carol Carpinecz Date of Loss: 01/15/95 Date Filed: '= 03/01/95 Claimant Robert Doherty Date of Loss: 02/15/95 Date Filed: 02/22/95 Claimant: Robert Wachter Date of Loss: 03/12/95 Date Filed: 03/20/95 Memorandum from Personnel Director Robert Blackwood dated April 3, 1995: Request for approval to communicate City Council position to support AB1191 Allocation. of Prop 172 Sales Tax Revenue, oppose SB323 - Public Records Act., and supsort.SBI9 Unfunded Mandates: Cities with Populations less that 25,00.0. Memorandum from City Manager Stephen Burrell dated April 5, 1995: Recommendation to award athree:year audit contract in the amount of $59,230 to Caporicci & Larson: Memorandum from Finance Director Viki Copeland dated April 6, 1995. JR/SE MOTION FOR STAFF RECOMMENDATION ON BALANCE OF CONSENT CALENDAR. VOTE: 5-0 • CONSENT ORDINANCES a. :-. ORDINANCE NO. 95-1128 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. ,95-1)." (This Ordinance refers to..the Alano:Club at 702 Eleventh Place.) For adoption.: Memorandum from City Clerk Elaine Doerfling datedApril 3, 1995. JB/RB MOTION TO ADOPT. VOTE: 4-1 (JR -NO) ;3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. • Public comments `on items ems removed from the Consent Calendar.` PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. 4 REQUEST FOR EXECUTION. OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REIMBURSABLE CONTRACT. Memorandum from Community Development Director Sol Bluinenfeld dated April 4, 1995: - Public Hearing Opened At 7:39pm Public Hearing Closed At 7:39pm JR/JB MOTION TO APPROVE THE EXECUTION OF CONTRACT BY MAYOR VOTE: 4-1 (RB -NO) SPECIAL STUDY TO CONSIDER A TEXT AMENDMENT TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE REGARDING THE, CRITERIA FOR THE APPROVAL OF SUBDIVISIONS AND A. DEFINITION OF "NEIGHBORHOOD AREA". Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated April 4, 1995 Public Hearing Opened 7:41pm Betty Ryan: Spoke in favor of 300' radius but disagreed with the limitations of "neighborhood area". Feels there should be no changed regarding "lot frontage". • Jack Miller: Opposes Ms. Ryan's three lot subdivision.' Feels it is not consistent with. the ' properties in the area. Vicki Garcia: Feels ordinance does not need any. revision other than changing Section 1(c) to read "inconsistent with" rather than "detrimental to".. PubliclHearing Closed: SE/JO . MOTION TO, INTRODUCE ORDINANCE WHICH ESTABLISHES THAT THE AREA FOR DETERMINING PREVAILING LOT SIZE BE WITHIN A 300' RADIUS, IN THE SAME ZONE AND GENERAL PLAN DESIGNATION, AND WITHIN. THE SAME "NEIGHBORHOOD AREA"; AND, WHICH DEFINES "NEIGHBORHOOD: AREA.' AMENDED SECTION 1(c) TO READ "The proposed subdivision will in no way be d inconsistent with the...."; AND AMEND SECTION 1(d) TO READ "The size, of the proposed lots is not smaller than the prevailing lot size and lotfrontage...". VOTE: 5-0 RB/SE MOTION TO WAIVE FURTHER READING. VOTE: 5-0 MUNICIPAL MATTERS REQUEST FROM, VISION HERMOSA TO CONDUCT A FREE BEACH CONCERT. AND FUND-RAISER IN CONJUNCTION WITH THE 4 -WOMAN. PRO VOLLEYBALL TOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated=Apri15, 1995: Valerie Tsuruda; Vision Hermosa: Explazned Vision Hermosa goals and how the micro -brewery event can raise funds for these efforts. Asked council to consider allowing Vision Hermosa to - close lower pier avenue and allow Pier Ave. merchants to move their goods onto the sidewalks. John Burt: Opposed to concerts onbeach.. Sheila Miller: Questioned"where the patrons would park and how big the beers are going to be.' Garrison Frost: Opposed to the street closure and the placement of the tent in Lot B. Suggested checking into placing the tent on the vacant land south of Biltmoie Park Patricia. Spiritus: Explained that placement of the tent in Lot B was to get movement. through Pier Avenue. _ Clarified that the street closure would not involve booths on Pier Avenue, but was strictly for Pier Avenue businesses Shirley. Cassell: Suggested putting tent in the -open space area in;Loreto Plaza: Feels serving beer is in conflict with otherbars on Pier Avenue. Dallas Yost: Supports concerts, feels that the loss ofparking in Lot .13 would be insignificant, since most of the people parking there would be beachgoers and there would be little turnover., • JO/JB MOTION TO 1) APPROVE THE CONCEPT OF AN EVENING CONCERT TO BE HELD SOUTH OF THE HERMOSA BEACH PIER FROM 6PM -10PM'ON'MAY 13, 1995;=2) APPROVE THE CONCEPT OF A FUND-RAISER (MICRO -BREWERY BEER TASTING) -TO BE HELD IN A TENT ON PARKING LOT B WITH DATE AND HOURS TO BE DETERMINED; 3) DIRECT STAFF TO COORDINATE EVENT LOGISTICS (SPECIFICALLY VENUE LOCATIONS AND PARKING ISSUES) AND SECURITY ISSUES 'BETWEEN C.E.'SPORTS AND VISION HERMOSA; AND 4) DIRECT STAFF•. TO RETURN TO COUNCIL WITH POLICE REVIEW AND EVENT CONTRACT. ` 4-1 (JR -NO) 7 IMPLEMENTATION OF A PROPOSED TRA1414Te SIGNAL AT THE INTERSECTION OF AVIATION BOULEVARD AND OCEAN -AVENUE Memorandum from Public Works Director Amy Amirani dated April 3, ,1995'and Supplemental'Memorandum from City:Manager Stephen Burrell dated April 6, 1995. Roger.Bacon:: Spoke in favor of city contributing to the placement of signal. Presented a petition in support of signal. Suggested fund raising efforts to support maintenance of signal. • Eddie Talbot, ET :Surf John -B., Ralph's; Sam -S., Clothestime; Pete ?, Starbucks; Scott Bullock, Pastor, Beach Cities:Christian Fellowship, Spoke in favor of the City contributing to the placement of signal Greg Hankis, Ocean Diner: Asked that council consider other options such as lowering speed limit or placing the signal at Owasso before any expenditure, is made. John Burt: Opposes signal'.; David Olin:, Feels .the:real problem is one of speeding and what should be studied is the reduction of the speed limit in that area. .JR/SE MOTION TO BUDGET $30,000 ($20,000 FOR. THE SIGNAL INSTALLATION AND $10,000. FOR FIRST YEAR OF MAINTENANCE) FROM FY 95-96 GAS TAX FUNDS. VOTE: 5-0 WALK STREET WALL, LANDSCAPE & FENCE HEIGHT DESIGN: STANDARDS AND PERMIT; REQUIREMENTS. ; Memorandum from Community Development Director Sol Blumenfeld dated -March ' 28, 1995. JR/JO MOTION TO LIMIT DISCUSSION OF THIS ISSUE TO 30TH AND 31ST STREETS. VOTE: 5-0 Ida Bird: Stated that she had interviewed over 30 residents of 30th and 3l st Streets andfound that they were equally divided on the height issue. Stated her reasons for supporting a' higher fence height were. privacy,: security & safety, and that there has been unequal, enforcement. Asked: that council consider these issues when making a decision in this matter. Tom ?:J In favor of amendment to permit higher fences heights or at least to "grandfather in" existing higher fences. Ms Martin' In support offence height limit in an attempt to improve neighbor relations : Stated that higher fences encourage crime rather than discouraget, and that lower fences increase property values. John Boskey: Encouraged council to remove the height limit citing: reasons of privacy, personal and property security ,Bill Wickwire: Stated that while he feels 3' may not be high enough for privacy issues, he also is opposed to the "barricade look" of high fences. Felt that the some compromise could be, reached that would permit increased height through the use of landscaping or '"open" type fencing. ` Doug Bird: Stated that the current code does not contain a'provision for the repair or, replacement of damaged portions ofa fence that is in non-compliance. SERB."MOTION TO APPOINT JO AS THE ".COUNCIL LIAISON" TO MEET WITH RESIDENTS IN A "WORKSHOP" TYPE SETTINGTO COME TO SOME SORT OF AGREEMENT. VOTE: 5-0 9.. ' PLANNING AND PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE. " Memorandum from Community. Development Director Sol Blumenfeld dated April 4, 1995: John Burt, Patricia Spiritus, Joe Naughton, Bijou Theater: Spoke in favor of stun JO/JR 'MOTIONTO 1) DIRECT STAFF TO COMMENCE WITH SPECIAL._ STUDY OF 'THE DOWNTOWN AREA BOUNDED•BY 14TH STREET TO THE NORTH,.HERMOSA AVENUE TO THE EAST, THE STRAND TO '111E WEST AND 13TH COURT TO THE SOUTH 2) DIRECT STAFF TO OBTAIN PROPERTY" APPRAISALS FOR CITY OWNED PROPERTY IN CONNECTION WITH !THE POTENTIAL;SALE AND/OR EXCHANGE OF. LAND IN ORDER TO BETTER RECONFIGURE PARKING ON LOTS -"B"'& "C" AND LOCATE. ADDITIONAL RETAIL .USES. ALONG AVENUE, AND 3) ESTABLISH A PRELIMINARY PROJECT REVIEW PROCESS TO MORE EXPEDITIOUSLY REVIEW PROJECTS PRIOR TO PROCEEDING WITH ENTITLEMENTS FOR DOWNTOWN'PROJECTS. VOTE: 5-0 10: MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER ,NONE 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - i NONE 12. OTHER. MATTERS - CITY COUNCIL NONE, CITIZEN COMMENTS Pete. Tucker:' Questioned what needed to be done to notify IBI of an interest in using stamped concrete rather than the in the streetscape. John Burt: Agrees with sate of property to Alano Club but feels it should be zoned as open space: ADJOURNMENT at 11:33pm to a Closed Session to be held on Thursday, April 13, 1995, 6.30pm. ACTION SHEET REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 11, 1995 - Council Chambers, City Hall Regular Session - 7:00 p.m: • CALL TO ORDER: 7:10pm PLEDGE OF ALLEGIANCE: Led by Garrison Frost, Jr.Beach Reporter ROLL CALL: ALL PRESENT PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS_ Tom Morley: Spoke regarding South Park and the addition of a roller hockey rink in the "11th hour" without public _comment and questioned why the contractors are pouring for a rink which was supposed to be part of Phase II. SB clarified that the rink was part of the biddingfor Phase L Shirley Cassell Asked council to pull items lb and 1d Suggested that parking permits begood year round. Sheila Miller: Suggested an economicfeasibility'study prior to "consideration, of a hotel project. John Burt: Asked toull item l P_ f . . (b) 'WRITTEN COMMUNICATIONS 1 Letter and petition from Linda P. Gross dated March 29, 1995 regarding a proposal to change on -street parking regulations in the preferential parking area to the north and south of Pier Avenue in the Downtown Area. Supplemental memorandum from City Manager Stephen Burrell dated April 4, 1995. JR/SE. MOTION TO DIRECT STAFF TO CONSIDER THE SUGGESTION SO THAT IT CAN BE EVALUATED AND INCLUDED IN THE PROPOSAL TO SIMPLIFY AND CONSOLIDATE THE VARIOUS PARKING REGULATIONS CITYWIDE 1. CONSENT CALENDAR: (a) Recommendation to approve minutes of the regular'meeting of the City Council held on March 28, 1995. Recommendation toratify check register: (b) PULLED BY RB AT THE. REQUEST OF SHIRLEY CASSELL Shirley. Cassell: Questioned cheek # 2899 in the amount. of $293.00 for gas. Asked why a city vehicle was not used. SB clarified that this .was not just for gas, also per diam and other related expenses in,connection with a conference... I SE/JRMOTION FOR STAFF RECOMMENDATION:: VOTE: 5-0 ,) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation .to.adopt resolution authorizing the City Manager to execute sale agreement for 702 11th Place including promissory note, certificate of acceptance and to market,promissory note; anddirect all proceeds from the sale of the property to be placed in the Downtown Business Area Enhancement District Commission fund to be used to fund approved improvements. Memorandum from City Manager Stephen Burrell dated April 4, 1995. PULLED BY RB AT THEREQUEST.OF SHIRLEY CASSELL._ Shirley Cassell:' Questioned why funds were not being put into the General Fund. LJR./JO MOTION FOR STAFF RECOMMENDATION. VOTE 5-0 Recommendation to receive and file informational memorandum from City Attorney dated March 30, 1995 reeardine'Sunset Clauses (f) Recommendation to adopt a "Clean Ocean City" program to publicly recognize businesses, residents and students that enact "Clean Ocean. City"- practices to protect or enhance' Me environment includine.'our beaches and the Santa Monica Bay. Memorandum from Public Works Director Amy Amirani dated March 23, 1995. PULLED BY SE AT THE REQUEST OF JOHN BURT, John Burt: Feels that maintenanceworkers are not doing a good job cleaning up the beach feels city and citizens should clean up the beach. I JB/JOMOTION FOR STAFF RECOMMENDATION.: VOTE: 5-0 (g) _ (h) (i) Recommendation to deny the followine claims and refer to the City's Liability Claims Administrators Claimants Mia Macris Date of Loss: 01/04/95 Date Filed:. 03/28/95 Claimant:'. ' Brian J. McMahon Date of Loss: 09/22/94 Date Filed: 03/21/95 Claimant: Carol Carpinecz Date of Loss: 01/15/95 Date Filed: 03/01/95. .`Claimant: Robert Doherty Date of Loss: 02/15/95 Date Filed: 02/22/95 Claimant: Robert Wachter Date of Loss: : 03/12/95 Date Filed: 03/20/95 Memorandum from Personnel Director Robert Blackwood dated April.3 1995.. Request for approval to communicate City Council position to support AB1191 - Allocation of Prop 172 Sales Tax Revenue; oppose SB323 -Public Records Act, and _support: 51319'- Unfunded Mandates: Cities with Populations less that 25,000. - Memorandum from City Manager Stephen Burrell dated April 5, 1995., Recommendation to award a three year audit contract in the amount of $59,230 to Caporicci & Larson.: Memorandum from Finance Director Viki Copeland, dated April 6, 1995.: JR/SE MOTION FOR STAFF RECOMMENDATION ON BALANCE OF CONSENT CALENDAR. VOTE: 5-0 CONSENT ORDINANCES a. ORDINANCE NO. 95-1128 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." (This Ordinance refers to the Alano Club at 702 Eleventh Place.) For adoption. Memorandum from City Clerk Elaine Doerfling dated April 3, 1995. JB/RB MOTION TO ADOPT: ; _. VOTE: 4-1 (JR -NO) ITEMS REMOVED FROM TI -IE CONSENT CALENDAR FOR SEPARATE , DISCUSSION: * Public comments on items removed from the Consent Calendar: 'PUBLIC HEARINGS TO COMMENCE AT 7:30 P.M. 4 REQUEST FOR EXECUTION OF COMMUNITY DEVELOPMENT BLOCK • GRANT (CDBG) REIMBURSABLE CONTRACT. Memorandum from Community Development Director Sol Blumenfeld dated April 4, .1995. Public Hearing Opened At:7:39pm: Public Hearing Closed. At 7:39pm` JR/JB MOTION TO APPROVE THE EXECUTION OF. CONTRACT BY MAYOR VOTE:. 4-1 (RB -NO) SPECIAL STUDY"TO CONSIDER A TEXT AMENDMENT TO SECTION 293-8 .OF THE SUBDIVISION ORDINANCE REGARDING THE CRITERIA.FOR :. THE APPROVAL OF SUBDIVISIONS AND A DEFINITION OF "NEIGHBORHOOD AREA". Memoranduni and Ordinance for introduction from Community Development Director Sol Blumenfeld dated April 4, 1995. • Public Hearing. Opened 741pm Betty Ryan: Spoke in favor of 300' radius but disagreedwith,the-limitations of: "neighborhood urea". Feels there should 'be no changed regarding "lotfrontage ". Jack Miller:' Opposes'Ms. Ryan's three lot subdivis ion:' Feels it is not consistent with' the properties in the area. Vicki Garcia: Feels ordinance does not need any revision other than changing Section 1(c) to read "inconsistent with" rather than "detrimental to": Public Hearing Closed: SE/J0 ` MOTION TO INTRODUCE ORDINANCE WHICH ESTABLISHES THAT THE AREA FOR DETERMINING PREVAILING LOT SIZE BE WITHIN A 300' RADIUS, IN THE SAME ZONE AND GENERAL PLAN DESIGNATION, AND WITHIN THE SAME "NEIGHBORHOOD AREA"; AND, WHICH DEFINES "NEIGHBORHOOD AREA."; AMENDED SECTION 1(c) TO READ "The proposed subdivision will in no way be detrimental -to inconsistent with the.::."; AND AMEND SECTION.1(d):TO READ "The size of the proposed lots is not smaller than the prevailing lot size and lot frontage...". • VOTE 5-0 RB/SE MOTION TO -WAIVE FURTHER READING.: VOTE 5-0 MUNICIPAL MATTERS 6. REQUEST 'FROM_VISION.HERMOSA TO CONDUCT A FREE BEACH CONCERT AND FUND-RAISER IN CONJUNCTION WITH THE 4 -WOMAN PRO VOLLEYBALLTOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated April 5, 1995. Valerie Tsuruda; .`Vision Hermosa: Explained Vision Hermosa goals -and how the micro -brewery event can"raise funds for these efforts. Asked council to' consider allowing Vision Hermosa to close lower pier avenue and allow Pier Ave. merchants to move their goods onto the sidewalks. John Burt: Opposed to concerts on beach. /Sheila Miller: Questioned where the patrons would park and how big the beers are going, to be. Garrison Frost Opposed to the street closure and the placement of the tent in Lot B. Suggested checking intoplacing the tent on. the vacant land south of Biltmore Park. Patricia Spiritus: Explained that placement of the tent in Lot B was to get movement through Pier Avenue. Clarified that the street closure would not involve booths on Pier Avenue; but was strictly for Pier Avenue businesses. Shirley Cassell: Suggested putting tent in the open space area in Loreto Plaza Feels serving beer is in conflict with other bars on Pier Avenue.. Dallas Yost: Supports ;concerts; feels that the loss of parking in Lot B would be insignificant since most of the people parking there would be beachgoers and there wouldbe little turnover. JO/JB MOTION TO 1) APPROVE THE: CONCEPT OF'AN EVENING;"CONCERT TO. BE. HELD SOUTH OFTHEHERMOSA BEACH PIER FROM 6PM - IOPM ON MAY -13; 1995; 2) APPROVE THE CONCEPT OF A FUND-RAISER (MICRO -BREWERY BEER TASTING) TO BE HELD INA TENT ON PARKING LOT B WITH DATE AND HOURS TO BE DETERMINED; 3) DIRECT STAFF TO COORDINATE EVENT LOGISTICS (SPECIFICALLY VENUE LOCATIONS AND'PARKING ISSUES) AND SECURITY; ISSUES BETWEEN C.E. SPORTS AND VISION HERMOSA; AND 4) DIRECT STAFF TO RETURN TO COUNCIL WITH POLICE REVIEW AND EVENT CONTRACT.: 4-1 (JR -NO); IMPLEMENTATION OF A PROPOSED TRAFFIC SIGNAL AT THE INTERSECTION OF AVIATION BOULEVARD AND OCEAN AVENUE. Memorandum from Public Works Director Amy Amirani dated April 3,:1995 and Supplemental Memorandum from City Manager Stephen Burrell dated April 6, 1995; Roger Bacon: Spoke in favor of city contributing to the placement of signal. Presented a petition in support of signal.' Suggestedfund, raising efforts to support maintenance of signa.l. Eddie Talbot, E.T. Surf John B., Ralph's; -Sam S:, Clothestime; Pete ? Starbucks; Scott Bullock,' Pastor,Beach Cities Christian Fellowship;Spoke in favor of the City contributing to the placement of signal. Greg Hankis, Ocean Diner: Asked that council consider other options such as lowering speed limit or placing the signal at Owasso before' any expenditure is made. John Burt:. Opposes signal. David Olin:: Feels the real problem is one of speeding and what should be studied is the. reduction of the speed limit in that area. JR/SE MOTION TO BUDGET $30,000 ($20,000 FOR THE SIGNAL INSTALLATION AND $10,000 FOR FIRST YEAR OF' MAINTENANCE) FROM FY 95-96 GAS TAX FUNDS. VOTE: 5-0 WALK STREET WALL, LANDSCAPE & FENCE HEIGHT DESIGN STANDARDS AND PERMIT REQUIREMENTS. Memorandum from Communi Development Director Sol Blumenfeld dated March 28, 1995: JR/JO MOTION TO LIMIT DISCUSSION' OF THIS ISSUE TO 30TH AND 31ST STREETS. VOTE:: 5-0 Ida Bird: Stated that she had interviewed over 30 residents of 30th and 31st Streets and found thatthey were equally divided_ on the height issue. Stated her reasons for supporting a higher fence height were privacy, security & safety,. and that there has been unequal enforcement. Asked that council consider these issues when making a decision in this matter. Tom ?: In favor, of amendment to permit higher fences'heights or at. least to "grandfather in existing higher fences. \ Ms: Martin: In support offence height limit in an attempt to improveneighbor relations. Stated that higher. fences encourage crime rather than discourage it, and that lower fences increase property values: John Boskey Encouraged council to remove'the height limit citing reasons of privacy, personal and property security' Bill Wickwire' Stated that while.he feels; 3' may not be high enough forprivacy issues, he also is; 'opposed to the "barricade look" of high fences. Felt that_the some compromise could be reached that would permit increased:height through the use of landscaping or "open" type fencing.. Doug Bird: Stated that the current code does not contain a provision for the repair or replacement of damagedportionsof a fence that is in non-compliance: SE/RB MOTION TO APPOINT JO AS THE "COUNCIL LIAISON" TO MEET WITH RESIDENTS IN A"WORKSHOP" TYPE SETTING TO COME TO SOME SORT OF AGREEMENT. VOTE: 5-0 PLANNING AND PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995: John Burt, Patricia Spiritus, Joe Naughton; Bijou Theater: Spoke in favor of study. JO/JR MOTION TO 1) DIRECT STAFF TO COMMENCE WITH SPECIAL STUDY, OF THE DOWNTOWN AREA BOUNDED BY 14TH STREET TO THE NORTH, HERMOSA AVENUE TO 'THE EAST, THE STRAND TO THE WEST .. AND 13TH COURT TO THE. SOUTH, 2) DIRECT STAFF TO OBTAIN PROPERTY APPRAISALS FOR CITY OWNED PROPERTY',IN CONNECTION WITH THE POTENTIAL SALE AND/OR EXCHANGE OF LAND IN ORDER TO BETTER RECONFIGURE PARKING ON LOTS "B" & "C" AND LOCATE ADDITIONAL RETAIL USES ALONG BEER'S/OSA AVENUE, AND 3) ESTABLISH A PRELIMINARY PROJECT REVIEW PROCESS TO MORE EXPEDITIOUSLY REVIEW PROJECTS PRIOR TO PROCEEDING WITH ENTITLEMENTS FOR DOWNTOWN PROJECTS. VOTE: 5=0 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE • 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE - 1 . ONE12: OTHER MATTERS - CITY COUNCIL ' NONE CITIZEN COMMENTS Pete Tucker: ' Questioned what needed to be done to notify IBlof an interest in using stamped concrete rather than tile in the streetscape. John Burt: Agrees with sale of property to Alano Club but feels• it should be zoned as open space. ADJOURNMENT at"11:33pm to a Closed Session to be held on Thursday, April 13, 1995,\ 6:30pm. From: Concerned Homeowners and Residents -Downtown Hermosa Beach RECEIVED .77. 3 1995 CITY MGR. OFFICE As homeowners and residents of the downtown area in Hermosa Beach, we applaud the efforts of the Planning Commision and the City Council to improve the business district of Hermosa Beach. We are however, concerned about the current parking situation in the surrounding neighborhood of the downtown area. Specifically the areas bordered by h Street to the south, th Street to the north, Hermosa Avenue to the west, and Monterey Ave. to the east. The current street signage allows daily parking on the residential portion of the downtown area, as described above, as follows: 1 hour parking only May 15 - Sept. 15 8:00 am - 5 pm unless with resident permit. No parking 2am 6 am anytime without resident permit. The current signage allows anyone who comes into Hermosa Beach who does not have a resident permit, the privilege of not having to pay for parking in the area surrounding the downtown area anytime from Sept. 16th - May 14th for any length of time, anytime of day except 2 am - 6 am. and from May15th Sept.=15 anytime after 5 pm until 2 a.m. unless 1 hour only as stated above. Since the City would like to bring in new businesses downtown, it should be aware of the following: parking for residents in the residential sections is extremely difficult, particularly in those areas 1 block immediately north and south of Pier Avenue. Sometimes it is necessary to park 3 - 4 blocks away, after driving around for 10 minutes looking for a parking space. Many of vehicles occupying the spaces on the residential streets belong not to residents, but to patrons owners, and employees of the local businesses and restaurants, particularly in the evening hours. We feel it is unfair to the local residents and homeowners who pay taxes on the property, and who support the local businesses as well, to have to live with this major and unfair - inconvenience. Also, it is a loss in revenue for the City because those people do not park in the City lots. We propose the following equitable alternative: Parking in the residential area described above surrounding the downtown area would be signed as follows: 1 hour parking anytime except 2 a.m. - 6 a.m unless a residential permit is displayed. This proposal would allow local businesses to have patrons park for a limited time. It would not allow people though, to park for more than 1 hour to go to a movie, restaurant, bar or the beach in these areas and force them to pay for parking for longer periods of time by using the City meters and parking lots. Again, this creates more revenue for the City. Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 11, 1995 PETITION AND LEI 1'ER CONCERNING PROPOSAL TO CHANGE. ON -STREET PARKING REGULATIONS IN THE PREFERENTIAL PARKING AREA NORTH AND SOUTH OF PIER AVENUE IN THE DOWNTOWN AREA. Background: At its meeting of March. 28, 1995, the City Council directed staff to develop a proposal to simplify and consolidate the various parking regulations citywide. The proposal to change the parking regulations in this area must go before the Coastal Commission. Recommendation: Direct staff to consider the suggestion that is contained in the petition and letter so that it can be evaluated and included in the overall proposal. Respectfully submitted, Stephen R. Burrell City Manager SUPPLEMENTAL hi INf.QRMQTION VOUCHRE2 CITY OF HERMOSA BEACH O4/04/l95 14:11 VOUCHER/CHECK REGISTER: FOR ALL'PERIODS 7--> VOID CHECKS CHECK NUMBERS COMMENTS 002906 VOID 002974 VOID 002975 VOID. 003047 VOID. ///9s PAGE 1 VOUCHRE2 04/04/95 14:11 VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 2897 03/02/95 000243 HERMOSA BEACH PAYROLL A PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 PAYROLL/2-16 2898 03/02/95 006041 C.J. CONSTRUCTION- 2899 03/06/95 005344 AMY AMIRANI 2900 03/06/95 003918 RED LION HOTEL 2901 03/06/95 001009 TOM THOMPSON TO TO TO TO TO TO TO TO TO TO TO TO 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 2-28-95 FINAL PMT/EVIDENCE LOCKERS PER DIEM/MILEAGE ADVANCE HOTEL ADV/HEARD & THOMPSON MEALS/THOMPSON & HEARD 2902 03/06/95 003353 SOUTH BAY CREDIT UNION REG/OAKES/BOWLER/BENZ/REVICZKY FIRE CHIEF BACKGROUND CHECK 2903 03/06/95 004091 POSTAGE ON CALL POSTAGE METER RESET 2904 03/07/95 005107 OWNERSHIP LISTING SERVI 300' NOTICING/2-9-95 2905 03/09/95 006309 SO WEST AREA PLANNING C SEMINAR REG/M. SCHUBACH 2971 03/15/95 006310 -1995 CAPIO AWARDS 2972 03/16/95 006311 ,OLYMPIC TOURS 2973 03/16/95 006312 MARC MORIN AWARDS APPLICATION FEE BUS/COMMUNITY RESOURCES TRIP COMMUNITY RESOURCES TRIP GUIDE 2976 03/20/95 000243 HERMOSA BEACH PAYROLL A PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO 3-15-95 PAYROLL/3-1 TO'3-15-95 PAYROLL/3-1 TO 3-15-95 2977 03/20/95 000026 PUB EMPLOYEES RETIREMEN RETIREMENT/3-1 TO 3-15-95 RETIREMENT/3-1 TO 3-15-95 RETIREMENT/3-1 TO 3-15-95 ACCOUNT NUMBER 001-1103 001-1103 105-1103 109-1103 110-1103 145-1103 146-1103 152-1103 155-1103 160-1103 170-1103 705-1103 170-8619-4201 001-4202-4317 . 001-2101-4316 001-2101-4316 001-1101-4317 001-1203-4201 001-1208-4305 001-4101-4201 001-4101-4316 160-8302-4201 145-3409-4201 001-4601-4201 001-1103 105-1103 109-1103 110-1103 145-1103 146-1103 152-1103 155-1103 160-1103 170-1103 705-1103 001-2033 105.2033 109-2033 ITEM AMOUNT 322,120.32 5,392.10- 6,820.84 1,724.26 30,712.23 166.15 993.23 1.21 3,195.07 12,045.00 4,819.75 3,231.02 2,470.00 293.00 343.20 140.00 1,034.72 169.02 2,008.00 465.50 20.00 85.00 295.00 50.00 223,599.62 4,918.62 1,258.72 22,876.26 142.22 997.61 94.14 4,928.07 9,305.79 6,653.51 3,378.87 37,851.83 629.85 149.49 PAGE 2 CHECK AMOUNT 380,436.98. 2,470.00 293.00 343.20 140.00 1,203.74 2,008.00 465.50 20.00 85.00 295.00 50.00 278,153.43 a VOUCHRE2 04/04/95 14:11 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME "CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 RETIREMENT/3-1 TO 3-15-95 POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS POST PAYROLL OFFSETS. POST PAYROLL OFFSETS POST PAYROLL OFFSETS ACCOUNT NUMBER TO 3-15-95 TO 3-15-95 TO 3-15-95 TO 3-15--95 TO 3-15-95 TO 3-15-95 TO 3-15-95 TO 3-15-95 3046 03/23/95 003253 LAWRENCE WELK RESORT TH TICKETS/COMM RESOURCES TRIP 3048 03/27/95. 003353 SOUTH BAY CREDIT UNION 3049 03/30/95 000719 KATHRYN AGENT 3050 03/30/95 006300 THE HAMPTON INN FEBRUARY EXPENSE/S. BURRELL FEBRUARY EXPENSE/R. BLACKWOOD MEALS/STC TRAINING HOTEL-STC-TRAINING/K. AGENT TOTAL CHECKS 110-2033 145-2033 146-2033 152-2033 155-2033 155-2102-4180 160-2033 170-2033 705-2033 001-1103 105-1103 109-1103 110-1103 145-1103 T46-1103 152-1103 155-1103 155-1010 160-1103 170-1103 705-1103 001-1010 105-1010 109-1010 110-1010 145-1010 146-1010 152-1010 . 155-1010 155-1010 160-1010 170-1010 705-1010 PAGE 3 ITEM AMOUNT 2,724.76 .11 .55 .07 99.19 20.29- 1,097.37 823.72 271.11 37,851.83 629.85 149.49 2,724.76 .11 .55 .07 99.19 20.29- 1,097.37 0.29-1,097.37 823.72 271.11 37,851.83- 629.85- 149.49- 2,724.76- .11- .55- .07- 99.19- 20.29 7,851.83- 629.85- 149.49-2,724.76.11- .55- .07- 99.1920.29 1,097.37- 823.72- 271.11- TO ,097.37823.72271.11 CHECK AMOUNT 001-4601-4201 001.1201-4317 001-1203-4201 001-2101-4313 001-2101-4313 43,627.76 133.20 133.20 VOUCHRE2 CITY OF HERMOSA BEACH 04/04/95 14:11 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 105 LIGHTG/LANDSCAPG DIST FUND 109 DOWNTOWN ENHANCEMENT FUND 110 PARKING FUND 145 PROPOSITION 'A FUND 146 PROPOSITION 'C FUND 152 AIR QUALITY MGMT DIST FUND 155 CROSSING GUARD DIST FUND 160 SEWER FUND 170 ASSET SEIZURE/FORFT.FUND 705 INSURANCE FUND 584,030.01 12,369.31 3,132.47 56,313.25 603.48 1,991.39 95.42 8,202.04 22,533.16 14,766.98 6,881.00 TOTAL 710,918.51 PAGE 4 VOUCHRE2 CITY OF HERMOSA BEACH 04/04/95 14:11 VOUCHER/CHECK REGISTER FOR ALL PERIODS 'CLAIMS VOUCHER -APPROVALS I HEREBY CERTIFY THAT THE EMANDS OR CLAIMS COVERED BY THE CHECKS' LISTED ON PGE / TO INCLUSIVE, OF THE VOUCHER REGISTER 'FOR' �1 /?.1q6..-- ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE .D.,IREECTOR / DATE /q PAGE 5 VOUCHRE2 CITY OF. HERMOSA BEACH 04/03/95 08:39 VOUCHER/CHECK REGISTER FOR ALL PERIODS ---> VOID CHECKS CHECK NUMBERS COMMENTS 003051 TO 003054 VOID/PRINTER SET-UP PAGE 1 VOUCHRE2 04/03/95 08:39 VOUCHER/ CHECK CHECK - VENDOR VENDOR NUMBER DATE NUMBER . NAME 3055 04/03/95 006299 ACTIVE HOLIDAYS '3056 04/03/95 003209 AIR TOUCH CELLULAR CITY`OF HERMOSA BEACH 'VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION BUS/COMM RESOURCES TRIP MOBILE PHONE CHGS/FIRE-MAR 95 MOBILE PHONE CHGS/P.W.-MAR. 95 3057 04/03/95 005221 ALL POINTS MAINTENANCE FISHING PIER MAINT/MAR 95 3058 04/03/95 000857 AMERICAN STYLE FOODS PRISONER MEALS MARCH 95 3059 04/03/95 001749 BLUE SKY GLASS TINTING TINT GLASS/PD LOBBY & RECORDS 3060 04/03/95 005130 BORAL RESOURCES, INC. 3061 04/03/95 006297 JACQUELINE BRADY SPRING CLASS REFUND 3062 04/03/95 005764 LYDIA BREE ASPHALT PURCHASES/MARCH 95 3063 04/03/95 005621 STEPHEN R. BURRELL SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR REIMB TRAVEL:/CM CONFERENCE 3064. 04/03/95 000034 BUSINESS SYSTEMS CORPOR TRAFFIC CITATIONS/POLICE 3065 04/03/95 001062 CALIF. PARK & RECREATION ANNUAL DUES/L. NEWSOM 3066 04/03/95 003972 CARE STATION 3067 04/03/95 003159 MONA JEAN CEDAR 3068 04/03/95 005180 VICKI CHANEY 3069 04/03/95 006307 MARGARET CHASE HEPATITIS B SHOTS/JAN-FEB MED SERV / JAN -FEB 95 SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR ACCOUNT NUMBER 145-3409-4201 001-2201-4304 001-4202-4304 001-3103-4201 001-2101-4306 170-8619-4201 001-3103-4309 001-3893 001-4601-4221 001-4601-4221 001-1201-4317 001-2101-4305 001-4601-4315 001-1203-4320 705-1209-4201 001-4601-4221 001.4601-4221 00174601-4221 001-4601-4221 ITEM AMOUNT 220.00 32.16 66.69 680.00. 146.37 690.00 30.61 94.00 112.00 168.00 31.94 1,912.82 130.00 446.00 58.00 98.00 1,039.50 147.00 105.00 PAGE 2 CHECK AMOUNT 220.00 98.85 680.00 146.37 690.00 '0.61 94.00 280.00 31.94 1,912.82 130.00 252.00 3070 04/03/95 000354 COAST IRRIGATION CO. IRRIGATION SUPPLIES/PARKS IRRIGATION SUPPLIES/PARKS. IRRIGATION SUPPLIES/PARKS 3071 04/03/95 004715 COLEN AND LEE 3072 04/03/95 000349 CSULB FOUNDATION 3073 04/03/95 000850 L. N. CURTIS 3074 04/03/95 005629 D.I.A.I.R. LIABILITY ADMIN/APRIL 95 SEMINAR' REGISTRATION/T. YATES UNIFORM EXP. A. MARKS TUITION/HEARD& VINCENT 3075 04/03/95 002390 DANIEL FREEMAN LAX MED. EMPLOYEE MED EXAMS/FEB 95 3076 04/03/95 006308 RICHARD DAVISON SPRING CLASS REFUND 3077 04/03/95, 000303 DEL AMO MOTORS MOTORCYCLE SERV/MARCH 95 001-6101-4309 001-2021 001-2022 705-1209-4201 001-4202-4305 001-2101-4187. 001-2101.4312 001-1203-4320 001-3893 001-2101-4311 928.28 18.94 18.94- 1,470.00 150.00 170.17 100.00 224.00 45:00 173.71 928.28 1,470.00 150.00 170.17 100.00 224.00 45.00 173.71 VOUCHRE2 04/03/95 08:39 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 3078 04/03/95 005094 DENN ENGINEERS 'CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION STORM DRAIN DESIGN/BEACH DRIVE ST REHAB SERV/FEB 95 ENG SER/PCH & AVIATION PARCELS 3079 04/03/95 004383 JIM DENNERLINE SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR 3080 04/03/95 000154 DEPARTMENT OF ANIMAL CA SHELTER COSTS/FEB 95 3081 04/03/95 000269 DIGITAL EQUIPMENT CORPO COMP MAINT / MARCH 95 COMP MAINT / MARCH 95 3082 04/03/95 004394 DIVERSIFIED PHOTO SUPPL FILM PURCHASES/MARCH 95 3083 04/03/95 002840 EASTMAN KODAK. COMPANY COPIER MAINT FEB. COPIER USE JAN. COPIER TONER/IBM SERIES III 3084 04/03/95 001294'EXECUTIVE-SUITE SERVICE JANITOR SERVICE/FEB 95 3085 04/03/95 001432 GANDALF DATA, INC. 3086 04/03/95 004331 JANICE GUERRERO MODEM MAINT/APRIL-JUNE 95 SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR SPRING, CLASS INSTRUCTOR'' SPRING CLASS INSTRUCTOR 3087 04/03/95 004108 HAZELRIGG RISK MGMT SER WORK COMP ADMIN/APR-JUN 95 3088 04/03/95 001825 HERMANN MARKETING 3089 04/03/95 002066 HERMOSA BCH CITY SCHOOL JR FIRE MARSHALL HELMETS FIELD USE & MAINT/APRIL 95 3090 04/03/95 000615 HERMOSA BCH FIREFIGHTER SPRING 1995 C.P.R. CLASS 3091 04/03/95 004075 CITY OF HERMOSA BEACH • INIT PMT/WC COMP & REL -LINES WORKERS' COMP CLAIMS/MARCH 95 3092 04/03/95 000149 HEWLETT-PACKARD COMPANY SOFTWARE MAINT MARCH 95 3093 04/03/95 003432 HOME DEPOT 3094 04/03/95 004964 ANNE HULEGARD 3095 04/03/95 006305 JESSE IBATUAN 3096 04/03/95 005254 INFINITE COMPUTER GROUP BUILDING SUPPLIES/FEB 95 BUILDING SUPPLIES/FEB 95 BUILDING SUPPLIES/FEB 95 FALL CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR PD COMPUTER SYS MAINT/MAR 95 PD COMPUTER SYS MAINT/MAR 95 MAC PC MAINTENANCE MARCH 95 ACCOUNT NUMBER 160-8301-4201 115-8141-4201 001-4201-4201 001-4601-4221 001-4601-4221 001-2401-4251 001-2101-4201 001-2201-4201 001-4202-4305 001-1208-4201 001-1208-4201 001-1208-4305 001-4204-4201 001-1206-4201 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 705-1217-4201 001-2201-4316 001-6101-4251 001-4601-4221 705-1217-4182 705-1217-4182 001-1206-4201 105-2601-4309 001-4204-4309 001-2201-5602 001-4601-4221 001-4601-4221 001-2101=4201 001-2201-4201 001-2101-4201 • • ITEM AMOUNT 500.00 7,900.00 100.00 409.50 315.00 238.40 171.47 114.31 149.66 345.00 191.10 291.30 1,325.00 354.00 122.50 73.50 465.50 367.50 8,000.00 161.25 500.00 90.00 74,000.00 35,002.33 718.75 46.14 224.12 163.37 1,110.90 252.00 457.80 305.20 137.00 PAGE 3 CHECK AMOUNT 8,500.00 724.50 238.40 285.78 149.66 827.40 1,325.00 354.00 1,029.00 8,000.00 161.25 500.00 90.00. 109,002.33 718.75 433.63 1,110.90 252.00 900.00 VOUCHRE2 04/03/95 08:39 VOUCHER/ CHECK CHECK 'VENDOR' NUMBER DATE NUMBER VENDOR NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM -DESCRIPTION 3097 04/03/95 002458 INGLEWOOD WHOLESALE ELE MISC ELECTRICAL SUPPLIES MARCH DISCOUNT OFFERED DISCOUNT TAKEN 3098 04/03/95' 001740 INTERTEC COMPUTER.SERVI COMP PRINTER MAINT/JAN-FEB 95 3099 04/03/95 000319 JOHNSON'S BRAKE SUPPLY REPLACE BRAKE CALIPERS/PKG 3100 04/03/95 005873 LARRY KESSLER SPRING. CLASS INSTRUCTOR 3101 04/03/95 004303 LANDSCAPE WEST,, INC. PARKS MAINT/FEB 95 3102 04/03/95 000017 LDDS COMMUNICATIONS 3103 04/03/95 002648 LOS ANGELES COUNTY. 3104 04/03/95 003810 MAC WAREHOUSE 3105 04/03/95 00630 STEVEN MAEDA LONG DIST/MARCH 95/374-4625 HAZ. WASTE PERMIT FY 94 / 95 MAC INTOSH PC SUPPLIES ANIMAL TRAP REFUND ANIMAL TRAP USE FEE 3106 04/03/95 000183 CITY OF MANHATTAN BEACH HALF YEAR MEDIAN MAINT/FY 95 3107 04/03/95 001146 MANHATTAN CAR WASH CITY CAR WASHES/FEB 95 3108 04/03/95 003080 MERRIMAC PETROLEUM, INC UNLEADED GAS / CITY YARD 3109 04/03/95 005563 NATIONAL CONSTRUCTION R FENCE RENTAL/6TH & CYPRESS SUBSCRIPTION RENEWAL/M. ROONEY REFUND SPRING CLASS 3110 04/03/95 000880 NATIONAL REC & PARK ASS 3111 04/03/95 006301 REBECCA NUNEZ-MASON 3112 04/03/95. 004142 OFFICE DEPOT DESK CHAIR/CM SECRETARY OFFICE SUPP/STOCK/FEB 95 OFFICE SUPPLIES FEB 95 OFFICE SUPPLIES FEB 95 OFFICE SUPPLIES FEB 95 OFFICE SUPPLIES FEB 95 OFFICE SUPPLIES FEB 95 3113 04/03/95 006139 OFFICE OF THE BURSAR TUIT/M. ROONEY/DEC 94 -MAY 95 3114 04/03/95 000321 PACIFIC BELL TELEPHONE COMPUTER HOOKUPS/MAR 95 3115 04/03/95 000950 JOSEPH R. PELKA 3116 04/03/95 005746 KATE PITNER 3117 04/03/95 000398 POSTMASTER ADVANCE PENSION PMT/MAR 95 SPRING CLASS INSTRUCTOR SUMMER FLYER POSTAGE ACCOUNT NUMBER 105-2601-4309 001-2021 001-2022 001-1206-4201 110-3302-4311 001-4601.-4221 001.6101-4201: 001-2101-4304 001-4205-4251 001-2101-4305 001-2110 001-3895 001-2101-4251 001-2101-4311 001-1401 001-4201-4201 001-4601-4315 001-3893 001-.1101-5401 001-1208-4305 001-4201-4305 001-4601-4305 001-4204=4309 110-1204-4305 001-1202-4305. 001-4601-4316 001-2101-4304 001-2101-4180 001-4601.4221 001-4601-4305 ITEM AMOUNT 174.41 3.55 3.55- 450.00 67.00 308.00 6,780..00 21.25 -173.00 173.94 50.00 8.70- 638.98 147.10 4,469.48 83.30 35.00 57.00 324.74 1,803.36 53.85 49.76 80.22 158.33 16.23 1,718.64 186.97 2,046.00 147.00 1,125.00. PAGE 4 CHECK AMOUNT 174.41 450.00 67.00 308.00 6,780.00 21.25 173.00 173.94 41.30 638.98 147.10 4,469.48,. 83.30 35.00 57.00 2,486.49 1,718.64 186.97 2,046.00 147.00 1,125.00 VOUCHRE2 04/03/95 08:39 VOUCHER/ CHECK CHECK NUMBER DATE •VENDOR NUMBER VENDOR NAME 3118 04/03/95 000296 THE PRINT NETWORK 3119 04/03/95 006298 MELISSA PULCINO 3120 04/03/95 006234 CITY OF RANCHO PALOS VE 3121 04/03/95 005979 RICHARD REYNOLDS 3122 04/03/95 002013 RIO HONDO COLLEGE 3123 04/03/95 004061 SYLVIA ROOT 3124 04/03/95 004623 LAURA ROZZI 3125 04/03/95 003505 SHORELINE PRINTING 3126 04/03/95 006304 ROBERT SIMPSON 3127 04/03/95 001399 SINCLAIR PAINT CO. CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION DAY/SPORTS CAMP FLYERS SPRING CLASS REFUND COMPENSATION STUDY / FINAL PMT CITE REFUND/ADMIN REVIEW COMM SERV OFFICERS TRAINING MINUTES SEC. MARCH 1, 1995 MINUTES SEC. MARCH 21 1995 SPRING CLASS INSTRUCTOR BUSINESS CARDS/L. NEWSOM BUSINESS CARDS/STRASER& KEARIN MONEY ENVELOPES FOR JAIL BUSINESS CARDS/R. BENZ ANIMAL TRAP REFUND. ANIMAL TRAP USE FEE PAINT/CITY BLDGS/MAR 95 DISCOUNT OFFERED • DISCOUNT TAKEN 3128 04/03/95 002810' SOUTH BAY CHRYSLER-PLYM OIL SENDING UNIT/PD JEEP 3129 04/03/95 000107 SOUTH BAY HOSPITAL 3130 04/03/95 000018 SOUTH BAY WELDERS BLOOD ALCOHOL TESTS/MAR 95 DISCOUNT OFFERED DISCOUNT TAKEN WELDING SUPP/GAS REFILLS/TANK WELDING SUPP/GAS REFILLS/TANK WELDING SUPP/GAS REFILLS/TANK 3131 04/03/95 004324 SOUTH COAST AIR QUALITY ANNUAL FILING FEE/ID #016479 3132 04/03/95 000159 SOUTHERN CALIFORNIA EDI ELECTRIC BILLINGS/MARCH 95 ELECTRIC BILLINGS/MARCH 95 ELECTRIC BILLINGS/MARCH 95 ELECTRIC BILLINGS/MARCH 95 ELECTRIC BILLINGS/MARCH 95 ELECTRIC BILLINGS/MARCH 95 3133 04/03/95 000364 STATE OF CALIFORNIA FINGERPRINT PROCESSING/P.D. 3134 04/03/95 001029 WALTER F. STEPHENS, INC PRISONER SUPPLIES 3135 04/03/95 004672 VAL STRASER ACCOUNT NUMBER 001-4601-4308 001-3893 001-1203-4201 1.10-3302 001-2101-4316 109-3301-4201 001-4102-4201 001-4601-4221 001-4601-4305 001-2101-4305 001-2101-4305 001-1101-4305 001-2110 001-3895 001-4204-4309 001-2021 001-2022 001-2101-4311 001-2101-4201 001-2021 001-2022 001-3104-4309 001-3103-4309 001-6101-4309 001-1203-4251 001-4204-4303 001-6101-4303 001-3101-4303 160-3102-4303 105-2601-4303 001-3104-4303 001-2101-4251 001-2101-4306 MON EXPENSE/JAN-MAR 95 .001-2101-4316 ITEM AMOUNT 60.62 55.00 500.00 20.00 146.00 156.20 220.56 371.00 27.06 75.78 178.61 27.06 50.00 - 6.70- 159.40 3.26 3.26- 19.70 297.70 160.30 160.30- 14.00 14.00 45.36 202.40 7,299.80 1,176.82 67.38 98.52 189.66 611.56 64.00 178:28 53.45 PAGE 5 CHECK AMOUNT 60.62 55.00 500.00 20.00 146.00 376.76. 371.00 308.51 43.30 159.40 19.70 297.70 73.36 202.40 9,443.74 64.00 178.28 53.45 VOUCHRE2 04/03/95 08:39 VOUCHER/ CHECK CHECK NUMBER DATE 3136.04/03/95 VENDOR - VENDOR NUMBER NAME CITY. OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 005721 TELEDINE ENGINEERING, I SEWER PLAN PREP SERV/JAN 95. STREET REHAB SERV/AUG 94 STREET REHAB SERV/JAN 95 3137 04/03/95 000124 TODD PIPE & SUPPLY 3138 04/03/95 004768 UPTIME COMPUTER SERVICE 3139 04/03/95 004968 MARY VANDERBUR-MANN 3140 04/03/95 002251 OFCR WILLIAM VINCENT 3141 04/03/95. 006092 WALSER'S PLUMBING SUPPLIES/MARCH 95 DISCOUNT OFFERED DISCOUNT'TAKEN COMP SYS MAINT / APRIL 95 SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR MEALS/P.O.S.T. CLASS PHOTO SERV/SOUTH PARK PROJECT 3142 04/03/95 005125 JOHN WORKMAN, PETTY CAS REIMB PETTY CASH/3-21_ TO 3727 REIMB PETTY CASH/3-21 TO 3-27 REIMB PETTY CASH/3-21 TO 3-27 REIMB PETTY CASH/3-21 TO 3-27 3143 04/03/95 000135 XEROX CORPORATION. . COPIER MAINT/FEB 95 TOTAL CHECKS ACCOUNT NUMBER 160-8408-4201 115-8141-4201 115-8141-4201 001-2201-5602 001-2021 001-2022 001-1206-4201 001-4601-4221 001-4601-4221 001-2101-4312 125-8515-4201 001-2201-4311 001-2201-4305 001-4202-4305 001-6101-4309 001-1208.4201 ITEM AMOUNT 11,000.00 6,436.00 2,380.00 ' 23.27 . .47 .47- •' 754.00 269.50 171.50 64.00 176.23 70.64 80.15 29.39 7.31 PAGE 6 CHECK AMOUNT 19,816.00 23.27 754.00 441.00 64.00 176.23 187.49 400.49 400.49 199,637.41 VOUCHRE2 CITY OF HERMOSA BEACH 04/03/95 08:39 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 105 LIGHTG/LANDSCAPG DIST FUND 109 DOWNTOWN ENHANCEMENT FUND 110 PARKING FUND 115 STATE GAS TAX FUND 125 PARK/REC FACILITY TAX FUND 145 PROPOSITION 'A FUND 160 SEWER FUND 170 ASSET SEIZURE/FORFT FUND 705 INSURANCE FUND 50,894.59 410.21 156.20 245.33 16,716.00 176.23 220.00 11,598.52 690.00 118,530.33 TOTAL 199,637.41 PAGE 7 VOUCHRE2 04/03/95 08:39 CITY OF HERMOSA BEACH VOUCHER/CHECK. REGISTER . FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE EMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON PAGES / TO INCLUSIVE, OF THE VOUCHERREGISTER FOR �,�� ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DIRECTOR DATE PAGE 8 April 6, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 11, 1995 TENTATIVE FUTURE AGENDA ITEMS April 25, 1995 Proclamation: "Hire -A -Vet" Week, May 7 - 13, 1995 Proclamation: "Drought Proofing Month" - May 1995 Records Retention Schedule City Clerk Approval of City Manager contract City Manager Adopt resolution regarding Engineer's Report and setting a Public Hearing date for Crossing Guard Maintenance District Public Works Director Adopt resolution regarding Engineer's Report and setting a Public Hearing date for Landscape and Street Lighting District Public Works Director Public Hearing: Appeal of the Planning Commission denial of a CUP amendment and parking plan to allow on -sale beer & wine in conjunction with second story expansion to a restaurant at 3216 Manhattan Ave., Hillbilly's Community Dev. Director Report on fees charged for duplication of public documents City Manager Public Hearing: Special study 93-8, Part W: CUP study regarding use definition and text amendment to Article 8 & 10 with respect to the list of commercial uses permitted in each zone; the uses which require conditional use permits; standard conditions; and definitions of commercial uses. Community Dev. Director Public Hearing: Consideration of amendment to zoning ordinance to add tattoo parlors to the permitted use list for C-3 zone. CommunityDev. Director Request from Chamber of Commerce to use WAVE vehicles to transport persons between the Fiesta and remote parking areas. Community Dev. Director Request for 30 -day extension of temporary employees Personnel Director Recommendation to deny claims Risk Manager Uncalendared Inventory of curbs, gutters & sidewalks Public Works Director 95-573 7 *1//9S Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 11, 1995 ALAN() CLUB PURCHASE / USE OF PROCEEDS Recommendations: 1 . Adopt resolution authorizing the City Manager to execute sale agreement including promissory note, certificate of acceptance and to market promissory note. 2. Direct all proceeds from the sale of the property to be placed in the Downtown Business Area Enhancement District Commission fund to be used to fund approved improvements. Background: The City Council has approved the sale of the building and property located at 702 -.11th Place to the Alano Club. The transaction is set to close m a few days. The attached resolution allows the documents to be executed on behalf of the City. The proceeds from the sale will be placed in the Downtown Business Area Enhancement District Commission fund to be used for the improvements approved by City Council. The property was purchased with parking funds generated by the former Vehicle Parking District. Respectfully submitted, Stephen R. Burrell City Manager 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF :HERMOSA BEAD AUTHORIZING AND DIRECTING THAT THE CITY MANAGER EXECUTE CERTAI DOCUMENTS RELATING TO THE SALE OF PROPERTY LOCATED A 702 - 11TH PLACE, HERMOSA BEACH, CALIFORNIA TO THE ALANO CLUB 0 THE SOUTH BAY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AS FOLLOWS: 1. That Stephen R. Burrell, City Manager, is hereby authorized by the City Council of the City of Hermosa Beach to execute all documents related to the sale of certain City owned property located at 702 - 11th Place, Hermosa Beach, California, to the Alano Club of the South Bay; and, 2. That Stephen R. Burrell, City Manager, is hereby authorized by the City Council of the City of Hermosa Beach to execute a Certificate of Acceptance in connection with the sale of City owned property located at 702 11th Place, Hermosa Beach, California, to the Alano Club of the South Bay. PASSED, APPROVED, and ADOPTED this 11th day of April, 1995. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 1 GLENN R. WATSON ROBERT G. BEVERLY HARRY L GERBHON DOUGLAS W. ARGUE. MARK L LAMKEN ARNOLD SIMON ERWIN E. ADLER DAROLD D. PIEPER ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L STRAUSZ ROBERT M. GOLDFRIED ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROBERT F. DE METER GREGORY W. 8TEPANICICH ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILLIAM B. RUDELL DAVID L COHEN GUINN M. BARROW CAROL W. LYNCH COLEMAN J. WALSH. JR. JEFFREY A. RABIN GREGORY M. KUNERT THOMAS M. JIMBO MICHELLE BEAL BAGNERIS -/ �//s. iECEIV D RICHARDS, WATSON & GERSHON'. ATTORNEYS AT LAW A PROFESSIONAL CORPORATION. AMANDA F. EUSSIOND ROBERT C. CECCON SAYRE WEAVER STEVEN H. KAUFMANN GARY B. GARB JOHN J. HARRIS KEVIN G. ENNIS ROBIN D. HARRIS MICHAEL ESTRADA LAURENCE 8. WIENER STEVEN R. ORR DEBORAH R. HAKMAN SCOTT K SHINTANI MICHAEL G. COLANTUONO. TERRY P. XAUFMANN MACIAS B. TILDEN KIM RUBIN D. WEINER SASKIA T. ASAMURA DAVID M. FLEISHMAN KAYSER 0. SUME CRAIG A. STEELE MICHELLE A. CURTIS T. PETER PIERCE BENJAMIN BARNOUW TERENCE R. BOLA DOUGLAS A. CARLEN. DANIEL L PINES LISA M. BOND WINNIE MIEN APR 31995 CITY MGR. OFFICE RICHARD RICHARDS (1918-1968) March 30 THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1469 (213) 626-8484 FACSIMILE (213) 626-0078 OF COUNSEL , WILLIAM K KRAMER 0564894 OUR FILE NUMBER, 10649-00001 Mayor and Members of the City Council City, of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Re: Sunset Clauses Dear Mayor and Members of�the You have requested an opinion regarding the advisability of including sunset clauses in all ordinances as a means of periodically reevaluating the continuing need to keep. ordinances in force. Sunset clauses are commonly used in ordinances intended to be temporary. These types of ordinances typically address problems which are perceived to be of limited duration, and hence, do not require a permanent solution. Alternatively, sunset clauses are used in connection with experimental programs intended at the outset to be in place for a finite period of time. In these instances, sunset clauses are a useful tool. Most ordinances, however, are intended to remain in place for the indefinite future. Indeed, some ordinances (like the Building Code) must be adopted and in place at all times. Because a sunset clause causes an ordinance to expire automatically, the inclusion of such a clause in all ordinance creates the risk that they will inadvertently expire. The constant need to review the continuing utility of these ordinances as they come up for expiration could at times pose a burden, and render such review less than meaningful. It also creates uncertainty among people who will be taking actions in reliance upon the ordinance and who may be concerned about their legal status should it expire. Finally, treating all ordinances as temporary could possibly hamper their enforcement to the RICHARDS, WATSON & GERSHON extent an expectation exists that the ordinance will soonexpire. on its own accord. Your concern about having ordinances on the books that haveoutlived their usefulness is legitimate. One alternative way to accomplish that would be to establish a schedule or cycle for the periodic review of all chapters of the Municipal Code. In this way, the Code would be reviewed for continuing relevance without the pressure posed by automatic expiration. In that way, sunset clauses could be reserved for truly temporary ordinances. Please let me know if I can address these issues further for you. MJ:clm 0564894 cc: Stephen R. Burrell City Manager Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: It is recommended that the City Council adopt a Clean Ocean City program to publicly recognize, businesses, residents and students that enact Clean Ocean City practices to protect or enhance the environment, including our beaches and the Santa Monica Bay. Background: The California Regional Water Quality Control Board (CRWQCB) mandates that all cities adopt a series of activities to reduce pollution resulting from non-stormwater runoff that enters the storm drain system, while California Integrated Waste Management Board mandates that all municipalities significantly reduce waste by recycling. To comply with both mandates, the City has initiated an on-going campaign to educate and encourage residents, businesses and students to prevent storm drain pollution and to reduce waste products by recycling. As part of this campaign, our City, with the cities of Manhattan Beach and Redondo Beach, and BFI and Western Wastes shall host a "Clean and Green Expo - An Earth Day Event for Businesses" on April 18, 1995 at the Holiday Inn Crown Plaza in Redondo Beach (see attached, invitation). Businesses shall be informed of and encouraged to comply with both of these mandates. Additionally, they shall be informed of the penalties for failure to comply with Federal, State and City requirements to prevent storm drain pollution. However, staff believes that the proposed program to reward compliance with a beneficial business result is a muchmore effective way to gain business's commitment to this effort. If City Council approves the Hermosa Beach Clean Ocean City program, staff proposes to introduce it to our business community at the "Expo". March 23, 1995 Regular Meeting of April 11 ,1995 PUBLIC RECOGNITION OF "CLEAN OCEAN CITY", BUSINESSES, RESIDENTS AND STUDENTS Analysis: Staff believes that this program will gain the active support of businesses. Currently, establishments that fail to comply with the City's newly passed stormwater ordinance are subject to fines by the City. However, under this program, a business in compliance with the stormwater ordinance also qualifies as a Clean Ocean City establishment. As a result, the business not only averts a possible fine but gains an additional, powerful marketing tool from the public recognition and "Good Housekeeping Seal of Approval" (in a manner of speaking) provided by the City. The City also gains. Instead of being cast as a possible adversary, it can play a strong and positive role in the business community. For all of these reasons, staff sees it is as a "win-win" situation, promoting goodwill between the City and its businesses and, at the same time, preventing non -point source pollution and protecting storm water quality. Staff also believes that this is a program that most citizens of Hermosa Beach will support. From parks and open space issues to volunteering, they have shown their concern for the environment in general, and their beaches and ocean, specifically. That is one reason why citizens and students are included in this program. Finally, the city of Palo Alto reports excellent results and Manhattan Beach and Redondo Beach have both adopted similar programs recently. Eligibility requirements are generally defined as follows: Businesses: Those with the potential for storm drain pollution, based on their activities, would become eligible upon implementation of Best Management Practices to prevent waste runoff. The Best Management Practices will be good house keeping measures that protect the environment without putting undue financial constraints on businesses. Some examples of these practices (BMPs) are: • Employee training and education • Proper maintenance and cleaning of equipment and tools Proper disposal of hazardous materials and waste water Re -use and recycle whenever possible Dispose of all debris in covered trash receptacles Residents: Those residents or citizens whose actions are identified as making a significant, positive difference to the environment by such activities as a timely crisis intervention (major spill, etc.), the amount of time or quality of volunteer work, etc. Students: Students, individually or as a group, would be eligible for such activities as a special or significant volunteer project, a science project, a poster competition, etc. Recognition by the Mayor and Council is seen as central to this program. Staff proposes that the Mayor, on a quarterly basis, if applicable, present the recipients for that quarter with a special certificate, suitable for framing and displaying (attached) and, if a commercial enterprise, a Clean Ocean City decal for display in their windows. Additional publicity would be given by notifying local newspapers in advance of these awards, listing them with the Chamber of Commerce, etc. Fiscal Impact: The decals for businesses to place in their windows are estimated to cost $400. Funding is proposed to come from the Sewer Fund. Respectfully submitted, H»-�...: Homayoun Behboodi C.I.P. Engineer NOTED: Amy Amirani Director of Public Works Sol Blume ld Director of ommunity Development NOTED FOR FISCAL IMPACT: Steve Bu rell City Manager Viki Copeland Director of Finance HIONG NVELVHNVO EID313111MS011013�1 HDv3;8 OaNQ:a321 Xq paiosuods 17:0747,T4T vo& 7-kfrig Printed on Recycled Paper. 8:00 8:30 9:00 - 10:00 Event Schedule Registration/Continental Breakfast Welcoming Address Presenters Business Recycling Panel California Integrated Waste Management Board Southern California Edison Los Angeles County Public Works Heal the Bay California Regional Water Quality Control Board California Integrated Waste Management Board Surfrider Foundation BFI Waste Systems Western Waste Industries Redondo Beach Post Office South Bay Medical Center (formerly South Bay Hospital) California Integrated Waste Management Board Keynote Speaker Paul Blais, Special Assistant to the Secretary California Environmental Protection Agency 10:15 - 11:45 Storm Water Quality Panel 10:15 -.11:45 Business Recycling Workshops 12:00 1:00 Luncheon The Cities of Hermosa Beach, Manhattan Beach and Redondo Beach cordially invite you to attend the 3EACH CITIES CLEAN AND GREEN EXPO An Earth Day Event For Businesses DATE: Tuesday, April 18, 1995 TIME: 8:00 a.m. to 1:00 p.m. INCLUDES: Continental Breakfast, Panel Discussions, Workshops, Luncheon LOCATION: • Holiday Inn Crowne Plaza, 300 N. Harbor Dr., Redondo Beach R.S.V.P. REQUIRED: Manhattan Beach (310) 545-5621 Ext.424 • Hermosa Beach (310) 318-0214 • Redondo Beach (310) 318-0661 CITY OF HERMOSA BEACH CERTIFICATION OF A CLEAN OCEAN CITY ENTERPRISE THE MAYOR AND CITY COUNCIL OF HERMOSA BEACH. ARE PROUD TO ANNOUNCE THAT (NAME OF BUSINESS) IS CERTIFIED AS A CLEAN OCEAN CITY ENTERPRISE. ON-SITE INSPECTION HAS VERIFIED THAT (NAME OF BUSINESS) EMPLOYS BEST MANAGEMENT PRACTICES IN ITS BUSINESS OPERATIONS AND MAINTENANCE ACTIVITIES' BY FOLLOWING THESE PRACTISES AND RECYCLING, (NATVIE OF BUSINESS) DEMONSTRATES A COMMITTMENT TO PREVENT WASTE PRODUCTS AND CONTAMINATED RUNOFF FROM POLLUTING OUR BEACHES AND OCEAN. THIS CERTIFICATION ENTITLES (NAME OF BUSINESS) TO DISPLAY THE CLEAN OCEAN CITY LOGO IN ITS ESTABLISHMENT AND ON ANY OTHER PUBLISHED OR PRINTED MATERIALS PROMOTING THIS BUSINESS. Y////1 April 3, 1995 Honorable Mayor and Members of Regular Meeting of. April 11, 1995 the Hermosa Beach City Council Recommendation: RECOMMENDATION TO DENY CLAIMS It is recommended that City Council deny the following claims and refer to the City's Liability Claims Administrator. Claimant : Mia Marcus Date of Loss: 01/04/95 Date Filed : 03/28/95 Allegation Claimant alleges wood chips used by City for landscaping clogged drains and caused flooding in garage during storm. Claimant : Brian J. McMahon Date of Loss: 09/22/94. Date Filed 03/21/95 Allegation Claimant alleges unlawful deprivation of civil rights,. deprivation of constitutional right to privacy and denial of equal protection. Claimant : Carol Carpinecz Date of Loss: 01/15/95 Date Filed : 03/01/95 Allegation : Claimant alleges trip and fall caused when heel caught in hole in sidewalk. Claimant : Robert Doherty Date of Loss: 02/15/95 Date Filed 02/22/95 Allegation : Claimant alleges that his plumbing backed up due to City flushing sewer lines. 5. Claimant : Robert Wachter Date of Loss: 03/12/95 Date Files : 03/20/95 Allegation Claimant alleges trip and fall caused by dangerous condition in sidewalk. Respectfully Submitted, Concur: Robert A. Blackwood Risk Manager Stephen Burrell City Manager CLAIM NO.: MAIL TO: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 DEPART 31102_ LIABILITY CITY CLAIM REPORTING FORM FOR ALL PERSONS DPI -PROPERTY' 'A4 COPIES TQ s"• 1r- 1 Claims for 'death. injury to persons, or to personal property, must be filed not later than six (6) mor hs-a#terTh occurrence (Gov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code, Sec.911.2)_ 3. Read entire claim before filing. 4. Attach separate sheets, if necessary, to give full details. Name of Claimant 'last,- first, middle) Macris, Mia , Home Address of Claimant (Street. City. State, Zip) 414 Second St. #329, Hermosa Beach, CA 90254 --,16/c Business Address of Claimant (Street. City, State, Zip) 1525 Pier F Ave., Long Beach, CA .90802 Address to which you desire notices or cammunrauons to be sent regarmng this claim: 44 Santa Rosa Place,. West Jordan, Utah 84088 Age 34 Telephone No. 1(310) 798-03E Telepnone No. ( 310) 495-867 :THIS CLAIM MUST BE.SIGNED ON REVERSE SIDE. Date of Damage/Loss/Injury 1/4/95. it f Time A.M. 4:00 P.M. Place of Damage/Loss/Injury 1994 Toyota Corolla parked In garage at 414 Second Street, Hermosa Beach, CA 90254 How did damage/loss/injury occur?. (Bespecific) Heavy rain and water flooded the garage. Wood chips used: for landscaping on Valley (by the city) clogged all drains causing the water and wood dhips to flood into garage (underground). Were Police at scene? Yes4 No❑ Were Paramedics at scene? Yes C Nom —_ Report No. unknown What particular act or omission do you claim caused the damage/loss/injury? The wood chips clogged all drains causin_ the water to flood :ara:e Name of City employee(s) causing the damage/loss/injury: Is the total amount of your claim, including the estimated amount of any prospective injury, 0less than $10,000.00; If so, state the amount $250.00 0 more than $25,000.00 damage, or loss: (Superior Court Jurisdiction).` 0 more than $10,000.00 but less than $25,000.00 (Municipal Court Jurisdiction) How was amount of claim computed? (Be specific. List doctor bills. wage rate, repair estimates. etc.). Please attach two (2) estimat See attached — comprehensive deductible $250.00 Expenditures made because of damage/foss/injury (Date and Item). $2.50.00 comprehensive deductible :THIS CLAIM MUST BE.SIGNED ON REVERSE SIDE. Expenditures made because of damage/lossfinjury (Date and item). Name and address of witness(es), doctor(s), and hospital(s): PLEASE READ THE FOLLOWING CAREFULLY. For all vehicle damage claims, draw a diagram with the names of streets, and indicate place of incident by—'X'' and by shoe ing house numbers or distances to street corners.' If City Vehicle was involved, designate by letter 'A' location of City Vehicle and by 'B' location of yourself or your vehick If Personal or property damage claim please identify location as completely as possible. • CLAIMS INVOLVING VEHICLES \f CLAIMS - OTHER (Please draw diagram) 1 HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF: AN AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRW AND CORRECT. NOTE: PRESENTATION OF A FALSE CLAIM IS PUNISHABLE AS A FELONY (CAL. PEN. CODE 72).; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CL IH TO: CITY OF HERMOSA HERMOSA BEACH,. BEACH POLICE DEPARTMENT, PAUL WOLCOTT AND DOES TO GOVERNMENT CODE §,900 ET SEQ.,_. NAME AND ADDRESS .OF CLAIMANT: Brian J. McMahon 4130 Patero Way Long Beach, CA 90815 B. RECIPIENT OF NOTICES: Brian J. McMahon Attorney pro -se 4130 Patero Way Long Beach, CA 90815 C. DATE, PLACE AND CIRCUMSTANCES GIVING RISE TO CLAIM: 1. Brian J. McMahon is an individualresiding in the State of California, County of Los Angeles, City of Long Beach. Claimant is a Tenured Professor at El Camino College. 2. Hermosa Beach is a city whose Police Department is organized and exists under the laws`of the State of California.. 3.. Paul Wolcott is an individual residing in the California, Officer for the 4. Steven State of County of Los Angeles and is employed as a Patrol Hermosa Beach Police Department. Constantine is an -individual residing:in the State of California, County of. Los Angeles, City of Hermosa Beach and on the date giving rise to this claim was "Constantine's Auto Detailing and Sales" Coast Highway, Hermosa Beach. 1 doing business as 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Dale's Towing & Recovery is a business specializing in the recovery of motor vehicles and is organized and existing under the laws of the State of California, County of Los Angeles, City of Carson under State License #RA -887 located at 21855 S. Avalon Blvd., #2, Carson, CA 90745. 6. Claimant Brian. J. McMahon is the current owner of a 1965 Chevrolet CA License #1Z57913 and has been the owner of record for the last 10 years. 7. Claimant entered into a "Consignment & Sales Agreement" (attached and incorporated by this reference) with Steven Constantine and when consignee failed to return on demand the vehicle to claimant or otherwise comply with theterms and conditions under said agreement, claimant contacted the Hermosa Beach Police Department for assistance in recovering claimant's property. Upon review of claimant's documents the Hermosa Beach Police Department advised claimant this was a civil matter and that claimant should seek the services of a licensed repossession agent. 8. On the advise of the Hermosa Beach Police, Legal Counsel for the Department of Motor Vehicle and private counsel, claimant then entered into an agreement with "Dale's Towing & Recovery" to recover claimant's vehicle. 9. On 9/22/94 agents of Dale's Towing & Recovery met in person with Hermosa Beach Police desk commander to review claimant's documents and to obtain authorization to recover said vehicle. Hermosa Beach Police then gave authorization to recover the vehicle under event sequence #1806 and accordingly entered f 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -27 28 data into the State and Federal "Stolen Vehicle System (SVS) as a "repossessed vehicle' rather than a stolen -vehicle. 10. On 9/22/94 agents of Dale's Towing S Recovery did lawfully take possession of said vehicle and return it to claimant. 11. On 9/22/94 Steven Constantine contacted the Hermosa Police Department and stated that "a big nigger just stole a car off my sales lot." Hermosa Beach Police advised Constantine that a lawful repossession had been authorized and to seek resolution of any claims at the civil level. 12. On 9/22/94 Steven Constantine approached his close friend Patrol Officer Paul Wolcott and entered into a conspiracy to enter information known by both of them to be false into the State and Federal S.V.S. computers specifically that said vehicle was "stolen" all for the purpose of retaliating against claimant. 13. On 9/22/94 Hermosa Beach Police Patrol Officer Paul Wolcott contacted claimant and directed claimant to "give the care back to Steve or else..." Officer Wolcott further informed claimant in a hostile and threatening manner that he personally listed the vehicle as stolen in the State S.V.S. was subject to a "Felony Stop" and likely to that he personally would see to it that I charged with grand theft. auto and fraud. 14. On 9/23/94 Officer Wolcott reiterated that claimant be shot by officers, arrested and said threats by way of taped messages left on claimants answering machine again- emphasizing his order that claimant "give the car back to Steve" and that the vehicle is listed as stolen. 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23- 24 25 26 27 28 .1.5. 011'9/25/94 Police Officer Wolcott and Steve Constantine acted with conscious disregard of claimant's civil, rights by knowingly directing the Long Beach Police Department to accost. claimant at gun point -in his home, place him handcuffs, search his person and residence, search his rental houses occupied by his tenants located at 4170 Patero Way" and 4210 Patero Way, place him under arrest for author theft, "Mirandize° him, and otherwise berate, threaten and intimidate him in the presence of his friends, neighbors, employees and tenants. 16. On or about 9/26/94 claimant contacted Hermosa_Beach Police Detective Rickey and without and additional documentation on information other than that which was available to any Hermosa Beach Police Officer on that date promptly' rescinded the stolen vehicle states entered by Officer• Wolcott and restored the "repossessed" status and assured claimant he was no longer subject to arrest. Detective Rickey further expressed regret that such events took place. was at all times very professional. D. NATURE OF INDEBTEDNESS As a proximate result of the foregoing conduct by the City, of Hermosa Beach, the Hermosa Beach Police Department, Paul Wolcott and Does 1-5, Claimant has suffered and continues to suffer economic losses, compensatory losses and attorney's fees including but not limited to loss of income and benefits, severe emotional distress, freight, unlawful deprivation of his civil rights resulting from his false arrest, unreasonable search and seizure of person and property without probable cause, Detective Rickey' alarm and demeanor 4 deprivation of claimant's constitutional right to privacy and denial of equal protection. E. NAME OF PUBLIC EMPLOYEE CAUSING INJURY 1. Paul Wolcott 2. Does 1-5 F. AMOUNT OF CLAIM Jurisdiction of this claim rests.with-the Superior Court. Dated: March ,3 , 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 Vied Brian J. McMahon Attorney pro se LIABILITY 3/0. CITY CLAIM REPORTING FORM FOR ALL PERSONS OR PROP MALL T0: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 COPIES TO: 111 PaECEjV' MARO11993 1. Claims for death. injury to persons, or to personal property, must be filed not later than six (Gov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed not later than one (1) year after the occur 3. Read entire claim before filing. 4 Attach separate sheets, if necessary, to give full details. onths after dba occurre City at ,Hermosa BeeiS r (Gov. Code, Sec, Nor Name of Claims/1 a s , 1 r s , 1 e Cat i lJ Q.CZ ) C Arno Homo Address of Claimant (Street. City. Sie. Zip) wt t tg- L. . IT7i Q�o�o Business Address of Claimant (Street. City, State. Zip) 9638 CA c L/ Telephone No. (3k))6g3-6172- Telephone No. ( ) rens to which you des, be sentjegarcrt this r: I ab desire S ohleoto O\V . Qdh: ;� 90) Date oro furyrirm amagelLossnn I r 15- q A.M. 7.' OP.M. v24- .os &k C_ Pticr Q" r "°fit bolvea 73 4- .Ip to ,2 : -,1 1 How did damage/loss/injury occur? (Be specific) 0.-t r`I ' a �Ve— - I �� fe–P iae-i-Mei . 6 4- 0 pgut t1 ak bi htck WAs Joi piD-1eC--4'eA (Ai .t" UtS. l N‘Pke11i 16 Ft-. Report No. 5'%Q,t d t tJ 1-61, 1 cg..g-I . 6,i frL.-r A 1J4 C 1 A ( Were Police at scene? Yes C No Were Paramedics at scene?Yes 0 Nom . - � What particylar ac or omission do ou claim caused th damage/loss/injury? -eatl,A Ano'r pro -K2 Q C 1-1 S I =4-hur e �kce FA � i t- r3 t ter- by I� • _ 10)1i , �k((L: L c(A- 1 J+.CO t .ss c fob lel f1�ile... pul- o ti p cJE _ -Th 5e_ VwcLs . Name of City employee(s) causing the damage/loss/injury: Is the total amount of your claim, including the estimated amount of any prospective injury, C less than S10,000.00 If so, state the amount 0 more than $25,000.00 damage, or loss: (Superior Court Jurisdiction) 0 more than $10,000.00 but Tess than $25,000.00 (Municipal Court Jurisdiction) How was amount of claim computed? (Be specific. List doctor bills, wage rate, repair estimates, etc.). Please attach two (2) estimates. A mu A o- C (a l IJ, is es ► . {_Q., , cl tut,cp,,A.4- i s sf-(t (. be., w a .treat"( Ss bki p fls (tic la. 4A Expenditures made because of damage/loss/injury (Date and Item). THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. Expenditures made because of dams 9e/losa/inj++ry (Date and item). Name and address of witness(es),2'` '" `^ i doctorjs}, and hospital(s): 1)0, C " - C -A Osa- BA C PLEASE READ THE FOLLOWING CAREFULLY. For all vehicle damage claims, draw a diagram with the names of streets, and indicate place of incident by 'X' and by show- ing house numbers or distances to street corners. If City Vehicle was involved, designate by letter 'A' location of City Vehicle and by 'B' location of yourself or your vehicle. If Personal or property damage claim please identify location as completely as possible. CLAIMS INVOLVING VEHICLES CLAIMS - OTHER (Please draw diagram) 1 HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS I BELIEVE IT TO BE TRUE. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Dated Signed NOTE: PRESENTATION OF A FALSE CLAIM IS PUNISHABLE AS A FELONY (CAL. PEN. CODE 72). DEP?.RTIENT CODE .31 D°'' MAIL TO: - CITY__.CLAIM.-.•_REPQRTING FORM FOR ALL -PERSONS OR -PROPERTY- -- City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa_ Beach, CA 90254 1 Claims for death, injury to persons, or to personal property, must be filed not later than six (6) months after the occurrent (Gov. Code, Sec. 911.2). 2. Claims for damages to real property must be tiled not later than one 3. Read entire claim. before filing. 4. Attach separate sheets, if necessary, to give full details. the occurrence (Gov. Code. Sec.911.2 Name of laimant ' 1 �+� ,.; 1 st, fi st• `-, middle) A e Home Address of Claimant (Street. City State. Zip) F G b 2 2 `�9 1�$ L. 7elepnone No. Business Address of Claimant (Street. City, State. Zip) `i- oft nt Msrmosa £soe0 /... ` Telephone No. (� G'`) `i ; Andress to winch you desire notices or communications to be sent regarding this claim: / -t �� S C�.v �: I •• 1 p Date of Damage/Lossllntury 2- 1 r- �% b _ Time �� , I L/ ` A.M. Place of Damage/Lossllnjury / How did damage/loss/injury occur? (Be specific) 711c c u' -"k-,' !)F 1 / i -u< } c<-,)•=' ' C 11.--,--e-, / of i4 Lit, Li o ( a.:( r hose 6 ., Y%i �t ()ill wr J vut fc.,.� hc,c r ,..-e • .i - c'�> 1 14t y S i c' Were Police at scene? Yes No Were Paramedics at scene? Yes G No�Y Report No. What particular act or omission do you claim caused the damage/loss/injury? �-�,r-t_ lk/r-tS c A.4. 7 Lc,: -.,?.L C.2.4„k!L it-, e i_ -Cir -ti IG_[ /hti,: a.w ` j� C(LC t ff 1 I t/; LC -Cl( f , L- b vt— .i x-11 �: A Ca rr'S CI 1,_.0 h ( ,. Name of City employee(s) causing the damage/loss/injury: p, -r v/ , _ ((,. Is the total amount of your claim, including the es imated amount of any prospective injury, Mess than $10,000.00 1f so, state the amount S— G more than $25,000.00• damage, or loss: Cou (Supencr rt Jurisdiction) 0 more than $10,000.00 but less than $25,000.00 (Municipal Court Jurisdiction) How was amount of claim computed? (Be specific. List doctor bills, wage rate, repair estimates, etc.). Please attach two (2) estir;.-4 T=l 01( Cc r-' ✓!t f C J mit 11A.;', / v {- C /f c4 -1-t: /14,, L • (/ 6 k.. --) - � S2' �o G i H'' o: C 7 / Expenditures made because of damage/loss/injury (Date and Item). THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. Expenditures made because of damage/loss/injury (Date and item). Name and address of witness(es), doctor(s), and hospitals) PLEASE READ THS FOLLOWING CAREFULLY. For all vehicle damage claims draw a diagram with the names of streets, and indicate place of incident by 'X' and byshe ing house numbers or distances to street corners. • If City Vehicle was involved, designate by letter 'A' location of City Vehicle and by 'B' location of yourself orr your vehic If Personal or property damage claim please identify location as completely as possible: • CLAIMS INVOLVING VEHICLES I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE MATTERS 1 BELIEVE IT TO BE TRUE. 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Dated Signed (1 (NOTE: PRESENTATION OF A FALSE CLAIM IS PUNISHABLE AS A FELONY (CAL. PEN. CODE 72). MAIL TO: LIABILITY CITY CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY DEPARTMENT CODE: 3/4.3 City Clerk. City of Hermosa -Beach 1315 Valley Drive HermosaBeach, CA 90254. COPIES TO: REC. t1Y) 1 Claims for death, injury to persons, or to personal property, must be filed not later than six (6) mP on h .atter te-ioccurrenc (Gov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed not later than one (1) year after the occurrence (Gov. Code, Sec.911.2'. 3. Read entire claim before filing. 4. Attach separate sheets, if necessary, to give full details. Name of Claimant .1 aSt, first, niidC le) Home Address of Claima t (Street. City. State, Zi Busine 11. 14t ddress of CI C- i1 • a r RA Age mant (Street, ity, State, Zi • " rrn.oseL; r c -A 17i v r� C Address to wnicn you desire notices or commurihcauons to be sant regarding trim claim: vy e Q cit 'S Telepnone No. (0) s Telephone No. c r � uq�ry_ acls- Time A.M. 'TPA' Place of Oama.eILo Injury _ , 4 iI ` A`- a/Sec-,' How did damage/loss/injury occur? _C U --Pa u l (Be specific) -fr 1 'Vi /1 ) 17"1a 1 (C %)'t p peal y t `Q ,! S -e 51 Je 0/ `✓1 1 k`-‘ tof -F kr‘c n eecl e64 def 51- s u rr 1. et a l 5 u u rrs, Y- a ys k Arc race_) Report No. Were Police at scene? i Yes 0 . NoOki Were Paramedics at scene? Yes 0 N What particular act or omission do you claim caused the damage/loss/injury"dt '�/+y v 2 0 S' Name of City employee(s) causing the damage/loss/injury: Is the total amount of your claim, N less than $10,000.00 If so, 0 more than $10,000.00 but less including the estimated amou t of any prospective injury, state the amount ed is c 0 more than $25,000.00 damage, or loss: (Superior Court Jurisdiction) than $25,000.00 (Municipal Court Jurisdiction) How was amount of claim computed? A . A d A. i (Be specific. List doctor bills, wage rate, repair estimates, etc.). Please attach two (2) estima -iJA: . Expenditures made because of damage/loss/injury (Date and Item). THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. Expenditures made because of damage/loss/injury (Date and item) Name and address of witness(es), doctor(s), and;hospital(s)• l it A 377 - PLEASE READ T E FOLLOWING CAREFULLY. For all vehicle damage claims, draw a diagram with the names of streets, and indicate place of incident by 'X' and by sh ing house numbers or distances to street corners. If City Vehicle was involved, designate by letter 'A' location of City Vehicle and by 'B' location of yourself or your vehi, If Personal or property damage claim please identify location as completely as possible. • CLAIMS INVOLVING VEHICLES CLAIMS - OTHER (Please draw diagram) 1 HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF >ti • OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS WHICH ARE HEREIN STATED UPON MY INFORMATION AND BELIEF: AN AS TO THOSE MATTERS 1 BELIEVE IT TO BE TRUE. 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRL AND CORRECT. Dated Signed / NOTE:_ PRESENTATION OF A FALSE CLAIM IS PUNISHABLE AS A FELONY (CAL. PEN. CODE 72). April 5, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 11, 1995 "17////--c PENDING STATE LEGISLATION: AB1191 ALLOCATION OF PROP 172 SALES TAX, SB323 PUBLIC RECORDS ACT, SB19 - UNFUNDED MANDATES: CIIMS WITH POPULATIONS LESS THAN 25,000. Purpose: To obtain approval to communicate City Council position on subject pending legislation. Background: AB1191 -Allocation of Prop 172 sales tax: Cities received less Prop 172 sales tax than anticipated due to guidelines adopted by the State Association of County Auditors. This bill would return to the originat intent of Prop 172 and allocate the additional funds to cities. The amount is not that great on a statewide basis, however, it does represent about 1.7% of the funds distributed. Recommendation: That the City Council go on record as supporting AB1191. SB323 - Public Records Act: The League of California Cities and other groups are in opposition to this bill in its present form. The City Clerk also has concerns about this legislation. First, it refocuses the current publicrecords act to making all government agencies, in effect, "libraries" simply because the agency stores information. Second, the bill assumes that all public agencies have all of this information on electronic systems. It would be quite costly to meet this requirement and this, of course, would be an unfunded mandate. Third, the bill poses a number of new, challenging and costly prospects for public agencies attempting to try and conform with the privacy requirements of state law. Access to data that contains information subject to privacy requirements must first be "edited" to remove all exempt information from otherwise disclosable records. This "editing" process could take hours or days depending on the amount of information that must be removed and all at a cost to the public agency and more importantly the public. It is clear that to comply with the requirements, of this legislation would cost a great deal in tax dollars. Recommendation: That the City Council go on record as opposing SB323. SB19 - Unfunded Mandates: This bill would exempt cities from having to comply with State mandates that are not funded by the State. It would not apply to new crimes or items requested by local governments or the federal government. Recommendation: That the City Council go on record as supporting SB19. Respectfully submitted, Stephen R. Burrell City Manager JL.\1'Dl •L111 UJ/LJ Da Vr L.31 3VA • -J-J7 7,00011 111.1..LLLNI1-L111 yr 11GfJJ1 .►DL.- J1.= Z: 07 March 23, 1995 'I'tat The Honorable City Council FROM. Diane R. Gladwell, City Clerk SUBJECT: Public Records Act The meeting in Sacramento proved to be extremely valuable. Representatives of the newspaper industry ancenator Kopp began by stating they were unwilling to amend any portion of the bill, since SB323 had already been significantly altered from theversion presented in the last legislative session. They concluded the meeting by expressing their desire to propose amendments to several key areas, including: *Protection of police records. The proposed bill would eliminate several provisions' for privacy protection of individuals, most noticeably in Police. Administration. SB323 would allow access to information transmitted to other agencies. This includes rap sheets, arrest information and other areas that would compromise police personnel, investigations, and citizens' privacy. eDefutition of public agency (n now requires many private institutions to comply). +Consideration of a mediation/dispute resolution process and incentives to address the records management problems of municipal governments. *Deferral of implementation dates provided by SB323. The bill fundamentally changes the definition and purpose of the Public Records Act The current law provides that "writings" be accessible to the public to allow them to understand the conduct of the public's business; 0323 proposes that "data" be accessible to the public to allow them to utilize the information. There are wide applications for government data, from generating very inexpensive and accurate mailing Iists, to the ability to compare and analyze diverse data in a very inexpensive, expedient manner. There are many problems with SB323 as proposed: *Lack of privacy protection for citizens. *Expensive data processing costs, including unfunded, mandated "redaction" of data, This would require the City to program computers to sift through data bases and erase the fields of data that are not public (e.g. home telephone numbers) before the information is provided to the requestor. ',Exposure to litigation. Immediate access to information is required; all staff members must be thoroughly versed in the public records exemptions (there are 18 pages of exemptions in the new law). Unless the employee has a reason to believe the record might be exempt, SB323 requires immediate access to the record. It also prevents attorneys from raising arguments in Court to defend lawsuits if the City failed to cite the argument in response to a records request. Privacy lawsuits against municipal governments would increase as a result of SE323. •No provision for security of municipal data and/or computer systems The League is participating in the negotiations and has taken a position opposing SB323. The CCAC Is providing a telephone -tree stmcture, and school districts are also participating. The coordinator for the City Attorney/City Clerk subcommittee is Ariel Calonne of Palo Alto, who was very active in the effort to negotiate the Brown Act revisions. The Senate Judiciary Committee will hear the bill on March 28th; Council's Legislative Action Subcommittee will review the attached letter from the Mayor before it is sent to Senator Jack O'Connell. John Dunn, City Administrative Officer Jim Gardiner, Police Chief Deb Hossli, Assistant to the CAO Jeff Jorgensen, City Attorney Bill Stotler, Director of Finance Honorable Mayor and Members of the Hermosa Beach City Council April 6, 1995 Regular Meeting of April 11, 1995 AWARD OF CONTRACT FOR AUDIT SERVICES Recommendation: It is recommended that the City Council award a three year audit contract, (covering fiscal years 1994-95 through 1996-97, with an option to extend the agreement for two additional fiscal years) to the firm of Caporicci & Carson. Background: The City contracted with Coopers and Lybrand for audit services from 1990 through 1992, with extensions through 1994. A request for proposals for audit services for fiscal years 1995-97, was mailed to 23 certified public accountant firms; eleven proposals were received by the City Clerk on February 22, 1995. Analysis: The City Treasurer and the Finance Director reviewed and rated the firms based on the quality of the written response and thecontract cost. A summary of hours and contract cost for the proposals is attached. Based on the ratings, three firms were selected for interviews by the Treasurer and Finance Director. Moss Levy & Hartzheim, Caporicci & Larson and Moreland & Associates. Below is a comparison of proposed audit fees and hours for the three firms: Year Moss Levy & Caponcci & Larson Moreland & Hartzheim Associates 94-95 95-96 96-97 Fee Est. Hrs. $20,530 450 18,150 450 20,550 450 $59,230 Among these three firms, cost is not an issue since there is only a $1,000 spread between the firms for the three year cost. Each firm's costs would represent a substantial savings from last year's cost of $27,835. All firms are qualified to perform the audit and capable of producing quality financial statements. Based on interview results and reference checks, the City Treasurer and Finance Director recommend that the firm of Caporicci & Larson be selected. Their approach is somewhat different from the other firms in that, for the first year, both partners, Caporicci and Larson, would participate on site in the actual audit work in order to familiarize themselves with our operation. Staff believes this higher level of expertise on site will lead to more valuable recommendations and suggestions from the firm. Respectfully. submitted, Viki Copeland Finance Director o n Workman ity Treasurer Ste 'r en R. Burrell City Manager >ARHUR AKKL. CAPORICCI & LARSON DIEHL, EVANS & CO. ANNUAL COST 3 -YEAR COST HOURS 20,530 23,700 MACIAS & CO. 25,900 74,800 450 MOSS, LEVY & HARTZHEIM 19,4000 58,200 416 GILBERT VASQUEZ & CO. 30,000 96,000 .72 ///9 Mayor and Members of the City Council ORDINANCE NO. 95-1128 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." (This Ordinance refers to the Alano Club at 702 Eleventh Place.) Submitted for adoption above subject. is Ordinance No. 95-1128 relating to the At the meeting of March 28, 1995, this ordinance was presented to Council for consideration and was introduced by the following vote: AYES:. NOES: ABSENT: ABSTAIN: Bowler, Edgerton, Oakes, Mayor Benz Reviczky None None AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1) THE CITY COUNCIL OF '1II1, CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: Section 1. That certain property in the City:of Hermosa Beach described as the westerly 88 feet of Lot 38 in Block 78, Second Addition to Hermosa Beach Tract located at 702 Eleventh Place is hereby classified and zoned from OS, Open Space, to C-3, Commercial General: Section 2. The Zoning Map of the City of Hermosa Beach as adopted by Section 302 of the Hermosa Beach Municipal Code is hereby amended by changing the classification of the property referred to in Section 1 to C-3. Section 3. 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 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach, in the manner provided by law. Section 5. 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 4 5 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 lth day of April, 1995 by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Honorable Chairman and Members of the Hermosa Beach City Council April 4, 1995 Regular Meeting of April 11, 1995 SUBJECT: 95-96 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) INITIATED BY STAFF PURPOSE: APPROVE CDBG REIMBURSABLE CONTRACT FOR IMPLEMENTATION OF THE PROJECT TO REMOVE ARCHITECTURAL BARRIERS TO THE DISABLED AT CITY HALL Recommendation Staff recommends the Mayor execute the attached contract as stipulated by the Los Angeles County Community Development Commission (CDC). Background July 19, 1994, the City approved a cooperation agreement with L. A. County for future block grant funding of proposed City projects. The City staff has subsequently submitted a request for funding for the City's American with Disabilities Act Compliance and Transition Plan, and the CDC has approved the project. Analysis This standard contract between the City and L.A. County will enable the City to receive an allocation $152,691 in the fiscal year 95-96 for the above noted project. Sol Blumenfelc, Diiector Community D elopment Department y/c:ccsrcdc Carlos Jackson Executive Director March 9, 1995 Community Development Commission County of Los Angeles 2 Coral Circle • Monterey Park • California 91755 • Tel: (213) 890-7001 Stephen R. Burrell, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254-3885 Dear Mr. Burrell: Commissioners Gloria Molina Yvonne Brathwaite Burke Zev Yaroslayskv Deane Dana Michael D. Antonovich RECEIVED MAR 1 4 1995 CITY. MGR. Q ffiCE REQUEST FOR EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT Enclosed for execution by your City's authorized signatory are four copies of a Community Development Block Grant Reimbursable Contract for implementation of your City's community development project(s). Please return all four original signed copies of the contract, by April 21, 1995, to Lorraine Wright of my staff, at 2 Coral Circle, Monterey Park, California 91755. Once the contract has been fully executed, an original will be forwarded to you. If there are any questions, please contact Ms. Wright at (213) 890-7172. Sincerely; --3 >. TERRYGON. LEZ, DiL ctor 6 Community Development Block LW-95-relet Enclosures Grant Division COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REIMBURSABLE CONTRACT WITH. PARTICIPATING CITY CONTRACT NUMBER:: THIS CONTRACT is made and entered into this 1st day of July 1995, by and between the County of Los Angeles, hereinafter called the "County", and the City of Hermosa Beach, hereinafter called the "Operating Agency". WITNESSETH THAT: WHEREAS, the County has entered into a contract with the United States of America, through its Department of Housing and Urban Development (HUD), to execute the County's Community Development Block Grant (CDBG) Program (Program) under the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act"; WHEREAS, California Government Code Section 53703 authorizes County and Operating Agency to enter into this Contract in furtherance of the Program; and WHEREAS, Operating Agency desires to participate in said Program. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. CONTRACT ADMINISTRATION. The Executive Director of the Community Development Commission of the County of Los Angeles (Commission), hereinafter called "Executive Director", or his designee, shall have full authority to act for County in the administration of this Contract consistent with the provisions contained herein. . 2. SCOPE -OF SERVICES. The Operating Agency is to perform services consistent with the goals and objectives set forth in the Los Angeles Urban County Community Development Block Grant Statement of Objectives and Projected Use of Funds for the Twenty= First Program Year,. as adopted by the County Board of Supervisors on June 8, 1995, or any amendment or successor thereto, which is incorporated herein by this reference. 3. PROCEDURES TO IMPLEMENT. Operating Agency is eligible for reimbursement for a project implemented under this Contract only after a Memorandum: of Understanding (MOU), accompanied by a detailed Project Description and Budget, is developed to the satisfaction of the Executive Director, or his designee, and is executed by both the Executive Director, or his designee, and the Operating Agency. 4. TIME OF PERFORMANCE. Said services of Operating Agency are to commence not sooner than the date first written above, and shall be completed not later than June 30, 1996. .Specified project start and completion dates shall be a part of the MOU procedure described above for initiating the project(s). COMPENSATION AND METHOD OF PAYMENT. Upon such performance under this Contract, .County shall reimburse Operating Agency an amount not to exceed $152.691,, which shall constitute full and complete reimbursement hereunder, provided for. in the implementation of this Contract. Said reimbursement will only be paid out of funds received by County. from. the Federal Government under the Act for.theFiscal Years indicated in the MOU, or from program income, as described in 24 CFR 570 and accumulated under :said project(s), for allowable costs actually incurred for the express purposes specified. The parties understand and agree that such reimbursement, if any, shall be conditioned upon receipt of said funds by the County from the Federal Government or accumulation of program income from said project(s), and shall not be a charge on any other funds of the County. Further, such funds, if any, shall be paid only after development and execution of the MOU(s) necessary to implement the project(s) covered by this Contract and receipt of and. approval by Commission of a periodic detailed invoice in a form specified and approved by the Executive Director, or his designee. Operating Agency shall bill for expenditures on a reimbursable basis for each project for which a MOU has been executed. 6. COMPLIANCE WITH LAWS. All parties agree to be bound by all applicable Federal, State, and local laws, ordinances,_ regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the Act; 24 CFR of Part 570; U.S. Office of Management and Budget (OMB) Circular A-87, and 24 CFR Executive Order 12372; the County Auditor -Controller Contract Accounting and Administration Handbook; and all amendments or successor laws, regulations or guidelines thereto (hereinafter called the "Laws, Regulations and Guidelines"). The Operating Agency has, and shall maintain, copies of the Laws, Regulations and Guidelines. Furthermore, the Operating Agency acknowledges that it' has read' and understands the Laws, Regulations, and Guidelines. 7. UNIFORM ADMINISTRATIVE REQUIREMENTS. The Operating. Agency shall comply with applicable uniform administrative. requirements, as described in 24 CFR 570.502. 8. OTHER PROGRAM REQUIREMENTS. The Operating Agency shall carry out each activity in compliance with the Federal. laws and regulations described in Subpart K of these regulations, except that: (i) The Operating Agency does not assume the County's environmental responsibilities described in 24 CFR 570.604; and (ii) The Operating Agency does not assume the County's responsibility for initiating the review process under Executive Order 12372. 9. REVENUE. DISCLOSURE AND RECORD RETENTION. Operating Agency'shall make available for inspection and audit to County's representatives, upon request, at any: time during the implementation of this Contract and for a period of three (3) years thereafter, all of its books and records relating to the operating of each project or business activity which is funded in whole, or in part, with Federal or. State grant monies, including the project(s) under this Contract. Failure of Operating Agency to comply with the requirements of this Section shall constitute.a material breach of contract upon which the County may cancel, terminate or suspend this Contract. 10. PROGRAM EVALUATION AND REVIEW. Operating Agency shall allow County authorized personnel to inspect and monitor its facilities and program operations, including the interview of Operating Agency staff and program participants, as required by the County. 11. REPORTS AND RECORDS. Operating Agency agrees to prepare and submit all HUD required reports and any financial, program progress, monitoring, evaluation or other reports i.e., Grantee Performance Report (GPR), Quarterly Report, Comprehensive Housing Affordability Strategy (CHAS), Contract/Sub-Contract and Semi -Annual Labor Standards Enforcement Reports required by County or its representatives. Operating Agency shall ensure that its employees, agents, City Council members, officers and board members furnish such information which, in the judgement of County representatives, may be relevant to a question of compliance with contractual conditions, with County or HUD directors, or with the effectiveness, legality and achievements of the CDBG Program. 12. PERFORMANCE STANDARDS. The Operating Agency shall comply with specific project implementation and expenditure standards as adopted by the Board of Supervisors of the County. 13. AFFIRMATIVE ACTION. The Operating Agencyshall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women: In addition, the Operating Agency shall make every effort to employ residents of the project area(s) specified in the MOU(s). 14. DISCRIMINATION. No person shall, on the grounds of race, sex, creed, color, religion, national origin, ageor physical handicap be excluded from participating in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Contract. 15. CONFLICT OF INTEREST. The Operating Agency, its agents, officers and employees shall comply with all applicable Federal,State and County laws and regulations governing conflict of interest. 16. FISCAL LIMITATIONS. The United States of America, through HUD, may in the future place programmatic or fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly, the County reserves the right to revise this Contract in order to take into account actions affecting HUD program funding. In the event of funding reduction, the County may reduce the budget of this Contract as a whole or_may limit the rate of the Operating Agency's useof both its uncommitted and its unspent funds. Where HUD has directed or requested the County to implement a reduction in funding, in whole or in •a cost category, with respect to funding for this Contract, 'the Executive Director, or his designee, may act for the County in implementing and effecting such a reduction and in revising the Contract for such purpose. Where the Executive Director, or his designee, has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of the Operating Agency, the Executive Director, or his designee, may act for the County in suspending the operation of this Contract for up to sixty (60) days, upon three (3) days notice to Operating Agency of his intention to so act, pending an audit or other resolution of such questions. In no event, however, shall a revision made by the County affect expenditures and legally binding commitments made by the Operating Agency before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable, that such commitments are consistent with HUD cash withdrawal guidelines, and that CDBG funds are available to County to satisfy such expenditures or legally binding commitments. 17. INDEMNIFICATION. The Operating Agency agrees to indemnify,. defend and save harmless County and Commission, and their agents, officers and employees, from and against any and all liability; expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to bodily injury,. death, personal injury, or property damage arising from or connected with the Operating Agency's operations, or its services hereunder, including any workers' compensation suits, .liability or expense arising from or connected with services performed on behalf of Operating Agency by any person pursuant to this Contract. 18. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Operating Agency agrees that in the event the Program established hereunder, is subject to audit, monitoring or other exceptions by appropriate. State and Federal audit agencies, it shall be responsible for complying with such exceptions and paying the County the full amount of County's liability to the funding agency resulting from such audit exceptions. 19. INSURANCE. Without limiting Operating Agency's indemnification of County and Commission, the Operating Agency shall provide and maintain at its own expense during the term of this Contract, a program of insurance satisfactory to the County's Risk Manager covering its operations hereunder. The details of said program of insurance are specifically cited in Exhibit A attached to and forming part of this Contract. Satisfaction of the terms of this Section by the Operating Agency shall be a condition precedent to payment as well as the initiation of services under this Contract. -4- 20. .TERMINATION COSTS. This Contract may be terminated at any time by either party upon giving thirty (30) days notice in writing to the, oth er party. Executive Director or his designee, is hereby empowered to give said notice subject to ratification by the County Board of Supervisors. County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible or impossible. In such event, Operating Agency shall be compensated for all services rendered and all necessarily incurred costs performed in good faith, in accordance with the terms of this Contract, that have not been previously reimbursed, to the date of said termination, to the extent CDBG funds are available. 21. SUSPENSION AND TERMINATION. In accordance with 24 CFR 85.43, suspension or termination may occur if .the Operating Agency materially fails to comply with any term of the Contract, and that this Contract may be terminated for convenience in accordance with 24 CFR 85.44. 22. PROGRAM INCOME. Upon termination of this Contract, the County reserves the right to determine the final disposition of any program income, as described in 24 CFR 570.504. Said disposition may include the County taking possession of said program income. a. The City shall be required to identify all real property acquisition, improvement and disposition with the attached Deed of Trust and Addendum (Exhibit B). The standards described in Section 24 CFR 570.505 "Use of Real Property", apply to real property within the Operating Agency's control which is acquired or improved in whole or in part, using CDBG funds in excess of $25,000. 23. TIME OF PERFORMANCE MODIFICATIONS. Executive Director, or his designee, may grant time of performance modifications to this Contract when such modifications are: a. In the best interest of the County and Operating Agency in performing the scope of the services under this Contract; and b. In increments that donot exceed twelve (12) months and in aggregate and do not exceed thirty-six (36) calendar months; and c. Approved by the Executive Director, or his designee, in writing prior to expenditures being made. 24. JOINT FUNDING. For projects in which there are sources Of funds in addition to CDBG funds, Operating Agency shallprov_ide proof of such funding upon request. The County shall not pay for any services provided by Operating Agency which are funded by other sources. All restrictions and/or requirements provided for in this Contract, relative to accounting, budgeting and reporting, apply to the total project regardless of funding source. 25. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever, including workers' compensation liability. Operating Agency shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any person for injuries arising from or connected with services performed on behalf of the Operating Agency pursuant to this Contract. 26. USE OF FUNDS. All funds approved under this Contract shall be used solely for costs approved in the project budget(s) for the MOU(s) under this Contract. Contract funds shall not be used as a cash advance between contracts, as security to guarantee payments for any nonprogram obligations, or as loans for nonprogram activities. Separate financial records shall be kept for such funding source(s). 27. DISALLOWED COSTS. If Operating Agency has failed to return unexpended funds or funds spent for disallowed costs related to any CDBG Contract it has with the County, County may withhold and offset payments to be made to Operating Agency under this Contract. 28. ASSIGNMENT. This Contract is not assignable by Operating Agency. Any attempt by Operating Agency to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 29. AMENDMENTS/VARIATIONS. This" writing, with attachments embodies the whole of the agreement of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, no addition to or variation of the terms of this Contract shall be valid unless made in the form of a written amendment of this Contract formally approved and executed by both parties. 30. NOTICES. All notices to be given under this Contract shall be served in writing. The notices to the Operating Agency shall be sent to the following address: The City Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254-3885 Notices, reports and statements to the County shall be delivered or sent to the Executive Director or his designee. Community Development Commission of the County of Los Angeles 2525. Corporate Place Monterey Park, California 91754 Each party shall promptly notify the other party of any change(s) of address to which notices shall be sent pursuant to this Contract. 31. WARRANTY OF AUTHORITY. The undersigned signatory for the Operating Agency covenants, warrants and guarantees that he/she is empowered and authorized to sign. this Contract on behalf of Operating Agency in accordance with the terms and conditions stated herein. -6- 32. REVERSION OF ASSETS. Upon expiration of this Contract the Operating Agency shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions designed to ensure that property under the Operating Agency's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in 24 CFR 570.208 until five (5) yearsafter expiration of the agreement, or such longer period of time as determined appropriate by the County; or (ii) Is disposed of in a manner which results in the County being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the .property. Such reimbursement is not required after the period of time specified in accordance with subsection 32 (i) above. 33. CERTIFICATION REGARDING LOBBYING. With regard to the certification for contracts, grants, loans, and Cooperative Agreements, the undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or- an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall cc5mplete and submit to HUD Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. 34. CERTIFICATION PROHIBITING. USE OF EXCESSIVE FORCE. In accordance with Section 519 of Public Law 101-144, the undersigned certifies, to the best of his or her knowledge and belief;. that it has adopted and is enforcing: (1) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any •individuals engaged in non-violent. civil rights demonstrations; and (2) A policy of enforcing applicable State and local laws against individuals physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; 35. DRUG-FREE WORKPLACE Operating Agency agrees to provide a drug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Operating Agency's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (2) Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The Operating Agency's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement" required by paragraph 1 of this Section 35; (4) Notifying the employee in the statement required by paragraph 1 of this Section 35 that, as a condition of employment under the grant, the employee will - (3) a. Abide by .the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; -8- (5) Notifying the County in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,, ::>including ,,position title, to every grant officer or otherdesignee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification .. number(s) . of each affected grant; (6) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (7) (8) b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6. The Operating Agency may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant; Check if there are workplaces on file that are not identified here. 36. RESIDENTIAL .ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN. Section 104(d) of the Housing and Community Development Act of 1974, also known as the Barney Frank Amendment, requires relocation assistance for displaced low-income families and requires ane -for -one replacement of low/moderate income dwelling units that are demolished or converted to other use. When CDBG funds are used in a project, including financing for rehabilitation, or project delivery costs, Section 104(d). is triggered. CDBG Regulations further describe the requirements under 24 CFR Section 570.606 Displacement, Relocation, Acquisition, and Replacement of Housing. Operating Agency must adopt and make public a Residential Antidisplacement and Relocation Assistance Plan as part of its administrative requirements to HUD. Before Operating Agency enters into a contract committing it to provide funds for any activity that will directly result in the demolition, orconversion to another use, of low/moderate-income dwelling units, it must make public and submit to HUD the information as described in Section 24 CFR 570.606 (c) (iii) A -G. IN WITNESS WHEREOF, the Board of Supervisors of the Los Angeles has caused this Contract to be subscribed by its Chairman and the seal of said Board to be hereto affixed, and attested by the Executive Officer - Clerk of the Board of Supervisors thereof, and the Operating Agency has subscribed the same through its authorized officer, the day, month and year first above written. COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH By By Chair, Board of Supervisors ATTEST: JOANNE STURGES Executive Officer Clerk of the Board of Supervisors By APPROVED TO FORM: DEWITT W. CLINTON County Counsel By Deputy LW/citrecon.txt Title ATTEST: City Clerk By APPROVED AS TO PROGRAM: CARLOS JACKSON, Executive Director Community Development Commission of the County of Los Angeles By Director, CDBG Title -10 Honorable Mayor and Members of the Hermosa Beach City Council SUBJECT SPECIAL STUDY 94-11 PURPOSE: TO CONSIDER AMENDMENTS TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE, CRITERIA FOR THE APPROVAL OF SUBDIVISIONS Vh//9-s April 4,.-1995 Regular Meeting of April 11, 1995 Planning Commission Recommendation To receive and file as there is no need for a text amendment. Alternatives 1. To introduce the attached ordinance which establishes that the area for determining prevailing lot size be within a 300' radius, in the same zone and general plan designation, and within the same "neighborhood area"; and, which defines "neighborhood area." 2. To include consideration of prevailing "lot width" and/or "lot frontage" in addition to lot size. Background At the meeting of February 28, 1995, the City Council considered the recommendation of the Planning Commission to receive and file, and instead directed staff to return with more precise criteria for approving subdivisions, including a definition of neighborhood. The study originated from a request by a property owner for a more precise definition of"prevailing lot size" and "surrounding area." For further background, please refer to the previous reports and minutes. Analysis Staff has prepared the attached amendment to modify Section 29.5-8 subsections (c) and (d) and to add a definition of "neighborhood area" as an alternative option. For sub -section (c) staff proposes replacing "surrounding lot pattern" with "prevailing lot pattern", and further, : replacing "surrounding area'' with "neighborhood area". A definition for neighborhood area is added as described below. For sub -section (d) the proposal maintains the term "not smaller than the prevailing lot size" since its clear that "prevailing" means most frequent or most common. But rather than using the phrase "in the area in which they are located" it sets forth that the area of comparison be "within the same zone and general plan designation within a 300' radius, provided, however, that all such lots used in the comparison shall be in the same neighborhood area". A definition for "neighborhood area" is added for clarity, and to assure that lots used in the comparison are not located outside the same neighborhood, such as lots across arterial or collector streets, greenbelts, city boundaries, or on top of an adjacent hillside. This alternative satisfies the desire of Council for more precision, while still recognizing the reality that all lots within the 300' radius should not be used in some cases. Staff has attached three examples of application of this provision, including the result at 588 20th Street. Also, to further assure that subdivided lots are similar to lots in the neighborhood in all respects, the prevailing "lot frontage" or "lot width" could be considered in addition to "lot size": (Note: "lot frontage" is the width at the street, while "lot width" is the width half- way between the front and back of the lot.) For further analysis and discussion please refer to the previous reports and minutes. CONCUR: of Blumenf Id Communi u evelopment Director en Robertson Associate Planner Stephen ' . '$rel City Manager Attachments 1. Proposed Ordinance 2. C.C. Minutes 2/28/95 3. Sample radius maps - 3 examples 4. Survey of surrounding cities neighborhood consistency provisions 5. Correspondence 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 29 ORDINANCE 95 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO AMEND THE SUBDIVISION ORDINANCE IN REGARDS TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO DEFINE "NEIGHBORHOOD AREA" WHEREAS, the City Council held a public hearing on April 11, 1995 to consider oral and written testimony and made the following findings: A. The criteria for approval of subdivision with respect to consistency with lot sizes in the surrounding area, as set forth in Section 29.5-8 sub -sections (c) and (d), are somewhat vague and, therefore, need clarification; B The amendments are exempt from the California Environmental Quality Act, pursuant to Section 15061(b)3 of the CEQA guidelines, as they only involve clarification; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby ordain that the Municipal Code, Chapter 29.5, Subdivision of Land be amended as follows: SECTION 1. Amend Section 29.5-8, sub -section (c) and (d) to read as follows: `(c) The proposed. subdivision will in no way be.etrime l -to the surrounding prevailing lot pattern or tend to reduce property values in the surrounding neighborhood area. (d) The size of the proposed lots is not smaller than the prevailing lot size ii :=the-afe t -i --Nvl e -h -they -;arc located. within the same zone and general plan designation within a 300' radius, provided, however, that all such lots used in the comparison shall be in the same neighborhood area" SECTION 2. Amend Section 29.5-8 by adding the following paragraph after sub -section (g) "For purposes of the section "neighborhood area" is defined as the block or group of blocks, within the same zone and general plan designated area, being located within clearly defined common boundaries. Boundaries shall include arterial or collector streets, parks or open space designated areas (such as the "greenbelt"), or significant topographical features such as hillsides" SECTION 3. This ordinance shall become effective and in be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 4. 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. 6 10 11 12 13 14 15 16. 17 18 19 20. 21 22 23 24 25 26 27 28 29 SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance,: shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the procccdings of the City Council at which the same is passed and adopted. KR/ccrslot PASSED, APPROVED, and ADOPTED this day of , 1995, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY the department and to approve the 30 day extension of the temporary appointment of a Clerk Typist for the Fire Department to fill a position vacant. due to a medical leave. (f) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING SPECIAL STUDY TO CONSIDER TEXT AMENDMENTS TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE, CRITERIA FOR THE APPROVAL OF SUBDIVISIONS.Memorandum from Community Development Director Sol Blumenfeld datedFebruary 21, 1995 This item was removed from the consent calendar by Mayor Benz, for resident Betty Ryan, for further discussion later in the meeting. City Manager Burrell responded to Council question's. Coming forward to address the Council.on this item was: Betty Ryan - Monterey Blvd., said she had asked for a definition of certain terms, but had not received one; asked that the Council give a precise definition to the term "neighborhood". Action: To direct staff to prepare a text amendment to Section 29.5-8 of the. Subdivision Ordinance, "Criteria for Approval of Subdivisions", with the further direction for staff to include the various options discussed regarding a definition of neighborhood. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (g)•, RECOMMENDATION TO ADOPT THE FOLLOWING RESOLUTIONS: This item was .removed from the consent cal--dar by Councklmember Edgerton for further discussio later in the meeting 1) Action: o.adopt Resolution No. • -5721, entitled, "A RESOLUTION OF THE CITY COUN' L OF THE CITY OF HERMOSA BEACH >CALIFORNIA, SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALI ORNIAAILITARY FACILITIES." Motion Edgerton, second Reky. The motion carried, noting the dissenting vote' of j ayor Benz. (This action was taken after the meeting reconvened at 8:32 P.M., but is shown in order forVclarity.) r Coming forward to address the Council on this` -item was: Shirley Cassell - Hermosa Beach, said the nightly news had said that the El Segundobse was not on thelist slated for closure. Action: To adopt Resolution No. 95-5722., entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY DF City Council Minutes 02-28-95 Page 8741 !,y 1 .71447 , AC 1 ,es • a w �.31F4 ,e. . 10_,9{n __ a• s, f:- e,1- I 34 of /37 4:1 .:.. 9.. i /0 1:11 .11.�• /3 14 R ,AC': ••0 snrj • :PA•R. .6 ✓ f A. LI C 161 LK SC , 11 ' 12' k v..3.„ .I' 13 14 .• 25 1'. 2 j� ,.- • F = t9 b ; II 6 304 ab � 30P 31• +: - 19 = II 3 .MIS i.1. y' 99 p NERNE t /. /cls t art'. �.!! • ,Y Y Adress: 588 20th Street Lot Size: 16,059 Sq. Ft. (120.75`X 133) Potential Subdivision: 3 Lots, 5353 Sq. Ft. 2 lots, 8030 Sq. Ft. Each Each No. Lots within 300' within neighborhood area: '60 Lot Sizes (sq. ft.) Number > 10,000 5 7,000 - 9,999 7 6,000 - 6,999 20 5,354 - 5,999._ 5. 5,000 - 5,353 4,000 - 4,999 13 10 The proposed 3 -lot division @ 5353 Sq.Ft. would result in lots smaller than the prevailing lot size, as 37 of 60 exceed that size. A'. 1 4,0 • E 7 5 r ft a5 r/ a /7 // 9 7 5 3 yy' - • f/ACATgb Hi- c ir. AM..- rst ` { ave. C 70 wsr d b , :' N rr REQ re,L ,F- Q v� a .1 to n "' 1 z S1It . m, /3 ro o _ _ e ti 11, ,•.2 MOQ�•p-..d7r0�- 414- .3,J 77 75 33 3, 7,11 Z7 Adress: 613 30th Street Lot Size: 8,900 Sq. Ft. (84.3 X 105.6) Potential Subdivision: 2 Tots, 4450 Sq. Ft. Each No. Lots in same zone (R -2B) within. 300' and within neighborhood area: 15 Lot Sizes (sq. ft.) Number 8900 1 5597 1 5280 13 The proposed 2 -lot division @ 4450 Sq.Ft. would result in Tots smaller than the prevailing lot size, as 15 of 15. exceed that size. 7 Adress: 631 Porter Lane Lot Size: 9000 Sq. Ft. (130' frontage) Potential Subdivision: vISED TO SEPTEMDE@ 1954. MARTIN -.M DENN CITY ENGINEER 2 lots, 4500 Sq. Ft: Each No: Lots in same zone (R-1) within 300' and within neighborhood area: 39 Lot Sizes (sq. ft) Number > 6,000 16 5,000 - 5,999 19 4,501 - 4,999 3 The proposed 2 -lot division @ 4500 Sq.Ft. would result in lots smaller than the prevailing lot size, as 38 of 39 exceed that size. 411 '11 te,ng 134 '5' .. 144 vncor" J t. Survey of Surrounding City's Subdivision Ordinances: Neighborhood Consistency Provisions CITY Neighborhood Consistency Provisions with respect to lot size Manhattan Beach None Redondo Beach In purpose section: "assure lots of a size commensurate and compatible with the size of lots in the immediate vicinity". Also the Commission may disapprove a subdivision if it finds that "the parcels would be detrimental to the surrounding subdivision pattern, orientation, or configuration, and/or be smaller than the prevailing parcel size in thesurrounding area" Hawthorne None Torrance Mean Average Size within 300' radius of project site of properties within the same zoning and general plan designation Section includes Planning Commission discretion to allow exceptions to the rule Palos Verdes Estates None 575 20th Street Hermosa Beach, CA 90254 March 1, 1995 To: Hermosa Beach Planning Commission From: Jack M. Miller 575 20th Street RECEIVED MAR 0 1 1995 PLANN1=O CLPT. Subject: Text amendments to section 29.5-8 of the Subdivision Ordinance. At your January 17, 1995 Planning Commmission.meeting the Commission agreed on how to respond to the City Council's request that you "consider amendments to section 29:5-8 of the Subdivision Ordinance, criteria for the approval of subdivis ions " . The Commission's basic rests}nse to the City Council "action item" vas that: the existing language is clear and well constructed in that it provides flexibility by listing factors for considering neighborhood consistency that the Commission is comfortable with the phrase."prevailing lot size"; and that the term "area" is a necessarily' broad and generic term which recognizes that neighbor.hoods or districts can differ dramatically, and that lot sizes and shapes can vary considerably, requiring judgement on a case by case basis.` Last night at the. City Council meeting Betty Ryan was successful in getting the Council to agree to ask the Planning Commission/Planning Department for suggested language changes within the Ordinance which would more precisely_ define the term "area" ie, geographic area. This is a reasonable request, but we feel it will be difficult to improve upon the existing wording because of the topographical and neighborhood differences within Hermosa Beach. In the case of Mrs. Ryan's property on 20th Street, which she would like to subdivide into three 40 foot lots vs the two 60 foot lots for which she now has City approval, I don't see how any reasonable text change regarding. "area" couldenable her to persuade the City to agree to her proposed three lot subdivision. By the Planning Department's own data, over 75%.of the lots in her "urea", no matter how reasonably you define "area", have frontages that are 50 feet or greater. The -1si1r of frontace width was (and still is) . the basis of Mrs. Ryan s neighbors' resistance to her proposal in.1990 to subdivide into three 40 foot lots, and was:also the basis of the City's decision to:agree to a two lot 60 foot subdivision: Her neighbors had. (and still have) no objection to a two lot split; a three lot split was (and still is) adamantly opposed. Our sole interest in opposing her.proposed three lot subdivision was, and still is; .to` preserve the unique character and integrity of our Valley area "neighborhood So much for background The puipose of my writing you is to request that, during your deliberations 'On the subject, you consider including in -any text change proposals you comp up with a more definitive rreaning.of,the term "prevailing lot size" As presently written the only definitive quantitative requirements in the Ordinance are that lots may not be smaller than 40 feet in width and cannot be less than 4,000 square feet in area. Mrs. Ryan seem to feel that as long as she meets these minimum criteria, she should be able to do a three lot subdivision of her 20th Street property, regardless of how the resulting lots would compare with the "prevailing lot size" within the rest of the neighborhood; ie "area". To eliminate this ambiguity, we would like to propose that the term prevailing lot size" be clarified to explain that "lot size" refers to both lot area and. lot frontage width (and, perhaps, lot depth); The present wording (to us laymen) could be interpreted to mean only the square footage (area) of the lots. While it appears that the City has consistently taken. frontage width into account along with lot square footage on past subdivision proposals, we believe that this clarification of the meaning of "prevailing lot size" would help to eliminate some of the questions about the intent of the Ordinance. In summary, we believe that the foregoing proposed clarification of the meaning of "prevailing lot size" to specifically include frontage width; in addition to lot square footage, would help to clarify the Ordinance's "somewhat vague and unclear" language. Please feel free to call me at any time at 376-3871 if you would like to discuss this with me. ctfully, M. Miller (; Date:4-3-9 6:Michael chu ac i Planning Division Ui- • Fax Number:372-6186 From:Lawrence 0. Fiordland ....... Our: Phone: 310-372-1262 Our Fax: 310-3794042 1,lii !►l;r.1c=:11:;111 No. of pages including cover page:2 Messapsi Mi Schubach: Fwrst, please include my attached letter in the agenda packet for the public hearing. Second, to put a end to the discussion on prevailing lot slave or neighborhood in this ordinance ,just designate the "Valley- area" as a neighborhood or create a new low density zoning for the said. area. From my knowledge the only lot splits presentedto the City recently, have been in the "Valley at -ea i0 V r !Very truly " yours, Larr, L Fordiani RECEIVED APR 4 1995 PLANNING DEPT. Please call if you experience any transmission problems. April 3, 1995 Lawrence 0. Fordiani 590 19th Street Hermosa Beach, Calif. 90254 City Council of Hermosa Beach c/o Michael Schubach, Planning Division 1315 Valley Drive Hermosa Beach, Calif. 90254 Re: Public Hearing, Section 29.5-8 of the subdivision ordinance Gentlemen: I'm writing concerning the public meeting relating to subdivision ordinance and the definition of "Neighborhood Area": RECEIVED APR 4 1995 PLANNING DEPT. *'7 1 reside with my family in the "Valley area" of Hermosa Beach and have a interest in any changes in the subdivision ordinance that would present a negative impact on my neighborhood. The "Valley area" is a low density area with prevailing lot sizes at approximately 6,000+ square feet. Most people who live in the "Valley area" moved there because of the unique character and ambience of the neighborhood. This is in sharp contrast to the high density situation which exists in most other areas of Hermosa Beach. Concerning the definition of "Neighborhood Area"; American Heritage dictionary defines it as "a district or an area with distinctive characteristics". With this definition any potential Subdivision in. the "Valley area", should be judged on the prevailing conditions in the "Valley area" and not from high density boundary areas. Upholding past decisions by previous City Council's and Planning Commission's will preserve this unique area called the "Valley area". Very truly yourss. Lawrence 0. Fordiani Hermosa Beach Homeowner April 5, 1995 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 11, 1995 VISION HERMOSA: REQUEST TO CONDUCT A FREE BEACH CONCERT AND FUND-RAISER IN CONJUNCTION WITH THE 4 -WOMAN PRO VOLLEYBALL TOURNAMENT Recommendation It is recommended by staff that Council: Approve the concept of an evening concert to be held south of the Hermosa Beach Pier from 6 p.m. -10 p.m. on Saturday, May 13, 1995 (sponsored by FM 101.9). 2. Approve the concept of a fund-raiser (micro -brewery beer tasting) to be held in a tent on Parking Lot B with date and hours to be determined. Direct staffto coordinate event logistics and security issues between C.E. Sports and Vision Hermosa. 4. Direct staffto return to Council with police review and event contract. Background At the March 14, 1995 meeting, City Council approved a slate of special events to be held on the beach. At that time, Council Members expressed an interest in expanding the use of special event stadiums to provide additional hours of activity with the objective of providing downtown merchants with additional benefits from these commercial events. C.E. Sports and Entertainment will be presenting the 4th annual 4 -Woman Professional Volleyball Tournament on May 13-14, 1995. This off-season event draws approximately 3-5,000 spectators with the majority of the fans arriving on the Sunday of each tournament. Vision Hermosa is a non-profit organization whose mission it is to raise funds for the revitalization of downtown Hermosa Beach. They presented staff with a request to proceed with planning a sunset concert and fund-raiser featuring a "tented" area for a micro -brewery beer tasting event. Analysis Because of the short duration of this particular event, there are logistical details that would make staging a concert in the stadium a difficult endeavor. As such, staff recommends that the concert be staged south of the Pier allowing Vision Hermosa to assemble and stage the event in a timely fashion. It will also permit the concert to begin immediately after the tournament; encouraging volleyball spectators to stay for the evening's event: While there are clearly a number of logistical issues to review and approve, Vision Hermosa and staff did not wish to proceed with event planning absent a conceptual. approval from the Council. Attachment A frames the operational and security issues that need to be completed in order for the event to be presented for final Council review. It is important to note that the newly adopted ordinance regarding the consumption of alcoholic beverages on public property, requires Council approval of this type of request (Attachment B): The policy guidelines (Attachment C) adopted by Council on October 25, 1994 name lower Pier Avenue as the approved location for these events. Since the presence of the tournament would make the use of lower Pier Avenue an impossibility, Council may wish to consider the approval of the Lot B location for this particular event. As a "first attempt" at expanding the impacts of these commercial events, the 4 -Woman Professional Tournament is a good starting point. As indicated above, the spectator draw for this tournament is modest and the event takes place in the "off-season." If it is successful, there may be opportunities to plan activities for some of the remaining commercial events for the 1995 season. If the concept is approved by Council, a detailed plan and contract will be drafted for review at the April 25, 1995 meeting. As a Hermosa Beach based non-profit organization, all event fees are waived. All direct costs (such as Police, administrative fees, clean-up, insurance and security will be the responsibility of Vision Hermosa. Estimated fees: Police fees $3,000 Admin fee $300 Parking Lot TBD Amplification Permit $38 Insurance requirement: $2 million Concur: Step en . urrell City Manager Respectfully Submitted, Mary • oney, Director Co unity Resources Dept. ISSUES TO BE REVIEWED: VISION HERMOSA SUNSET CONCERT AND FUND-RAISER CITY COUNCIL SET-UP/TEAR-DOWN TIMES CE. SPORTS AND ENTERTAINMENT COORDINATION WITH CE SPORTS SET-UP/TEAR-DOWN POLICE DEPARTMENT REVIEW & STAFFING PRIVATE SECURITY FORCE DOWNTOWN MERCHANT SIGNATURES STAGING AND USE OF STADIUM ABC PERMIT ALLRIGHT PARKING POLICE HOURS OF EVENT/ NEIGHBORHOOD AND, MERCHANT COMPATIBILITY COMMERCIAL SPONSOR COMPATIBILITY WITH CE SPORTS INDEMNIFICATION ISSUES FOR USE OF CE SPORTS STADIUM PUBLIC WORKS NEEDS INSURANCE REQUIREMENTS FINALIZE FEES: • POLICE • PUBLIC WORKS • ADMINISTRATIVE • AMPLIFICATION PERMIT . . . CONTRACT ISSUES: CLEAN-UP PORTABLE TOILETS SECURITY REQUIREMENTS SET-UP AND TEAR DOWN REQUIREMENTS INDEMNIFICATION INSURANCE FEES EVENT HOURS GATE CONTROL AT TENT PROTECTION OF CE SPORTS ARENA ATTACHMENT A: 4/5/95 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING CHAPTER 21 OFF"ENSES-MISCELLANEOUS, SECTION 21-23 OF THE HERMOSA BEACH MUNICIPAL CODE, REGARDING CONSUMP'T'ION OF ALCOHOLIC BEVERAGES ON STREETS, PLAYGROUNDS OR PLACES OPEN TO 1HE PUBLIC. 9 WHEREAS, the Hermosa Beach Municipal Code, Chapter 21 Offenses, Miscellaneous, 10 Section 21-23. Consumption of alcoholic beverages on streets, playgrounds or places open 11 to the public prohibits the drinking and opening of containers of alcoholic beverages upon any 12 street, sidewalk or parkway, park playground, or in any public place, or in any place open to the 13 patronage of the public, when not licensed for the consumption of such liquor, 14 WHEREAS, the City Council is desirous of allowing consumption of alcoholic beverages 15 on certain city owned outdoor public facilities subject to a permit approved by the City Council i6 when requested by qualified nonprofit groups only; 17 WHEREAS, the City Council is desirous of clearing up the ambiguity that currently exists 18 regarding the licenses and permits required for fully enclosed city owned public facilities (i.e. 19 buildings) and outdoor city owned public facilities; 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 21 CALIFORNIA, DOES ORDAIN AS FOLLOWS: 22 SECTION 1. That Chapter 21, "OFFENSES -MISCELLANEOUS Section. 21.23. 23 Entitled "Consumption of alcoholic beverages on streets, playgrounds, or places open to the 24 public" of the Hermosa Beach Municipal Code shall be and hereby is amended by adding 25 additional subsections (g) and (h) to read as follows: 26 "(g) The above provisions of (a) and (f) shall not apply to fully enclosed city owned public 27 facilities (i.e. buildings) when a License has been obtained for the consumption of such liquor. 28 (h) The above provisions of (a) and (f) shall not apply to outdoor city owned public 6 10 12 13 14, 15 16 17 18 19 20 21 22 23 24 25 facilities when a license has been obtained for the consumption of such liquor and '.when:;a permit has been -approved by the City Council. Application for said permits may be made only by qualified nonprofit organizations. Guidelines for said permits shall be adopted by Resolution of the City Council and authority for permit issuance may be delegated to a particular Department of the City.` if permit issuance is delegated to a particular Department of the City, appeal may be made to the City Council and a Hearing held thereon. The decision of the City Council shall be final." Section 2. That this ordinance shall take effect thirty (30) days after the date of its adoption. Section 3. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach. PASSED, APPROVED AND ADOPTED this 25th day of October, 1994. by the following vote: AYES: T Bowler, Edgerton, OAkez, Pev Lczky, 1ayor Benz NOES: None ABSENT: None ABSTAIN: None President of the City Council ayor of the City of Hermosa Beach, California Al IEST: APPROVED AS TO FORM: City Clerk 26 27 City Attorney GUIDELINES FOR ,IRE CONSUMPTION AND SALE OF ALCOHOL IN, CITY BUILDINGS,: PARKS AND OUTDOOR AREAS • t • .N...r ..l:Y ...T �••i.:. L alt`'. ``::-=.ii.� "' : .'l, F nt= ._ .._�'c.i' a•'_. ,J bLry If Tai r The policy guidelines below shall be used by the Department of Community Resources in issuing any and all permits that include a request for the consumption of alcohol in City parks, buildings and outdoor areas: 1. Public Buildings: A. Private parties / Commercial groups: Individuals and groups requesting the use of public buildings for private parties can serve (but not sell) alcohol at approved functions. Approval shall be made through the Department of Community Resources subject to all of the terms and conditions of our facility reservation policies. B. Non-profit Organizations: Officially registered non-profit organizations requesting the use of public buildings can serve alcohol at approved functions. Subject to the issuance of an ABC permit, the Department of Community Resources may approve events that include the sale of alcoholic beverages in public buildings subject to all of the terms and conditions of our facility reservation policies. C. City. functions: Officially sponsored City functions aresubject to the same terms and conditions as listed for non-profit organizations. 2. Outdoor areas: A. Private parties / Commercial groups: Shall be prohibited from applying for the use of any outdoor facility or park that would include the consumption or sale of alcohol. B. Non-profit organizations: Officially registered Hermosa Beach -based non-profit organizations (see definition in item E below) may apply to the Department of Community Resources for the use of any outdoor area listed under item D below for any event that includes the consumption or sale (subject to ABC approval) of alcohol. Application for this use shall be made as part of a special event permit application which shall be subject to review and approval by staff and the Parks, Recreation and Community Resources Commission. Appeals may be made to the City Council whose decision is final. C. City functions: Officially sponsored City functions are subject to the same terms and conditions as listed for non-profit organizations. D. Approved locations: Subject to review and approval, the outdoor areas listed below are approved for events that may include the consumption or sale (subject to ABC approval) of alcohol: Pier Avenue from Hermosa Avenue to the Strand. Clark Stadium Field. Hermosa Valley Park. South School Park. Community Center grounds. E. Hermosa Beach -based non-profit organizations: Shall be defined as officially registered non-profit organizations with a non-profit identification number whose address is in Hermosa Beach. Exceptions may be made for non-profit organizations that are based outside of the City but who provide direct services to Hermosa Beach residents. All applicants are subject to the terms and conditions listed in applicable Facility Reservation and Special Event Policies and Ordinances including fees and insurance requirementp. All applicants are subject to regulations and must comply with all requirements from the Department of Alcohol Beverage Control. All applicants agree to be fully responsible for ensuring that event participants and organizers are not served excessive amounts of alcohol and do not endanger themselves' andlor-olhe',s by -operating a motor vehicle under the influence of alcohol. All applicants agree to be fully responsible for 'ensuring that no person under the age of 21 can purchase or drink alcohol at the event. I tr 1-73 a-1) Se‘. U -., (-1////qS Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 11, 1995 PROPOSED TRAFFIC SIGNAL AT THE INTERSECTION OF AVIATION BOULEVARD AND OCEAN AVENUES Recommendation: It is recommended that the City Council approve the implementation of a proposed traffic signal at the intersection of Aviation Boulevard and Ocean Avenue with thestipulation that the signal be wholly funded by private resources. In July 1993 a report was prepared for Ralph's grocery by WPA Traffic Engineering Inc. which reviewed the potential for signalization of an intersection along Aviation Boulevard east of the Park Pacific Shopping Center. The intent of said, signal as stated in the July 23, 1993 report was to "provide gaps in traffic and aid drivers entering and exiting the site". The traffic engineering consultant agreed that signalizing either Aviation/Owosso or Aviation/Ocean would provide the gaps in westbound traffic that would ease the left turn movements into the center. The City Traffic Engineer was in agreement with either of the sites, but corresponded to the traffic engineering consultant that an entire study of the Aviation corridor would be beneficial. This study would look at access control, a raised median with landscaping along the corridor (a suggestion by several members of the Planning Commission) and advantages and disadvantages for either location selected for signalization. Various correspondence followed between the City staff and the consultant. The essence was that the expanded study should in part be funded by the City. The City believed the consultant should wholly fund the expanded study. The traffic consultant produced another alternative report for signalization on November 16, 1994. This alternative was rejected. However, it prompted meetings between the City Manager, Public Works staff, and representatives from the traffic engineering consultant, Ralph's and Park Pacific Shopping Center. This is the January 4, 1995 meeting that Mr. Roger Bacon discusses in his letter dated March 22, 1995 to the City Manager. At this meeting it was agreed the progression warrant for traffic installation was met at the intersection of Aviation/Ocean. The Public Works. Director and City Traffic Engineer agree that the most logical location for an Aviation Boulevard traffic signal is at Ocean Avenue. Reasons for this location are as follows: - Gaps would be created for the westbound left turn into the Park Pacific Shopping Center. There may be some gap advantage for left turners emerging from Aubrey Court. (This location is listed on the City's high accident location list). The problem is the difficulty of left turns emerging into Aviation. The solution is to prohibit the Ieft turns out of Aubrey and/or eliminate the curb parking along Aviation. - The uncontrolled pedestrian crossing that now exists with a flashing yellow beacon would be signal controlled, thus providing a better walking environment: There have not been any pedestrian accidents at this location, since the flashing beacon was installed. However, there have been complaints from the public that drivers are not yielding to the crossing pedestrians. Travel speeds along Aviation may be progression. Discussion: controlled better with a signal The above mentioned advantages are a benefit to all parties. It is the traffic engineers opinion that while there is merit to this installation, there are other locations within the City that are of a higher priority when vying for City funding. The most notable is the need for separate left turn phasing at the Aviation/Prospect intersection. Next is the need to replace the control equipment along Hermosa Avenue at Fourteenth Street. 'It is antiquated and a maintenance nuisance. For unsignalized intersections there is Pier/Valley/Ardmore. These two locations are warranted on a traffic volume basis as well as accident basis. Likewise, the Gould/Valley/Ardmore intersections are also warranted for signalization on a traffic volume basis. The traffic volume warrants are "stronger" than the progression warrant from the engineering importance level for implementation. Thus, it is our belief that while there is merit for the Aviation/Ocean signal there are higher priority locations in the City that should be considered funded by City funds prior to this, project. Respectfully Submitted, Concur: dtmv aAa_at, Edwar. Ruzak Amy irani City Traffic Engineer Director of Public Works ty/erao Stephen' Ft: Burrell City anager RALPHS SHOPPING CENTER ROGER BACON P.O. BOX 282 REDONDO BCH. CA. 90277 March 22, 1995 Steve Burrell, City Manager City of Hermosa Bch. Civic Center 1315 Valley Drive Hermosa Bch, Ca. 90254 Dear Mr. Burrell; This letter will officially notify you that I would like to be heard on the April 11, 1.995 City Council meeting`to ask the approval -of partial funding of a four-way signal to be,placed at the intersection of Pacific Coast Hwy. and Ocean Ave. in Hermosa Beach -.(Funding through gastax revenue.) Traffic pn Aviation Blvd.' from Pacific Coast Hwy.. to Prospect is a very dangerous corridor to pedestrian and auto traffic. This can be -verified by questioning ,merchants and pedestrians on said corridor. After numerous.: traffic studies by Weston Pringle and Associates,:Traffi-c Engineering, Inc. 680 Langsdorf• Zr... Suite 222, Fullerton Ca. 92631, Phone No. (714) 871-2931, and working with Amy .Director of Public Works-, your -outside Traffic Engineer, Ed: Rusak, yourself, City Manager, Ralph's Vice President of Construction; Jim Tessler and. myself, at a meeting, January 4,-1995 at 11:00 A.M. in my office, it'was determined that the above traffic signal met progression warrant. This was also supported by Amy Amirani:s letter to me dated Januaryl7, 1995, here -on attached. Sincerely, Honorable Mayor and Members of the Hermosa Beach City Council Regular. Meeting of April 11, 1995 SUPPLEMENTAL INFORMATION REGARDING TRAFFIC SIGNAL AT OCEAN AVENUE ON AVIATION BOULEVARD AS REQUESTED BY ROGER BACON Purpose: To provide some additional information concerning funding for this signal. Background: Public Works has listed other areas that might be considered higher priorities for traffic signal installation. It is important to point out that none of these projects are currently funded. As you know, the staffis working on the 1995-96 budget and it will be completed next month. Considering the several priorities that compete for gas tax funds, it is not possible to tell, at this time, whether the funding of any traffic signal installations or upgrades will be included in the budget. Mr. Bacon, in a telephone conversation with me, estimated the total cost of the signal installation to be between $110,000 and $130,000.. He is requesting that the City Council consider a $30,000 contribution. It is entirely appropriate for the City Council to allow the private property owners to pay for the signal installation. This is a fairly common practice, and other nearby property owners could also contribute. Recommendation: That the City Council approve the installation of the signal as recommended by the Traffic Engineer provided its cost is covered by property owners. Respectfully submitted, Stephen R. Burrell City Manager 4-eP -61— 3)4:2` - - w e-�'- 170//y,5- Honorable Mayor and Members of the Hermosa Beach City Council SUBJECT: PURPOSE: March 28, 1995, Regular Meeting of April 11, 1995 WALK STREET WALL, LANDSCAPE & FENCE HEIGHT, DESIGN STANDARDS AND PERMIT REQUIREMENTS TO DETERMINE IF ENCROACHMENT PERMIT REQUIREMENTS AND DESIGN REQUIREMENTS UNDER SECTIONS 29-31 THROUGH 29-3.8 OF THE MUNICIPAL. CODE SHOULD BE ENFORCED OR AMENDED RECOMMENDATIONS: To direct staff as deemed appropriate relative to fence/wall' height and design standards and permit requirements along walks streets. BACKGROUND: The City currently maintains permit requirements for walls and fencing along the public right -or -way and private property. The Public Works Department issues encroachment permits on public property and the Community Development Department issues building permits to construct a fences and walls on private property. Certain fees and design standards apply to both encroachment permits and building permits. The City's walk streets are considered unique areas with special design considerations. However, a survey of fence heights along all walk streets was recently conducted and of 304 fences identified, 47 were out of compliance. The walk street areas that were most out of compliance were 30th and 31st Streets. Approximately 1/2 of the fences along 30th and 31st Streets are out of compliance with the City's encroachment design standards. Many of these fences were constructed without permits. The City has received complaints about fencing which is out of compliance and it is necessary to evaluate whether the current design standards should be maintained, given the lack of conformance or whether the design standards should be eliminated or amended. Fence/Wall Height Fence/wall height is permitted to a maximum of 36" on public and private property. Fence height exceptions vary under the encroachment permit and building permit process. Encroachment permit exceptions are granted by the City Council, however, exceptions to fence height through building permits are granted through a Variance by the Planning Commission. Fence height is measured from the sidewalk level for encroachment permits and from the finished grade or finished surface for building permits. A 42" high guard rail is permitted around a 12" height deck and a retaining wall. The maximum retaining wall height is 36". If a wall is protecting a cut, it may exceed 36". Design Requirements Under the Zoning Ordinance and Municipal Code, fencing is required to be 40% open. For property where there are retaining walls, fencing height is guided by the Zoning Ordinance and the Building Code and such fencing is still required to be 40% open. Retaining walls cannot be plain gray block under the Zoning Ordinance, however, the Municipal Code does not stipulate a material for encroachments. Landscaping is required for a minimum of 1/3 of the encroachment area when enclosed by extensions of the two side property lines and an encroachment permit for such landscaping is required through the Public Works Department. The landscape plan must be approved by the Public Works and Community Development Department. In addition, there are special corner cut design provisions under encroachment permits. Permitting Constructing a fence on public property requires an encroachment permit through the Public Works Department as fencing is only permitted to be 3' in height and building ( permits are only required for fencing in .excess of 6'. Retaining walls require a building permit on private property, but only require an encroachment permit on public property. Given the variation in conditions along walks streets and the number of fences out of conformance with current design standards, the Council may want to consider amending the Municipal Code and/or ensure consistency with the Zoning Ordinance on wall/fence design issues. 1r..`. L [iia o : umen 1-ld, ,► irector Community evelopment Department Unavailable for signature Amy Amirani, Director Public Works Department Attachments: 1. Survey of Fences on Public Right -of -Way CONC Steve; rrell, City Manager ............... 1:•:i-i:Y.4a:�.uiiiiii 30th, 201 - 351 30 12 15 3 26 31st, 203 - 358 33 16 16 1 19 26th ** 2 2 25th ** 2 2 24th * * 2 2 23rd** 4 2 2 22nd, 19 - 25 3 3 21st, 17-47 10 10 20th, 17-68 17 17 19th, 17 71 23 23 18th,7-98 26 26 17th, 20 - 94 25. 25 16th, 16-97 26 26 9th, 19-66 14 11 3 8th, 19-70 16 16 7th, 17-57 6th, 18-61 15 14 1 17 16 1 5th, 18-56 14. 3 4th, 19-47 12 11 1 3rd, 18-35 9 8 1 1st** 4 4 * Retaining walls counted separately.. ** No lots facing street, first block. Total number of fences, 304 Total number of fences 3 feet and under, 257 Total number of fences over 3 feet, to 6 feet, 43 Total number over 6 feet, 4 BEACH CITIES DERMATOLOGY MEDICAL CENTER WILLIAM J. WICKWIRE, M.D. CERTIFIED. AMERICAN BOARD OF DERMATOLOGY DISEASES OF THE SKIN. HAIR AND NAILS 04/06/95 Sol Blumenfeld City of Hermosa Beach Valley Drive Hermosa Beach, CA., 90254 Dear Mr. Blumenfeld: Enclosed is a copy of a letter that I sent Ida Bird at 248 31st St. expressing my personal wishes for dealing with her front yard encroachment on 31st St. The letter illustrates a few points about why 1 feel the way I do about front yard encroachments. Furthermore, I have enclosed the text of a resident survey/poll/petition which is presently circulating on the street. Most people, except a few with high fences, are in approval of these guidelines. I have spoken to Ms. Bird and she does seem intent on showing that .Hermosa Beach has been inconsistent in its enforcement over the years. For this reason, I feel that the city and the city council need to reiterate the importance of enforcement. I personally do not like the presumption used by Ms. Bird that since some people have not been caught in building high fences, that others must now be allowed to do the same; this argument is like getting caught speeding and then contending that others were speeding too. Here is the text of the poll: RESIDENT OPINION SURVEY & ADVISORY We, the undersigned residents of the walk street portion of 31st Street, wish to advise the city and the city council that it is our wish for our street to keep the height of fences and other permanent construction on front yard encroachments as close as possible to the three foot limit currently in effect. It is our intent to maintain an open visual appearance; we - wish to urge a reasonable approach rather than exactly measuring every fence or structure. We understand that some tall items, such as light posts, decking, sculptures and trellises, give architectural interest to the street and that these items are desirable even if not technically low in stature; we desire that these items be non -massive in appearance. 520 NORTH PROSPECT AVENUE SUITE 302 REDONDO BEACH, CA 90277 310-798-1515 FAX: 310-798-3131 We also understand that some fences should be allowed to be taller as long as they maintain an open visual appearance. We desire that the city role be to encourage residents to work with other residents on the street to compromise, if the exact rules and regulations are not met (as in the situation of a variance). If compromises cannot be made, then we desire that the city enforce the current code. It is not our intent to force removal of older fences, but rather to urge the enforcement of compliance over time as older fences need to be rebuilt. We desire to enforce these goals with regard to new fences currently being constructed on the street (for example, 242 and 248 31st). So that the issue of ignorance of the law does not come up, we further request that the city require disclosure of these requirements to: 1) new residents of the street by realtors and sellers, and 2) current residents & owners of rental properties by way of a mailing or official flyer which can be distributed by residents of the block. Please -incorporate this letter and .the letter sent to Ms. Bird in your packet of information that you present to the city council. Please make it as clear as possible that some people on the street are extremely upset that others on the street are flaunting the city code and the two-phase encroachment permit and building permit processes. Sin, rely, Wil m J. Wickwire, M.D. Wednesday, April 5, 1995 248 31st St. Hermosa Beach, CA. 90254 Dear Fellow 31st Resident: Your fence could have been so much more sensitively designed and still have given you the privacy you desire. For example, you could have used a trellis, foliage, small gaps, with boards alternating on one side of the fence and then the other, angled boards to break lines of sight, horizontal instead of vertical boards, recessing it a foot with flowers in front, or ship's railings with removable canvas panels for privacy. Instead, your fence actually looks taller than it really is because of the long vertical boards all the way up from the sidewalk. I object not so much to the actual height as to the appearance of height. I suggest you go outside the fence and, as objectively as possible, check out how tall your fence looks. The suggestions above are ideas for modifying the situation. I am hoping that this appeal will help to change your mind, and that you will voluntarily make the necessary corrections. As is taught in Architecture 101, there is an aesthetic problem to a predominately vertical appearing fence on a narrow lot. Tall fences also create concerns about law enforcement and maintaining property values. Tall fences are inappropriate for a walk street because they make a front yard into a backyard. Your desire for privacy is the same as that of many people on the street. If I leave my front door open, you can look right into the master bathroom. I understand completely why you want to create a little courtyard. However, I am equally upset that you want to close out the spirit of openness that exists on a walk street by making your yard look so cloistered. In the process, you are lowering your own property value as well as mine; as with many things in life, this issue is partly about money. We have paid a premium for quaintness, and for the privilege of living on a walk street...not to live on a wind tunnel. I bought here expecting that with time, fences would.be lowered. Aileen told me that she told you. much of this and that you just didn't seem to care. So, you have continued to build despite being made aware of the feelings of others. When you act this way you do not bring out the best in your neighbors. Beyond the issue of mutual respect, maybe you don't realize that the front yard belongs to the city, so we don't really have the luxury of doing with them as we please. Many other older fences are also too tall, but as they are replaced they will also need to be lowered. Your fence is. precedent -setting because it is new construction. Good citizens and good neighbors respect each other. As your neighbor, I wish everyone on the block could be satisfied and living well together; I think that a compromise can be reached. I would hope you understand that sometimes you must subdue your personal preferences in favor of the greater good..and the spirit, if not the letter, of the city code. Please call me if you wish to discuss this further: 798-3131, then push 3 to transfer to my house. Sincerely, Bill Wickwire ���95 April4,, 1995 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council April 11, 1995 SUBJECT: PLANNING & PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE PURPOSE: TO CONSIDER PROPOSALS TO RECONFIGURE DOWNTOWN PARKING LOTS "B" AND "C" THROUGH A LAND EXCHANGE AND INITIATE A PRELIMINARY STUDY AND ESTABLISH A REVIEW PROCESS FOR CERTAIN PARCELS IN THE DEVELOPMENT OF A DOWNTOWN AREA PLAN & PARKING STRUCTURE Recommendation: That the City Council: 1. Direct staff to commence with special study of the Downtown area bounded by. 14th street to the west, Hermosa Avenue to the east, the Strand to the west and 13th Court to the south. 2. Direct staff to obtain property appraisals for City owned property in connection with the potential sale and/or exchange of land in order to better reconfigure parking on lots "B" & "C" and locate additional retail uses along Hermosa Avenue: 3. Establish a Preliminary Project Review process to more expeditiously review projects prior to proceeding with entitlements for Downtown projects. Background: The purpose of the area study is to ensure that public and private projects are well planned and conform to the City's plans for Downtown circulation. Several adjacent projects are currently in the planning stages which require comprehensive planning. The projects are bounded by the area shown on the attached map and relate to the proposed development of a parking structure on Lots "B" and "C". Staff is currently proceeding with preliminary negotiations with the County of Los Angeles relative to construction of a Downtown parking structure and has also had preliminary discussions with a private design/build parking structure company about the development of the structure. A developer has indicated renewed interest in a Downtown hotel project and the property owner of the Bijou Theater and Beach Market are contemplating redevelopment of their properties. (Please see Attachment 1). Analysis: In order to proceed with the proposed projects it is necessary to commence with preliminary planning for the area, incorporating project plans with area parking and circulation issues. It is also necessary to determine whether there are any other environmental issues which should be addressed relative to area development including preparation of a Master EIR. The proposed plan would be the first of three studies which could be quickly completed for the Downtown to ensure that public and private projects work well together. The parking structure project will require that the City initiate property appraisals in order to proceed. In addition, one property owner adjacent to Lots "B" and "C" is interested in carrying out a land exchange which might mutually benefit the owner and the City. The Bijou Theater building located at 1227-35 Hermosa Avenue must commence with plans for seismic retro -fit work in April. The owner has indicated that his theater tenant cannot maintain the theater operation and there is no other theater operator that will locate in the property as it is too small to accommodate a multiplex cinema. The owner is compelled to commence with seismic retro -fit work and is seeking to maintain and renovate the easterly portion of his building for a restaurant, retail and office use, and demolish the westerly 90 feet of the building which has significant seismic structural problems. The owner would like to explore the possibility of trading the westerly portion of his property to the City (which can be reconfigured with Lot "B" ) in exchange for the City trading an equivalently valued portion of Lot "C" to the owner for retail use. Such retail use along Hermosa Avenue is commensurate with the IBI Downtown Improvement Plan which calls for commercial frontage as part of the development of parking structures. (Please see Attachment 2). The land exchange should be based upon property appraisals for the City owned property along • Hermosa Avenue and the theater parcel. The proposed retail development along Hermosa Avenue can provide important aesthetic and financial benefits irrespective of the timing for construction of the parking structure, although the parking structure design and programmatic issues should be considered now as part of the proposed exchange transaction. With City Council approval, Staff will complete preliminary negotiations regarding the redevelopment of these parcels and conduct preliminary planning studies for the area to examine parking, circulation and other planning issues relative to area redevelopment. In order to streamline the review process, the proposed projects would be evaluated relative to the area plan and staff would provide a recommendation to City Council prior to proceeding with project entitlements. Sol : umenf;ld, Director Community Attachments: evelopment Department CONC Steve :lel 'City Manager 3F.i �i� it{r(Ck e y `V� N wY POTENTIAL ;14;, , PARKING yl .:, STRUCTURE �•R PROPOSED STUDY AREA CITY OF HERMOSA BEACH !COMMUNITY DEVELOPMENT DEPARTMENT PARKING USE / 1,4 NY sr* -111t4,41%,,- 4i,A,I..4,,,,A4. tViit 1. ` LAND EXCHANGE COMMERCIAL USE ',I11 f : uks4y HERMOSA AVE;, '^v LAND EXCHANGE CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT