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07/11/95
-79444 575'X)9 >2--, 6C#95 1/ 3Y,5 REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 11, 1995 Council Chambers, City Hall Regular Session - 7:00 p.m. MAYOR CITY CLERK John Bowler Elaine Doerfling MAYOR PRO TEM CITY TREASURER Julie Oakes John M. Workman COUNCIL MEMBERS CITY MANAGER Robert Benz Stephen R. Burrell Sam Y. Edgerton 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; Where there is no vision the people HERMOSA BEACH CITY COUNCIL AGENDA WELCOMEI By your presence in the City Council Chambers youaare.- participating - in theprocess of ` representative government. Yam -- government o -government, welcomes your interest and : hopes you - will attend theCity2 Council meetings often. Meetings are televised live on Multivision Cable Channel 3 and replayed-thewnexct� 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 : =My Manager's Office. If sent one week in advance, they will be included.: inthe::: Council's agenda packet with the item. If receivedafter packet compilation,::they- will be distributed prior to the Council meeting.. Oral communicationsiwitit - Councilmembers may be accomplished on an individual basis in person- oby- telephone, or at.' the Council meeting: Please see the notice under "albite_ Participation" for opportunities to speak before the Council. It is the policy of the City Councilthat 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. C1,‘ 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 assure accessibility to this meeting Note: City offices are open 7 A.M. to. 6. P.M.,'. Mon. - Thurs.; Closed Fridays. 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 :nom= 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+fo 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 Iaw-orb-- 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 50. 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-or7 organizations may formally communicateto 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 arid 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. AGENDA ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 11, 1995 - Council Chambers, City Hall 6:00 p.m. 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. . JOINT MEETING BETWEEN THE CITY COUNCIL AND THE HERMOSA BEACH SCHOOL DISTRICT BOARD OF TRUSTEES REGARDING PROPOSED PARCEL TAX FOR CROSSING GUARD SERVICES RECOMMENDATION: Review consultant's report, make any necessary changes, and direct City Clerk to prepare appropriate resolutions to place as a. ballot measure for the November 7, 1995 General Municipal. Election. 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 A:1AGT D95\0711a dJ.doc 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 ai-e requested to submit those comments to the. City Manager. WRITTEN COMMUNICATIONS Letters from Steven Hoel, Homeowner; Mark May, Mayco Construction; and Katherine Weebe, State Farm Insurance requesting a variance to build a 6 ft. fence on property located at 1910 Ardmore. RECOMMENDATION: Review request and provide direction to staff. 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 the following minutes: 1) Minutes of the Special meeting held on June 22, 1995 and, 2) Minutes of the Regular meeting held on June 27, ' 1995; Recommendation to ratify check register. Recommendation to receive and file Tentative Future Agenda Items. Recommendation to approve policy permitting lower Pier Avenue merchants to rent assigned meter spaces for $15.50 per meter per day for the purpose of selling food or goods during commercial events. Memorandum from Community Resources Director Mary Rooney dated June 28, 1995. Recommendation to deny the following claims and refer to the City's Liability Claims Administrator: Claimant: Date of Loss: Date of Claim: Travelers Insurance Company 1/4/95 6/8/95 Claimant: Glen C. Tull Date of Loss 4/28/95 Date of Claim: 5/1/95 Claimant: Mark G. Wall Date of Loss: January & subsequent storms Date of Claim: 6/8/95 Claimant: Gary Lee Pollard Date of Loss: 4/10/95 Date of Claim: 5/4/95 Recommendation to approve the Retrofit Financing Agreement between the City of Hermosa Beach and the West Basin Municipal Water District. Memorandum from Public Works Director Amy Amirani dated June 28, 1995. (g) Recommendation to adopt resolution in conjunction with the performance of an audit of Utility Users Taxes and Franchise Fees, authorizing the issuance of subpoenas, authorizing the execution of non -disclosure agreements, and designating Municipal. Resource Consultants and their agent as representatives of the City. Memorandum from Finance Director Viki Copeland dated July 5, 1995. (h) Request from the Downtown Enhancement Commission for authorization of a $3.600 contribution from the Downtown Enhancement Fund advertising account toward an architectural model of downtown. Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995.. . CONSENT ORDINANCES a. ` ORDINANCE NO. 95-1133: - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX" For adoption. Memorandum from City Clerk Elaine Doerfling dated July 5, 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. RESOLUTION TO INITIATE AB939 FEE OF. 5.50 PER MONTH. (Continued from meeting of June 27, 1995) RECOMMENDATION: Receive public testimony and adopt resolution. RESOLUTION AMENDING RESOLUTION NO. 90-4522 AND ORDINANCE AMENDING CHAPTER 7, ARTICLE 1, SECTION 7-1.3 HBMC RELATING TO SCHEDULE OF FEES FOR ISSUING OF BUILDING PERMITS AND BUILDING PLAN REVIEW. (Continued meeting of June 27, 1995.) Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995. RECOMMENDATION: Receive public testimony, adopt resolution and introduce ordinance. MUNICIPAL MATTERS REVIEW OF HEIGHT LIMIT EXCEPTION ORDINANCE RECOMMENDATION: Review and consider the following alternatives: 1) amend the height limit exception provisions so that the conditions for granting an exception are more precise; or 2) eliminate the height limit exception, thus restricting all buildings in the R-3 and R -P to 30 feet. (Unless a variance is granted) MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE MISCELLANEOUS ITEMS AND REPORTS CITY' COUNCIL NONE OTHER MATTERS - CITY COUNCIL Requests'from Council members for possible future agenda items: Recommended Action: '1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or 3) resolution of matter by. Council action tonight. a. Request by Council member Benz for consideration of a ballot measure to sell the Biltmore Park site and use the proceeds for ongoing infrastructure repairs and improvements. b. Request by Council member Edgerton to retire 4% UUT upon receipt and use of Prop A funds, and study feasibility of implementing a 2.5% UUT to fund Downtown Revitalization Project in lieu of increasing parking meter rates to $1.00 per hour. c. Request by Council member Edgerton to implement council policy to limit enforcement of parking in residential zones to only certain hours and, in no event, 24 hours. d. Request by Council member Edgerton for affirmation of prior council policy directing parking enforcement officers to cancel tickets if the driver of the vehicle pays the meter at the time the ticket is being written and before the officer completes the writing of the ticket and places it on the windshield. CITIZEN COMMENTS Citizens wishing to address the Council on. items within the Council's jurisdiction may do so at this time. Please limit commentsto three minutes. ADJOURNMENT A:\AGND95\0711 reg.doe P D MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 11, 1995,. at the hour of 7 :,3p P. M. j PLEDGE ' OF ALLEGIANCE - I /-'i ROLL CALL: Present: Benz, Edgerton, Reviczky, Mayor Bowler - Absent: Oakes 'ANNOUNCEMENT: 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 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 requested to submit those comments to the City Manager. Coming forward to address the Council at this time were: Com= 5 • V6- 4Y City Council Minutes 07-11-95 Page 8860 At 7:3 P.M. the order of the agenda was suspended 'to go to the public hearings starting with.item.4. (b) WRITTEN COMMUNICATION. 1) Letters from Steven Hoel, Homeowner; Mark May, Mayco Construction; and Katherine -Weebe,State. Farm. Insurance •requesting a variance to ,build a-.6 ft. fence on property located at -1910 Ardmore.: RECOMMENDATION: Reviewrequest staff. and provide direction to Coming forward to address* the Council.,on this item'was: Steven Hoel Action: To direct staff 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. Councilmember requests to remove, items from the consent calendar. (Items removed will be considered. under Agenda Item 3.;) and the public may comment "on the Consent Calendar items that have not been removed at this time. Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for charity; (a) Motion , second So -ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Special Meeting held on June 22, 1995;• and, City Council Minutes 07-11-95 Page 8861 Minutes of the Regular Meeting held on June 27, 1995. Action: To approve the minutes of the'Special Meeting of June 22, 1995 and the Regular Meeting of June 27, 1995 as ******** (b) RECOMMENDATION TO• RATIFY THE 'CHECK REGISTER NOS 3910 THROUGH -3971 INCLUSIVE, NOTING VOIDED CHECK NOS. 3910, ,3911, 3912, 3913, 3914, AND 3934. 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. ) RECOMMENDATION TO -APPROVE POLICY PERMITTING LOWER PIER AVENUE MERCHANTS` TO RENT ASSIGNED METER SPACES FOR $15.50 PER METER PER DAY FOR THE PURPOSE 'OF SELLING FOOD OR GOODS .DURING COMMERCIAL EVENTS. Memorandum from 'Community Resources Director Mary Rooney dated June 28 1995.7 (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk, Manager Robert Blackwood dated July 5, 1995. Action: Toapprove the staff recommendation to deny. the following claims and refer them to the City's Liability Claims Administrator: 1) Claimant: Travelers Insurance Company,; Date of Loss: 1/4/95 Date Filed 6/8/95 ,Allegation Alleges that wood chips and material from the Greenbelt flowed into drains thereby 'clogging them and causing garage at 414 Second Street to. flood. Claimant: Glen C. Tull Date of Loss: 4/28/95 City Council Minutes 07-11-95 Page 8862 /d1;k (7A- • e/9 29 7 2L� • Date of Claim: Allegation Claimant: Date of Loss: Date of Claim: Allegation Claimant: Date of Loss: Date of Claim: Allegation 5/1/95 Alleges that while backing his truck at the Community Center he struck a protruding pipe at base of retainer causing damage to his vehicle. Mark G. Wall January & subsequent storms 6/8/95 Alleges that the City drain was inadequate to handle rain •water water overflowed drain and curb through wall causing propety damage at 441 28th Street. Gary Lee Pollard 4/10/95 5/4/95 Alleges that sewer cleaning caused. bathroom commode to overflow causing property damage. (f) RECOMMENDATION TO APPROVE THE RETROFIT FINANCING' AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE WEST BASIN MUNICIPAL WATER DISTRICT. Memorandum from Public Works Director AmyAmirani dated June 28, 1995. Action: To approve the staffrecommendation to approve the retrofit financing agreement between the City and the West Basin Municipal Water District (WBMWD) of an estimated $158,352, plussevenpercent accrued interest, that WBMWD would provide for the retrofit of irrigation systems within Hermosa Beach to accomadate the use of recycled water (rather than the current potable water) at Valley Park ($7,792), Clark Stadium_ ($16,840);\ City Hall/Library ($10,000); •Community Center ($3,720); and Greenbelt ($120,000), with the understanding that the City would repay that amount over a period of 14 years by paying the difference` between the cost of potable water and the recycled water used to the WBMWD (approxi}nately $11,700 per year). l V f (g) RECOMMENDATION TO ADOPT RESOLUTION IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES AND FRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS, AUTHORIZING THE EXECUTION OF NON -DISCLOSURE AGREEMENTS, AND DESIGNATING MUNICIPAL RESOURCE CONSULTANTS -AND THEIR City Council Minutes 07-11-:95 Page 8863 AGENT AS REPRESENTATIVES OF THE CITY. Memorandum from Finance Director Viki Copeland dated July 5, 1995. Action: To adopt Resolution No. 95-57('2), entitled, HA RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF HERMOSA BEACH, CALIFORNIA, IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES AND FRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS,AUTHORIZING THE EXECUTION OF NON -DISCLOSURE AGREEMENTS, AND DESIGNATING THE CONSULTANTS AS REPRESENTATIVES OF THE CITY." (h), REOUEST FROM THE DOWNTOWN, ENHANCEMENT COMMISSION FOR AUTHORIZATION OF A $3,600 -CONTRIBUTION FROM THE DOWNTOWN �J ENHANCEMENT FUND ADVERTISING ACCOUNT TOWARD AN ARCHITECTURAL MODEL OF DOWNTOWN. Memorandum -from Community Development Director,Sol Blumenfeld dated July 6, 1995, r This item was removed from the consent calendar by Councilmember for meeting. separate discussion later in the Community Development Director Blumenfeld presented the -staff report and responded .to Council questions. Action: To approve the Downtown Business Area Enhancement District Commission recommendation to authorize the use of $3,600 from the Downtown Business Area Enhancement District Commission Advertising fund as matching funds to the American Association of University Women (AAUW) Educational Foundation grant for the construction of a scale model (one inch equals 40 feet) of the downtown core area, to be completed this summer in a downtown storefront studio by volunteers and a paid student director. City Council Minutes 07-11-95 'Page 8864 2. CONSENT ORDINANCES (a) ORDINANCE NO. 95-1133: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI, UTILITIES TAX, SECTION 30-46, RELATING! TO TELEPHONE TAX." For adoption. Memorandum from City Clerk. Elaine Doerfling dated July 5, - 1995. Action: To adopt Ordinance No. Motion second, AYES: NOES: Oakes, Reviczky, Mayor Bowler Benz, Edgerton 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. 7. PUBLIC HEARINGS 4. RESOLUTION- TO INITIATE AB939 FEE (Continued from meeting of June 27, RECOMMENDATION Receive public resolution. OF $.50 PER MONTH. 1995.) testimony and adopt City Manager Burrell. presented the staff report and responded to Council questions. The public hearing opened at 7:1/ P.M. address the, Council on this item were: Coming forward to City Council Minutes 07-11-95 Page 8865 i? The public hearing closed at 7:-5 P.M. Action: To adopt Resolution No. 95-57.58-?), entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CISY OFHERMOSA BEACH, CALIFORNIA, IMPOSING A FEE ON REDIDENTIAL AND COMMERCIAL PREMISES FOR THE COST OF PREPARING, ADOPTING, AND IMPLEMENTING. THE CITY'S SOURCE REDUCTION AND RECYCLING•ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT. Motion ( , second . The motion carried by a. unanimous vote. 5. 'RESOLUTION AMENDING RESOLUTION NO. 90-4522 AND ORDINANCE AMENDING CHAPTER 7, ARTICLE 1, SECTION 7-1.3 HBMC RELATING TO SCHEDULE OF FEES FOR ISSUING OF BUILDING PERMITS AND BUILDING.. PLAN REVIEW. (Continued from meeting of June 27, 1995.) Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995. RECOMMENDATION: Receive public testimony, adopt resolution and introduce ordinance. Community Development Director Blumenfeld presented the staff; report and responded to Council questions. The public hearing opened at 7:7 P.M. City Council Minutes 07-11-95 Page 8866 Seeing no one come forward to addre S the Council on this item, the public hearing closed at 7:y P.M. Action: To adopt Resolution No. 95-574617, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-4522 OF THE CITY OIF HERMOSA BEACH RELATING TO THE'SCHEDULE OF FEES FOR BUILDING VALUATION, BUILDING PERMITS AND BUILDING PLAN REVIEW FEES.." Motion , second The motion carried by a unanimous vote. Action: To introduce Ordinance No. 95-1134. Motion , second unanimous vote. . The motion carried by Final Action: To waive further reading of Ordinance No. 95-1134, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion_, second AYES: Bowler, Edgerton NOES: None Reviczky, Mayor Benz City Council Minutes 07-11-95 Page 8867 oAtvl MUNICIPAL MATTERS 6. REVIEW OF HEIGHT LIMIT EXCEPTION ORDINANCE. RECOMMENDATION: Review and consider the following alternatives: 1) amend the heightlimit exception provisions so that the conditions for granting an exception are more precise; or 2) eliminate the height limit exception, thus restricting all buildings in the R-3 and R -P to 30 feet (Unless a variance is granted). presented his report and responded to Council questions. Oril)2731/ublic participation opened at P.M. Public participation closed at P.M. Action: To approve recommendation number 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8, MISCELLANEOUS ITEMS AND REPORTS CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by, Council whether_ to discuss this item; 2) refer to staff for a report .back on a future agenda; or 3) resolution of matter City Council Minutes 07-11-95 Page 8868 by Council action tonight. a. Request by Councilmember Benz for consideration of a ballot measure to sell the Biltmore Park site and use the proceeds for ongoing infrastructure repairs and improvements. Councilmember Benz discussed his request. Coming forward to address the Council on this item were: b. Request by Councilmember Edgerton to retire 4% UUT upon receipt and use of Prop A funds, and study. feasibility of implementing a 2.5% UUP to fund Downtown Revitalization Project in lieu of increasing parking meter rates to 81.00 per hour. Councilmember Edgerton discussed his request. Coming forward to address the Council on this item were: City Council Minutes 07-11-95 Page 8869 c. Request by Councilmember Edgerton to implement council policy to limit enforcement of parking in residential zones to only certain hours and, in no event, 24 hours. Councilmember.Edgerton discussed his request.. Coming forward to address the Council on this item were: d. Request by Councilmember Edgerton for affirmation of prior council policy directing parking enforcement officers to cancel tickets if the driver of the vehicle pays the meter at the time the ticket is being written and before the officer completes the writing of the ticket and places it on the windshield. Councilmember Edgerton discussed his request. Coming forward to address the Council on this item were: Action: To CITIZEN COMMENTS City Council Minutes 07-11-95 Page 8870 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. Coming forward to address the Council at this time were: ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 11, 1995 at the hour of P.M. to the Adjourned Regular Meeting of , , 1995 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of Matters of Personnel, pursuant to Government Code Section 54957: Wisniewski-; and, matters of Litigation, pursuant to Government Code Section 54956.9(a): Byrnes v. City of Hermosa Beach, Allen v. City of Hermosa Beach, Natural Resources Defense Council et al. v. Beverly Hills et al. (City of Hermosa Beach), and Hermosa Beach Stop Oil v. City of Hermosa Beach. � � OZ Deputy City Clerk City Council Minutes 07-11-95 Page 8871 REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 11, 1995, 7:00 p.m. CALL TO ORDER: 7:30pm PLEDGE OF ALLEGIANCE: Led by Mary Rooney ROLL CALL: BOWLER, REVICZKY, EDGERTON, BENZ ABSENT OAKES PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Sheila Miller: Commented on "Other Matters" item proposing a ballot measure to sell Biltmore Park Clarified that it would have to be sold as a park and questioned who would want to buy it and Parker Herriott: Regarding the Biltmore Park item, stated that anyone who wants to go against a vote of the people should be recalled Gary Wayland: Commented on "Other Matters" item regarding a 2.5% UUT to fund the downtown revitalization. Supports agendizing this matter and exploring any ideas to fund the project rather than raise parking rates. (b) WRITTEN COMMUNICATIONS Letters from Steven Hoel, Homeowner; Mark May, Mayco Construction; and Katherine Weebe, State Farm Insurance requesting a variance to build a 6 ft. fence on property located at 1910 Ardmore. ..................... CONSENT CALENDAR: (a) Recommendation to approve the following minutes: 1) Minutes of the Special meeting held on June 22, 1995; an 2) Minutes of the Regular meeting held on June 27, 1995; (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items.. (d) Recommendation to approve policy permitting lower Pier Avenue merchants to rent assigned meter spaces for $15.50 per meter per day for the purpose of selling food or goods during commercial events. Memorandum from Community Resources Director Mary Rooney dated June 28, 1995. PULLED BY JR Lex, Hennessey's. Tavern: Requested ability to put tables and chairs on island for this weekend's event. Jerry Newton:. Feels city should just close the street and allow the merchants to come out without having to buy out meters. Dallas Yost: Feels there is not enough time for adequate planning `of a street fair for this weekend's event. ???, Lighthouse: Feels street should be closed for this weekend's event. SIlNE,; ERC NTS:'T`O•1 AR1 EJRBM:O<TION:>TO>CL.�..��.:.� �:tTSTiti.''C`fA �f[n�r.:v.#�-�-�K.: •/`�TA^iiJ:-`T1 i1TlTTl\' (e) Recommendation to deny the following claims and refer to the City's Liability Claims Administrators Claimant: Travelers Insurance Company Date of Loss 1/4/95 Date of Claim: 6/8/95 Claimant: Date of Loss: Date of Claim: Claimant: Date of Loss: Date of Claim: Claimant: Date of Loss: Date of Claim: Glen C. Tull 4/28/95 5/1/95 Mark G. Wall January & subsequent storms 6/8/95 Gary Lee Pollard 4/10/95 . 5/4/95 Recommendation to approve the Retrofit Financing Agreement between the. City of Hermosa Beach and the West Basin Municipal Water District. Memorandum from Public Works Director Amy Amirani dated June 28, 1995. .................. .................. .................. TAA WALKING TO>r.;- E PROPER •DETEliniNt1F• RE:t✓LAIME ................................................... ,ATER INE AKU UTJA. EME ...................... Recommendation to adopt resolution in conjunction with the performance of an audit of Utility Users Taxes and Franchise Fees, authorizing the issuance of subpoenas, authorizing the execution of non -disclosure agreements, and designating Municipal Resource Consultants and their agent as representatives of the City. Memorandum from Finance Director Viki Copeland dated July 5, 1995. Request from the Downtown Enhancement Commission for authorization of a $3,600 contribution from the Downtown Enhancement Fund advertising account toward an architectural model of downtown. Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995: _._..TIONFO.: .$ )NENT CA .......S....................... cOMME tATION'i `O -ARSE . CONSENT ORDINANCES a. ORDINANCE NO. 95-1133: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX" For adoption. Memorandum from City Cletk.Elaine Doerfling dated July 5, 1995. 3. 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. 4 RESOLUTION TO INITIATE AB939 FEE OF $.50 PER MONTH. (Continued from meeting of June 27, 1995) OPEN HEARING 7:43 CLOSE HEARING 7:43 RESOLUTION AMENDING RESOLUTION NO. 90-4522 AND ORDINANCE AMENDING CHAPTER 7, ARTICLE 1, SECTION 7-1.3 HBMC RELATING TO SCHEDULE OF FEES FOR ISSUING OF BUILDING PERMITS AND BUILDING PLAN REVIEW. (Continued from meeting of June 27, 1995) Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995. OPEN HEARING 7:46 CLOSE HEARING 7:46 MUNICIPAL MATTERS 6. REVIEW OF HEIGHTLIMTT EXCEPTION ORDINANCE MISCELLANEOUS ITEMS AND REPORTS- CITY MANAGER NONE MISCELLANEOUS 1'1'EMS AND REPORTS CITY COUNCIL OTHER MATTERS - CITY COUNCIL Request by Council member Benz for consideration of a ballot measure to sell the Biltmore Park site and use the proceeds for ongoing infrastructure repairs and improvements. Request by Council memberEdgerton to retire 4% UUT upon receipt and use of Prop A funds, and study feasibility of implementing a 2.5%' UUT to fund Downtown Revitalization Project in lieu of increasing parking meter rates to $1.00 per hour. Request by Council member Edgerton to implement council policy to limit enforcement of parking in residential zones to only certain hours and, in no event, 24 hours. JR STATED THAT STAFF SHOULD BE PERMITTED TO COMPLETE THEIR COMPREHENSIVE PARKING PLAN RATHER THAN TRYING TO CHANGE EACH SECTION OF TOWN IN A PIECEMEAL FASHION. JB CONCURRED. Request by Council member Edgerton for affirmation of prior council policy directing parking enforcement officers to cancel tickets if the driver of the vehicle pays the meter at the time the ticket is being written and before the officer completes the writing of the ticket and places it on the windshield. STAFF.. TQ REVIEi'' A: TIIE.;NEX` ?Y2 EN; XU.MEE'IT CITIZEN COMMENTS Garrison Frost Feels Hermosa has an image problem (regarding parking) and that the correction of that poor image should be a priority. Jon Burt: Spoke regarding downtown improvement plan and the need for funding. Pete Tucker: Stated that the L.A. Co: Board of Supervisors is going to consider the Community Facilities District again for library funding and that the City should look into that for continued library services Betty Martin: Spoke regarding parking enforcement and the need for 24 hour enforcement in certain areas ADJOURNMENT: 934PM •%-il--9 Pa Sew Pcee i 4`S -e_ ase d o,(1 a 20,3 `�5 DEAR COUNCIL, I AM WRITING. THIS LETTER TO REQUEST A VARIANCE IT SEEMS THAT ONE OF THE CITY DEPARTMENTS WANTS ME TO LIMIT A BACK FENCE TO A HEIGHT OF THREE, FEET, WHILE I DESIRE A HEIGHT OF FIVE TO SIX FEET. REQUEST THIS VARIANCE FOR THE FOLLOWING REASONS: 1) FIRST AND FOREMOST IS SAFETY. THE CITY MADE ME PUT IN A SIDEWALK ON THE STREET LEVEL. THIS ENCOURAGES PEOPLE TO WALK ON IT AFTER PARKING THEIR CAR. THERE IS' NOW A DROP OFF OF APPROX. FIVE FEET FROM STREET LEVEL TO MY PROPERTY. IF. THERE IS A THREE FOOT FENCE, IT IS TOO LOW TO PREVENT SOMEONE FROM FALLING OVER, AND NOW THE FALL IS. THE ORIGINAL FIVE FEET PLUS ANOTHER THREE FEET. SOMEONE COULD BE SERIOUSLY INJURED BY AN EIGHT FOOT FALL. 2) OUR MASTER BEDROOM WINDOW IS DIRECTLY BEHIND THE PROPOSED FENCE. THIS CAUSES -A PRIVACY PROBLEM AS ANYONE CAN PEER INTO OUR WINDOW IF THE FENCE IS ONLY THREE`FEET-HIGH. THERE ARE ALSO MANY PARTIES HELD ON AVA ON THE WEEKEND AND MANYBARKING :DOGS. THIS FENCE ALSO SERVES AS A SOUND BARRIER FOR OUR MASTER BEDROOM. 3) OUR ORIGINAL FENCE:ON THE AVA SIDE AVA IS THE BACK OF OUR HOUSE. 5) THERE ARE NUMEROUS OTHER FENCES ON'THE ALSO'SIX-FEET HIGH. WE:PROPOSE TO PUT IN.A BEAUTIFUL FENCE. BRICK PILASTER AND WOOD K YOU RESPECTFULLY SU STEVEN D. HOEL 1910 ARDMORE AVE. HERMOSA BEACH CA. (31 0) 37.4-2996 a,.yCo Construction Concepts June 30,1995 City of Hermosa Beach Building Dept. 1315 Valley Drive Hermosa :Beach, CA 90254 RE: 1910 Ardmore Dear Council, We are seeking permission to build a 6 FT. fence on the property of 1910 Ardmore. Our approved plan allows for us to build a 6 FT. on the back of the property ( Ava Ave.) The existing encroachment permit would only allow us to build a 3 FT. fence.. We are seeking permission to amend this: The fence would be built on the back side of the property on Ava ave. Prior to remodeling the house, the homeowner had a 6 FT: existing fence. The homeowner and Contractor have a variety of reasons to build the 6 FT. fence. A few are listed below: 7 1. The original fence was 6 FT. 2. The danger that a 3 FT. fence could pose for anyone falling over or climbing from new sidewalk. (Due to the severe drop off beyond the fence line. 3. The esthetics that a 6 FT.. fence would project for the homeowner and adjoining properties. 4: The approved set of plans allows for us to build a 6 FT. fence. 12 We hope: for your sincere consideration, Mark L. May Mayco Construction qs-7L -7gff 1116 8th Street • Suite F • Manhattan Beach, CA 90266 (310) 374-7888 • Fax (310) 798-1068 • (800) 306-8765 TUN -30-1995 10:14, .,ILLI U ,H .310 782 6642 P.01 laC e KATHERINE A. WEEBE 11120 MANHATTAN BEACHe81nd STEu201 $ MANHATTAN BEACH, CA 9026675273-PH#(310) 545-4523 FAX#(310,) 546-5584 CITY OF HERMOSA BEACH 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254-3846 STEVEN D. & JUNKO O. HOEL 1910 ARDMORE AVENUE GENTLEMEN: IT HAS COME TO MY ATTENTION THAT MR. & MRS. HOEL ARE SEEKING A VARIANCE TO CURRENT BUILDING CODES IN ORDER THAT THEY MAY ERECT A 6 FT FENCE AT THE REAR OF THEIR PROPERTY ((SAID FENCE ACTUALLY BEING CONSTRUCTED ON CITY PRO- PERTY). CITY CODES STATE THAT ONLY A 3 FT FENCE MAY BE ERECTED. I AM HIGHLY IN FAVOR OF THE HIGHER FENCE BEING ERECTED FOR THE FOLLOWING REASONS: 1) A 3 FT FENCE WILL CREATE A SEVERE LIABILITY HAZARD FOR MY CLIENT AND THE CITY BECAUSE IT:DOES NOT OFFER ENOUGH PROTECTION TO KEEP PEDESTRI- ANS USING THE SIDEWALK ADJACENT TO THE FENCE FROM FALLING OVER IT INTO MY INSURED'S PROPERTY.. FROM AN INSURANCE STANDPOINT, A FENCE THAT IS TOO LOW TO PROTECT THE PUBLIC IS AN INVITATION TO A CLAIM. WHEN STATE FARM, EVENTUALLY IN- SPECTS THIS PROPERTY, THEY MAY CANCEL THE INSURANCE BECAUSE OF THE. INCREASE IN HAZARD.- I_ WOULD HATE TO SEE THAT HAPPEN TO MY CLIENT. THE FENCE NEEDS TO BE HIGHER THAN 3 FEET AND 5 OR 6 FEET WOULD BE PREFER- ABLE. PLEASE CONSIDER THE ABOVE FACTORS WHEN DECIDING WHETHER OR NOT TO GRANT THIS VARIANCE. THANK YOU FOR YOUR CONSIDERATION. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California,, held on Thursday,' June 22, 1995, at the hour of 7:05 P.M. PLEDGE OFALLEGIANCE - Robert ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Absent: Benz (arrived at 7:23 p.m.) Blackwood, Personnel Director PRELIMINARY FY 1995-96 BUDGET REVIEW Bowler City Manager Stephen Burrell said since the last meeting he had met twice with the employee union. He said he also met with the School District about the crossing guard issue and suggested that the City Council and the School Board conduct a joint meeting at 6 p.m. July 11, 1995, prior to the regular Council meeting, to receive the consultant's report on a parcel tax and review the necessary proceedings. He said Council could give preliminary approval at that meeting and final approval July 25, 1995. He said the budget does not include the $95,000 required for crossing guards and said they may want to consider sharing that cost with the School District for fiscal year 1995-96. He said one possible way is to be reimbursed by double charging the tax for the first year. He noted that at the June 27, 1995, meeting, Council will be considering the cost associated with the Landscaping and Street Lighting Assessment District. Coming forward to address the: Council at this time:, Patrick Chaplin - with Teamsters Local 911, said a furlough was not supported byemployees and did not pass; said the employee group worked several hours with the City Manager; said that the employees believe that the City_ can get by without laying people -off; said there is -a lot of money in the Police Department where non -sworn union employees are being drastically cut; thanked Mayor Bowler for the time he spent deliberating. (Councilmember Benz arrived at 7:23 p.m.) In response to Council questions, City Manager Burrell explained the financial difference between this year and last year and why the City is facing lay-offs. He noted thatin constructing the budget, hetried to balance revenues and expenditures and that the $500,000 in cuts and the $500,000 in increased revenues were necessary to cover a $1 million shortfall. Continuing to come forward to address the Council was: Chris Kelly - Public Works employee, said the employees had presented a plan for in-house median maintenance to save the job of a Public Works employee slated for lay-off; said the City was laying off workers at the same time that his department was getting more work;. questioned the lay-offs of two employees in the Finance/Cashier Department since.. he has seen the Finance Director down in that office doing the work .when Cashier employees were out sick. City Manager Burrell said the cost of contracting out median. maintenance would be $34,728. He said Public Works came up with a proposal to do it in-house for, $34,443, but that figure did not include the cost of equipment and was too low for workers compensation. With those costs added in, he said it would cost about $36,000 in-house and $35,000 to contract out. Action: To keep median maintenance in-house. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Triggs - Public Works Maintenance. II employee, also a union steward, said he was an eight-year employee and takes care of all street lights and traffic signals, pours concrete and does carpentry work, that the union does not restrict the functions of the employees; Diane Loughlin - court liaison, said the Police Department was buying microwaves, refrigerators and a color TV and was spending $900 for signage on the doors and hundreds more dollars to pretty up the offices with plants; said they were moving two people into the position of lieutenant at the same time others were being cut; said they were losing badly -needed support staff; said POST put in an in-house training program that is rarelyused; did not think everything was being explored to save cost; Claudia Hassanally - said she' was a 13 -year employee, said L.A. County is doing away with numerous services and asked what the City will do toeliminate or reduce services to compensate for reduced personnel; said this cannot, be a full-service city without adequate personnel to perform those services; and Barbara Warner - Finance Cashier account clerk, said she will be affected by the lay-offs; said eliminating 50 percent of a department is not efficient and no one can be expected to produce, maintain, or get. ahead; said the equipment they have now is not working. ADJOURNMENT - The Special. Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, June 22, 1995 at the hourof 8:37 P.M. to the Regular Meeting : of Tuesday, June 27, 1995 to be held at the hour of 7:00 P.M. City Council Minutes 06-22-94 Page 8852 MINUTES OF THE REGULAR MEETING OF`THE CITY COUNCIL of the City of- Hermosa Beach, California,. held on_Tuesday,:June 27, 1995, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE -James Dewey, Downtown Business Area Enhancement District Commissioner ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Bowler Absent: Benz (arrived at 7:15 P.M.) PRESENTATION: PRESENTATION OF CERTIFICATE OF RECOGNITION TO SAMMY ',HERMOSA HURRICANE,' FUENTES Mayor Bowler presented the Certificate of Recognition to Sammy "The Hermosa Hurricane" Fuentes to congratulate him, and to express the pride the City and the Council shared in his accomplishment in retaining the WBO Championship Boxing Title. Mr. Fuentes thanked the Council for its recognition. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner 2715 El Oeste Drive, submitted information, said that' he had already submitted the information to the City Manager and now was going directly to the City Council; explained that he had asked the Public Works Department for some information regarding the Landscape and Lighting District and the Department had not provided him with it; said that he was now giving a formal �, complaint regarding; the refusal of -the City to provide him with public information; and, Sherry Sturges - 2011 Manhattan Avenue, said that the 25 miles per hour speed limit was neither obeyed nor enforced on Manhattan. Avenue, and that speeding vehicles had resulted in the death of one pet and, the injury of another; questioned what the City would do to enforce the speed limit for the safety of the many children and pets that lived in the area. WRITTEN COMMUNICATION - None CONSENT CALENDAR Action: To approve the consent calendar recommendations "(a) through (o) . Motion Reviczky, second Oakes. The.motion carried by unanimous vote, noting the absence of'Councilmember Benz. .No one came forward to address the. Council _from the"consent calendar. City Council RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:. 1) Minutes of the Adjourned Regular meeting held on June 1, 1995; 2) Minutes of the Adjourned Regular meeting held on June 8, 1995; and, 3) Minutes of the Regular meeting held on June 13, 1995. Action: To approve the minutes of the Adjourned Regular Meeting, of. June 1, 1995; the Adjourned Regular Meeting of June 8, 1995; and, the Regular Meeting of June 13, 1995 as presented.• (Benz absent) (b) RECOMMENDATION :TO RATIFY THE CHECK REGISTER NOS. 3756 THROUGH 3907 INCLUSIVE, NOTING VOIDED CHECK NOS. 3756, 3757, 3758, 3759, 3760, 3761 AND 3824, AND TO APPROVE CANCELLATION OF. CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Benz absent) (C) RECOMMENDATION TO RECEIVE AND FILE' THE TENTATIVE FUTURE -AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive andfilethe May, 1995 Financial Reports as presented. (Benz absent) )" REQUEST FOR 30 -DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated June 6, 1995.' Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a custodian in the Public Works Department due to the review of custodial services for the feasibility of contracting custodial L services to a private outside contractor. (Benz absent) (f) RECOMMENDATION TO APPROPRIATE $15,759 FROM THE GENERAL FUND TO THE FIRE DEPARTMENT TO COVER OVERTIME COSTS FOR THE MONTH OF JUNE. Memorandum from Fire Chief Peter Bonano dated June 13,'1995. Action: To approve the staff recommendation to appropriate $15,75.9 from the General Fund to Fire Department account #001-2201-4106 in order to pay anticipated overtime for the month of June, 1995, as the fund had been depleted due to City Council Minutes 06-27-95 Page 8854 unforeseen overtime expenses of 1995. (Benz absent) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND BEACH CITIES HEALTH DISTRICT FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO EXECUTE THE LEASE. Memorandum from Community Resources Director Mary Rooney dated June 20, 1995. Action: To approve the staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District_and the City for the use of Room 6A in the Community Center at a rate of $123 per month (132 sq.ft. X $.90 per sq.ft.) from July. 1, 1995 through June 30, 1996, for a total rental income of $1,476, and, 2) authorize the Mayor to sign the lease. (Benz absent) (h) RECOMMENDATION TO APPROVE THE L.A. COUNTY DEPARTMENT OF BEACHES & HARBORS MARKETING PROGRAM, CONSISTING OF THE PLACEMENT OF ADVERTISING SIGNS ON BEACH'RESTROOMS AND LIFEGUARD TOWERS FOR A PERIOD OF TWO (2) YEARS IN EXCHANGE FOR BEACH RESTROOM PAINTING AND BEACH PLAYGROUND EQUIPMENT. Memorandum from Community Resources Director Mary Rooney dated June 14, 1995. Supplemental information from Community Resources Department received June 27, 1995. Action: To approve the staff recommendation to approve eight locations, on existing beach restrooms or Lifeguard towers at 22nd Street, 13th Street and at the Pier, for the placement of six foot by four foot panels (under which various "rotating" ads will be placed and replaced), for a two-year period of participation in; the Los Angeles County Department of Beaches and Harbors marketing program sponsored by TDI, in exchange for: 1) four swing -sets and four slides to replace deteriorating/damaged or removed equipment, at Second Street, Tenth Street, 22nd Street and Longfellow Avenue (estimated' cost of $8,000) 2) exterior painting of all beach restrooms, including the Pier restrooms (estimated cost of,$4,000 annually); 3) periodic, as needed, repainting of the restrooms; and, 4) participation credit with the County for the marketing program (estimated credit of $40,000 annually to offset lifeguard and beach maintenance) (Benz absent) RECOMMENDATION TO REC-EIVE AND FILE THE ACTION' SHEET FROM THE PLANNING COMMISSION MEETING OF JUNE 20, 1995. Memorandum from Community Development Director Sol Blumenfeld dated June 21,.1995._ -Action: To approve the staff recommendation to receive and: file the action sheet from the Planning Commission' meeting of June..20, 1995. .(Benz absent) City Council Minutes 06-27-95 Page 8855' (j) RECOMMENDATION TO APPROVE THE REQUEST FROM IMG (AFFILIATED WITH CE SPORTS AND ENTERTAINMENT) TO CHARGE ADMISSION FOR UP TO 25% OF THE SEATS FOR THE OLYMPIC QUALIFYING TOURNAMENT PROVIDED THAT THE CITY BE PAID $4,000 OR 25% OF THE GROSS PROCEEDS, WHICHEVER IS GREATER. Memorandum from Community Resources: Director Mary Rooney dated June 21, 1995.. Action: To approve the staff recommendation to approve the request from IMG, who are affiliated with CE Sports and Entertainment, to charge a $20 per seat admission for 500 seats (25 percent of the seating) for the Olympic Qualifying Volleyball Tournament to be held on July 10-16, 1995, provided that: 1) the City be paid $4,000; or, 2) 25 percent of the gross proceeds, which ever is greater. (Benz absent) (k) RECOMMENDATION TO APPROVE CONTRACTS FOR REVENUE AUDITING' SERVICES WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) AND HDL COREN & CONE, AND DESIGNATE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. Memorandum from Finance Director Viki Copeland dated June 20, 1995. Action: To approve the staff recommendation to. 1) approve the contracts for revenue auditing services from: a) audit by Municipal Resource Consultants (MRC), at a fee of 25 percent of any incremental revenue or deficiency recoveries from: aa) Utility User Tax (UUT); bb) Transient Occupancy Tax (TOT); and, cc) Franchise Fees for —refuse collection, electric service, and gas service. b) audit by HdL Coren & Cone at a fee of 15'percent of any incremental revenue or deficiency recoveries from: aa) Transfer Tax (with the understanding that both a) and b) above result in no direct cost to the City' as the fee applies only to amounts recovered above and beyond those now paid to the City); and, 2) designate the, City Manager to sign the contracts on behalf of the City. (Benz absent) (1) RECOMMENDATION TO AWARD CONTRACT FOR MONTEREY BLVD. REHADILILATION FROM 4TH ST. TO PIER AVENUE TO SILVIA CONSTRUCTION COMPANY IN THE AMOUNT OF $849.,607.86. Memorandum from Public Works Director Amy Amirani dated June 21, 1995. Action: To approve the staff recommendation to: 1) authorize the award of the construction contract for ,the Monterey Boulevard and Eighth Street Sewer and Street Rehabilitation Project ( CIP 94-149 and CIP 94 - City Council Minutes_ '06-27-95 Page 8856 408) to Silvia Construction Company of :`Anaheim, California, in the amount -of $849,607.86 authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; direct the City Clerk to reject all other bids and release the; bid bonds after the. award by the City Council and upon completion of the project to direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; authorize the Director of Public Works; to make minor changes as necessary within budget; and, 5) retain CMI Engineering consultants to provide Construction Inspection Services And, with the understanding that the budget project will be: a) Design Engineering........ .. .......$29 000 b) Construction Contract......... ..$849,608 c) Contract Administration:. ... . ..........$20,000 d) Contingency ..................$85,000 ... . .$85,000 for the for a Total 'of $983,608 7) with the funding sources for Street Rehabilitation from: aa) SLTPP Grant funds (150)...... :. ..... .$187,415 bb) TDA Local ..$3.6,726 ccy Transfer CIP 92-178 (ST Gas Tx,, 115) $10,000-: dd) Transfer CIP`85-137 (ST Gas Tx, 115).......$8,195 8 fora Total 'of•....... . ... .:$242,336 with the funding. source for Sewer_�Rehabilitation from the sewer fund in the amount of........... ..$741,272 for a Total of .(Benz absent) -{m) RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING AN ADDITIONAL DEFERRED COMPENSATION PLAN FOR EMPLOYEES. Memorandum from Finance Director Viki Copeland dated June 20, 1995. Action:. To approve the staff recommendation to: 1) approve the U.S,- Conference of Mayors .(USCM) Deferred Compensation Plan for the City which is offered to all eligible -employees, elected officials, and independent contractors'; and, Adopt Resolution No. 95-5745, entitled, "A RESOLUTION OF THE CITY COUNCIL OF `THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING' AN ADDITIONAL -DEFERRED COMPENSATION PLAN."" (Benz absent) 'RECOMMENDATION TO ADOPT RESOLUTION ADOPTING REGULATIONS' FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN'ELECTION TO BE HELD (n) City Council. Minutes 06-27-95 Page 8857' ON TUESDAY, NOVEMBER 7, 1995. Memorandum from City Clerk Elaine Doerfling dated June 21, 1995. Action: To approve the staff recommendation to: 1) approve the regulations for candidate ballot statements for the Municipal Election to be held on Tuesday, November 7, 1995 as the payment of all required costs (determined by Los Angeles County) and the standard format requiring a 200 word limit; and, 2) adopt Resolution No. 95-5746, entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE. OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER .7, 1995.0 (Benz absent) (o) RECOMMENDATION TO APPROVE EXTENSION OF CONTRACT FOR CITY ADVERTISING (LEGAL & DISPLAY ADS) WITH EASY READER NEWSPAPER FOR TERM OF ONE YEAR. Memorandum from City Clerk Elaine Doerfling dated May 31, 1995. Action: To approve the staff recommendation to: 1) extend the current contract for City advertising (legal and display ads) with the Easy Reader for .a period of one-year at a cost of $8.25 for first insertion and $4.25 for second insertion for legal advertisements and at a cost of $9.00'for first insertion and $7.00 for second insertion for. display advertisements; and, 2) authorize the Mayor to sign the contract. (Benz absent) 2. CONSENT ORDINANCES a. ORDINANCE NO. 95-1130 - HAN ORDINANCE. OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO AMEND ARTICLE 8 OF THE ZONING ORDINANCE, IN REGARDS TO THE LIST OF COMMERCIAL USES PERMITTED AND CONDITIONALLY PERMITTED IN THE C-1, C-2, AND C-3 ZONES; TO AMEND ARTICLE 10, PERTAINING TO STANDARD CONDITIONS OF CONDITIONALLY PERMITTED USES; AND, TO ADD ANEW DEFINITION 'SECTION FOR COMMERCIAL USES AND THE ADOPTION OF A NEGATIVE DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated June 21, 1995. Action: To adopt Ordinance No. 95-1130. Motion, Edgerton, second Reviczky. AYES: Oakes, Edgerton, Reviczky, Mayor Bowler NOES: None ABSENT': Benz ABSTAIN: None 3.. ITEMS REMOVED FROM THE CONSENTCALENDAR FOR SEPARATE DISCUSSION There were no itemsremoved from the consent calendar. City Council Minutes 06-27-95 Page 8858 At 7:15 P.M.., as the time "publicly ':noticed for the startof the ;public hearings had not arrived, the order of the agenda was suspended to go to item 8. Also' at 7:15 P.M., Councilmember Benz arrived on the dais. PUBLIC HEARINGS LANDSCAPE AND STREET LIGHTING DISTRICT ASSESSMENTS FOR FISCAL YEAR 1995-96,`WITH A PROPOSED INCREASE IN ASSESSMENT PER DWELLING UNIT, FROM $16.81 TO $54.82. Memorandum and Resolution. for adoption from Public Public Works Director Amy Amirani dated June 22, 1995.' Thirty-six supplemental letters of protest and seven letters of support regarding the proposed assessment district._ Supplemental memorandum. and analysis from Public Works Director Amy Amirani received June 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Joan Cox BSI consultant, gave her presentation and explained.the methodology for .the ' equivalent. dwellingunit assessment and spoke on the Preferred , method of providing Senior Citizen rebates. The public hearing opened at 8:30 P.M.' Coming forward to address the Council on this item were: John Burt 1152 Seventh Street, said that he wanted the lighting done for safety, Jan Donitelli 5th and Ocean View, expressed concern regarding the lack of services in her area, such as lack of tree and weed trimming on public property and crumbling curbs; Jerry Costello - 17 19th Street, would like to see an upgrade of the light, standards on Beach Drive, said the neighborhood would be willing to help with the, cost Jim Lissner - 2715 El Oeste Drive, said the City could save $320,000 by making three changes in the assessment budget: 1) use only half ($120,000) of the $240,000 for the lighting standard upgrade for Beach Drive and let the property owners pay the - other half, as the speaker prior tohim had said he would be willing to do; 2) eliminate the $100,000 for the signal at Hermosa Avenue and 14th Street as there was no information regarding what the problem was with the signal, there was nothing available in the Public Works:. Department and no report from the traffic engineer; and, 3) eliminate the $100,000 for Pier lighting as, there was no reason ` to do this now with City funds and then have it redone with. Grant Funds when the Pier City: Council` Minutes 06-27-95 Page 8859 is scheduled to be rehabilitated; said that the one-third of a million dollars would fund the proposed shortfall to the assessment budget and eliminate the need for an increase; also said that there was no estimate of the amount that a Senior Citizen rebate could make on the budget; Shirley Cassell - Hermosa Beach, said she felt that removing expense items out of the GeneralIund and paying for them through the assessment district was thievery; Vivian Hoffman 3002 Hermosa Avenue, asked that the Council not try to circumvent Proposition 13 through this assessment; said that she had a four - unit dwelling , but she lived in threeof the units and only rented one; questioned why she would be charged for all four at a $220 per year assessment; Eleanor Lynn - Park Avenue, explained that the $24 water stand-by assessment on the property tax bilis was rebated by the water district to Senior Citizens through a form,that once filled out became automatic; Tom Pryor - 430 24th Street, suggested that the City include tree trimming and water in the assessment and make it $60 per year; Sherry Sturges - Manhattan Avenue, expressed concern about the manner in which the trees were trimmed;, said that in her area the trees were hacked to death,, but the City workers did not speak English so she had tospeak to them in Spanish to askthem to stop mutilating the trees; and, TZathleen Midstokke - Hermosa Beach,. expressed concern regarding the minimum noticing that had been done for the assessment district, as no individual notices (which could have been paid for from assessment district funds) had been sent to owners, many of whom lived out of the City and ,do not see the notices in the local weekly newspaper; expressed concern regarding the public packet as there was 'no page two of the report, no budget included and no signature on a report that was included; said that there was an attempt to justify the increase by identifying needs, and needs could never be fully met; felt that most of the fundswere to be spent in the downtown area -and did not constitute an equal benefit to the entire City. The public hearing closed at 8:52 P.M. Jim Lissner 2715 El Oeste Drive, raised is point of order, at 9:10 P.M., to ask Mayor Bowler to stand down from the vote, on this item due to owning a business in the downtown area. City Council Minutes 06-27-95 Page 8860 Mayor Bowler responded that the location ofH his. property did not afford him a greater benefit than, other property owners in. the City. as none of the improvements to be made with: the proceeds of :the assessment would affect his property directly. Action: To approve the staff recommendation to: adopt Resolution No. 95-5747, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,' CALIFORNIA,. CONFIRMING THE MAP AND ASSESSMENTS AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996.11, which levies an. assessment of $54.82 per unit; adopt the Fiscal Year 1995-96 estimated revenue 'from secured collections for the Landscape and Street Lighting District in the amount of $594,073; and, to direct staff to return to Council with a method to provide Senior Citizen discounts or rebates, and to return with further information on the costs and :payment methods of any lighting fixture or standards upgrade for the Beach Drive undergrounding. Motion Reviczky, second Oakes. The motion carried., the dissenting vote of Benz. 1) The meeting recessed at 9:15 P.M. The meeting reconvened at 9:30 P.M. noting 5.. RECONSIDERATION` BY CITY COUNCIL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, HEIGHT LIMIT EXCEPTION AND VESTING TENTATIVE PARCEL MAP. #2-4276 TO ALLOW CONSTRUCTION OF A 'TWO -UNIT CONDO EXCEEDING 301 IN HEIGHT IN AN R-3 ZONE AT 632 MONTEREY BLVD. Memorandum from Community Development Director Sol Blumenfeld dated June 20, 1995. Supplemental anonymous :letter in, opposition received June 26, 1995. Supplemental. letters in approval from Tom Petersen, 1051 Monterey Blvd., and from Tom Corcovelos, 708 First Place,, both'received June - 27, 1995. City Clerk Doerfling reported that. proper notices had given. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Mr. Blumenfeld said that the Council might wish to make a policy decision regarding a definition of the area required for comparison. The public hearing opened at 9:44 P.M. Coming: forward to address the Council on this item were: Gerald Compton - project architect, said that the block to the east of the project was R-2 therefore no building was over 30 foot in height and that those buildings would be impacted by his project at the legal 30. foot height limit, so the additional, City Council Minutes 06-27-95 Page 8861 height would not make a difference; said the additional height was needed for the project, to add pitched roofs as flat roofs gave a more massive, boxier look to the buildings; showed a diagram of more than 200 buildings, in a 300 foot radius, that showed over 60 buildings that were higher than 30 feet; explained his project and responded to Council questions; Wynn Smith = said that'this project would not impact, his view but felt that all buildings over 30 foot inheight impacted the City; said he was not in favor of developments at this height as he felt that the City should try to maintain a beach town atmosphere; and, John Burt - 1152 Seventh Street, said there were too many high-rises in the City and that people could not see the beach over them. The public hearing closed at 10:10 P.M. Action:. To return this item to the Planning Commission at its next meeting of July 18, 1995 for a clarification of the Commission's findings by giving the Council specific information regarding the area used for comparative purpose and the rationale regarding its approval of an exception for the rear unit to exceed 30 feet in height; and to continue this. item to the City Council Regular Meeting of July 25, 1995. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Bowler. 6. ADOPTION OP FISCAL YEAR 1995-96 BUDGET. Memoranda from Finance Director Viki Copeland dated June 27, 1995. City Manager Burrell presented the staff report and responded to Council questions. Finance Director Copeland also responded to Council questions. Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, expressed concern regarding the poor quality of the sound system through the' portable microphones used at the budget workshop meetings; said television viewers could not hear most of discussion during these meetings. a) Adopt resolution setting the 1995-96 Appropriations Limit. The 'public hearing opened at 10:33 P.M.', as no one came. forward to address the Council on this item, the -public hearing closed at 10:33 P.M. Action: To approve the staff,' recommendation to adopt Resolution No. 95-5748, entitled, "A RESOLUTION OF THE CITY City Council Minutes 06-27-95 Page 8862 COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1995-96.", noting that the appropriation limit for Fiscal Year 1995-96 is $12,837,178. Motion Reviczky, second Edgerton.. The motion carried by a unanimous vote. Adopt resolution amending master fee resolution to adjust ambulance transportation fee and eliminate non transport fee. The public hearing opened at 10:35 P.M., as no one came forward to address the Council on this item, the public hearing closed at 10:35 P.M. Fire Chief Bonano responded to Council questions regarding Medically Indigent Adults and the City contract with Medi Cal. : Action: To approve the staff recommendation to adopt Resolution No. 95-5749, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-4522 OF THE CITY OF HERMOSA BEACH RELATING TO. SCHEDULE OF FEES FOR FIRE DEPARTMENT AMBULANCE_ r TRANSPORTATION.", noting that the ambulance transport fee. for non-residents will be increased from $162.50 to $460.00; the ambulance transport fee for residents will be increased from $108.00 to $230.00; and, the non -transport fee, will be eliminated. And, with the direction to staff, to bring back to Council the information and proper legal procedure to be able to provide service to people who are indigent or are covered by Medicare. or. Medi -Cal. Motion. Reviczky, second Oakes. The motion carried by unanimous vote. c) Receive public testimony concerning Ordinance amending Chapter 7, Article 1, Section 7-1.3 of the Hermosa Beach Municipal Code relating to schedule of fees for issuing of building permits and building plan review and continue to meeting of July 11, 1995 for further testimony and adoption. The public hearing opened at 10:42 P.M., as no one came forward to address the Council on this item, the public hearing closed at 10:42 P.M., City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to continue this item to the Regular Meeting of July 11, 1995. Motion Reviczky, second Oakes. The motion carried unanimous vote. City Council Minutes •',06-27-95 d) Receive public testimony concerning resolution to initiate AB939 fee of $.50 per month and continue to meeting of July 11, 1995 for further testimony and adoption. The public hearing opened at 10:45 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned the need for a. resident paid recycling fee as there was supposed to be a profit to a company for recycling. City Manager Burrell responded that the amount of money recovered from recycling did not cover the entire cost and a residential fee of $1.09 per month was needed. The public hearing closed at 10:46 P.M. Action: To approve the staff recommendation to continue this item to the Regular Meeting of July 11, 1995 Motion Reviczky, second Oakes. The motion carried by a unanimous vote. e) Introduce ordinance to amend the utility user tax ordinance to include interstate, international and cellular telephone communications. The public hearing opened at 10:49 P.M. Coming forward to address the Council on this item was: Sherry Sturges - Manhattan Avenue, questioned how this increase would affect her cellular phone rates and long distance calls. City 'Manager Burrell 'responded that the amount would increase by ten cents for each dollar of use. The:,;public hearing .closed at 10:51 P.M. Action: To approve the staff recommendation to introduce Ordinance No. 95-1133. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. Action: To waive further reading of. Ordinance No. 95-1133, entitled, "AN ORDINANCE Op THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX.", noting that this will include interstate,, international and cellular telecommunications which are currently not taxed under the Utility User Tax. Motion Reviczky, second Oakes. AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None City Council Minutes 06-27-95 Page 8864 Adopt resolution adopting the'. Budget for Fiscal Year 1995-96. The public hearingopened at 10:55 P.M. Coming, forward to address the Council on this item were: Barbara Warner - said that the Council spoke of the eight City Employees being laid -off to balance the budget as figures, but they were really talking about homes and lives and families; said that all. of the people losing their jobs were the infantry of the City, the ones who manned the counters and responded to citizen requests; asked the Council to realize that there would be very unhappy citizens whenthere were only two people to handle;. the jobs that had been done by four and to reconsider and allow one of the two people being laid -off in the Finance -Cashier Department to remain; said she was not asking for herself but for a six-month pregnant woman, and, John Burt 1152 Seventh Street, said the City needed to lay-off City workers. The public hearing closed at 11:00 P.M. Action: To approve. the staff recommendation to adopt' Resolution No. 95-5750 , entitled, "A RESOLUTION OF'`THE'CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE .BUDGET FOR. THE FISCAL YEAR 1995-96." Motion, Edgerton, second Benz. The motion carried by unanimous vote. The meeting recessed at 11:05 P.M. The meeting reconvened at 11:19 P.M. REVIEW DELINOUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. Memorandum from Community Development Director Sol Blumenfeld dated June 20, 1995 with Resolution for adoption.. Community Development Director Blumenfeld presented report and responded to Council questions. The public hearing opened at 11:21 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 11:21 P.M. Action: To approve the staff recommendation' to adopt Resolution No. 95-5751, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE` DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY City Council Minutes 06-27-95 TAXES.", noting that thisspecial assessment would apply to any delinquent refuse charges which remain on the Community Development Department list ten days after this hearing. ` Motion Edgerton, second Reviczky..The motion carried by a unanimous vote. MUNICIPAL MATTERS (This item was heard at 7:15 P.M.) 8. AGREEMENT FOR SOLID WASTE AND RECYCLING COLLECTION, TRANSPORTATION, PROCESSING AND DISPOSAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND BROWNING -FERRIS INDUSTRIES OF CALIFORNIA, INC. FOR 2ND 5-YEAR'TERM ENDING JUNE 30, 2001. Memorandum from City Manager Stephen Burrell dated June 14, 1995. Supplemental information regarding rates from BFI received June 27, 1995. City Manager Stephen Burrell presented the staff report and responded to Council questions. Mr. Burrell. said that there was a potential savings to the City of ten to fifteen thousand dollars due to BFI's agreement to unload the. City bins without charge in the new contract. City Attorney Jenkins also responded to Council questions and said that there was no provision in the contract for a rate decrease should the Consumer Price Index (the standard used for any requested rate increase) decrease, but the Council had the ultimate power to approve increases, or not approve increases if the request could not, be justified. Public- participation opened at 7:35 P.M. Coming forward to address the Council on this item was: Chip Scholz - representing. Browning-Ferris Industries (BFI), spoke to many of the changes in the contract which include additional services; said. the cost to the residents of $10.09 per month was the lowest in the South Bay; and, said that BFI would indemnify the City against AB939 fines which could be as high as $10,000 per day. Public participation closed at 7:42 P.M. Action: .To approve the staff recommendation to: 1) approve the extension of the contract agreement for solid waste and recycling collection, transportation, processing and disposal services between the City of Hermosa Beach and Browning-Ferris Industries of California, Inc. for a second five-year term from July 1, 1996, and ending June 30, 2001, as amended to delete the extension clause on page ,3, section 2: Term of Agreement; and,. 2) introduce Ordinance No. 95-1132. Motion Edgerton, second Benz. The motion carried by a unanimous vote. City Council, Minutes .06-27-95, Page 8866 Final Action:' To waive further reading of Ordinance No. 95- A.132 , entitled, "AN,ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA', 'RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Edgerton, second Mayor Bowler. AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None At 7:53 P.M..the order of the agenda was returned to item 4. NOVEMBER 7, 1995, ELECTION RESOLUTIONS. Memorandum from City Clerk Elaine Doerfling dated June 22, 1995. CALLING AND GIVING NOTICE OF THE HOLDING OF A REGULAR MUNICIPAL ELECTION OF CERTAIN OFFICERS AND FOR THE SUBMISSION TO THE VOTERS A MEASURE RELATING TO OIL DRILLING. Action: To adopt Resolution No. 95-5752, 'entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A REGULAR MUNICIPAL ELECTION ON TUESDAY, NOVEMBER'7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE STATE OF. -CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A MEASURE RELATING TO OIL DRILLING." Motion Reviczky, second Benz. The motion carried by unanimous vote. by' REQUESTING THE BOARD OF SUPERVISORS- OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION. TO BE HELD ON TUESDAY, NOVEMBER 7, 1995. Action: To adopt Resolution No. 95-5753, entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,` REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO' BE HELD ON TUESDAY, NOVEMBER 7, 1995, PURSUANT. TO SECTION 10403 OF THE ELECTIONS CODE.. Motion Benz, second Oakes. The motion carried by unanimous vote. c) SETTING PRIORITIES FOR,' FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. Action: To adopt Resolution No. 95-5754, entitled, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR PILING WRITTEN ARGUMENTS REGARDING A CITY. MEASURE TO BE SUBMITTED AT THE REGULAR MUNICIPAL. ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995, AND City Council Minutes 06-27-95 DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”: Motion Benz, second Edgerton. The motion carried by a unanimous vote. d) PROVIDING FOR THE FILING OFREBUTTAL ARGUMENTS FOR A CITY MEASURE. Action: To adopt Resolution No. 95-5755, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995.11 Motion Edgerton, second Benz. The motion carried by a unanimous vote. e) FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION. Action:. To' adopt ResolutionNo. 95-5756, entitled, SIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 7, 1995.1! Motion Edgerton, second Benz. The motion carried by a unanimous vote. f) PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE. Proposed Action: To adopt the Resolution to provide for a Special Runoff Election in the event of-a_tie vote., Motion Edgerton. The motion died due to the lack of a second. Action: There was no action taken on this item. 10.. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. , VACANCIES — BOARDS AND COMMISSIONS: EXPIRATION OF' TERMS. Memorandum from, City Clerk Elaine Doerfling dated. June 22,,1995 City Clerk, Doerfling presented the staff report and responded to Council questions. Action: Mayor Bowler directed, with the consensus of the Council, to continue the consideration of interviews of applicants, and/or appointment, or re -appointment, of members of the Planning Commission and the Parks, Recreation and Community Resources Commission to the Regular Meeting of July 25, 1995. City Council Minutes 06-27-95. Page 8868 Action: To re -appoint Ruth Brand and Civil Service Board for four year terms July 15, 1999. Motion.Edgerton, second Reviczky. The unanimous vote. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a) Request by Councilmember Benz for consideration of allowing businesses to rent parking spaces in front of their place of business for the purpose of outdoor dining and/or sales during special event days, eliminating the need for street closure. Barry Warner to the which will expire on motion carried by a Councilmember Benz spoke to his request. Community Resources Director Rooney responded to Council. questions. Action: To bring back as a Municipal Matter the consideration of allowing businesses on lower Pier Avenue to rent street parking spaces in front of their place of business for the purpose of outdoor dining and/or sales during special event days, eliminating the need for street closure. Motion Benz, second Edgerton. The motion carried. 7. b).' Request by Councilmember Benz for review of policy relating to noise complaints and the revealing of the names of complainants when asked. Action: At the request of Councilmember Benz, Mayor Bowler directed that this item be continued to the Regular Meeting. of July 11, 1995.. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, asked the Council to work with BFI to make the collections better; and, Sherry Sturges Manhattan Avenue, said she liked the idea of business use of the lower Pier Avenue ` for outdoor dinning but felt the street should be closed as she was concerned with auto fumes and the safety of diners; questioned the use of a vacant lot near "Good Stuff" for a parking structure, felt- this should not happen;-said:she thought there should be more use of shuttle transport to allow people to use satellite parking for the beach; and, thanked the Council, said it City Council Minutes 06-27-95. Page 8869 was her first attendance at a meeting and she had enjoyed it. ADJOURNMENT- The Regular Meeting of the City Council of the City of,Hermosa Beach adjourned on Tuesday, June 27,. 1995 at the hour of 11:47 P.M. to the Adjourned Regular Meeting of Thursday, June 29, 1995 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of Conference with City Labor Negotiator Stephen Burrell negotiating with the Hermosa. Beach Management Association. Deputy City Clerk City Council Minutes 06-27-95 Page. 8870 VOUCHRE2 06/28/95 17:05 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 CHECK NUMBERS COMMENTS 003910 TO 003914 VOID/PRINTER SET-UP 003934 VOID VOUCHRE2 06/28/95 17:05 ,VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 3915 06/28/95 006230 ADVANCED CONSTRUCTION PROG PMT #5/SOUTH PARK 3916 06/28/95 003209 AIR TOUCH CELLULAR CELLULAR PHONE CHARGES/JUN 95 3917 06/28/95 006447 ASBURY ENVIRONMENTAL SE HAZ WASTE. REMOVAL/CITY YARD 3918 06/28/95 005179 AT&T LONG DISTANCE CHARGES/JUNE 95 LONG DISTANCE CHARGES/JUNE 95 LONG DISTANCE CHARGES/JUNE 95 3919 06/28/95 000857 ATLAS FOODS INTERNATION PRISONER MEALS/JUNE 95 3920 06/28/95 002461 BEACH CITIES CYCLE BICYCLE HELMETS/BEACH PATROL 3921 06/28/95 006237 JACK BECK CONSTRUCTION FILL DIRT/SOUTH PARK SITE FILL DIRT/PARKS DEPT 3922 06/28/95 005253 BECKER SURFBOARDS WORK GUARANTEE REFUND 3923 06/28/95 003190 BLUEPRINT SERVICE & SUP ZONING MAP COPIES. 3924 06/28/95 000034 BUSINESS SYSTEMS CORPOR RING BINDERS/VAULT DOCUMENTS 3925 06/28/95 000016 CALIFORNIA WATER SERVIC WATER BILLING/JUNE 95 WATER BILLINGS/JUNE 95 WATER BILLINGS/JUNE 95 WATER BILLINGS/JUNE 95 3926 06/28/95 000354 COAST IRRIGATION CO. IRRIGATION SUPPLIES/JUNE 95 DISCOUNT OFFERED DISCOUNT TAKEN 3927 06/28/95 004689 DATA TICKET, INC. 3928 06/28/95 000303 DEL AMO MOTORS 3929 06/28/95 006477 DAWN HOLLIS DORNE 3930 06/28/95 000181 EASY READER 3931 06/28/95 005626 EDEN SYSTEMS, INC. 3932 06/28/95 003169 STEVE FILLMAN REG OWNER INFO/MAR-JUN 95 MOTORCYCLE REPAIRS/JUNE 95 CITATION PAYMENT REFUND PUBLIC NOTICES/MAY 95 FINANCE PROGRAM MODIFICATION SPRING CLASS INSTRUCTOR SPRING CLASS INSTRUCTOR 3933 06/28/95 000015 GTE CALIFORNIA,'INCORPO TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 ACCOUNT NUMBER 125-8515-4201 170-2103-4304 001-3104-4201 001-1208-4304 001-2101-4304 001-1206-4304 001-2101-4306 001-2101-4187. 125-8515-4201 001-6101-4309 001-2110 001-1208-4305 001-1121-4305 001-6101-4303 •001-3101-4303 001-6101-4303 001-4204-4303 125-8508-4309 001-2021 001-2022 110-1204-4201 001-2101-4311 110-3302 001-1121-4323 001-1206-4201 001-4601-4221 001-4601-4221 001-1101-4304 001-1121-4304 001-1131-4304 001-1132-4304 001-1141-4304 -001-1201-4304 PAGE 2 ITEM CHECK AMOUNT AMOUNT 57,349.80 57,349.80 292.37 292.37 9,815:00 9,815.00 288.27 15.00 5.00 308.27 129.70 129.70 74.80 74.80 800.00 300.00 1,100.00 1,600.00 1,600.00 17.32 17.32 764.89 764.89 39.71 1,090.28 3,930.91 739.19 5,800.09 221.03 4.51 4.51- 649.88 157.16 20.00 1,302.36 90.00 588.00 686.00 11.46 24.35 12.89 11.46 24.35 24.35 221.03 649.88 157.16 20.00 1,302.36 90.00 1,274.00 VOUCHRE2 06/28/95 17:05 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME 3935 06/28/95 006479 JOHN GUERRA 3936 06/28/95 004075 CITY OF HERMOSA BEACH 3937 06/28/95 006292 HI STANDARD AUTOMOTIVE 3938 06/28/95 002458 INGLEWOOD WHOLESALE ELE 3939 06/28/95 005665. ITX TECHNOLOGIES ,3940. 06/28/95 - 000843 L.A. COUNTY METROPOLITA 3941 06/28/95 001320 LONG. BEACH UNIFORM CO. 3942 06/28/95 006480 LOS ANGELES CHURCH OF C 3943 06/28/95 001255 -MANERI SIGN CO., INC. 3944 06/28/95 003183 MARX BROTHERS 3945 .06/28/95 003080 MERRIMAC PETROLEUM, INC 3946 06/28/95 000388 MOBIL OIL CREDIT CORPOR 3947 06/28/95 006035 NEW BUSINESS LISTS/OC 3948 06/28/95, 006139 OFFICE OF THE BURSAR CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 - TELEPHONE CHARGES/JUNE 95 TELEPHONE-CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 TELEPHONE CHARGES/JUNE 95 PAGE 3 COMM RESOURCES TRIP REFUND WORKERS COMP CLAIMS/06-12-95 PATROL CAR EQUIPMENT SET-UP PATROL CAR EQUIPMENT SET7UP STREET LIGHT BULBS DISCOUNTS OFFERED DISCOUNTS TAKEN ELECTRICAL SUPPLIES/JUNE 95 DISCOUNTS OFFERED 'DISCOUNTS TAKEN - WORK MANAGEMENT SOFTWARE SIDEWALK MANAGEMENT SYSTEM BUS PASS SALES/APRIL 95 BUS PASS SALES/MAY 95 CLASS A UNIFORM/FIRE CHIEF THEATER RENTAL REFUND PIER BATHROOM SIGNS SEMI-ANNUAL HOOD SYSTEM SERV UNLEADED GASOLINE/CITY YARD GASOLINE PURCHASES/APRIL 95 NEW BUSINESS LISTING/MAY. 95 TUITION/M. ROONEY-JUNE 95 ACCOUNT NUMBER 001-1202-4304 001-1203-4304 001-1206-4304 001-1207-4304 001-1208-4304' 001-2101-4304 001-2201-4304 001-2401-4304 110-1204-4304 110-3302-4304 001-4101-4304 001-4201-4304 001-4202-4304 001-4601-4304 001-4601-4201 705-1217-4182 705-1210-4324 001-2101-5402 105-2601-4309 001-2021 001-2022 105-2601-4309 001-2021 001-2022 160-3102-4201 115-8142-4201 145-3403-4251 145-3403-4251 001-2201-4187, 001-3406 001-6101-4309 001-4204-4201 001-1401 170-2103-4310 001-1207-4201 ` 001-4601-4316 ITEM AMOUNT CHECK' AMOUNT 73.05 37.24 244.37 24.35 1,065.41 1,414.83 174.94 11.46 61.59 73.05 73.05 73.05 233.09 123.36 3,791.70 76.00 76.00 3,183.79 3,183.79 - 1,387.31 1,768.94. 280.07 5.71 5.71- 219.92 4.48 4.48- 3,156.25. 499.99 13,022.00 5,550.00 18,572.00 526.00 494.00, • 1,020.00 950.11 181.00 322.80 150.00 4,835.87 14.57 50.00 429.66 950.11 181.00 322.80. 150.00 4,835.87 14.57 50.00 429.66 VOUCHRE2 06/28/95 17:05 VOUCHER/ CHECK CHECK NUMBER_ DATE VENDOR NUMBER VENDOR NAME' 3949 06/28/95 006478 ERICA OSAKO CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITATION PAYMENT REFUND 3950 06/28/95 005107 OWNERSHIP LISTING SERVI 300' NOTICING/APPEAL 3951 06/28/95 000321 PACIFIC BELL TELEPHONE - COMPUTER HOOKUPS/JUNE 95 3952 06/28/95 000519 PAK-WEST JANITORIAL SUPPLIES/MAY 95 3953 06/28/95 000398 POSTMASTER CITATION NOTICE POSTAGE/#460 3954 06/28/95 .001429 _RADIO SHACK BATTERIES/PUBLIC WORKS ADMIN 3955 '06/28/95 001070 RIO HONDO COLLEGE ARREST TRNG/GLEISTEIN & MAPLES 3956 06/28/95 004061 SYLVIA ROOT MINUTES SECRETARY/6-7-95 MINUTES SECRETARY/6-20-95 3957 06/28/95 006221 ROX CONSULTING GROUP, I ST IMPROVEMENT PLANS/MAY 95. 3958 06/28/95 001578 ED RUZAK & ASSOC. 3959 06/28/95 006473 RxLASER, INC. 3960 06/28/95 006476 ANNA SALSIDO 3961 06/28/95 003505 SHORELINE PRINTING 3962 06/28/95 002186 SIRCHIE INC. 3963 06/28/95 006424 RONALD L. SMITH 3964 06/28/95 004987 SMOG EXPRESS TRAFFIC ENGR SERVICES/MAY 95 PURCHASE ORDER SYS SOFTWARE CITATION PAYMENT REFUND WORK ORDER/STOP WORK SIGNS BUSINESS CARDS/OAKES & BOWLER FINGERPRINTING SUPPLIES STORM DRAIN IMP PROG PMT SMOG TESTING/MAY 95 SMOG TESTING/JUNE 95 SMOG TESTING/JUNE 95 3965 06/28/95 003353 SOUTH BAY CREDIT UNION JUNE 95 EXPENSE/R. BLACKWOOD 3966 06/28/95 000018 SOUTH BAY WELDERS TANK RENTAL/MAY 95 TANK RENTAL/MAY 95 3967 06/28/95 000115 SPECIALTY MAINTENANCE C DOWNTOWN AREA MAINT/MAY 95 OVERCHARGE/NOV-MAR PLANTS FOR MEDIANS 3968 06/28/95 003749 TAKATA NURSERY 3969 06/28/95 006229 TRACKIT MONITORING SYST PROG PMT/STORM DRAIN REHAB 3970 06/28/95 000141 WEST PUBLISHING -COMPANY` CODE UPDATES/MAY 95. 3971 06/28/95 005758 WILSON & ASSOCIATES. POLYGRAPHS/P.D. PRE-EMPLOYMENT TOTAL CHECKS ACCOUNT NUMBER 110-3302 001-1121-4323 001-2101-4304 001-4204-4309 110-1204-4305 001-4202-4305 001-2101-4316 109-3301-4201 001-4102-4201 115-8144-4201 001-3104-4201 001-1206-5402 110-3302 001-4201-4305 001-1101-4305 001-2101-4305 160-8302-4201 001-2101-4311 001-2101-4311 001-2101-4311 001-1203-4201 001-3103-4309 001-3104-4309 109-3301-4201 109-3301-4201 001-3101-4309 160-8301-4201 • 001-1121.4201.' 001-2101-4201., ITEM AMOUNT 17.00 111.75 187.32 204.85 2,000.00 7.57 73.00 172.70 110.16 1,585:52 570.00 2,592.00 20.00 211.08 75.78 573.39 45,819.90 20.00 25.00 25.00 46.00 13.50 13.50 2,803.00 2,365.00- 261.97 3,513.74 41.26 1,100.00 4 CHECK AMOUNT 17.00 111.75 187.32 204.85 2,000.00 7.57 73.00 282.86 1,585.52 570.00 2,592.00 20.00 286.86 573.39 45,819.90 70.00 46.00 27.00 438.00 261.97 3,513.74 41.26 1,100.00 178,030.40 VOUCHRE2 CITY OF HERMOSA BEACH - 06/28/95 17:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 40,318.16 105 LIGHTG/LANDSCAPG DIST FUND.. 499.99 109 DOWNTOWN ENHANCEMENT FUND 610.70 110 PARKING FUND 2,841.52 115 STATE GAS TAX FUND 7,135.52 125 PARK/REC FACILITY TAX FUND 58,370.83 145 PROPOSITION 'A FUND 1,020.00 160 SEWER FUND 62,355.64 170 ASSET SEIZURE/FORFT FUND 306.94 705 INSURANCE FUND 4,571.10 TOTAL 178,030.40 PAGE 5 VOUCHRE2 06/28/95 17:05 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE pEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED Mal % TO kV INCLUSIVE, OF THE VOUCHER REGISTER FOR (Ol ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY / FINANCE DIRECTOR DATE July 6, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of July 11, 1995 TENTATIVE FUTURE AGENDA ITEMS July 25, 1995 Ballot measure on Civil Service Update City Manager Ballot measure on Parcel. Tax for Crossing Guard Services City Manager Beach Concert: Horizons Entertainment Community Resources Director Records Retention Schedule City Clerk Biltmore Park Donation: Joe & Betty Noble Community Resources Director Presentation of a donation from Sandpipers for drinking fountain at the Community Center Community Resources Director Staff report regarding ambulance transportation fees for Medicare and indigent patients. Fire Chief Approval of lease agreement with the Los Angeles County Office of Education Community Resources Director Appoint and/or schedule a date to interview applicants for the Parks, Recreation & Community Resources Advisory Commission and the Planning Commission City Clerk Ordinance for Adoption relating to the collection of solid waste and recyclables, amending Chapter 27A of the Hermosa Beach Municipal Code City Clerk Public Hearing: Strand Ordinance and settlement Community Development Director Receive and file action sheet from Planning Commission meeting of July 18, 1995 Community Development Director Reconsideration by Council of Planning Commission approval of a Conditional Use Permit, Precise Development Plan, Height Limit Exception and Vesting Tentative Parcel Map #24276 to allow construction of a two -unit condo exceeding 30' in height in an R-3 zone at 632 Monterey Blvd. Community Development Director Consideration of combining the Planning Commission and the Parks, Recreation & Community Resources Commission City Manager August 8, 1995 Recommendation to deny claims Risk Manager NO MEETING AUGUST 22, 1995 Uncalendared Potential funding for the Parks & Recreation Facility Tax Fund Community Resources Director Inventory of curbs, gutters & sidewalks Public Works Director 1 2//1/4's June 28, 1995 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council July 11, 1995 LOWER PIER AVENUE MERCHANT STREET SALES: COMMERCIAL EVENTS Recommendation It is recommended by staff that Council: Approve the attached policy permitting lower Pier Avenue merchants to rent assigned meter spaces for $15.50 per meter per day for the purpose of selling food or goods during commercial events. Background At the July 27 meeting, Council Member Benz suggested that the City establish a policy to allow merchants to have outdoor dining and to display products during the 1995 slate of commercial events. Historically these street closures have been conducted either by the Chamber of Commerce or Vision Hermosa and have been held only periodically. In order to create additional opportunities for local merchants, Council requested that staff return with a suggested program to allow merchants to participate in all events. The attached resolution allows the Council to approve street closures following a DEC review. Due to the time constraints associated with the Olympic Qualifier, however, this item has been submitted directly to Council for review. Meter buy out fees are established at $15.50 per day. Analysis Attached is a recommended policy should Council decide to approve this request. Central to this policy are the meter fees; requirements for space usage; and insurance requirements. If approved, Community Resources staff will forward the attached application to lower Pier Avenue merchants for the upcoming events and will update Council on the success of this program. Attachments: 1. Event rules and application 2. Resolution 94-5679 Respectfully Submitted, M. C ' . oney Co a a unity Resources Director Concur: Stephen City Manager 11 LOWER PIER AVENUE MERCHANTS 1995 SPECIAL EVENT FESTIVAL APPLICATION In an effort to provide additional benefits for local merchants during commercial special events, City Council has approved a program allowing merchants on Pier Avenue (west of Hermosa Avenue) to use their storefront areas for outdoor dining or product sales for the cost of renting a meter' You may want to consider the theme of each event in determining how or if you will participate. The following dates are available: 1. July 15 16: 8am-8pm for the Olympic Qualifier/Beach Volleyball. 2. Aug. 19 - 20: 8am-8pm for Beach Soccer. 3. Aug. 26 27: 8am-8pm for the AVP World Championships of Volleyball. 4. Sept. 9 - 10: 8am-8pm for Beach Roller Hockey. *Pilot effort. If successful, subsequent events will be scheduled. Rules for participation: A) Merchants may use the metered spaces located directly in front of their store only. B) Merchants with metered spaces "not in use" may release those to another Hermosa Beach merchant. Release will be verified with a signature on this application. C) Merchants may use the sidewalk and adjacent metered area but may not use the inside lane or median area. D) Merchants are solely responsible to obtain any and all Health Department and/or Fire Department permits for food service and/or preparation as required. E) Merchants are solely responsible for the safety and orderly conduct of their areas. F) Merchants are prohibited from selling and/or serving alcoholic beverages in any outdoor areas. G) : Merchants are responsible for maintaining an attractive and clean area which includes providing adequate trash receptacles; restoring and cleaning the area at the end of each day. H) The street will be re -opened at 8:00 pm sharp each day. Merchants must have all items removed from the street and sidewalk prior to 8:00 pm. I) Merchants are responsible for providing the City with a certificate of insurance (aggregate $1 million) naming the City of Hermosa Beach, its Officers, Agents and Employees as additional insured. Name of business Meters requested (please use meter numbers) Date(s) requested Fees:' _meters days @ $15.50 per meter per day = Processing fee @ $10.00 per application = Certificate of Insurance: I have read and agree to abide by the rules and conditions listed in this application. I'agree to hold the City of Hermosa Beach, its officers, agents and employees harmless from and against any and all liability and expense, including defense costs and legal fees, caused by the negligent or wrongful act or omission of merchant their agents, officers and employees, including but not limited to, personal injury, bodily injury, death and property damage. Signature of Signature and business of merchant releasing meter spaces (if applicable). Please note: available to Hermosa'Beach merchants only. Signature of Deliver to: Community Resources Department, 710 Pier Avenue- THANK venueTHANK YOU FOR PARTICIPATING! Deadline: 7 days prior 'to event date. Exception for July 15-16 applications. RESOLUTION 94-5679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO ESTABLISH PROCEDURES AND MINIMUM REQUIREMENTS FOR PERMITS TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS WHEREAS, the City Council held a public meeting on April 12, 1994, to determine _the procedures and minimum, requirements for issuing permits for the temporary use and closure of public streets and made the following findings: A. The Chamber of Commerce has requested. the City to allow street festivals to promote business activity and attract customers to the downtown area; B. Amending the Municipal Code is necessary to allow street closures to allow these temporary events; C.. While the _City Council supports temporary street festivals; in order to protect the interests of the; City, in terms of liability coverage, maintenance of emergency access and circulation of pedestrians and vehicles, it is necessary to regulate the use of public streets -for temporary events and to require the issuance of a permit; NOW, ,THEREFORE, the City Council of the City of Hermosa Beach, California, hereby resolves and establishes the following permit procedures and minimum requirements: Permits shall be issued by the Director of Public. Works subject to the prior approval of the City Council to allow temporary use and closure of public streets for special events,; street festivals or fairs which shall include, at a minimum,the following requirements to protect the public health, safety, and welfare: a. A hold harmless and idemnification agreement shall be executed ' b. Certificate of insurance of $1,000,000 shall be provided adding the City as one of the insured. Each participating business and/or vendor shall carry public liability, personal injury and property damage insurance, or blanket liability coverage for all participating businesses/vendors shall be provided by a responsible organization. Ufa 13 14 15 16 17 18 19 20 21 22 c. A traffic management plan shall be provided to minimize traffic and parking interruption; to ensure proper signs are provided before and during the event to direct traffic flow; and, to ensure emergency access to all property and fire hydrants is maintained. d. A minimum of five foot passage shall be maintained at all times. e. The public right-of-way shall be maintained and cleaned by each participant, and shall be cleaned at the conclusion of the event by the participants and/or the sponsoring organization. f. Subject to the review & recommendation of the Downtown. Business Area Enhancement District Advisory Commission. g. The permittee will reimburse the City of Hermosa Beach for all costs incurred by the City in relation to the holding of the subject event. h. The City of Hermosa Beach will review each application individually to determine whether a Special Event Fee will be charged to the permittee. Such fee will be over and above any reimburseables due the City for costs incurred. PASSED, APPROVED, and ADO D this 26t day of April, 19947 PRESIDENT of the ity Council AndMAYOR of the City of Hermosa Beach, alifornia. p/ccordff APPROVED AS TO FORM: CITY ATTORN 1 Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: July 6, 1995 Regular Meeting of July 11, 1995' RECOMMENDATION TO DENY CLAIMS It is recommended that City Councildeny the following claims and refer to the City's Liability Claims Administrator. Claimant Travelers Insurance Company Date of Loss: 01/04/95 Date Filed 06/08/95. Allegation Alleges wood chips and material from green belt flowed into drains thereby clogging them and causing garage at 414 -2nd Street to flood. Claimant Glen C. Tull Date of Loss: 04/28/95 Date Filed 05/01/95 Allegation Alleges while backing truck in parking lot at Community Center he struck a protruding pipe at base of retainer causing damage to vehicle. Claimant : Mark G. Wall Date of Loss: January & Subsequent Storms Date Filed June 8, 1995 Allegation Alleges City drain inadequate to handle rain water; water overflowed drain & curb through wall causing property damage at 441 -28th Street Claimant ' : Gary Lee Pollard Date of Loss: Date Filed Allegation . 04/10/95 05/04/95 Alleges sewer cleaning caused bathroom commode to overflow causing property damage. A copy of the claims are available in the Office of the City Clerk for review. In addition to the above, the City has received the following claim which has been resolved. Claimant : Helgen Langen Date of Loss: 12/11/94 Date Filed 01/24/95 Damage Property damage due to back up from clogged sewer line. Disposition : City reimbursed claimant $2,317.12 for damages. Claimant : : Myers, Vicki Date. of Loss: 06/28/95 Date Filed : 06/29/95 Damage : City employee backed into claimant's vehicle. Disposition : City paid $1,621.28 for damage to vehicle. Respectfully Sub: Concur: Robert A. Blackwood ary ' ooney Risk Manager ssistant City Manager cc: Bill Fuentes, Colen & Lee mw/deny CLAIM AGAINST THE CITY OF HERMOSA BEACH Travelers Insurance Company, P.O..Box 29092 Phoenix, AZ 85038-8693 Their Insureds Elizabeth Clark • Notices To Be Sent To: Travelers Insurance Company c/o William R. Harmon, Esq. LAW OFFICES OF WILLIAM R. HARMON 301E. Colorado Blvd., Ste. 514 Pasadena, CA 91101 • The loss occurred on January 4, 1995 at or near 414 2nd Street, Hermosa Beach, California 90254 • Wood chips and material from a running green belt path which we believe to be owned and, maintained by the City of Hermosa Beach flowed into drains which clogged said drains when 8th Street was sand bagged forcing water into garage. It is unknown• which public employee or employees caused the loss as they were not present at the time. • Total Amount Sought: $4,626.80 DATED: June 7. 1995 BY: WILLIAM R HARMON Attorney for• Claimant wee IP CITY OF HERMOSA BEACH ' F, v CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RESERVE FOR FILING STAMP g. 0 a DEPT. NO. INSTRUCTIONS - 1. Claims o m for death, injury to person or to personal property must be filed not - than six months after the occurrence. (Gov. Code Sec. 911.2) 2. 2. Claims for damages to real property must be filed not later than 1 year after the occurrence (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. �1_ ` / 6 y ����•� � PP' . f ITN & 4 t 'C I -,1) 1.'- 18�' r rte. 3, r rig A. �"Q 99 ' .1:72. l� � �,�� ; c,., CM.t Z�etty of Hemmos, taxes qii -,(t -KV , re?;3 Name of ClaimantDate G- N ' C -MU_ L` Of Birth Of Claimant :.--1 (el (C 1 Home Address Of Claimant 9pZ1, , Si t to e-2 v t LLA 7\.\/` LAW 1.1DALg. Occupation of Claimant T oo L- Col, -11 -P --Ac <--ro Business Address of Claimant Home Telephone Number Give address and telephone number to which you desire notices or communications to be sent regarding this claim..---- Business Telephone Number t�°L ( sic) .SOI 3 /11 I' f S . -/JS LZ vScciz.o A- fw C hr Oi_i Claimant's Social Security No. S'/ 6- Z 9- S I -1 ! n.) maw z.c, e eAi 1 9 3 Lo z({ ?'O Date of Damage/Loss/Injury l2-211 Time // A.M. C� PV:' Place of Damage/Loss/Injury • R J(,- L . -0-F 1pg- k. T 141.1 is ch)_i-s How did damage/loss/injury C D ac?. - occur? (Be specific) CIVM --DO W 0 4 t 1-L- (9) S Pi Ni 6 SP.Cr 3 eW Pt 11--- ' tiv A gzo. Q.i� C't-c,7,,i w �. cL 5P D i-. a r. ""'r' -t' s ' c' -_c"4 -B2,`1.,'"1. t Vis+ (1� t re, r.r, t.�.ZA it d �Ca (A S e-)sr� Were Police at scene? Were Paramedics at scene? Yes ■ No- Report No. Yes IN No f2-- What particular act or omission do you claim caused the damage/loss/injury. Q - C 6,s 0-F. re+4L h. - wai( b,--- o t) -f '1,46 , -1, . a«,G e,( �� W.fr Lre O N,.L v L, ; (e._ _. vis"( b (e- p P ... -fL, bei- 64i a -(c w c4u-s. -NA oust +(. i- % i -,4-1A-%5 e Name of City employee(s) causing the damafje/loss/injury: J THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. claimfrm.dor The amount claimed, as of the date of presentation of this Damages incurred to date (exact): Expenses for medical and hospital care claim, is computed as follows: . (please attach estimates/receipts) Estimated expenses for medical and hospital care Future expenses for medical and $ hospital care Future loss of earnings $ Other prospective special <: damages $ $ Prospective general damages Total estimate prospective $ damages $ Loss of earnings $ Special damages for General damages Total damages incurred to date WITNESSES to DAMAGE or INJURY:. LIST ALL PERSONS and addresses of persons known to have information: Name W (.L(, .,0\j Address Phone r ss%i-V . Name Address Name Address Phone Phone DOCTORS and HOSPITALS: Hospital Address Date Hospitalized Doctor Address Date of Treatment Doctor Address Date of Treatment READ CAR 'For all accident claims place on following diagram' names of streets, including North, East, South, and West; indicate place of accident by X' and showing house number or distances to street corners. If City vehicle was involved, designate by letter A' location of City vehicle when you first saw it, and by `8' location of yourself or your vehicle EFULLY `when you first saw City vehicle; location of City vehicle at time of accident by A-1' and location of yourself or your vehicle at the time of the accident by 13 -1 -and the point of impact by 'X'. NOTE: If diagrams below do not fit the situation, attach hereto -a proper diagram signed by claimant. • CURB71. PARKWAY SIDEWALK Signature of claimant or person filing on his behalf giving relationslaimant: Typed Name: Date: es4,<;hrAilet NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72) CLAIM s.NO.: DEPARTMENT CODE: CITY CLAIM REPORTING FORM FOR ALL. PERSONS OR PRO MAIL TO: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach,CA 90254 COPIES TO: Claims tor death. injury to persons, or to Personal property. must be filed not later than (Gov. Code, Sec. 911.2). - 2. Claims for damages to real property must be filed not later than one (1) year after the oc 3. Read entire claim before filing. Attach separate sheets, if necessary, to give full details. riii‘ltib months':itk l,lhe occu • CITY `•3T ttEPi a5A BEACH ce (Gov. Code, S 12 Name of Claimant 'last,- - first , middle) ALL , AAA2)< G. I Age ✓! Home Address of Claimant (Street, City; State. Zip),,Telephone 5 9 LAS 7vA/m- ORfve— Raine) %' ut ON4'1,(, WR.Ktn/l, rtoul21lJ&J CA LPti`7i'/') No. (Cl9 )945- Business Address of Claimant (Street. City. State. Zip) " sem.- 5/1/4 LOS (Ley '7' C, ?Zo 6 g Telephone No. ( >'f -- Address to which you desire notices or communications to be sent regarding this claim: -- /11 ov E Is the total amount of -your claim, including the estimated amount of any prospective injury, Mess than $10,000.00-. If so, state the amount * 4G 0 more than $25,000.00 . Date of Damage/Loss/Injury--Al,/Time -3kjA1:•}� 1 S�fjSt gari-fv'k)NS - I kM. P.M. Place of Damage/Loss/Injury ^, , z s91r Heluitusk r C t 1 y DRAW aN'Oi LI tii)7E} k/ vvi) t Lyj How did damage/loss/injury occur? (Be specific) 7u PIAN/ P L i✓ R A W W A7E1R . £\/ I E'2 t/ E . rc o JeD p ik/ ',4 Cvr21? 1 Tri✓ Raine) %' ut ON4'1,(, WR.Ktn/l, rtoul21lJ&J CA LPti`7i'/') ell-Po/del 4- FA -17_,-7 OF vv. Report No. Were Police at scene? Yes 0 No Were Paramedics at scene? Yes 0 Nom do the damage/loss/injury What particular act or omission you claim caused C,31.1sisTc iJY JN4V )vRcy. Of% 7 -iv (70\4.5: C) PRA/n/ 1r1 ALL °Y 2-• 1 CID/S g-e-SPVP/SE 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, Mess than $10,000.00-. If so, state the amount * 4G 0 more than $25,000.00 damage, or loss: (Superior Court Jurisdicti 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) es c mz��� 7 C.Ai P 7 R��, =-- A r�v7 ,r 3 C/1^� Pril 5y lhl-1/4)r,fT6 i 2 q 3y GA Vre) 4 I 7 7 Expenditures made because damage/loss/injury (Date and Item). - - — of 65,c 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):�`p wlJ Cc41 dr by rv\a, 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 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) HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND CERTIFY THAT THE SAME IS TRUE OF h! 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. 1 DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRU AND CORRECT. NOTE: PRESENTATION OF A FALSE CLAIM iS PUNISHABLE AS A FELONY (CAL. PEN. CODE 72). �r0 o � o ►;e=/ BEACH W..6. �a� CITY OF HERMOSA r CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office • . City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RESERVE FOR FILING STAMP 310 DEPT. NOy \ tF- I 1 �� � ,� ..� /" `` . /s, c,,5.1 F , s - � tis„ ! :._:r '- /. ' _c,,; ; `' r -- 1?_ �� l�j t:,;� Q 1� `"'"" °°+Y f i1 �6nr.oaa Based /� \ -:•.: cn� -co/ \•'' '� \' 7~' , } i `� a ./ �� / j 3�,->' t, ^ INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. Name of Claimant 6\i �E.E POLE N R6 Date Bi Of Claimant ii I t' 4.4,,, Home Addr ss Of Claimant Ito 121/1 TI -K. STe N 1J b Occupation ofClaimant QE..TI Business Address of Claimant Home Telephone Number liom SE. aysok 6..0 Pyr ( )KVA 3144351 Give address and telephone number to which you desire notices or communications to be sent regarding this claim. Business Telephone Number Q) IN ( )' QI Claimants Social Security No. Date of Damage/Loss/Injury ' r /I o i 1 G5 Time ; , A.M. P.M. Place of Damage/Loss/Injury QEstEl.)CC How did damage/loss/injury t3P\i Q4oiht occur? (Be specific) c eA,) E.� Cl.E. h `T CAL C4\%dtE. Tb v1oLek.TI.`e 59 Eck) .8 ovE Were Police at scene? Were Paramedics Yes IN No r:i'' Report No. at scene? Yes ■ No tir What particular act or omission do you claim caused the damage/loss/injury. CO reACtv2 t. C{.�. 1 scree I- ta)U2 t,t 6E.1\.)C-- O it --ES Name of City employee(s) causing the damage/loss/injury: - COI•STRAC-roe. THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. claimfrm.doc nate of presentation, of this claim,. is Com Damages incurred to date (exact): Expenses for medical and hospital care.:.. Loss of earnings Special dama�"ges for �H ESTeF 2uc tofu ................... General damages.............s Total damages incurred to date .... CouE;C.TIIukJ puted as follows: (please attach estimates/receipts) Estimated expenses for medical and hospital care Future expenses for medical and hospital care.::.... Future loss of earnings: , . $ Other prospective special damages........... Prospective general damages Total estimate prospective damages .................. . WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS s known to Address Name - $ (j r� V1 I r �N and addresses of person ((e p Thi VA K 4N 9 Name Name NSW CT`' Address P tA14.0 TOO K Address DOCTORS and HOSPITALS: Hospital Doctor Doctor Address Address Address For all accident -claims place on following diagram names • of streets, including North, East, South, and West; indicate place of'accideht by X' and showing house number or distances lc; street corners. If City vehicle was involved, designate by letter )V location of City vehicle when you first saw it, and by 'B' location of yourself or your vehicle READ CAREFULLY when you first saw City vehicle; location of City vehicle at time of accident by A -rand location of yourself or your vehicle at the time pf the accident by 'B -r •and the point of impact by •X•, NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. Phone Phone Phone $ Date Hospitalized Date of Treatment Date of Treatment SIDEWALK CURB" 1, SIDEWALK Signature of claimant or perso giving relationsh. to Claiman on his behalf Typed Name: NOTE CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec, 915a), Presentation of a false claim is a felony (Pen. Code Sec. 72) clfrmpg2.doc Honorable Mayor and Members of the Hermosa Beach City Council June 28, 1995 Regular meeting of July 11, 1995 West Basin Municipal Water District - Retrofit Funding Recommendation: It is recommended that City Council: Approve the Retrofit Financing Agreement between the City of Hermosa Beach and the West Basin Municipal Water Distrct.(WBMWD) Background: A Notice of Completion was filed on January 17, 1995- indicating'the completion of construction on the WBMWD Water Reclaimation Project. This main distribution line, located within the Hermosa Beach Greenbelt, brings low-cost recycled water to the South Bay Area. These lines have recently been filled and are presently being served by a fully operational treatment plant in El Segundo. Reclaimed water is now available for irrigation use within the City but work is necessary to convert the City -owned facilities from potable to reclaimed sources.. Soon to be completed South Park was designed for reclaimedwater and will be the City's first facility to utilize this new technology. Older existing facilities such as Valley Park, Clark Stadium, City Hall and the Community Center will require varying degrees of retrofitting to meet County Health Department standards for recycled water use. The total cost to update these irrigation systems is $38,352. The Greenbelt is the City of Hermosa Beach's largest user of irrigation water. It uses as much water as the other parks and civic areas combined. The existing irrigation system within The Greenbelt is quite old, with much of it being an above -ground "Skinner line" type system. This manually controlled system is in constant need of repair as these lines are unprotected and are therefor exposed to being kicked , hit, and run over. While this system could be modified to except reclaimed water for an approximate cost of $32,000, the 'deficiencies noted would not be corrected. A fully automated subterranean system with pop-up sprinkler heads is estimated to cost $120,000 including reclaimed water retrofits. • Analysis: In light of recent budget restrictions City funding of the aforementioned improvements was not available. City staff, in coordination with the WBMWD, has negotiated a financial assistance program whereby the District would finance the construction of the retrofit improvements to promote the use of recycled water. In exchange for these improvements the City would pay the District a surcharge on deliveries of recycled water to the City owned sites. This surcharge would be equal to the difference in price between potable and recycled water until the. District recovers it's initial retrofit costs plus accrued interest of 7% per. year. The City would reserve the right to pay the remaining balance at any time without penalty. In this way the City will benefit from recycled water immediately and the District will benefit by reducing it's dependence on imported water. The WBMWD, under theirsonservation garden program, has also made grant funds in the. amount of $10,000 available for improvements on The Greenbelt. Fiscal Impact: In exchange for the $158,400 in improvements to be financed by the West Basin. Municipal Water District the City of Hermosa Beach would agree to paypotable water prices for reclaimed water until the retrofit cost plus 7% accrued interest is collected. The yearly cost difference (based on 104 acre-feet/year at present recycled and potable water costs) that would be applied toward this repayment is estimated to be $11,700. The District would recover their costs m approximately 14 years. Respectfully submitted, sepli C. Mankawich Capital Improvement Program Engineer • Noted For Fiscal Impact:. Viki Copeland Director of Finance attachment JCM/retroft. doc Concur: :11'1(A(Lt Amy Armani Director of Public Works Ma ney Di ctor of Community Resources // Stephen R. Burrell City Manager DRAFT RETROFIT FINANCING AGREEMENT NO. between WEST BASIN MUNICIPAL WATER DISTRICT and CITY OF HERMOSA BEACH As of , 1995, West Basin Municipal Water District, hereinafter "DISTRICT", and City of Hermosa Beach, hereinafter "CITY",agree as follows: SECTION 1. DISTRICT is constructing a system to distribute a portion of the recycled water produced at the West Basin Water. Recycling Plant (hereinafter "Water Recycling Plant") on a wholesale basis. A portion of the recycled water will be purchased from District by California Water Service. Company (hereinafter "COMPANY") at wholesale rates, and resold within COMPANY service area in accordance. with COMPANY rates, rulesand regulations for the sale and distribution of recycled water. CITY wishes to obtain such water for irrigationpurposes within the CITY limits in lieu of continued purchase of potable water from COMPANY: Recycled water cannot be, used without improvements (hereinafter "retrofit improvements") to assure the recycled water and potable water pipelines remain separate. DISTRICT wishes to finance the construction of retrofit improvements to promote use of recycled water. SECTION 2. DESCRIPTION OF WORK (a) . DISTRICT shallinstall or shall provide financing for the installation of improvements to sites designated and owned by. CITY as necessary to accommodate delivery of recycled water. Designated sites, retrofit improvements, and the estimated costs thereof are shown on Exhibit "A", attached hereto and incorporated herein as though setforth in full. (b) Upon completion of the work, DISTRICT shall provide CITY an accounting of construction costs and as -built drawings. (c) All retrofit improvements constructed or altered by the DISTRICT pursuant, to this Agreement shall be subject to inspection and approval, and shall be the sole property of CITY. CITY shall maintain and replace retrofit improvements, as necessary to continue to receive recycled water: SECTION 3. CONSIDERATION (a), CITY shall provide DISTRICT and its contractors with free entry to the designated sites during the construction period, and shall pay to the DISTRICT an administrative surcharge on all deliveries of recycled water to sites.. This surcharge shall be equal to the COMPANY's potable water rate less the COMPANY's recycled water rate, andalso less any net increase in Agreement Page 1 of 2 water meter charges or "readiness -to -serve" charges which may be imposed by COMPANY, and shall apply until the DISTRICT recovers initial retrofit costs, plus accrued interest at seven percent (7%) per year. (b) This surcharge may be -billed to CITY either directly by DISTRICT or by COMPANY as an attachment to its billing for recycled water. If billed by COMPANY, COMPANY shall remit to DISTRICT all surcharge payments received. However, COMPANY shall assume no responsibility or liability in event of non-payment of said surcharges by CITY. In event of non-payment of said surcharges by CITY, DISTRICT shall take whatever collection measures may be authorized by law. (c) CITY retains the right the pay the remaining balance plus accrued interest at ,any time without penalties. SECTION 4. 1NT)FMNTFICATTON DISTRICT shall indemnify CITY for negligent acts or omissions committed by DISTRICT in performance of its obligations under this Agreement. Similarly, CITY shall indemnify DISTRICT for negligent acts or omissions committed by CITY in performance of its obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date first, above written. APPROVED: WEST BASIN MUNICIPAL WATER DISTRICT By: Richard W. Atwater, General Manager District 'Counsel APPROVED AS TO FORM: WAYNE K. LEMIUEX, District Counsel By: APPROVED: APPROVED: By: By: City Attorney City of Hermosa Beach City of Hermosa Beach Agreement - Page 2 of 2 RETROFIT - ESTIMATE ACRE-FEET/ YEAR Hermosa Valley Park . $ ` 7,792 19 Clark Stadium $ 16,840 17 Public Library/City Hall $ 10,000 5 Community Center $ 3,720 14 Greenbelt $120,000 49 TOTAL $158,352. 104 . Honorable Mayor and Members of City Council Meeting of July 11, 1995 the Hermosa Beach City Council RECOMMENDATION TO ADOPT A RESOLUTION IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES ANDFRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS, AUTHORIZING THE EXECUTION OF NON -DISCLOSURE AGREEMENTS, AND DESIGNATING MUNICIPAL RESOURCE CONSULTANTS AND THEIR AGENT AS REPRESENTATIVES OF THE CITY Recommendation: To adopt the attached resolution: 1. Issuing subpoenas; 2.. Authorizing the City Manager to execute non -disclosure agreements; and 3. Designating Municipal Resource Consultants and their agent ("Consultants") as authorized representatives of the City for the. purposes of conducting an audit of the City's gas, electric, water, telephone, and CATV utility users taxes, and gas, electric and refuse franchise fees. Background: At the regularly scheduled meeting of June 27, 1995, the City Council approved a contract with Municipal Resource Consultants for revenue auditing services. Analysis: The resolution allows utility service providers to release essential data to the Consultantson behalf of the City in the course of conducting the audit. Without this resolution, utility providers have refused to release the data because of liability concerns ontheir part related to disclosing customer proprietary information. , Non -disclosure agreements will be used only when requested by the utility company.. Respectfully submitted: Viki Copeland, Finance Director UUTAUDIT/C/ lU NOTED: 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. 95-57 A RESOLUTION OF TICE CITY. COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES AND FRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS, AUTHORIZING THE EXECUTION OF NON -DISCLOSURE AGREEMENTS, AND DESIGNATING THE CONSULTANTS AS REPRESENTIVES OF THE CITY; WHEREAS, the City derives substantial revenues from its utility users taxes and franchise fees; WHEREAS, it is prudent and appropriate that the City perform a periodic audit of those persons or entities responsible for the collection and/or payment of utility users taxes and franchise fees to the City; WHEREAS, in order to conduct a thorough and efficient audit, the City -requires reasonable access to certain information, records, and data of those persons or entities responsible for the collection and/or payment of utility users taxes and franchise fees to the City; WHEREAS, with respect to the. City's auditing of gas, electric, water, telephone and CATV utility users taxes and franchise fees, the City has retained the services of Municipal Resource Consultants and Donald H. Maynor (through MRC), hereinafter "Consultants"; NOW, 'THEREFORE, '1HE CITY COUNCIL OF '1'H1; CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Institutes an audit proceeding of the City's gas, electric, water, telephone and CATV utility users taxes and franchise fees, wherein the City Staff and Consultants shall periodically report to the City Council the findings of such audit activities. Section 2. The City Council hereby issues and authorizes the Mayor of the City Council to sign subpoenas pursuant to Government Code §37104 et seq., requiring the subpoenaed party to provide certain information to the City and/or its authorized representatives 6 10 11 12 13 14 15 16 17 I8 27 28, for purposes of conducting an audit of the City's gas, electric, water, telephone and CATV utility users taxes and franchise fees: Section 3. Designates Consultants as authorized representatives of the City for purposes ofconducting an audit of the City's gas, electric, water, telephone, and CATV utility users taxes andfranchise fees, and for purposes of requesting audit information and information described in Public Utilities Code §6354 and for purposes of receiving such subpoenaed or requested information. Section 4. Authorizes the Mayor, City Manager, and/or Consultants, as required by the responding party, to execute non -disclosure agreements on behalf of the City in appropriate. cases in which confidential or proprietary information is requested or subpoenaed, and such information is not subject to disclosure under the Public Records Acta PASSED, APPROVED and ADOPTED this 27th day of June, 1995. President, of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney -2- In re: Audit of Electric, Gas and Telephone Utility Users Taxes and Franchise Fees. TO: FROM: ). SUBPOENA For Production of Business Records Govt. Code §37104 et seq.) CUSTODIAN OF RECORDS OF GTE CITY OF HERMOSA BEACH 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true, legible, and durable electronic copy of the business records described in item 3 to: MUNICIPAL ' RESOURCE CONSULTANTS, do Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certifythe records; b. the copy is a true copy of all the records described in the subpoena; c. if GTE has none of the records described, or only part, thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. ' 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's utility users tax. b. The names, addresses and account numbers of all current GTE customers, for telecommunication services, by revenue class within the City. c. The gross amount of revenues billed to each account for intrastate -intra lata toll services, network access charges, all ancillary services (e.g. custom calling), intrastate -inter lata charges, billed by GTE, and the amount of the City utility users tax collected from each such account. d. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Dated Issued: Mayor of Hermosa Beach In re: Audit of Electric, Gas ) and Telephone Utility User Taxes ) and Franchise Fees. ) )- SUBPOENA For Production of Business Records Govt. Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF PACIFIC BELL FROM: CITY OF HERMOSA BEACH 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true, legible, and durable electronic copy of the business records described in item 3 to: MUNICIPAL RESOURCE CONSULTANTS, ,c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the, records described in the subpoena; c. if Pacific Bell has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available.. 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's utility users tax. -1- b. The names, addresses . and account numbers of all current Pacific Bell customers, for telecommunication services, by revenue class within the City. c. The gross amount of revenues billed to each account for intrastate -intra lata toll services, network access charges, all ancillary services (e.g. custom calling), intrastate -inter lata charges,: billed by Pacific Bell, andthe amount of the City utility users tax collected from each such account. d. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Dated Issued: Mayor of Hermosa Beach o:\uut\pacbsub In re: Audit of Electric, Gas and Telephone Utility User Taxes and Franchise Fees. ) SUBPOENA For Production of Business Records (Govt. Code §37104 et seq.) TO: FROM: CUSTODIAN OF RECORDS OF SOUTHERN CALIFORNIA EDISON COMPANY CITY OF HERMOSA BEACH 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true, legible, and durable electronic copy of the business records described in item 3 to: MUNICIPAL RESOURCE CONSULTANTS, do Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; c. if Edison has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's utility users tax. b. The names, addresses and account numbers of all current Edison customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of City utility users tax collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Dated Issued: 'Mayor' of Hermosa Beach In re: Audit of Electric, Gas and Telephone Utility. User Taxes and Franchise Fees. ) SUBPOENA For Production of Business Records Govt. Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF SOUTHERN CALIFORNIA GAS COMPANY FROM: CITY OF'HERMOSA BEACH 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true, legible, and durable electronic copy of the business records described in item 3 to: MUNICIPAL RESOURCE CONSULTANTS, c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361: 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; c. if SoCalGas has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's utility users tax. b. The names, addresses and account numbers of all current SoCalGas customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of City utility users tax collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. d. The names, service and billing addresses, account numbers, and gas quantities delivered for all current SoCalGas customers (including transportation only customers) for which SoCalGas transports, but does not supply, all or part of the customer's gas supplies (including CIGs and AIGs). e. The names, service and billing addresses, and account numbers . of all current SoCalGas customers (including transportation only customers) for which SoCalGas supplies and/or transports gas that is used in the cogeneration of electricity. Dated Issued: Mayor of Hermosa Beach City Clerk o:\uut\scgsub '-'7//(/9" July 6, 1995 Honorable Mayor and Members of the Regular Meeting of July 11,1995 Hermosa Beach City Council SUBJECT: ARCHITECTURAL MODEL OF DOWNTOWN PURPOSE: REQUEST FROM THE DOWNTOWN ENHANCEMENT FOR AUTHORIZATION OF A $3,600 CONTRIBUTION TO THE PROJECT Recommendation The Downtown Enhancement Commission recommends that Council authorize use of the Downtown Enhancement Fund advertising account to provide the requested funding. Background Deborah Torres, a teacher at USC has obtained a matching grant to fund the preparation of an architectural model for the downtown. She has requested that the City provide. $3,600 in order to complete the project. When completed, it is intended that the model will be displayed in a downtown storefront studio. It will be used as a planningtool and will help promote the downtown, and downtown revitalization efforts. The Downtown Enhancement Commission forwarded this request to the Council to authorize use of the advertising account in the Downtown Enhancement Fund for the requested purpose. Analysis The balance in the Downtown Enhancement Fund advertising account from the 94'-95' budget is $7,168.04. The use of this money as requested is consistent with the objective of the Commission to promote .downtown. The eventual display of the model will serve a promotional purpose as it will enhance interest in the architecture, and ongoing changes in the structures and the appearance of downtown., It will also serve educational purposes, and could be used as a decision-making tool, enabling the community and elected officials to better evaluate the potential effects of changes to the downtown. Sol Blument'eld' Community Development Director CUR: :&JQ (om) Stephen R. Burrell City Manager NO . D FOR FISCAL IMPACT: joi T Viki Copeland Finance Director the retrofitting must be completed. He stated significant voluntary retrofitting compliance with several do ntown projects hadbeen made without the aid of subsidy. Rickarned, 1727 Monterey Ave., Director, Historical Society,said the Mills Act does not a restrictions on property owners or markedly impinge on property owners' ri ed p servation and incentive programs if the need became apparent within the "do involunta "highway" are No one else wishe • o speak, and Chmn. Spiritus closed the public hearing at 7:0 Chinn. Spiritussuggeste historical landmarks. Mr. enhancements being made. • good idea. He discussed the la Director Blumenfeld commented assistance and incentives to propert incentives are currently in place. He dis Commissioners. Chmn. Spiritus recommended as a future age building appreciation and preservation. • p. pose ts. He town" and a 'Building Appreciation" Board be established, w' presentations made as arned invited residents to visit the downtown ea to view the changes and mm. Newton agreed support of historicbuilding preservation was a of safety of many` historical buildin"and the need for retrofitting. e Council had directed Staff to eview methods and of fmancial owners who had building equiring retrofitting. Some of the ssed the difficulties this issue and associated costs with the da m The Commission agreed residents would. s the Bijo if it were no longer in operation. Comm.` Newton suggested the City could assist is parking. D ector Blumenfeld stated the owners had complied with retrofitting requireme by submitting plan Actual retrofitting does not have to commence until next year. The Cit is currently pursuing issue adjacent to the theatre use. the formation of a subcommittee to study 4 �. 1 0 'Director Blumenfeld sta this project. He felt i of the budget. continued) d Staff recommended this item be` continued. uncil is currently reviewing portant the Commission receive the results of tha review prior to its review Blu enfeld stated Staff had received a requesttomake a presentation.pe taining to a funding e noted this request had not been placed on the agenda. The Commissio agreed to allow est to be made due to stated time constraints by the requestor. Director request. the re inn. Spiritus opened the public hearing at 7:18 p.m. Debra Torres,: st< that during the RU/DAT study, she noticed no visual aids were available to committee members. Having an architectural background, she obtained a $5,000 grant to assist in the completion of a modelofthe downtown area which she intended todonate to the City. She and her students have gathered sufficient information to begin making the model. She requested funding of $3,000 from the City to enable the model to be completed, hiring of a student for the summer at Page 3 DEC MINUTES 6-7-95 (Z) Enclosed please find a revised Schedule and Budget for the "Storefront Community Design Studio: Building a Model of Hermosa Beach"..I enclosed my origninal proposal, schedule and budget, as well as the revised versions. The major changes are: The model will be at 1"=40' of the Downtown Core only: The final size will be 4' x 9' . • Model will be done in three, instead of six months. By building a smaller focus, area at a larger scale we significantly reduce our preliminary research and verification, as well as, cutting of pieces. We will do all preliminary work off-site (not in the storefront studio) so we only have to pay for one month's rent. Paid project director (student) will work with volunteers doing preliminary work off- site and also be at the storefront studio daily to ensure project's timely completion. I refigured the budget so Storefront Studio rent is paid by the AAUW Grant. The AAUW grant cannot, however, be used for salaries (.See AAUW Grant Guidelines ). Call me after you review this and let me know if we can submit the salary budget for City approval. One of my students (a 4.0 honor student) has been helping with the preliminary planning and purchasing and would like to run the studio as a project director. I'd like to complete this project this summer and would greatly appreciate your support in helping me get final funding. "I believe the enlarged model of the downtown core will be a truly helpful planning tool for the community and the Storefront Studio will help educate residents about the project. Thanks for everything. Sincerely, Deborah work (310-399-9386) Revised Action Plan Storefront Studio: Building a Model of Hermosa Beach May 20, 1995 Scope of Work Build a basswood model of Hermosa Beach at 1"=40'. of the downtown core. Final size will be 4' x 9' (built in 3 sections). Duration of Project 3 months: June and July, 1995- preliminary work done off-site August 1995 model assembled in storefront studio A storefront on the main commercial street, Pier Avenue. Process - This project will be accomplished by a team of ten to twenty volunteers, each contributing a minimum of 4 hours per week. Weekly meetings will be held to discuss and evaluate process. Role of ProjectDirectors - advertise project teach modelmaking skills - keep project on schedule and within budget - provide continuity in process by having one paid project director work on site with volunteer modelmakers daily - encourage women (and other community members) to -contribute to the design of the process and develop methods of evaluation - deal with problems immediately arrange for permanent display of model in City Hall Schedule Preliminary work: Obtain aerial photos and maps of Hermosa Beach showing infrastructure and buildings (completed with 1986 aerials/revise with updated aerials) - Make budget (completed) - Obtain support from Director of Public Works, Downtown Improvement Board and Chamber of Commerce(completed) - Photograph Downtown Core (completed by USC students Fall 1994) - Create analysis boards of downtown core (completed by USC students Fall 1994) -.find storefront on Main St. for August 1995 - verify aerials (field work: verify location, bldg. hts., other pertinent info) - collect other maps (topo, zoning, bldg. hts.) - advertise project to community women (meetings, newspaper,etc.) - purchase model materials - purchase/collect studio supplies - (first week) hold organizational meeting to explain grant and organize groups: 1) topography. builders 2) building makers 3) assemblers 4) record keepers - (second week) meeting to teach hands-on modelbuilding skills/photos and samples used as visual aids - (third and fourth weeks) build base of model (off-site) and make individual buildings (off-site) AUGUST: set up storefront studio - build topography including streets and sidewalks (two weeks) - adhere buildings (two weeks) Documentation and Evaluation The process will be recorded in written and photographic form: This can be used for self evaluation and as a model for other communities. REVISED BUDGET Storefront Studio: Building a Model of Hermosa Beach 20 -May -95 Part I. Materials and Studio Rental Photograph downtown core/ Analysis Boards Advertise . Project Materials for basswood model: Base for permanent display Materials to set up studio_ Documentation: film + developing Rental of saws Storefront Studio. Rental/. one Part II. Salaries month $700.00 $300.00 $2,000.00 $200.00 $300.00__ . $300.00 $200.00, $1,000.00 $5,000.00 June and. July, 1995: advertise project teach modelmaking skills obtain + verify updated maps find storefront purchase all model materials purchase/collect studio supplies August 1995: on-site, supervision of project and volunteers 160. hours @ $10/hr. 40 hours @ $15/hr: 80 hours @ $10/hr. 40 hours @'$15/hr. TOTAL $1,600.00 $60.0.00' $3.600.00 AAUW EDUC-�i IONAL FOUNDATION Deborah Torres 5388th Street Hermosa Beach, CA 90254 Dear Ms. Torres: February 10, 1995 'As we discussed ort the phone yesterday, the AAUW Educational Foundation will not release the balance of your Community Action Grant funds ($2,500.00) to you until I receive written confilivation that other funding has been sought and guaranteed for the hiring of a project director to ensure that the project is completed in a timely. fashion. I must receive this written confirmation of a funding award prior to June 1, 1995; if you are unable to provide such confirmation by that date, we will expect you to return, by y June 30, 1995, all unused funds that have been awarded to you. Please feel free to phone me at 202-728-7609 if you have any further questions. Best wishes in your efforts to obtain additional funding to allow for completion of the model -building project for Hermosa Beach. Kim Groome Senior Program Officer AAUW Educational Foundation "I i•,':1D ( .\ I i'» \ • Relevance of proposed project to the AAUW Educational Founda- tion mission; that is, education and equity for women and girls • Evidence of project need Clear and specific objectives Creativity of solution to problem. or concern • Evidence of careful planning, fea- sible plan of action, realistic time frame, and clear evaluation pro- cess • Qualifications of project director •. Validity of budget, including ad- equate outside support, in meet- ing project needs Clarity of written proposal AWARD INFORMATION Awards range from $500 to $5,000. Requests must not exceed this limit. Funds are available for • Postage, mailing, shipping • Photocopying, duplicating • Office supplies • ' Audio-visual materials Project -related telephone costs • Professional fees or honoraria • Temporary, hourly clerical help • Lease of equipment or facilities • Advertising/publicity/graphic de- sign • Transportation (no more than one- third of grant request;. 21 cents per mile for auto expenses) Funds are not available for • Salaries for project directors, per- manent positions, or scholarships Building funds, construction, or renovations • Meals, food, beverages, or lodging • Purchase_ of equipment • Personal expenses, shelter, and life or medical/health insurance • Previous expenditures, deficits, or loans Notification of Awards Notification of awards for .Commu- nity Action Grants 'applications sub- mitted by the February 1,1994, dead- line will be mailed by April 30, 1994. Notification of awards for Commu- nity Action Grants applications sub- mitted by September 1, 1994, will be mailed by November 15, 1994. The Foundation is unable to provide in- formation on the status of any pro- posal prior to the notification mailing date. Conditions of Awards All Grant recipients are required to sign a contract accepting the award. Grants in the amount of, $3,000 or more are awarded in two equal pay- ments at the beginning and midpoint of the fiscal year. All Community Action Grants must be expended during the fiscal year (July 1 -June 30). All unused grant. monies must be returned to the Foun- dation at the end of the fiscal year. REGULATIONS (1) AAUW Educational Foundation, Legal. Advocacy Fund and Associa- tion.boards committees, panels, task. forces, and staffs are ineligible to ap- Mayor and Members of the City Council July 5, 1995 City Council Meeting July 11, 1995 ORDINANCE NO. 95-1133 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,. AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX." Submitted for adoption is Ordinance No. 95-1133, relating to the above subject. At the meeting of,June 27, 1995,. this ordinance was presented to Council for consideration and was introduced by the following vote: AYES: Oakes, Reviczky, Mayor Bowler NOES: Benz, Edgerton ABSENT: None ABSTAIN None Noted: Stephen R. Burrell, City Manager Elaine Doerflig, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 95-1133 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX. WHEREAS, the City has conducted a review of the utility user tax relating to telephone charges; WHEREAS, the City's utility user tax relating to telephone charges currently is applied only to intrastate calls; WHEREAS, there is no limitation on applying the tax to interstate telephone calls; WHEREAS, a review of thirty-seven (37) cities, reflect that at least 81% of the cities reviewed currently apply the utility user tax on interstate, intrastate, and international telephone communication services. In addition, 65% apply the tax on cellular telephone communications when the owner or lessee of the telephone has a billing address within the City; WHEREAS, the City will increase revenues by subjecting interstate, international, and cellular telephone communications to the City's utility user tax; - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-44 is hereby amended to add the following definition: "-Telephone Communication Services" shall mean services which provide access to a telephone system and the privilege of telephone communication with substantially all persons having telephone stations which are part of such telephone system. The term "telephone communication services" includes digital and cellular telephone service, when the owner or lessee of the telephone has a billing address in the City, but does not include 3 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other forms of land mobile service or maritime mobile services as defined in Section 2.1 of Title 47 of the code of Federal Regulations." SECTION 2. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (a), relating to Telephone Tax is hereby amended to read "There is hereby imposed a tax upon every person in the city, other than a telephone corporation, using intrastate, interstate, or international telephone communication services in the City. The tax imposed by this section shall be at the rate of ten (10%) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 3. Chapter 30, Taxation, Article VI. Utilities . Tax, Section 30-46 (c), relating to Telephone Tax is hereby amended to read; "Notwithstanding the provisions of subsection (a), the tax imposed under this section shall not be imposed upon any person for using telephone communication services to the extent that the amounts paid for such services are exempt from or not subject to the tax imposed under Division 2, Part 20 of the California Revenue and Taxation Code or the tax imposed under Title 26, Section 4251 of the United States Code." SECTION 4. Chapter 30, Taxation, Article VI. Utilities Tax, Section 30-46 (d), relating to Telephone Tax is hereby amended to read; "The tax imposed by this section shall be collected from : the service user by the person providing or receiving payment for the telecommunication services. The amount of the tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or the amount of tax collected in one (1) month shall be remitted to the tax administrator on or before the last day of the following month; or at the option of the person required to collect and remit the tax, an estimated amount of tax collected, measured by the tax bill in the previous month, shall be remitted to the tax administrator on or before the last day of each month." SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason is held to be invalid, such invalidity shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Hermosa Beach hereby declares that it would have 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. passed each section, subsection, subdivision paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6. Effective Date This ordinance relates to taxes for the usual and current expenses of the City and, pursuant to Government Code Section 36937, shall take effect immediately. PASSED, APPROVED and ADOPTED this 11th day of July, 1995 by the following vote:. Ayes: Noes: Absent: Abstain: PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach,California ATTEST: CITY CLERK APPROVED AS TO FORM CITY ATTORNEY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1, 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH IMPOSING A FEE ON RESIDENTIAL AND COMMERCIAL PREMISES FOR THE COST OF PREPARING, ADOPTING, AND IMPLEMENTING THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT The City Council of the City of Hermosa Beach does hereby find, order and resolve as follows: Section 1. Pursuant to the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, gt seq., hereinafter the "Act"), the City is obligated to prepare, adopt, and implement a Source Reduction and Recycling Element and a Household Hazardous Waste Element (collectively, the "Elements"). Section 2. Pursuant to Public Resources Code Section 41901, the City Council is authorized to impose a fee (the "Fee") in amounts sufficient to pay the costs of preparing, adopting, and implementing the Elements. Section 3. The City Council held public hearings on June 27, 1995 and July 11, 1995, at which time the Council received oral and written presentations on the Fee. For at least ten days prior to the close of the hearing, a report (the "Report") containing data indicating the cost of preparing, adopting, and implementing the Elements and the revenue sources used and anticipated to be used to prepare, adopt, and Page 1 95 1 implement the Elements was made available for public review. The Report was considered by the Council at the hearing, Section 4. The Council hereby approves the imposition of the Fee, in the amounts set forth in Exhibit "A", attached heretoand incorporated herein by this reference, on all residential and commercial premises in the City receiving solid waste collection serviceson or after July 1, 1995. Section 5. The Fee shall be collected by the solid waste collectors in conjunction with the collection of rates for the collection of solid waste from residential and commercial premises. The obligations of the collectors imposed by this Resolution shall be a condition of any franchise agreement. issued the collectors. Failure of any collector to comply with the requirements of. this Resolution shall constitute grounds for termination of the collector agreement. 1995. PASSED, APPROVED AND ADOPTED this day of ATTEST: City Clerk Mayor Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Fees for Implementation of the California Integrated Waste Management Act of 1989 Residential [up to 4 units]: $ 50/household/month Page .50/cubic yard/month July 6, 1995 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council July 11, 1995 SUBJECT: CONSIDERATION OF AMENDMENT TO RESOLUTION 90-4522 AND CHAPTER 7, SECTION 7-1.3 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO FEES FOR BUILDING PERMITS, BUILDING VALUATION AND BUILDING PLAN REVIEW Recommendation: That the City Council: Adopt the attached resolution amending Schedule 1 of Resolution 90-4522 of the Hermosa Beach Municipal Code relating to the schedule of fees for building permits, building valuation and plan review: Introduce the attached ordinance amending Chapter 7, Section 7-1.3 of the Hermosa Beach Municipal Code relating to building plan check fees. Background: Building fees are established through building valuation, building permit costs and plan check fees. Building valuation is established regionally through the International Conference of Building Officials (ICBG) Building Valuation Table which is intended to reflect local building costs. The fee schedule for a building permit is derived from the Uniform Building Code Table 3A which is a sliding scale of fees relative to building valuation. Plan check fees are derived as a percentage of thebuilding permit fees. The previous staff report submitted for the Council meeting of June 27, 1995 reflected a plan check fee increase calculated at 65% of the building permit costs rather than 80% as proposed. The typical plan check fee would be $283.61 rather than $93.00 as previously shown. The building permit fee would be $200.00 rather than $144.00 as previously shown based upon a $100,000 valuation for single family residence. The, City's fee schedule for a building permit (Table 3A) has not been changed for over fourteen years. The recommended fee increase for Table 3A is 13% based upon current building costs. (A comparison of typical building valuation, building permit and plan check fees for several cities is attached). The proposed revisions to Table 3A are shown in Attachment 1. The ICBO Building Valuation Table is a schedule of regional building valuation estimates which are used by local jurisdictions to establish building valuation for permits and plan check fees. Building valuation should reflect local building costs: The regional ICBG fee estimate is currently $77.90 and is proposed to be increased by 20% to $97.37. ` The proposed building valuation increase is consistent " with valuations for cities where costs of construction are higher. Plan check fees are derived from project building permit fees. The Municipal Code currently sets the plan check fee at 65% of the building permit fee. The proposed increase would set the plan check fee to 80% of the building permit fee. (Please See Summary of Typical Residential Building Fees - Attachment 3) There is an indirect relationship between the labor required to perform Building. Division tasks and the charges associated with these task due to the manner in which fees and building valuations are established. The total proposed revenue increases will not be excessive for the Building Division of the Community Development Department. Total Building Division revenue for FY 95/96 will be $187,000 while Building Division expenditures will be $ 238,004 for FY 95/96. VIP Sol : umenf:Id, rector Community eveloprnent Department - Steph- R Burrell, City Manager Attachments 1. Resolution and Ordinance 2. Comparative survey of cities 3. Typical Fee increases �Z ) Viki Copeland, Director Finance Department 17 18 19 20 21 22 RESOLUTION Na A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-4522 OF THE CITY OF HERMOSA BEACH RELATING TO THE SCHEDULE OF FEES FOR BUILDING VALUATION, BUILDING PERMITS AND BUILDING PLAN REVIEW FEES NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: SECTION 1. That. the City Council approves the following amendments t Schedule 1 of Resolution 90-4522, of the City of Hermosa Beach relating to schedul of fees for Building Permits and Building valuation. A. Building permit fees established in Table '3A of the Building Code shall be increased by 13% to reflect current building costs. B. Building valuation derived from the Building Valuation Data Table o ICBO shall be increased by 20% toreflect current local building costs. C. Building plan review fees established in the Building Code shall b increased to 80% of the building permit fee reflecting a 15% increase for the cost o reviewing plans. SECTION 2. The City Council finds that the foregoing fees reflect and do no exceed the actual cost of providing the service for which the fee is collected and tha the revenue source for providing the services to be provided will be the fees charge for such services and General Fund revenues. SECTION 3. That prior to the expiration of fifteen (15) days after the date of it adoption, the City Clerk shall cause this resolution to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City o Hermosa Beach. /CONT'D/ BLDGFEE5/A/FEES • 5. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28. 2A SECTION 4 This resolution shall take effect sixty (60) days after its adoption. PASSED, APPROVED, and ADOPTED this 27th day of June, 1995 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY BLDGFEE5/A/FEES Page 2 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 99 ORDINANCE NO: AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES • AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 7-1.3(c) of Article :I, Chapter 7, is amended to read a follows: (c) When a plan or other data are required to be submitted by subsectio (b) of Section 302, a plan review fee shall be paid at the time of submitting plans an' specifications for review. Said plan review fees shall be 80% of the building permit fee. The plan review fees specified in this subsection are separate fees fro the permit fees specified in Section 304(a) and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional pla review, an additional plan review fee shall be' charged at the rate indicated in the executive order. PASSED, APPROVED, and ADOPTED this 27th day of June, 1995 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Page 5 .ATTACHMENT City Valuation * Building Permit Fee Plan Check Fee ' Total Manhattan Beach $180,930, $1527 Ranch Palos Verdes $210,000 $1587 Hermosa Beach $174,880 $1610 Beverly Hills _ $227,600 ; $2620 Bellflower $193,000 $2724 $2114 Average (w/out HB) $202,882 *2100 square feet with a 400 SF garage and 300 SF of decks $922 $1378 $1046 $1310 $2284 $1473 $2519 $2965 $2656 $3930 $5008 $3605 ATTACHMENT 2 Building Fee Recommendations Building fees are established through building valuation, building permit costs and plan check fees. Building valuation is established regionally through the ICBO's Building Valuation Table which is intended to reflect local building costs. Hermosa Beach's Valuation Table is proposed to be increased to $97.37 from $77.90 for most residential type (wood frame) construction. The cost of a building permit is derived from the Uniform Building Code Table 3A which is based upon a sliding scale of fees relative,to valuation: The City has not changed the fee schedule of Table 3A since 1984. The proposed fee schedule would increase the base permit fee from $25.00 to $28.00 representing a 13% increase. Summary of Typical Residential Building Fees Valuation Building Permit Plan Check Proposed $100,000 $1266.75 $1013.40 Existing $100,000 $1122.75 $ 729.79 Net $ 283.61 CITY OF HERMOSA BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION BUILDING PERMIT FEES* (TABLE 3A) TOTAL VALUATION FEE $1:00, to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00. $25,000.01 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 and up $28.00 $28.00 for the first $500.00 plus $4.50 for each additional $100.00 - or fraction thereof, to and including $2,000.00 $95.50 for the first $2,000.00 plus $17.50 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $498.00 for the first $25,000.00 plus $13.25 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $829.25 for the first $50,000.00 plus $8.75 for each additional $1000:00 or fraction thereof,to and including $100,000.00 $1266.75 for the first $100,000.00 plus $7.25 for each additional $1,000.00 or fraction thereof *Plan Check fee is equal to 80%' of the Building Permit fee OTHER INSPECTIONS AND FEES: 1. Inspections outside ofnormal business hours $40.00 per hour (minimum charge - two hours) 2 Reinspection fee assessed under provisions of $40.00 each inspection Section 305 (g) UBC 3: Inspections for which no fee is specifically indicated $40.00 per hour (minimum charge, 1 hour) ,4. Additional plan review for revisions, additions, etc. $40.00 per hour (minimum one hour) Honorable Mayor Members of the Hermosa Beach City Council 7Le-A7L, -7////9 July 5, 1995 Regular Meeting July 11,'1995 SUBJECT: REVIEW OF HEIGHT LIMIT EXCEPTION ORDINANCE PURPOSE: TO REVIEW, FOR POSSIBLE AMENDMENTS OR ELIMINATION, THE PROVISIONS OF SECTION 601 AND 701 OF THE ZONING ORDINANCE ALLOWING HEIGHT LIMIT EXCEPTIONS Recommendation To direct staff to set the matter for public hearing for the Planning Commission to review and consider the following alternatives: Amending the height limit exception provisions so that the conditions for granting an ; exception are more precise. Eliminating the height limit exception, thus restricting all buildings in the R:3 and R -P to 30 - feet. (Unless a variance is granted) Background At the June 27, 1995 Council meeting staff was directed to review Sections 601 and 701 relative to reconsideration of the Planning Commission's approval of a height exception at 632 Monterey Boulevard. The ordinance that reduced the height limit in the R-3 and R -P zones from 35 to'30 feet was adopted September 8, 1992, and included provisions allowing Planning Commission approval of exceptions, allowing buildings up to 35 feet, if certain conditions relating to neighborhood compatibility, views, and view obstruction were satisfied. Since the adoption of the ordinance, 6 height exceptions have been requested, and 3 have been approved. The request at 632 Monterey Boulevard was approved by the P.C."but final approval is pending reconsideration by the Council on July 27, 1995. Analysis The regulations adopted in 1992.resulted from several public meetings and discussions involving staff, the Planning Commission, the City Attomey and the City Council. Many alternatives were considered at that time, which included a more precise set of required conditions for granting exceptions. The Council's current concern about inconsistent application, and potentially arbitrary decisions, was a major topic of discussion when the ordinance was adopted. In the end, 'a proposed set of conditions that would have been more specific was not chosen in the interest of maintaining some flexibility in the ordinance. Options for more precision presented at that time included the following, relative to neighborhood compatibility: That a minimum of 25% of the lots on the same block (as defined by Section 206(2)) be developed with buildings already over 30 feet (See exhibit A). Use a 300 foot radius area for comparison (as recently adopted for the Subdivision (See exhibit B) .. , ordinance) Instead, the condition in the adopted ordinance requires that "a substantial number of existing buildings the vicinity of the proposed project are already constructed to a height greater than 30 feet" Alternatively, the Council can eliminate the concern or perceived concern about inconsistency, or ambiguity caused by the height limit exception rule by eliminating it. Thus all new construction would be subject to the 30 -foot height limit, unless exceptional circumstances existed that would allow for the granting of a variance. Ken Robertson, CONCUR: Associate Planner ,.►., 111 Na1,1 asaii 11 Sol Blumen Community 0 Id evelopment Director :13 Stephen R. Burrell C City Manager Attachments 1. Sections 601 and 701 2. Exhibits KR/ecsrht Intent and Purpose.' The .intent and purpose'. of this section is to set a standard height limit for most projects in scale with existing' development and to minimize view obstruction. However, to recognize: that pre-existing development in some neighborhoods and/or-- clusters of lots are already • predominantly' built higher than the height limit,, this section also allows some projects to exceed the height limit. to enable, property owners to. enjoy the same rights to view, sunlight, and air enjoyed•by those property owners with the higher buildings.; This section further sets forth the ,conditions and design criteria for determining whether a project.is allowed t9 exceed the height limit. (A) No building shall exceed thirty (30) feet in height unless in. compliance with section 601 (B) and (Cl. Refer to Article 7.2. for additional height requirements for condominium projects, located adjacent to walk streets. (B) The Planning Commission shall hold.a public hearing and may grant or conditionallygrantan exception to allow a multiple or single family building to -exceed thirty (30) feet in height -.up. to a maximum 'of thirty-five (35) feet .in height, when all of the following' conditions are 'met to' the satisfaction of the Planning Commission (subject to appeal to .the City.Council pursuant to Section 1435): 1). An•extension above the height limit is necessary totake,. advantage of a scenic view over surrounding structures which are already constructed above thirty (30) feetin height. Said structures already in excess of •thirty. (30) feet would otherwise. significantly obstruct the proposed project's view potential; A substantial number of existing buildings in the vicinity of the proposed project are already constructed to a height greater than thirty (30) feet. The structural extension above 30 feet will, not adversely impact the available views,and access to sunlight and air of adjacent and surrounding properties; 4): If allthe above conditions are, satisfied,. the following design features "of. the portion of• -the building above . thirty (30). feet shall also be considered by- the Planning Commission to determine if'an exception should be granted: a. The style and pitch of the roof. b. The mass and bulk of. the proposed .structure above thirty •(30) feet (in order. to minimize bulk of the upper floor) . • c. Thearchitectural• appearance,as exhibited by the • type, style, and shape of the structure and the proposed exterior materials. Application and public' hearing requirements for processing,. exceptions to the height limit shall be in accordance with procedures established by the City Council." 3 STREET LOTS WITH STRUCTURES OVER 30' IN HEIGHT ("Lots facing a common street...between intersecting streets'): 4 QF 16 LOTS WITH BUILDINGS 30' OR HIGHER = 25% EXHIBIT. B SPA2 �E 1E w I SPA2 t•3 R-3 • R-3 i 1?-3tIR3,J ; j R f1 g 'i J 34,IR-a� R� r?Rr .�.>'€ :24' t tr R 3 1 ;R-3iJR.I . rte, .! .,���-�f : ti,7 ., •G3NR.31 R r t .�-t c t` 1L_ '.,R3yR. ^�R .",C -r o , 3 I _ _ 3 t� R-3 r R-3 . R-3 "� R.3 .. n _•i I R EXAMPLE OF. 300! RADIUS DISTANCE -�sr CITY OF HERMOSA BEACH MEMORANDUM July 11, 1995 . TO: Sam Edgerton, -City Councilmember FROM: Steve R. Burrell, City Manger RE: Question Concerning UUT Tax The 1995 96 budgeted amount for the 4% UUT tax is $975,000. year per 1%. A 2.5% UUT tax would generate $609,375 per year. Change certain meters to .75 per hour Additional meter hours Encroachment permit fee Meters for from Upper Pier © .50 per hr. Parking lot meters Total meter sources at lower rates UUT Tax This is $243,750 per Parking Plan generated cc: Councilmembers $60,000 $45,000 $47,000 $93,000 $120,000 $365,000.. $609,375 $974,375 $821,000. 5tirr��EtvitNtH►- 1tIF.ORMetTIOI1