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HomeMy WebLinkAbout11/14/95ACTION SHEET REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, November 14, 1995 - 7:00 p.m. CALL TO ORDER: 7:11pm PLEDGE OF ALLEGIANCE: Led by Robb Fulcher, Easy Reader ROLL CALL: ALL PRESENT ANNOUNCEMENT BY CITY ATTORNEY OF ACTIONS TAKEN IN THE CLOSED SESSION HELD ON NOVEMBER 2, 1995. ALLEN V. HERMOSA BEACH: COUNCIL APPROVED SETTLEMENT AGREEMENT AND AUTHORIZED MAYOR TO EXECUTE AGREEMENT. CITY COUNCIL DIRECTED CITY ATTORNEY TO BRING A DECLARATORY RELIEF ACTION IN ORDER TO OBTAIN A RULING REGARDING THE BEACH DEED AND THE ABILITY TO BUILD A BIKE PATH WEST OF THE STRAND WALL. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS David Grimm; owner Shirttails: Spoke regarding Green Day event on 12/295. Opposed to local merchants being charged $35 to participate and opposes VOICE dictating what can be sold John Burt: Commented on beach deed and feels that a bike path cannot be built on the beach. 4 (b) WRITTEN COMMUNICATIONS 1) Letter and petition from Gerald McGowen dated November 6, 1995 regarding the placement of curbs, gutters and sidewalks on Campana Street. Gerald McGowen: Needs driveway repaired, however, City is requiring him to put in curbs, gutters & sidewalks. Requesting that Campana remain free of curbs, gutters and sidewalks. JR/JO MOTION TO BRING BACK TO COUNCIL ON 11/28/95 FOR DETERMINATION. VOTE: 5-0 2) Letter from Chris and Debbie Alexander dated November 9, 1995 requesting waiver of Fire Pit fee in Valley Park. Memorandum from City Manager Stephen Burrell dated November 9, 1995. SE/JR MOTION FOR WAIVER VOTE: 5-0 1. CONSENT CALENDAR: (a) Recommendation to approve the following minutes: 1) Minutes of the Regular meeting held on October 24, 1995. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to approve the City Council Meeting schedule for 1996. Memorandum from City Manager Stephen Burrell dated October 30, 1995. (e) Recommendation to approve request from the Chamber of Commerce to provide two hour free holiday parking at all commercial (silver) meters in the Downtown area from November 20, 1995 through December 26, 1995. Memorandum from City Manager Stephen Burrell dated November 1, 1995. PULLED BY RB SERB MOTION TO APPROVE AND ALLOW BUSINESS TO PERSONALIZE INSERT IF THEY WISH, USING A STANDARDIZED COLOR AND HAVE A DEADLINE DATE OF 11/20/95 AT 12:00PM FOR SUBMISSION OF PERSONALIZED INSERTS TO PARKING ENFORCEMENT. VOTE: 5-0 (1) 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 November 7, 1995. Recommendation to adopt a resolution authorizing the Hermosa Beach Fire Department to participate in the State MediCal program as a provider of emergency ground transportation. Memorandum from Finance Director Viki Copeland dated October 30, 1995. (g) (h) Recommendation to receive and file report on the 4% UUT remaining fund balance. Memorandum from City Manager Stephen Burrell dated November 1, 1995. (i) Recommendation to approve construction of a 4' high chain link fence along the northerly border of Clark Field and appropriate $6,925 from Prospective Expenditures to the Public Works Department budget. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. PULLED BY JO Robert Aronoi• Parks & Rec. Commissioner: Stated that the Parks & Rec. Commission is in the process of creating a master plan for Clark Field which is due to be completed in March 1996 and asked that council not take any action tonight. STAFF DIRECTED TO BRING BACK PLANS FOR CLARK FIELD IN SEGMENTS FOR COUNCIL REVIEW. JO[RBMOTION TO LEAVE AREA OPEN FOR PARKING AT THIS TIME AND PLACE A BARRIER ON THE GROUND FOUR FEET BACK FROM PAVEMENT SO THAT VEHICLES CAN HAVE A SAFE TURNING RADIUS BUT CANNOT ACCESS THE FIELD AREA. VOTE: 5-0 (j) Recommendation to approve a request from the Redondo Beach Chamber of Commerce and Conte Productions for the use of Hermosa Avenue at 8th Street for approximately 30 minutes on January 28, 1996 for the 5th Annual Super Bowl Mile Run. Memorandum from Community Resources Director Mary Rooney dated November 6, 1995. 3 (k) Recommendation to deny the following claims and refer to the City's Liability Claims Administrator: Claimant: Vanessa Garrett Date of Loss: 8/7/95 Date of Claim: 10/16/95 Claimant: Thomas & Laurie Brodie Date of Loss: 1/2/95 Date of Claim: 10/10/95 Memorandum from Personnel Director Robert Blackwood dated November 2, 1995. (1) Recommendation to receive and file minutes from the October 18, 1995 meeting of the Parks, Recreation and Community Resources Advisory Commission. (m) Recommendation to approve participation in beach FX Interactive and direct City Manager to forward information for inclusion on the Internet. Memorandum from City Manager Stephen Burrell dated November 7, 1995. Memorandum from City Manager Stephen Burrell dated November 7, 1995. (n) Recommendation to adopt a resolution approving the execution of State - Local Entity Master Agreement No. SLTPP-Cycle 5-5155 and Program Supplement Agreement No. 001 and 002. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. JR/JO MOTION FOR STAFF RECOMMENDATION ON BALANCE OF CONSENT CALENDAR. VOTE: 5-0 2. CONSENT ORDINANCES a. ORDINANCE NO. 95-1137 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. SE/JR MOTION TO ADOPT. VOTE: 5-0 4 b. ORDINANCE NO. 95-1138 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA , AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. JR/SE MOTION TO ADOPT. VOTE: 5-0 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. NONE MUNICIPAL MATTERS 4. STATUS REPORT ON 30TH & 31ST STREET FENCES ALONG WALKSTREET ENCROACHMENT AREA. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. JR/JO MOTION TO: 1. DIRECT STAFF TO PROCEED WITH A TEXT AMENDMENT TO THE MUNICIPAL CODE TO SIMPLIFY THE LANGUAGE OF THE ENCROACHMENT PERMIT CODE. A. INCREASE THE HEIGHT LIMIT TO 42" TO COMPLY WITH TILE UBC. B. ADD LANGUAGE TO REQUIRE ENCROACHMENT PERMITS FOR NEW, REMODEL BUILDINGS OR ANY NEW OR RECONSTRUCTION OF FENCES OR WALLS C. ADD LANGUAGE REGARDING AN APPEAL PROCESS. 2. DIRECT STAFF TO WORK ON THE AMORTIZATION AND THE INSURANCE PROGRAM AND RETURN TO CITY COUNCIL WITH THE RESULTS. VOTE: 4-1 (RB -NO) 5 5. STATUS REPORT ON THE TRAFFIC SIGNAL AT AVIATION BOULEVARD AND OCEAN DRIVE. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. SE/RB MOTION TO HAVE PRIVATE BUSINESSES PAY FOR THE REMOVAL OF 1 HE LEFT TURN LANES, INCLUDING SLURRY SEAL, AND PROHIBIT LEFT TURNS FROM AVIATION ONTO OCEAN. VOTE: 5-0 6. ADOPTION OF ALL RESOLUTIONS NECESSARY TO PLACE A PROPOSED UTILITY USER TAX INCREASE ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE TUESDAY, MARCH 26, 1996 STATEWIDE PRIMARY ELECTION. Memorandum from City Clerk Elaine Doerfling dated November 7, 1995. SE/JO MOTION TO ADOPT RESOLUTION PROPOSING AN INCREASE IN THE UTILITY USERS TAX FROM SIX PERCENT TO EIGHT PERCENT. VOTE: 4-0 (RB NOT PRESENT FOR THIS VOTE) JR/SE MOTION TO ADOPT RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26,1995. VOTE: 4-0 (RB NOT PRESENT FOR THIS VOTE) SE/JO MOTION TO ADOPT RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1995 WITH THE STATEWIDE PRIMARY ELECTION. VOTE: 4-0 (RB NOT PRESENT FOR 'THIS VOTE) SE/JO MOTION TO ADOPT RESOLUTION SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS. (RB NOT PRESENT FOR THIS VOTE), JB/JO MOTION FOR SE TO WRITE ARGUMENT IN FAVOR AND RB TO WRITE ARGUMENT OPPOSED. VOTE: 4-0 (RB NOT PRESENT FOR'I'H1S VOTE) JR/JO MOTION TO ADOPT RESOLUTION PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS. VOTE: 4-0 (RB NOT PRESENT FOR THIS VOTE) JO/SE MOTION TO ADOPT RESOLUTION FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL ELECTION. VOTE: 4-0 (RB NOT PRESENT FOR THIS VOTE) 6 7. REQUEST FROM ARTS HERMOSA FOR CITY ALLOCATION OF PROPOSITION C OR PROPOSITION A FUNDS TO PROVIDE FirstNIGHT. SHUTTLE BUS SERVICE. Memorandum from Community Development Director Sol Blumenfeld dated November 6, 1995. JO/SE MOTION TO DIRECT STAFF TO FUND UP TO $1753.43. VOTE: 5-0 8. REPORT ON THE MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT INITIATIVE FOR THE MARCH 1996 BALLOT. Memorandum from City Manager Stephen Burrell dated November 7, 1995. JR/RB MOTION TO RECEIVE AND FILE. VOTE: 4-1 (SE -NO) 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSED LETTER TO CONGRESSWOMAN JANE HARMAN CONCERNING FEDERAL TELECOMMUNICATIONS LEGISLATION. Memorandum from City Manager Stephen Burrell dated October 31, 1995. JR/JO MOTION TO APPROVE LEI I'1+.R AND AUTHORIZE MAYOR TO SIGN ON BEHALF OF THE CITY. VOTE: 5-0 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 11. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Bowler to direct Planning Commission to reconsider restrictions regarding mixed use. JB/JR MOTION FOR A SUB -COMMITTEE CONSISTING OF JO AND SE , TWO DOWNTOWN ENHANCEMENT COMMISSIONERS AND TWO PLANNING COMMISSIONERS TO CONSIDER MIXED USE ISSUE. VOTE: 5-0 7 b. Request from Councilmember Reviczky for consideration of forming a sub- committee to work with other cities regarding the Beach Cities Health District. JB/SE MOTION TO FORM A SUB -COMMITTEE TO WORK WITH BEACH CITIES HEALTH DISTRICT WITH ISSUES OF FUNDING CITY NEEDS, APPOINT RB AND JB, AND INVITE TWO COUNCILMEMBERS FROM BOTH REDONDO BEACH AND MANHATTAN BEACH TO JOIN IN THE DISCUSSIONS. VOTE: 5-0 c. Request from Councilmember Reviczky for consideration of forming a sub- committee to express the City's position on the California Water Service rate increase. JR/SE MOTION TO FORM A SUB-COMMI'1'1'EE TO ADDRESS CALIFORNIA WATER SERVICE RATE INCREASE AND APPOINT JR &,RB. VOTE: 5-0 d. Request from Councilmember Reviczky for approval of the Beach Cities Toy Drive and authorization for placement of a toy collection bin in the City Hall parking lot and the use of the Clark Building for the wrapping party. RB/JO MOTION TO APPROVE, VOTE: 5-0 e. Request from Councilmember Benz to direct Downtown Enhancement Commission to study feasibility of installing submersible pumps in storm drains to allow merchants to clean sidewalks. JB/JO MOTION TO DIRECT PUBLIC WORKS TO STUDY. VOTE: 5-0 CITIZEN COMMENTS John Burt: Felt that City should remove Aviation/Ocean signal and place patrol cars on Aviation to cite speeders. Parker Herriott: Feels there should be lighting at Noble Park. Jim Lissner: Opposes new liquor licenses downtown. Stated that the sales tax revenue for the area has not increased enough to justify the costs to the City of patrolling the area and claims against the City. ADJOURNMENT: 10:14pm 8 1")IN;,; ET_ • ************** NEED CORRECT PAGE NUMBERS ******************* 95-- • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 14, 1995, at the hour of 7: 10 P.M. PLEDGE OF ALLEGIANCE - ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT BY CITY ATTORNEY OF ACTIONS TAKEN IN THE CLOSED a SESSION � HELD ON NOVEMBER 2: A, oZ „_ /— / ..-.. i L 2tii ✓ - • - - �/� teed% gti). Gw ANNOUNCEMENT: PUL .46-erGint —6V• atr •Ct — IF797_&2s' Alctg '24'444; 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: • 6,5113,--64fc ovz__ City Council Minutes 11-14-95 Page 8965 • lgL}o ce44- ,regrit5 416 Citi- ge4(ek 64 -$2 -if At 7: P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (b) WRITTEN COMMUNICATION c M ,rr o • a 1) Letter and petition from Gerald McGower} dated November 6, 1995, regarding the placement of curbs, gutters and sidewalks on Campana Str 91t,1e RECOMMENDATION: Provide direction to staff. 2 E • Letter from Chris and Debbie $lexander dated November 9, 1995, requesting waiver of Fire Pit fee in Valley Park. Memorandum from City Manager Stephen Burrell dated November 9, 1995. `� sE�JR �Iv RECOMMENDATION: Consider waiver. 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 (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Motion , second The motion carried by a unanimous vote. / JO No one came forward to address the removed from tee consent calendar. City Council Minutes Council on items not d7t 12,6:6 11-14-95 Page 8966 • ti f ;omaI4 3 g. y �— SE/RE • 41t/I Cr:I(GdgeKttLC Wfink 6 • (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on October 24, 1995; and, Action: To approve the minutes of the Regular Meeting of October 24, 1995 as ******** (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 4888 THROUGH 5024 INCLUSIVE, NOTING VOIDED CHECK NOS. 4888 THROUGH 4915 INCLUSIVE AND NO. 5023. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 1996. Memorandum from City Manager Stephen Burrell dated October 30, 1995. Action: To approve the staff recommendation to approve the meeting schedule for 1996, noting that in the months of August and December, 1996, there would be a meeting only on the second Tuesday of the month. (e) RECOMMENDATION TO APPROVE REQUEST FROM THE CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE HOLIDAY PARKING AT ALL COMMERCIAL (SILVER) METERS IN THE DOWNTOWN AREA FROM NOVEMBER 20, 1995 THROUGH DECEMBER 26, 1995. from City""Manager _StOephen Burrell dated Novemb r 1, 995. �� GGH�QQ Action: To approve the staff rerommbndationto •prove d...70•14 the request from the Chamber of Commerce and authorize the placement of cards on all commercial meters (silver post) indicating two hours of free parking from November 20, 1995 through December 26, 1995. et) trp4t--04t 141 611-4.4 01444/1.' 1 City Council Minutes Memorandum dtrZ 11454ZL.rt 11-14-95 Page 8967 • • • (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 Amy Amirani dated November 7, 1995. Action: To approve the staff recommendation to approve the retrofit financing agreement between the City of Hermosa Beach and the West Basin Municipal Water District (WBMWD), which will allow the City to use lower cost reclaimed water (a nineteen percent [19%] savings) for irrigation purposes at Valley Park, Clark Stadium, City Hall and the Community Center, for a cost of $38,352 which will be paid by WBMWD. And, noting that this amount does not include retrofit of the Greenbelt irrigation system which would be $32,000 to connect to the current system, or $120,000 to connect and upgrade the irrigation system for the Greenbelt. In addition, WBMWD has made a $10,000 grant available to the City for improvements on the Greenbelt. (g) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDICAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION. Memorandum from Finance Director Viki Copeland dated October 30, 1995. Action: To adopt Resolution No. 95-57 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDI-CAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION." (h) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE 4% UUT REMAINING FUND BALANCE. Memorandum from City Manager Stephen Burrell dated November 1, 1995. City Council Minutes 11-14-95 Page 8968 Q r Action: To approve the staff recommendation to receive and file the report regarding the remaining balance of $890,000 to $1,100,000 in the four percent Greenbelt purchase fund that will be used for acquisition and maintenance of open space, noting that the Parks, Recreation and Community Resources Advisory Commission will begin updating its priority list for review by the City Council. " J C� — 414ALsP *Q (i) RECOMMENDATION TO APPROVE CONSTRUCTION OF A 41 HIGH CHAIN LINK FENCE ALONG THE NORTHERLY BORDER OF CLARK FIELD AND APPROPRIATE $6,925 FROM PROSPECTIVE EXPENDITURES TO THE PUBLIC WORKS DEPARTMENT BUDGET. Memorandum from Public Works Director Amy Amirani dated Nivember 7, 1995. s'tb ..424,0-c. as Action: To approve the staff recommendation to: 1) approve construction of a four foot high chain link fence along the northerly border of Clark Field; 2) appropriate $6,925 from prospective expenditures to the public works budget to pay for the fence; and, 3) noting that this will allow twelve vehicles to park perpendicular in the area, but the backup space will be three feet narrower than suggested safety standards. • 5ld (j) RECOMMENDATION TO APPROVE A REOUEST FROM THE REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS FOR THE USE OF HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON JANUARY 28, 1996 FOR THE 5TH ANNUAL SUPER BOWL MILE RUN. Memorandum from Community Resources Director Mary Rooney dated November 6, 1995. Action: To approve the staff recommendation to approve the request from the Redondo Beach chamber of commerce and Mark Conte Productions to allow: 1) the use of Hermosa Avenue from Eighth Street to Herondo Street for approximately 30 minutes, beginning at 7:00 A.M. through 7:30 A.M., on Sunday, January 28, 1996, for the start of the 5th Annual Super Bowl Elite Mile Race; and, City Council Minutes 11-14-95 Page 8969 ti • • • 2 the waiver of all special event fees , film permits and location fees (estimated in the amount of $1,194.75), subject to the conditions listed of: a) certificate of insurance in the amount of $2 million to be provided by event organizers naming the City of Hermosa Beach as an additional insured; b) event organizers to pay for an off duty police officer (2 hour minimum) while the event is held within the City limits; c) event organizers to notify all affected area residents by letter, the contents of which to be approved by the Community Resources Department staff; d) event organizers shall provide City staff with a radio for communication purposes; e) all event organizer's vehicles will be identified with placards; f) starting gun shall be examined and operator briefed prior to race start by a Hermosa Beach police officer; commercial sponsors, banners and the like shall be approved by the City; and, identify Hermosa beach in any and all television credits. g) h) (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated November 2, 1995. Claimant: Date of Loss: Date of Claim: Allegation . Claimant: Date of Loss: Date of Claim: Allegation . Vanessa Garrett 08/07/95 10/16/95 Alleges unsafe conditions on sidewalk, corner of Manhattan & Pier Avenue, (broken utility box cover) caused claimant to trip and fall. Thomas & Laurie Brodie 01/02/95 10/10/95 Actions of the City caused flood water to be directed onto claimant's real property causing damage. City Council Minutes 11-14-95 Page 8970 (1) RECOMMENDATION TO RECEIVE AND FILE MINUTES FROM THE OCTOBER 18, 1995 MEETING OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Action: To approve the staff recommendation to receive and file the action minutes from the October 18, 1995, meeting of the Parks, Recreation and Community Resources Advisory Commission. (m) RECOMMENDATION TO APPROVE PARTICIPATION IN BEACH FX INTERACTIVE AND DIRECT CITY MANAGER TO FORWARD INFORMATION FOR INCLUSION ON THE INTERNET. Memorandum from City Manager Stephen Burrell dated November 7, 1995. This item was removed from the consent calendar by Councilmember for separate discussion later in the meeting. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to approve participation in beach FX and direct the City Manager to forward information for inclusion. (n) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE EXECUTION OF STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO. 001 AND 002. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Action: To approve the staff recommendation to adopt Resolution No. 95-57 , entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE EXECUTION OF STATE -LOCAL ENTITY MASTER AGREEMENT NO SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO. 001 AND 002.", which is to secure reimbursement for a percentage of the total construction City Council Minutes 11-14-95 Page 8971 • cost to rehabilitate the pavement on Monterey Boulevard and Hermosa Avenue from the State of California through the October 20, 1993 grant application for the State Local Transportation Partnership Program, approved by the Local Streets and Road Branch of Caltrans. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 95-113- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. Action: To adopt Ordinance No. 95-1137. Motion SE, second J R . �d f 1` AYES: Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES: None (b) ORDINANCE NO. 95-113'3- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. Action: o adopt Ordinance No. 95-113g. Motion J , second S I✓' 6--/v AYES: Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION City Council Minutes 11-14-95 Page 8972 • Items 1( ), ( ), ( ), and ( ) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4. STATUS REPORT ON 30TH & 31ST STREET FENCES ALONG WALKSTREET ENCROACHMENT AREA. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Public Works Director Amirani presented th staff repor and responded to Council questions. Public participation opened at 6:23 P.M. � - (- , 4 31s+" -- Public participation closed at P.M. Action: To approve the staff recommendation to: 1. Direct staff to proceed with a text amendment to the Municipal Code to simplify the language of the encroachment permit code. a. Increase the height limit to 42" to comply with the UBC. b. Add language to require encroachment permits for new, remodel buildings or anyy new or reconstruction of fences or walls c. Add language regarding an appeal process. Direct staff to work on the amortization and the insurance progra and return jo City Council with the results. w��.e dwe,S City Council Minutes 11-14-95 Page 8973 /Tie+ ,-rJ,&411-1 aocii) totk 000-- /xierwl • • • Motion , second . The motion carried te 5. STATUS REPORT ON THE TRAFFIC SIGNAL AT AVIATIO�LE4 r _t AND OCEAN DRIVE. Memorandum from Public�liWorks Director ��'G Amy Amirani dated November 7, 1995. O u e.(rr kir SQ L �cazA vtxxC. . Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at $ P.M. 0.0sf"u , (0 "43-xf•Attli4 .O, 646127012- Qr. 4k.01,4464kvAtess ber-t6 4dsl- Public participation closed at 8 :?P.M. 41J-- /,rte. -s c Q —lam _ £70 efe Action: To approve the staff recommendation to receive and file the report, with the direction to staff to remove the existing curb and extend the existing driveway at Mr. Givens parking lot on the south side of Aviation Boulevard. Motion , second irg: SS J v""' The motion carried 6. ADOPTION OF ALL RESOLUTIONS NECESSARY TO PLACE A PROPOSED UTILITY USER TAX INCREASE ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE TUESDAY, MARCH 26, 1996 STATEWIDE PRIMARY ELECTION. Memorandum from City Clerk Elaine Doerfling dated November 7, 1995. . City Clerk Elaine Doerfling presented the staff report and responded to Council questions. City Council Minutes 11-14-95 Page 8974 • • • Public participation opened at P.M. Public participation closed at P.M. Action: To approve the staff recommendation to adopt Resolution No. 95-57 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROPOSING AN INCREASE IN THE UTILITY USERS TAX IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE CITY'S MUNICIPAL CODE FROM SIX PERCENT TO EIGHT PERCENT OF THE CHARGES MADE FOR TELEPHONE, ELECTRICITY, GAS, WATER AND CABLE TELEVISION SERVICES." Motion second J v / rre)7- AYES: Oakes, Edgerton, Reviczky, Mayor Bowler NOES: Benz Further Action: To approve the staff recommendation to adopt Resolution No. 95-57 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE.” Motion J R , second SC. The motion carried // Tel dut Further Action: To approv- the staff recommendation to adopt Resolution No. 95-57 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Motion , , second 0 0 . The motion car ied City Council Minutes 11-14-95 Page 8975 • • V6/14 61- 7. q �S 841' ;‘4‘ 644rzi 41°tI iyvv Further Action: To adopt Resolution No. THE CITY COUNCIL CALIFORNIA, SETTING approve the staff 95-57 , entitled, OF THE CITY OF PRIORITIES FOR 41444,6. recommendation to HA RESOLUTION OF HERMOSA BEACH, FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." Motion 5 second Jo . The motion carried ([10 it Further Action: To approve the staff recommendation to adopt Resolution No. 95-57 , entitled, HA 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 SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996.0 Motion SL , second ✓sb . The motion carried Final Action: To approve the staff recommendation to adopt Resolution No. 95-57 , entitled, HA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 26, 1996.0 Motion JO , Q• second SE . The motion carried (Yc/i REQUEST FROM ARTS HERMOSA FOR CITY ALLOCATION OF PROPOSITION C OR PROPOSITION A FUNDS TO PROVIDE FirstNIGHT SHUTTLE BUS SERVICE. Memorandum from Community Development Director Sol Blumenfeld dated November 6, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. a pM. • Public participation opened at P.M. City Council Minutes 11-14-95 Page 8976 • • I Public participation closed at P.M. RECOMME DATION: ..0 ftDlc Action: To Direct staff a-s—dtTETa7qpprOpriate. 115. i753. 43 510 Motion ja , second SE . The motion carried 8. REPORT ON THE MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT INITIATIVE FOR THE MARCH 1996 BALLOT. Memorandum from City Manager Stephen Burrell dated November 7, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at P.M. R J — RLi/I s� Public participation closed at P.M. RECOMMENDATION: Determine whether City Council wishes to take a position on the initiative. Action: To Motion , second . The motion carried City Council Minutes 11-14-95 Page 8977 • • 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSED LETTER TO CONGRESSWOMAN JANE HARMAN CONCERNING FEDERAL TELECOMMUNICATIONS LEGISLATION. Memorandum from City Manager Stephen Burrell dated October 31, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the letter to Congress member Jane Harmon regarding City concerns about Federal Government usurption of local zoning authority, use of rights of way, local taxing authority, allowing telephone companies to provide video programming and institutional networking, and to authorize the Mayor to sign on behalf of the City. Motion JR , second dO . The motion carried 510 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL None 11. 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 from Mayor Bowler to direct Planning Commission to reconsider restrictions regarding mixese:-� Mayor Bowler spoke to his request._-( JO Sc a 6o./QCfaDC -135 • Action: To J 5/JR 5/ City Council Minutes 11-14-95 Page 8978 • • • Motion , second . The motion carried b. Request from Councilmember Reviczky for consideration of forming a sub -committee to work with other cities regarding the Beach Cities Health District. Councilmember Reviczky spoke to his request. Action: To 044it(2 44_ eA±Q.s Motion JR, second 5E The motion carried 310 c. Request from Councilmember Reviczky for consideration of forming a sub -committee to express the City's position on the California Water Service rate increase. Councilmember Reviczky spoke to his request. Action: To Motion J K second SE- The motion carried . 6/6 d. Request from Councilmember Reviczky for approval of the Beach Cities Toy Drive and authorization for placement of a toy collection bin in the City Hall parking lot and the use of the Clark Building for the wrapping party. Councilmember Reviczky spoke to his request. Action: To sF Jv 5/v City Council Minutes 11-14-95 Page 8979 L.ry &imolkoc (P042. // -�- • / v 1%#SA-sirt-- 44,01,0 a/m4444. • • • , second . The motion carried Request from Councilmember Benz to direct Downtown Enhancement Commission to study feasibility of installing submersible pumps in storm drains to allow merchants to clean sidewalks. Councilmember Benz spoke to his request. Action: To Motion second 00 510 The motion carried 411 R - aluo 4 (01"GIS2 45 lk fVUOU (Maki GMC614' eV& 1 0/ eit ".441"51— ( 1413_1) frap-e-y— lott4s-ae4-(6F1 77-1f-tla4e/A P --c2 tr 12/.5/ C 6 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. Coming forward to address the Council at this time were: � . � n� � : , ''' U 4J11 L44- cam' Pte..-sP — 0A -u . erp.t4ovvvt. toa Aztec) itak)t-vt-et-5(tAt ton - City Council Minutes 11-14-95 Page 8980 • • • ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 14, 1995 at the hour of •P.M. to the Regular Meeting of Tuesday, November 28, 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. • Deputy City Clerk City Council Minutes 11-14-95 Page 8981 Where there is no vision the people perish HERMOSA BEACH CITY COUNCIL AGENDA WELCOMEI By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often. Meetings are televised live on Multivision Cable Channel 3 and replayed the next day (Wednesday) at noon. Agendas for meetings are shown on Channel 3 the weekend before the meetings. Opportunities for Public Comments Citizens may provide input to their elected Councilmembers in writing or orally. Letters on agenda matters should be sent or delivered to the City Clerk's or City Manager's Office. If sent one week in advance, they will be included in the Council's agenda packet with the item. If received after packet compilation, they will be distributed prior to the Council meeting. Oral communications with Councilmembers may be accomplished on an individual basis in person or by telephone, or at the Council meeting. Please see the notice under "Public Participation" for opportunities to speak before the Council. It is the policy of the City Council that no discussion of new items will begin after 11:30 p.m., unless this rule is waived by the Council. The agenda is developed with the intent to have all matters covered within the time allotted. IMIn 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 G P.M., Mon. - Thurs.; Closed Fridays. There is no smoking allowed in the Council Chambers (over) THE HERMOSA BEACH FORM OF GOVERNMENT Hermosa Beach has the Council -Manager form of government, with a City Manager appointed by and responsible to the City Council for carrying out Council policy. The Mayor and Council decide what is to be done. The City Manager, operating through the entire City staff, does it. This separation of policy making and administration is considered the most economical and efficient form of City government in the United States today. The following explanations may help you to understand the terms found on most agendas for meetings of the Hermosa Beach City Council. GLOSSARY Consent Items ... A compilation of all routine matters to be acted upon by one vote; approval requires a majority affirmative vote. Any Councilmember may remove an item from this listing, thereby causing that matter to be considered under the category Consent Calendar items Removed For Separate Discussion. Public Hearings ... Public Hearings are held on certain matters as required by law -or by direction of Council. The Hearings afford the public the opportunity to appear and formally express their views regarding the matter being heard. Additionally, letters may be filed with the City Clerk, prior to the Hearing. Ordinances ... An ordinance is a law that regulates government revenues and/or public conduct. All ordinances require two "readings". The first reading introduces the ordinance into the records. At least 5 days later Council may adopt, reject or hold over the ordinance to a subsequent meeting. Most ordinances take effect 30 days after the second reading. Emergency ordinances are governed by different provisions and waive the time requirements. Written Communications ... The public, members of advisory boards/commissions or organizations may formally communicate to or make a request of Council by letter; said letters should be filed with the City Clerk by Noon the Tuesday preceding the Regular City Council meeting and request they be placed on the Council agenda. Municipal Matters ... Non-public Hearing items predicted to warrant discussion by the City Council are placed here. Miscellaneous Items and Reports - City Manager... The City Manager coordinates departmental reports and brings items to the attention of, or for action by the City Council. Verbal reports may be given by the City Manager regarding items not on the agenda, usually having arisen since the agenda was prepared on the preceding Wednesday. Miscellaneous Items and Reports - City Council ... Members of the City Council may place items on the agenda for consideration by the full Council. Other Matters - City Council ... These are matters that come to the attention of a Council member after publication of the Agenda. / w"95-5777 C91-cG*9S—J/35 "Luck i5 a matter of preparation meeting opportunity." - Oprah Winfrey AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, November 14, 1995 - Council Chambers, City Hall Regular Session - 7:00 p.m. MAYOR John Bowler MAYOR PRO TEM Julie Oakes COUNCIL MEMBERS Robert Benz Sam Y. Edgerton J. R. Reviczky CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell CITY ATTORNEY 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 ANNOUNCEMENT BY CITY ATTORNEY OF ACTIONS TAKEN IN THE CLOSED SESSION HELD ON NOVEMBER 2, 1995. 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 `"4 items must be heard during the public hearings.) Please limit comments to one minute. Citizens also may speak: 1) during Consent Calendar consideration or Public Hearings; 2) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, 3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. (b) WRITTEN COMMUNICATIONS 1) Letter and petition from Gerald McGowen dated November 6, 1995 regarding the placement of curbs, gutters and sidewalks on Campana Street. RECOMMENDATION: Provide direction to staff. 2) Letter from Chris and Debbie Alexander dated November 9, 1995 requesting waiver of Fire Pit fee in Valley Park. Memorandum from City Manager Stephen Burrell dated November 9, 1995. RECOMMENDATION: Consider waiver. 1. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. * Council member requests to remove items from the Consent Calendar. (Items removed will be considered under Agenda Item 3.) * Public comments on the Consent Calendar. (a) Recommendation to approve the following minutes: 1) Minutes of the Regular meeting held on October 24, 1995. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to approve the City Council Meeting schedule for 1996. Memorandum from City Manager Stephen Burrell dated October 30, 1995. (e) Recommendation to approve request from the Chamber of Commerce to provide two hour free holiday parking at all commercial (silver) meters in the Downtown area from November 20, 1995 through December 26, 1995. Memorandum from City Manager Stephen Burrell dated November 1, 1995. (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 Amy Amirani dated November 7, 1995. (g) Recommendation to'adopt a resolution authorizing the Hermosa Beach Fire Department to participate in the State MediCal program as a provider of emergency ground transportation. Memorandum from Finance Director Viki Copeland dated October 30, 1995. (h) Recommendation to receive and file report on the 4% UUT remaining fund balance. Memorandum from City Manager Stephen Burrell dated November 1, 1995. (i) (1) Recommendation to approve construction of a 4' high chain link fence along the northerly border of Clark Field and appropriate $6,925 from Prospective Expenditures to the Public Works Department budget. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Recommendation to approve a request from the Redondo Beach Chamber of Commerce and Conte Productions for the use of Hermosa Avenue at 8th Street for approximately 30 minutes on January 28, 1996 for the 5th Annual Super Bowl Mile Run. Memorandum from Community Resources Director Mary Rooney dated November 6, 1995. (k) Recommendation to deny the following claims and refer to the City's Liability Claims Administrator: Claimant: Vanessa Garrett Date of Loss: 8/7/95 Date of Claim: 10/16/95 Claimant: Thomas & Laurie Brodie Date of Loss: 1/2/95 Date of Claim: 10/10/95 Memorandum from Personnel Director Robert Blackwood dated November 2, 1995. (1) Recommendation to receive and file minutes from the October 18, 1995 meeting of the Parks, Recreation and Community Resources Advisory Commission. (m) Recommendation to approve participation in beach FX Interactive and direct City Manager to forward information for inclusion on the Internet. Memorandum from City Manager Stephen Burrell dated November 7, 1995. Memorandum from City Manager Stephen Burrell dated November 7, 1995. (n) Recommendation to adopt a resolution approving the execution of State - Local Entity Master Agreement No. SLTPP-Cycle 5-5155 and Program Supplement Agreement No. 001 and 002. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. 2. CONSENT ORDINANCES a. 'ORDINANCE NO. 95-1137 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. b. ORDINANCE NO. 95-1138 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA , AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 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. NONE 4 ft MUNICIPAL MATTERS 4. STATUS REPORT ON 30TH & 31ST STREET FENCES ALONG WALKSTREET ENCROACHMENT AREA. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. RECOMMENDATION: 1. Direct staff to proceed with a text amendment to the Municipal Code to simplify the language of the encroachment permit code. a. Increase the height limit to 42" to comply with the UBC. b. Add language to require encroachment permits for new, remodel buildings or any new or reconstruction of fences or walls c. Add language regarding an appeal process. 2. Direct staff to work on the amortization and the insurance program and return to City Council with the results. 5. STATUS REPORT ON THE TRAFFIC SIGNAL AT AVIATION BOULEVARD AND OCEAN DRIVE. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. RECOMMENDATION: Receive and file. 6. ADOPTION OF ALL RESOLUTIONS NECESSARY TO PLACE A (G. R_ PROPOSED UTILITY USER TAX INCREASE ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE TUESDAY, MARCH 26, 1996 STATEWIDE PRIMARY ELECTION. Memorandum from City Clerk Elaine Doerfling dated November 7, 1995. 7. REQUEST FROM ARTS HERMOSA FOR CITY ALLOCATION OF PROPOSITION C OR PROPOSITION A FUNDS TO PROVIDE FirstNIGHT® SHUTTLE BUS SERVICE. Memorandum from Community Development Director Sol Blumenfeld dated November 6, 1995. RECOMMENDATION: Direct staff as deemed appropriate. 8. REPORT ON THE MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT INITIATIVE FOR THE MARCH 1996 BALLOT. Memorandum from City Manager Stephen Burrell dated November 7, 1995. RECOMMENDATION: Determine whether City Council wishes to take a position on the initiative. 5 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSED 'LETTER TO CONGRESSWOMAN JANE HARMAN CONCERNING FEDERAL TELECOMMUNICATIONS LEGISLATION. Memorandum from City Manager Stephen Burrell dated October 31, 1995. RECOMMENDATION: Approve letter and authorize Mayor to sign on behalf of the City. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 11. 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 from Mayor Bowler to direct Planning Commission to reconsider restrictions regarding mixed use. b. Request from Councilmember Reviczky for consideration of forming a sub- committee to work with other cities regarding the Beach Cities Health District. c. Request from Councilmember Reviczky for consideration of forming a sub- committee to express the City's position on the California Water Service rate increase. d. Request from Councilmember Reviczky for approval of the Beach Cities Toy Drive and authorization for placement of a toy collection bin in the City Hall parking lot and the use of the Clark Building for the wrapping party. e. Request from Councilmember Benz to direct Downtown Enhancement Commission to study feasibility of installing submersible pumps in storm drains to allow merchants to clean sidewalks. 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 6 —T c; RECEIVED NOV - 9 1995 CID MGR. OFFICE aAL UuL do-,}LiO5rJJJ&Paidc 9z. :_aAL ttaAkim3 01A. 0,0c2A05 pa L. i+ V5D • -fit& -11,00.All IYIA/V1 U., A.6 fA-11, . ,&udd . am(' -[61-- (S i/U.e_ a) di____ DEPARTMENT OF COMMUNITY RESOURCES 710 PIER AVENUE HERMOSA BEACH, CA 90254 (310) 318-0280 Park Permit/Application (All applicants must be residents of Hermosa Beach) NAME (J % �G(, RESIDENT/BUSINESS OTHER ADDRESS 2327 HYmos4 A PHONE NUMBERS: WORK tp(9 l 1235 HOME 314 50/5 EVENT Away -06 pot DATE 114 fr15 TIME 4` -7 pm 1 PARK/LOCATION \101 MUSIC BOWL)1,1,BBQ FIREPIT NUMBER OF PEOPLE EXPECTED? 25 • ADULTS CHILDREN 2 -5 - NUMBER OF BBQ PITS REQUESTED? k_ IS THERE AN ADMISSION FEE? NO YES COST $ INSURANCE REQUIRED? NO YES COMMENTS i1�1�i ( , i' `'lr i-, DATE REC'D STAFF REQUIRED? NO PURPOSE (FOR OFFICE USE ONLY) O. YES WORK REQUESTED FROM ANOTHER DEPARTMENT? NO YES EXPLAIN RULES AND REGULATIONS ON ATTACHED SHEET ARE: TO BE STRICTLY ADHERED TO AND ENFORCED Date Staff • Validation crparic.doc CITY OF HERMOSA BEACH MEMORANDUM DATE: November 9, 1995 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN BURRELL, CITY MANAGER RE: REQUEST TO WAIVE FEE FOR FIRE PIT PERMIT BY CHRIS ALEXANDER I have attached the permit and fee information for use of the fire pit in Valley Park. The fee, which is $46.75, is included in the Master Fee Resolution. The fee cannot be waived by staff. If the City Council is interested in waiving the fee for this event, it can do so by minute action and direct staff to return with a revision to the resolution that allows waiver of fees by the City Council. § 12-7 ision 1 Occupancies. An automatic sp (h) Group R, Divhout every apartment house;. system shall be installed thog containing more than five, (3) or more stories in heighthotel three (3) or sand (5,000) feet on all floors, am re than five thousand'{ stories in height or containing d' feet on all floors. Residential or quick -response stastaannddarard' kler heads shall be used in the dwelling portions of the building. Table No. 10.510(A), Standpipe requirements, is hereby am that three (3) stories shall be substituted whenever the, so refers to four (4) stories. Section 11.201, Bonfires and outdoor rubbish fires, is amended to read as follows: Section 11.201. Incinerators, open burning and comme becue pits. (a) It shall be unlawful for any person, firm or corpor ignite, set fire to, or cause or permit to be ignited or burn grass, weeds, trees, brush, paper, shavings, boxes, trash, except and or other combustible materials within the city, such combustible materials are burned in approved m which have been first approved by chamber incinerators, inspector of the dl chief of the city and the chief building officers. such approval is grantedsuch In writing by (b) Notwithstanding any other provisions of this section, person to set fire and burn combustible be lawful for any ill, or barbecue pit, p rials in any permanent fireplace, gr cue or p such burning is for the purpose of preparing of comb heat for human habitation, but in no case shall such buustible trash or rubb, for the purpose of disposing and continuou$ such fires shall be kept under competent vision and all flammable and combustible material fireplace, grill, or barbecup, be removed a suffi" tance so as not to constitute a fire hazard. pit barbeques or bonfires held (c) Outdoor fires such as but not otherwise prohl , nection with special activities, ermitted, if in the o' city or county ordinances may beP HERMOSA BEACH CITY CODE FIRE PREVENTION CODE § 12-7 {re chief, such fires do not create a hazard to persons or by obtaining a permit from the fire department. For the purpose of safety, all outdoor fires when not kindled Zuaintained within a permanent fireplace, grill, or barbecue shall be deemed unlawful without a permit from the fire ent. The fire chief may prohibit all outdoor fires when heric conditions or local circumstances make such fires ous. n 11.202, Types and construction of incinerators, is hereby ded to read as follows: on 11.202. Types and construction of incinerators. Every incinerator used within this jurisdiction shall be con - and maintained in accordance with the requirements of :Los Angeles County Air Pollution Control District, and the g code and mechanical code of this city. Whenever an incinerator becomes a public hazard or be - unsafe or is likely to cause fire to spread to neighboring es or otherwise endanger the public peace, health and of the citizens of the city, then upon notice, the fire chief prohibit the use of such incinerator. Thereafter, it shall be ul to use or maintain the same within the city. very incinerator shall be equipped and maintained with a arrestor constructed of iron, heavy wire mesh, or other ustible material, with openings not larger than one-half 11.112, Hours of burning, is hereby amended to read as 11.112. Hours of burning. g of waste matter is prohibited except in an approved 'r as defined in Section 11.203. ^gin approved incinerators as defined in Section 11.203(i) to the rules and regulations of the Los Angeles County ?llution Control District. 146 147 MASTER FEE RESOLUTION ______________ (2) (2) (3) (4) (5) (5) (6) (7) (8) (9) (9) (9) (9) SCHEDULE 2 - FIRE DEPARTMENT LEGAL AUTHORITY ACCOUNT NUMBER PRINTED: 10 -Nov -94 ** NO INCREASE IN FEES WILL BE ENACTED FOR SEPT 94. SEPTEMEER 92 FEES WILL REMAIN IN EFFECT. FEE AS OF NEW FEE COLA AS * FEE AS OF 9/1/92 (1) ACTUAL OF 5/92 * 9/1/91 (1) FIRE REPORT COPIES PARAMEDIC RESPONSE/TRANSPORT, RESIDENT PARAMEDIC RESPONSE/TRANSPORT, NON-RESIDENT PARAMEDIC RESPONSE/NON-TRANSPORT, RESIDENT PARAMEDIC RESPONSE/NON-TRANSPORT, NON -RES LOCK -OUT (CAR) LOCK -OUT (HOUSE) FLOODING WATER REMOVAL SPRAY BOOTH PERMIT (ANNUAL) SPRAY BOOTH INSPECTION (ANNUAL) FIRE PROTECTION SYSTEM, EXISTING OPEN FIRE PERMIT SPRINKLER CERTIFICATION TEST (5 YEARS) COMMERCIAL BUILDING/APARTMENT INSPECTION FUMIGATION PERMIT/INSPECTION HAZARDOUS MATERIALS STORAGE (ANNUAL) AUTO REPAIR PERMIT (ANNUAL) CAPTAIN HOURLY RATE ENGINEER HOURLY RATE FIREMAN HOURLY RATE PARAMEDIC HOURLY RATE Dept Policy Res 83-4657 Res 83-4657 New New N N N N New New New N Ord 84-762 New, N (1) ROUNDING CRITERIA: UNDER $10, NEAREST $.10 $10 AND OVER, NEAREST $.25 • (2) FEE INCREASES $50 AFTER 60 DAYS N N N N (3) NO CHARGE TO RESIDENT FOR EMERGENCY, $54.50 FOR NONEMERGENCY. "EMERGENCY" VS "NON -EMERGENCY" DETERMINED BY PUBLIC SAFETY DIRECTOR PASTER FEE RESOLUTION 001-3839 001-3840 001-3840 001-3871 001-3871 001-3873 001-3873 001-3874 001-3216 001-3875 001-3876 001-3217 001-3877 001-3878 001-3836 001-3861 001-3218 TO SPECIFIC TO SPECIFIC TO SPECIFIC TO SPECIFIC ACCT ACCT ACCT ACCT $9.80 $9.76 $108.50 $108.47 $162.755 $162.71 $54.25 $54.24 $108.50 5108.47 $65.00 $65.08 $103.00 $103.05 $94.25 S94.37 $16.25 $16.27 $325.50 $325.41 $114.00 $113.89 546.75 $46.64 $99.75 $99.79 $189.75 $189.82 $46.75 $46.64 SCHEDULE $0.00 $61.75 $61.83 $70.75 $70.79 $59.50 $59.57 $45.50 545.50 549.50 $49.55 103.70% 103.70% 103.70X 103.70X 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% 103.70% * * $9.40 * $104.50 * $157.00 * $52.50 * $104.50 * $62.75 * $99.50 • $91.00 * $15.75 * $313.75 * $109.75 * $45.00 * $96.25 * $183.00 ' $45.00 * See Schedule * $59.50 * $68.25 * $57.50 * $43.75 * $47.75 (4) CHARGE FOR NON-RESIDENTS, EMERGENCY OR NOT (5) "EMERGENCY" LOCKOUTS NO CHARGE; DETERMINED BY PUBLIC SAFETY DIRECTOR (6) FIRST AND RE -INSPECTION FEE, $114.00 EACH INSPECTION THEREAFTER (7) FIRST AND REINSPECTION FEE, $189.75 EACH INSPECTION THEREAFTER 5(4/34;24 PUBLISHED CRIMES RELATED TO EXISTENCE OF DOWNTOWN DATE 11-25-94 12-1-94 (approx), 1-7-95 (approx) 2-19-95 3-28-95 5-30-95 6-4-95 7-4-95 7-27-95 8-12-95 10-6-95 10-8-95 10-22-95 INCIDENT 11th St. Resident, heavily intox., leaves bar, takes cab, is robbed of $1600 by cab driver Intox. Culver City man hit with beer bottle and beaten by a family, inside bar Redondo man fighting in parking lot on 11th St., then shoves and hits responding officer Redondo man strikes intox. wife who falls. Wife & other fem. attack interceding officer Alhambra man leaving bar is confronted by youths, goes to car, gets gun, fires 11 shots Redondo man hits other with beer bottle, then kicks him Santa Fe'Springs man who "had been drinking" assaulted by parking lot attendant Van Nuys man shoved, followed, he and girlfriend are surrounded, threatened with death, by gang of 3. One is apprehended 2 men arguing "along Pier Ave. and the Strand." 2 officers in struggle to separate them but one falls, is aided by bouncers Torrance man, intoxicated, ejected from bar, alleges beating outside by bouncers Man exits bar, knocked out (also broken nose, cheek, concussion) by man who has knife. Suspect kicks escort officer who falls Venice man assaults couple in bar, goes to car, is surrounded by police, is shot 3 times Hawthorne man, after "drinking heavily at downtown bar," breaks into nearby home, drags woman, attempts rape but police arrive ����ww Q,w4 Li -N HERMOSA BARS POLICE HURT? LOCATION One officer assaulted One officer assaulted Scrapes and bruises Officer falls Nearly run over Knocked down, concussion "Pier Avenue bar" "Hermosa Avenue sushi bar" Pier Ave. parking lot "At the pier" Light- house Light- house Pier Ave. parking lot Begins outside Pier 52 Lower Pier Avenue Light- house Bar in first block of Pier Ave. End Zone Down- town bar October 4, 1995 Honorable Mayor and Members of the Hermosa Beach City Council FILE Regular Meeting of October 10, 1995 TRAFFIC SIGNAL AT AVIATION BLVD. AND OCEAN AVENUE: REQUEST BY BUSINESS OPERATORS TO REMOVE LEFT TURN POCKETS Purpose: To provide information for the City Council to review concerning the request of the business operators. Background: The installation of the signal generally has been well received by the businesses in the area. I believe that many residents that are on either side of Aviation also find it easier to leave their neighborhoods. The problem developed when the red curbs were installed in order to accommodate the left turn lanes for east and west bound traffic turning on to Ocean Avenue. The red curbs eliminated parking in front of businesses located on a portion of the south side of Aviation Boulevard. The businesses located east of Ocean Avenue on the south side lost four spaces. These businesses have only limited off-street parking in two small lots. There were also two spaces removed west of Ocean Avenue. This building has several businesses and an off-street parking lot. The businesses have stated that the loss of this on -street parking has had a negative impact on customers coming to their stores. I have attached a copy of a letter that has been provided to business operators in the area. The letter includes reports from traffic engineering and a drawing showing the impacted area and the number of spaces added to offset the loss of parking in the areas necessary to accommodate the left turn lanes. It is clear that if the left turn lanes remain, then the parking could not be restored where it existed before. If the City Council wishes to grant the request and remove the left turn lanes. it can do so. The City has a certain amount of immunity from liability when it makes a legislative determination on an issue like this. It is important to review the material that is attached and then make a decision on the request. Recommendation: Review the request from Aviation Boulevard businesses and make a determination on whether or not the left turn lanes should be modified or removed. Resp = y,ly submitted, Stephen ' .: urrell City Manager SUPPLEMENTAL INFORMATION. City of 2lermosa Beack...) September 27, 1995 Mr. Eddie Talbot E.T. Surfboards 916 Aviation Boulevard Hermosa Beach, California 90254 Dear Eddie: Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254.3885 I have attached some information concerning the left turn pockets and the resulting loss of on - street parking. I believe that it is a good idea to present all of the options to you and all the other property owners and business operators prior to making any additional changes. It appears that the present red curbing now results in no loss of parking. Certainly, the replacement parking spaces are not as useable for some of the businesses. Probably, the most difficult spot is the southeast corner of Aviation and Ocean (Mr. Given's building). It is not possible to add any more on -street parking near the intersection with the left turn pockets. A letter is attached concerning left turn pockets by the traffic engineer that designed the signal. Also attached is a memo from Ed Ruzak & Associates, the City's Traffic Engineer. He is responding to several questions that we raised about the left turn lanes. I believe that this information will be helpful to you and the other business and property owners in the area as to why the lanes were included. I would be happy to meet with you so that we can go over the information and perhaps craft a proposal that will be somewhat workable for the businesses in the area. Sincerely, Stephen R Burrell City Manager SRB:reb cc: City Council Amy Amirani, Public Works Director S1oP 09:12/9 09:19 WESTON FR I NGLE AND ASSOCIATES 002 WPA Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING September 12, 1995 Ms. Amy Amirani Director of Public Works City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254-3885 SUBJECT: AVIATION BOULEVARD AND OCEAN DRIVE, CHANNELIZATION Dear Ms. Amirani: Our firm prepared the plans for the installation of a traffic signal and related striping at the intersection of Aviation Boulevard and Ocean Drive. While our initial plan did not include left turn channelization on Aviation Boulevard, this feature was added at the request of the City. We agree with the City's decision to provide left turn channelization with the signalization to increase the safety of the street. The left turn channelization provides a refuge arca for left turning vehicles. This reduces the potential for rear -end type collisions. In addition, it provides for increased capacity and smoother traffic flow by reducing the potential for lane blockage. The installation of the signal provides an opportunity for drivers to turn left during the signal change or yellow interval. As a result, there tends to be an increase in left turns. This further supports the desirability of left turn channelization. With few exceptions, left turn channelization is normally installed as a part of signalization. While some on -street parking may be lost, the safety benefits arc felt t� offset this loss. OS/12,99 09:20 WESTON PRINGLE AND ASSOCIATES 003 * We trust that these comments will be of assistance. If you have any questions, please contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC. Weston S. Pringle, P.E. Registered Professional Engineer State of California Numbers C16828 & '1R565 WSP:ca #921632 - ='ii F i Air" • hG Ir E', I tI C .� -14 ?:.4 , .1• ��9-1 r w i • . 'y' isV r,a .r The signal installation included a restriping of Aviation Blvd to provide separate left turn lanes for eastbound and westbound directions. The left turn pockets are needed in order to avoid a dangerous condition that would exist at the signal without them. Westbound traffic on Aviation is high speed and comes around a curve that has limited sight distance. Further, the westbound direction is downhill. Any driver stopped in the through lane while trying to make a left turn runs the risk of being rear ended. Likewise a driver westbound may have to take evasive action to avoid the stopped left turner resulting in a loss of control type accident. The eastbound left turner stopped in the through lane runs the serious rear end risk of being struck by eastbound vehicles that are accelerating up the hill from PCH. The driver on the uphill curve also has limited sight of stopped vehicles in the. through lane. Vehicles making turns out of Aubrey Court, the shopping Center or motel driveways that wish to _go east must accelerate into traffic while watching out for westbound and eastbound through traffic. They do not need to have another fixed obstacle, i.e. a stopped vehicle in the through lane to impede their progress or to create a safety hazard for them. Removing the left turn lanes and prohibiting.the left turns in both directions is not feasible and would contribute to safety problems on adjacent streets. The eastbound left turning drivers would then have to turn at Bonnie Brae and Aviation. This would be a horrible situation in that drivers accelerating,up the hill would not expect a stopped vehicle just after a traffic signal. With a prohibited eastbound left turn, drivers would have to turn left at Aubrey court to enter Montgomery Street. They couldn't do so at Ocean. This is an existing problem accident location that is entirely too close to the shopping center driveway and PCH. Congestion would occur and safety would be jeopardized. Without the left turn lanes and with the turn prohibitons traffic would have to use other residential streets and travel longer distances along these streets to reach their destination. This is exactly what the citizens of Hermosa Beach do not want. They have repeatedly through questionnaires and public hearings told us they do not want one way streets and restricted turns to control their access. . 1 Option One - Remove Left Turn Pockets A. Allow Left Turn The left turn channelization provides a refuge area for left turning vehicles. This reduces the potential for rear -end type collisions. Removal of the left turn pockets will greatly diminish the safety factors of this particular intersection since westbound traffic on Aviation is high speed and comes around a curve that has limited sight distance. B. Prohibit Left Turn This option is not feasible and would contribute to safety problems on adjacent streets. This option would create a traffic problem on addict residential streets. C. Prohibit Left Turn at Peak Periods This option is not feasible. The eastbound left turning drivers would have to turn at Bonnie Brae and Aviation. Bonnie Brae intersection is too close to the subject signal and drivers accelerating up the hill would not expect a stopped vehicle just after a traffic signal. Option Two - Leave Left Turn Pockets The left turn channelization provides for safety and reduces potential rear -end accidents. The installation of the pockets provides an opportunity for drivers to turn left during the signal change or yellow intervals. This is most common when installing new signals. With few exceptions, left turn channelization is normally installed as part of signalization. While some street parking may be lost, the safety benefits are felt to offset this loss. Option Three - Work on providing additional parking The Public Works department has worked with the businesses to provide as much on street parking as possible and will continue to do so in the future. Some of their efforts include: New parking spaces created: 1. Remove existing red curb and created 2 parking spaces eastbound Aviation east of Bonnie Brae. 2. Removed existing red curb to create two additional parking spaces eastbound Aviation just east of Ocean Drive. 3. Remove existing red curb and created two additional parking spaces eastbound Aviation just west of Prospect. TOTAL PARKING SPACES CREATED: 6 Existing parking spaces removed 4. Possible four spaces eastbound Aviation just east of Ocean Drive. 5. Two spaces eastbound Aviation just west of Ocean Drive. TOTAL PARKING SPACES REMOVED: 6 6 November 1995 City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 • ��q .-� 17 NOV 0 7 J995CITY CLERK It**1111510 CITY OF HERMOSA BEACH To the Honorable Mayor and Members of the City Council of Hermosa Beach: 10 My name is Gerald E. McGowen, and I live at 1440 Campana Street in Hermosa Beach. My residence is the rear unit of a duplex, 1436/1440 Campana. The driveway at 1436/1440 Campana is asphalt and in serious need of repair. I wish to replace the asphalt driveway with a concrete driveway; a project that will benefit me and my neighbors. I have discussed this project with Hermosa Beach employees so as to acquire the appropriate permits and to comply with all regulations. During this process, I was informed that I would need to install curbs and gutters. If I do this, I will have the only curbs and gutters on the street (there is a small section of curb associated with the storm drain at the end of the street, but that curb is actually on Joy Street, not Campana Street). Campana Street is very small and in some ways, unusual. Only five properties, including my duplex, front Campana Street. All of the remaining properties bordering Campana Street front Bonnie Brae (9 properties), Prospect (2 properties), or 14th Street (1 property; actually bordering Joy Street at the location of the storm drain); Campana Street serves as an alley to them. Within the last few- years, two new houses were built on Bonnie Brae with Campana Street serving as their alley. Curbs and gutters on Campana Street were not required for these properties because Campana Street is their alley. All properties on the west side of Campana Street front Bonnie Brae; Campana Street is an alley to all of them. Presumably, the west side of Campana Street will never require curbs and gutters, and presumably the same would be true for the two east side lots that front Prospect. Because of this, and because we, the residents of Campana Street, like and wish to retain the country -like atmosphere of our small street, we, the residents of Campana Street, request that Campana Street not have curbs and gutters. It is our understanding that similar exemptions have been granted for other streets in Hermosa Beach. The attached petition requesting an exemption for Campana Street was signed by owners of all, five Campana-Street properties, and by someone from all of the properties for which Campana Street serves as an alley. Your consideration of this petition is greatly appreciated. Sincerely, Gerald E. McGowen 1440 Campana Street Hermosa Beach, CA 90254 Attached: 2 page petition PL -a,lin_Y; z_ -se ,z..� 6', 7 CITY COUNCIL HERMOSA BEACH, CA 1 t:Cy i1 7 1995'. CITY of HEq+�USA ryEACH 10/20/95 We, the Residents of Campana Street in Hermosa Be etitioning the City Council to allow our small street to remain country -like without the installation of curbs, gutters, and sidewalks. PRINT NAME Ge f� ? /11---,61‘,„14G�����z /V/1m2y/E/ /d7 5-E/✓lioc PA -k_ -1—,b1- 0 ADDRESS /5"-A2 en -,4P4-414 /576e_4/140074 -/U4 f SIGNATURE '-7 J �.s r 1/ y3(3O/t);.PltAE /57j t 1 L -,o Eflrnit,P- NF} Apt (94/9_5_c %,.):::;(1 W,;!.� �.R. 4 / &ca - T'as E,./ /(✓arc 4 k G,S�,2 /V / ti!a CAPii 4 A/4- VC,C.) n h\ � �r LP NOV 0 7 1995 10 CITY COUNCIL c.;; ci. ^x HERMOSA BEACH, CA —cruor rte;:�:�c„ ���cH 77 We, the Residents of Campana Street in Hermosa oning the City Council to allow our small street to remain country -like without the installation of curbs, gutters, and sidewalks. 10/20/95 PRINT NAME ADD SS i 5/fO Jia/ /s7� rv�y .Q->ntri-et4)\/ 13()Ini/ Yue J Amu`, l L-iy3 rAmPAN-A LG i.L 1x-13() C4—,p.A..J S l VOUCHRE2 10/26/95 17:41 ---> VOID CHECKS CHECK NUMBERS COMMENTS CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS 004888 TO 004915 VOID/PRINTER SETUP 005023 VOID PAGE 1 16� VOUCHRE2 10/26/95 17:41 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 4916 10/26/95 006735 EVELYN ACREE v( 4917 10/26/95 003209 AIR TOUCH CELLULAR CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND COMM RES TRIP CELLULAR PHONES&ACCESS CELLULAR CHGS/OCT'95 CELLULAR PHONE CHGS/10-95 4918 10/26/95 005221 ALL POINTS MAINTENANCE JANITORIAL SERV/SEPT'95 4919 10/26/95 006421 ALL STAR FIRE EQUIPMENT BLK DIAMOND BOOTS/GAROFANO 4920 10/26/95 006766 HILDA ALVARADO REFUND CITE OVERPAYMENT 4921 10/26/95 001956 AMERICAN SOC. OF CIVIL MEMBER DUES/A.AMIRANI 4922 10/26/95 006776 DENNIS ANDERSON 4923 10/26/95 006736 ELIZABETH AREVALO 4924 10/26/95 006768 OSMOND S. BIE 4925 10/26/95 006737 KRISTINE BORGATELLO 4926 10/26/95 000163 BRAUN LINEN SERVICE 4927 10/26/95 002144 BREON, O'DONNELL, MILLE 4928 10/26/95 006738 PATRICIA BROWN 4929 10/26/95 002076 BROWNING & FERRIS INDUS 4930 10/26/95 006733 NATHALIE BUI 4931 10/26/95 005950 CALIFORNIA EMS AUTHORIT 4932 10/26/95 001078 STATE OF CALIFORNIA 4933 10/26/95 006538 CAPORICCI & LARSON 4934 10/26/95 006739 EDNA CIFUENTES 4935 10/26/95 004534 CMP SUPPLY COMPANY 4936 10/26/95 004715 COLEN AND LEE 4937 10/26/95 005970 DENNIS COLLINS REFUND ELECT PERMIT OVRPMT REFUND CITE OVERPAYMENT REFUND CITE OVERPAYMENT REFUND TENNIS CLASS PRISONER LAUNDRY/OCT'95 LEGAL SERVICES/SEPT'95] REFUND DANCE CLASS REFUSE LIEN FEES/FINAL PMT REFUND CITE OVERPAYMENT PARAMEDIC LICENSE/CLAWSON PARAMEDIC LIC/LICKHALTER PARAMEDIC LICENSE/BRIDGES PUBLICATIONS/PLANNING AUDIT SERV/JULY--OCT 7'95 CITE REFUND/ADM REVIEW LASER JET TONER/OCT'95 CLAIMS ADM/NOV'95 BCH VOLLEYBALL INSTRUCTOR BCH VOLLEYBALL INSTRUCTOR ACCOUNT NUMBER 001-4601-4201 001-2101-5401 001-4202-4304 001-2201-4304 001-3104-4201 001-2201-4187 110-3302 001-4202-4315 001-3205 110-3302 110-3302 001-3893 001-2101-4306 001-1203-4201 001-3893 '001-2020 110-3302 001-2201-4317 001-2201-4317 001-2201-4317 001-4101-4305 001-1202-4201 110-3302 001-1206-4305 705-1209-4201 001-4601-4221 001-4601-4221 4938 10/26/95 006563 CONSTRUCTION MGMT INSPE MONTEREY BLVD CONST/9-95 160-8408-4201 MONTEREY BLVD CONST/10-95 160-8408-4201 ITEM AMOUNT 30.00 578.64 89.65 33.42 715.00 86.19 12.00 165.00 191.50 20.00 10.00 25.00 49.30 36.00 40.00 5,368.17 5.00 125.00 125.00 125.00 117.00 11,225.00 20.00 387.42 1,470.00 574.00 476.00 PAGE 2 CHECK AMOUNT 30.00 701.71 715.00 86.19 12.00 165.00 191.50 20.00 10.00 25.00 49.30 36.00 40.00 5,368.17 5.00 375.00 117.00 11,225.00 20.00 387.42 1,470.00 1,050.00 4,640.00 4,640.00 9,280.00 VOUCHRE2 10/26/95 17:41 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 4939 10/26/95 006742 BETH CROSS 4940 10/26/95 002971 JIM CUBBERLEY 4941 10/26/95 006740 ANN CURRIE 4942 10/26/95 004689 DATA TICKET, INC. 4943 10/26/95 000049 4944 10/26/95 000267 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND COMM RES CLASS SURF CLASS INSTRUCTOR REFUND COMM RES CLASS DMV RECORD RETRIEV/9-95 DMV RECORD RETRIEV/9-95 DEPARTMENT OF CONSERVAT SEISMIC FEES/APR THRU SEPT,95 DEPARTMENT OF TRANSPORT HIGHWAY MAINT/JULY,95 HIGHWAY MAINT/AUG'95 REFUND NON -RES FEE OVRPMT REFUND CITE OVERPAYMENT 4945 10/26/95 006741 BHUPINDER DHALIWAL 4946 10/26/95 006770 ROBERT H. DIAS 4947 10/26/95 004394 DIVERSIFIED PHOTO SUPPL PHOTO SUPPLIES/OCT,95 4948 10/26/95 005676 FARO EDWARDS 4949 10/26/95 006700 ERNST & YOUNG, LLP 4950 10/26/95 003169 STEVE FILLMAN 4951 10/26/95 006767 JIM D. FREDRICK 4952 10/26/95 006743 BARBARA E. GIBEAULT 4953 10/26/95 006730 COREY GLAVE /4954 10/26/95 006745 GRACE HAWEKOTTE v//4955 10/26/95 004075 CITY OF HERMOSA BEACH 4956 10/26/95 006746 STEVEN D. HOLE 4957 10/26/95 006731 HYETT PALMA, INC 4958 10/26/95 006748 JENNIFER IMSWILER 4959 10/26/95 005254 REFUND COMM RES CLASS GREENBELT DEFEASANCE REPT BCH VOLLEYBALL INSTRUCTOR BCH VOLLEYBALL INSTRUCTOR BCH VOLLEYBALL INSTRUCTOR VOLLEYBALL INSTRUCTOR REFUND CITE OVERPAYMENT REFUND CITE OVERPAYMENT REFUND CITE OVERPAYMENT REFUND COMM RES CLASS WKRS COMP CLAIMS/OCT'95 REFUND WORK GUAR DEP DOWNTOWN ECON SUMMIT/AUG'95 PROFESSIONAL FEE REFUND COMM RES CLASS INFINITE COMPUTER GROUP COMPUTER SYS MAINT/OCT'95 COMPUTER SYS MAINT/OCT'95 MAC PC MAINT/OCT'95 4960 10/26/95 004251 RIC JENNINGS VOLLEYBALL LEAGUE INSTRUCTOR ACCOUNT NUMBER 001-3893 001-4601-4221 001-3893 110-3302-4201 110-3302-4201 001-3204 105-2601-4251 105-2601-4251 001-3893 110-3302 001-4202-4305 001-3893 126-8514-4201 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 110-3302 110-3302 110-3302 001-3893 705-1217-4324 001-2110 001-1101-4317 001-1101-4317 001-3893 001-2101-4201 001-2201-4201 001-2101-4201 001-4601-4221 PAGE 3 ITEM CHECK AMOUNT AMOUNT 35.00 35.00 682.50 682.50 80.00 80.00 105.21 123.62 228.83 495.03 495.03 840.48 2,486.09 3,326.57 10.00 10.00 20.00 20.00 136.40 136.40 47.00 47.00 1,000.00 1,000.00 1,111.60 812.00 728.00 388.50 3,040.10 20.00 20.00 20.00 20.00 40.00 40.00 45.00 45.00 4,525.92 4,525.92 1,600.00 1,600.00 600.00 2,500.00 3,100.00 48.00 48.00 457.80 305.20 201.00 964.00 560.00 560.00 VOUCHRE2 CITY OF HERMOSA BEACH 10/26/95 17:41 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4. VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 4961 10/26/95 006747 BRIT JOHNS REFUND COMM RES CLASS 001-3893 4962 10/26/95 006775 ALAN KEREN REFUND BCH VOLLEYBALL OVRPMT 001-3893 4963 10/26/95 006293 KINKO'S PRINTING CHGS/BUDGETS 001-1101-4305 4964 10/26/95 006769 CHRISTINA KLEIN REFUND CITE OVERPAYMENT 110-3302 4965 10/26/95 001660 L. A. CO. REGISTRAR/REC SIGNATURE VERIFICATIONS 001-1121-4251 4966 10/26/95 004303 LANDSCAPE WEST, INC. LANDSCAPE SERVICES/SEPT'95 001-4202-4201 4967 10/26/95 006749 LISA LASALA REFUND COMM RES CLASS 001-3893 4968 10/26/95 003261 LEAGUE OF CALIFORNIA CI CONFERENCE REGIS/CITY MGR 001-1201-4317 4969 10/26/95 002175 LIEBERT, CASSIDY & FRIE GEN LEGAL FEES/8-29--9-25-95 001-1203-4201 4970 10/26/95 006750 AMY LIPP CITE REFUND/ADM REVIEW 110-3302 4971 10/26/95 006751 JENNIFER LIGUORI REFUND COMM RES CLASS 001-3893 4972 10/26/95 006752 CARRIE LITTLE REFUND COMM RES CLASS 001-3893 4973 10/26/95 003097 DAVE MABEE REFUND DAMAGE DEPOSIT 001-2110 4974 10/26/95 006668 MANAGEMENT INSPECTION S PROJ ADM SERV/SEPT'95 160-8408-4201 4975 10/26/95 006623 TIPHANIE MATURO THEATRE LGHTG TECH/8-95 001-4601-4221 4976 10/26/95 005491 GREGORY MELNYK CITE REFUND/ADM REVIEW 110-3302 4977 10/26/95 003080 MERRIMAC PETROLEUM, INC ENGINE OIL 001-4204-4310 4978 10/26/95 006753 SHIRLEY L. NADEAU CITE REFUND/ADM REVIEW 110-3302 4979 10/26/95 006754 MARCIA NICHOLSON REFUND COMM RES CLASS 001-3893 4980 10/26/95 006755 KEVIN NOGUCHI CITE REFUND/ADM REVIEW 110-3302 4981 10/26/95 006667 OHODO L & C ENGINEERING SOIL TESTS/SEPT'95 , 160-8408-4201 4982 10/26/95 000093 OLYMPIC AUTO CENTER AUTO REPAIR TO HB -1 705-1210-4324 4983 10/26/95 004462 PARMA ANNUAL DUES/B.BLACKW000 705-1209-4315 4984 10/26/95 006756 LEITHEA PORTER REFUND COMM RES CLASS 001-3893 4985 10/26/95 002366 PRIMA PRIMA RENEWAL DUES 705-1209-4315 4986 10/26/95 006771 ISAAC RAMON REFUND CITE OVERPAYMENT 110-3302 40.00 40.00 10.00 10.00 559.11 559.11 5.00 5.00 51.36 51.36 7,910.00 7,910.00 30.00 30.00 105.00 105.00 303.75 303.75 22.00 22.00 30.00 30.00 35.00 35.00 250.00 250.00 1,632.00 1,632.00 60.00 60.00 22.00 22.00 -699.09 699.09 20.00 20.00 25.00 25.00 40.00 40.00 2,450.00 2,450.00 2,073.52 2,073.52 50.00 50.00 47.00 47.00 205.00 205.00 20.00 20:00 C' VOUCHRE2 10/26/95 17:41 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 4987 10/26/95 003991 BARRY REED 4988 10/26/95 006110 OLIVIA REISSIG 4989 10/26/95 006773 RODRIGO REYES 4990 10/26/95 006757 DAVID RICHMOND 4991 10/26/95 006758 CONSTANCE RICOTTA CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION BALLRM DANCE INSTRUCTOR BALLRM DANCE INSTRUCTOR REFUND COMM RES CLASS/WY01 REFUND COMM RES CLASS/WY02 REFUND COMM RES CLASS/WY03 REFUND CITE OVERPAYMENT CITE REFUND/ADM REVIEW REFUND COMM RES CLASS 4992 10/26/95 005035 ROLLINS HUDIG HALL OF C INS PREMIUM/JULY THRU SEPT'95 4993 4994 4995 10/26/95 10/26/95 10/26/95 004061 SYLVIA ROOT 006649 IRWIN 1, MD. ROSENFELD 006221 ROX CONSULTING GROUP, 1 4996 10/26/95 006608 S.C.A.O.M.D. 4997 10/26/95 006759 THOMAS SABBE 4998 10/26/95 006760 BARBARA SABO 4999 10/26/95 006772 KEVIN SCOTT 5000 10/26/95 004187 SHARP SEATING COMPANY 5001 10/26/95 003505 SHORELINE PRINTING MINUTES SECRETARY/OCT 4'95 FIREFIGHTER FITNESS EXAM ENGINEERING-SWR8PAVEMNT REHAB ENG SERV/LOMA ST -11TH --6TH ST ENGINEERING-SWRBPAVEMNT REHAB ENG SERV/LOMA ST -11TH --6TH ST PERMMIT FEE/CITY YD EQUIP CITE REFUND/ADM REVIEW REFUND COMM RES TRIP REFUND CITE OVERPAYMENT ROSE PARADE TRIP BUSINESS CARDS INSPECTION FORMS 5002 10/26/95 006666 SILVIA CONSTRUCTION INC SEWER CONSTR/MONTEREY BLVD 5003 10/26/95 005963 SIR SPEEDY 5004 10/26/95 002186 SIRCHIE INC. "NO PARKING" SIGNS FINGERPRINT POWDER 5005 10/26/95 000118 SOUTH BAY MUNICIPAL COU CITE SURCHARGES/AUG'95 CITE SURCHARGES/SEPT,95 5006 10/26/95 000171 SOUTHERN CALIFORNIA EDI ELECTRICAL RELOCATION SERV 5007 10/26/95 006732 SUSAN S. SPORING REFUND CITE OVERPAYMENT 5008 10/26/95 002993 STANDARD FUSEE CORPORAT HIGHWAY._ FLARES ACCOUNT NUMBER 001-4601-4221 001-4601-4221 001-3893 001-3893 001-3893 110-3302 110-3302 001-3893 001-3897 001-4102-4201 001-1203-4320 160-8408-4201 160-8408-4201 160-8408-4201 160-8408-4201 001-3104-4251 110-3302 001-4601-4201 110-3302 001-4601-4201 001-4201-4305 001-2201-4305 160-8408-4201 001-4601-4305 001-2101-4305 110-3302 110-3302 125-8515-4201 110-3302 001-2101-4309 ITEM AMOUNT 504.00 283.50 48.00 48.00 35.00 5.00 20.00 35.00 543.36 134.75 850.00 1,540.00 1,860.00 960.00 1,440.00 414.85 20.00 25.00 2.00 891.40 75.78 200.26 162,921.26 160.58 121.80 32,056.00 22,256.00 1,409.40 12.00 921.40 PAGE 5 CHECK AMOUNT 787.50 131.00 5.00 20.00 35.00 543.36 134.75 850.00 5,800.00 414.85 20.00 25.00 2.00 891.40 276.04 162,921.26 160.58 121.80 54,312.00 1,409.40 12.00 921.40 VOUCHRE2 10/26/95 17:41 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 5009 10/26/95 000364 STATE OF CALIFORNIA 5010 10/26/95 004883 DORIS STEPHANOFF 5011 10/26/95 006761 GAY SWAINE 5012 10/26/95 005261 SUSAN TAINTER 5013 10/26/95 006762 KEN THOMPSON 5014 10/26/95 006774 JOSH TRIGUEROS 5015 10/26/95 001427 PETER C. TUCKER 5016 10/26/95 004768 UPTIME COMPUTER SERVICE 5017 10/26/95 001938 V & V MANUFACTURING 5018 10/26/95 006763 FRANK WATTLES 5019 10/26/95 006690 WINTROUB & FRIDKIS 5020 10/26/95 002319 JERRY WITT 5021 10/26/95 006764 WES WOOD 5022 10/26/95 005125 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION FINGERPRINT SERV/SEPT'95 REFUND COMM RES TRIP REFUND COMM RES CLASS REFD COMM RES CLASS/WY02 REFD COMM RES CUSS/WY03 _ REFD COMM RES CLASS/WY01 BSKTBALL LEAGUE INSTRUCTOR SUMMER CLASS INSTRUCTOR CITE REFUND/ADM REVIEW COMPUTER MAINT/OCT'95 SERVICE AWARD PINS DETECTIVE BADGE W/CASE CITE REFUND/ADM REVIEW LEGAL SERVICES/AUG'95 RE -ROOF BOWLING GRN BLDG CITE REFUND/ADM REVIEW JOHN WORKMAN, PETTY CAS REIMS REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB REIMB PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 PETTY CASH/10-11--10-24 5024 10/26/95 006765 KELLEY J. ZISLIS REFUND CITE OVERPAYMENT ACCOUNT NUMBER 001-2101-4251 001-4601-4201 001-3893 001-3893 001-3893 001-3893 001-4601-4221 001-4601-4221 110-3302 001-1206-4201 001-1203-4201 001-2101-4187 110-3302 001-1131-4201 001-4204-4201 110-3302 001-1121-4305 001-1202-4317 001-1206-4309 001-2101-4187 001-2101-4305 001-2101-4312 001-2101-4317 001-3104-4309 001-4101-4305 001-4202-4309 001-4202-4317 001-4204-4309 001-4601-4308 001-4601-4311 105-2601-4309 109-3301-4305 001-3904 110-3302 PAGE ,6 ITEM CHECK AMOUNT AMOUNT 126.00 126.00 25.00 25.00 53.00 53.00 48.00 35.00 48.00 131.00 350.00 350.00 364.00 364.00 20.00 20.00 211.00 211.00 776.07 74.54 850.61 20.00 20.00 166.20 166.20 2,184.17 2,184.17 20.00 20.00 20.63 20.00 269.24 37.62 102.37 64.00 5.00 39.15 46.54 20.00 27.00 42.56 31.93 16.24 29.88 16.08 .56- 787.68 18.00 18.00 TOTAL CHECKS 303,219.47 VOUCHRE2 CITY OF HERMOSA BEACH 10/26/95 17:41 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 52,056.01 105 LIGHTG/LANDSCAPG DIST FUND 3,356.45 109 DOWNTOWN ENHANCEMENT FUND 16.08 110 PARKING FUND 54,973.83 125 PARK/REC FACILITY TAX FUND 1,409.40 126 4% UTILITY USERS TAX FUND 1,000.00 160 SEWER FUND 182,083.26 705 INSURANCE FUND 8,324.44 TOTAL 303,219.47 PAGE 7 VOUCHRE2 CITY OF HERMOSA BEACH 10/26/95 17:41 VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THEEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON P9GES TO INCLUSIVE, OF THE VOUCHER REGISTER FOR /04* ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY • FINANCE DIRECTOR DATE /%6*-- PAGE i November 1, 1995 Honorable Mayor and For the Meeting of Members of the City Council November 14, 1995 CANCELLATION OF CHECKS Please consider the following request for cancellation of the checks listed below. #003887 - 6/19/95 - South Bay Framing. $100.00. Account number 001-2110. Check never received by payee. #004262 - 08/29/95 - Air Touch Cellular. $1,022.44. Account numbers 001-2101-4304 - $533.54, 001-2201-4304 - $139.59, 001-4202-4304 - $349.31. Invoice included twice in error. Check was never mailed. #004432 - 9/21/95 - Dive N' Surf - $140.00. Account number 001-2201-4309. Duplicate payment. #004511 - 9/21/95 - Restaurant Equipment Maintenance. Account number 001-2201- 5602. Issued to incorrect vendor in error. #004791 - 10/12/95 - Hazelrigg Risk Management Service, Inc. Account numbers 705- 1217-4324 - $13,008.39, 705-1217-4201 - $8,400.00. Workers' Comp Claims paid to incorrect vendor in error. Check was never mailed. #004799 - Hyatt Regency Monterey - $429.00. Account number 001-1203-4317. Employee unable to attend conference. Check was never mailed. #004848 - San Francisco Hilton - $855.04. Account number 001-1101-4317. Check not received in time to pay for hotel rooms. #004994 - Irwin Rosenfeld, MD. - $850.00. Account number 001-1203-4320. Duplicate billing by vendor in error. Check was never mailed. Concur: Stephen. Burrell, City Manager M. Workman, City Treasurer aiceatex‘4144.4, Noted for fiscal impact: Viki Copeland, Finance Director November 9, 1995 Honorable Mayor and Members of the Hermosa Beach City Council 84 -3:ee5/0 Regular Meeting of November 14, 1995 TENTATIVE FUTURE AGENDA ITEMS November 28, 1995 Canvass of votes and installation of officers City Clerk Report on proposal to place metered parking in center of upper Pier Avenue Public Works Director Standards for ABC licensing process City Manager Equipment Replacement Fund City Manager Building Repair and Replacement Fund City Manager Recommendation to deny claims Risk Manager Public Hearing: Adoption of the 1994 Uniform Building Codes and related publications amending Chapter 7, Articles I, II, III & IV, and Chapter 24 of the Hermosa Beach Municipal Code Community Development Director Public Hearing: Text amendment to Municipal Code Section 29-38(i)(j) regarding private parking on public right-of-ways. Community Development Director Public Hearing: Text amendment to modify the Planning Commission Appeal Process Community Development Director December 12, 1995 Update on League of California Cities Library Task Force City Manager Report on amendments to section 6-6.2 & 7-6.6 and the duties of the Board of Appeals. Community Development Director NO MEETING DECEMBER 26, 1995 Upcoming Public Hearing: Strand Ordinance and settlement Community Development Director Potential funding for the Parks & Recreation Facility Tax Fund Community Resources Director Inventory of curbs, gutters & sidewalks Public Works Director lc October 30, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 14, 1995 CITY COUNCIL MEETING SCHEDULE FOR 1996 Purpose: To set a schedule for City Council meetings for 1996. Background: City Council meets on the 2nd and 4th Tuesday of each month, with the exception of the months of August and December when Council meets only on the 2nd Tuesday to accommodate the summer vacation and winter holiday seasons. This break in the council meeting/staff report cycle allows staff to concentrate on "work in progress" and is a very productive time. Analysis: With a schedule in place for 1996, we would be able to achieve the above mentioned results without overburdening the agendas for the meeting prior to, or following the August and December hiatus. Recommendation: Approve the meeting schedule for 1996. Respectfully submitted, Stephen . Burrell City Manager ld JANUARY 9, 1996 JANUARY 23, 1996 FEBRUARY 13, 1996 FEBRUARY 27, 1996 MARCH 12, 1996 MARCH 26, 1996 APRIL 9, 1996 APRIL 23, 1996 MAY 14, 1996 MAY 28, 1996 JUNE 11, 1996 JUNE 25, 1996 JULY 9, 1996 JULY 23,'1996 AUGUST 13, 1996 NO MEETING AUGUST 27, 1996 SEPTEMBER 10, 1996 SEPTEMBER 24, 1996 OCTOBER 8, 1996 OCTOBER 22, 1996 NOVEMBER 12, 1996 NOVEMBER 26, 1996 DECEMBER 10, 1996 NO MEETING DECEMBER 24, 1996 November 1, 1995 Honorable Mayor and Members of the Hermosa Beach City Council slaw P.neecotetc4tra ta7670o7acdx- s Regular Meeting of November 14, 1995 REQUEST FROM CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE PARKING AT ALL COMMERCIAL (SILVER POST) PARKING METERS FROM NOVEMBER 20, 1995 THROUGH DECEMBER 26, 1995. Recommendation: Approve request from the Chamber of Commerce and authorize the placement of cards in all commercial (silver post) parking meters indicating two hours free parking from November 20, 1995 through December 26, 1995. Background: Each year, during the holiday season, the commercial meters have been "bagged" and two hour free parking has been provided. As noted in their letter, the Chamber of Commerce will be providing two-sided, half-moon shaped cards to be inserted directly into the meters by city personnel, thus eliminating the need to replace bags that have been removed. The City has historically approved this request as a means of promoting shopping in the downtown area during the holiday season and the requested time frame (Thanksgiving weekend through Christmas) encompasses the peak shopping season. Respectfully submitted, Stephen R. Burrell City Manager diF HERMOSA BEACH CHAMBER COMMERCE November 1, 1995 Mayor John Bowler and Members of the City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Dear Mayor Bowler and Members The holiday season is approaching attract visitors and residents to the of the City Council: and the Chamber of Commerce is planning activities to help area to enjoy our unique shops and outstanding restaurants. To create goodwill, a worry -free shopping and entertainment atmosphere, we request permission to continue the eleven -year holiday tradition of providing two free hours of parking in the downtown business district. We are requesting two free hours holiday parking from Monday, November 20 through Tuesday, December 26. Many of our downtown merchants have expressed a desire to continue the two free hours of holiday parking, and we are happy to help facilitate their request. At the suggestion of the traffic enforcement unit officer, rather than covering the meters with plastic bags (which are often removed and need constant replacement), we can have two-sided half-moon shaped cards inserted directly into the meters by city personnel. The cards will read "Happy Holidays" 2 hours free parking courtesy of the City of Hermosa Beach, the Chamber of Commerce and downtown merchants", space permitting. Thank you in advance for your consideration of this request which we respectfully ask be placed on the November 14, 1995 City Council agenda for anticipated approval. Sincerely, eiAtE Carol K. Duff Executive Director cc: Steve Burrell Gary Wayland / Downtown Business Association ogml L 1007 Hermosa Avenue • Hermosa Beach, California 90254 • (310) 376-0951 • FAX (310) 798-2594 Honorable Mayor and Members of the Hermosa Beach City Council November 7, 1995 Regular meeting of November 14, 1995 West Basin Municipal Water District - Retrofit Funding Recommendation: It is recommended that City Council: 1. Approve the Retrofit Financing Agreement between the City of Hermosa Beach and the West Basin Municipal Water District.(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 reclaimed water 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 accept 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. At the City Council meeting of July 11, 1995, staff brought before the City Council a funding agreement negotiated with the WBMWD which would pay for the intended improvements. This financial assistance program implemented a surcharge equal to the difference in the price between potable and recycled water until the District had recovered it's costs. At current pricing it is estimated that it would take approximately 14 years to pay the initial $158,400 investment plus interest back. Staff was directed to renegotiate the financial assistance program to exclude any improvements to The Greenbelt in the effort to secure an agreement that would allow the City to benefit from the cost savings of reclaimed water as soon as possible. Analysis: City staff, in coordination with the WBMWD, has renegotiated a financial assistance program whereby the District would finance the construction of the retrofit improvements at Valley Park, Clark Stadium, City Hall and the Community Center to promote the use of recycled water. 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 their conservation garden program, has also made grant funds in the amount of $10,000 available for improvements on The Greenbelt. Fiscal Impact: The costs for these improvements will be borne solely by the WBMWD. The City can expect a .2583 per 100 cu. ft. (19%) savings on the basic water rate of 1.3843 per 100 cu. ft. by using reclaimed water. Respectfully submitted, Concur: C Joseph C. Mankawich Capital Improvement Program Engineer Noted For Fiscal Impact: Viki Copeland Director of Finance attachment JCM/retroft.doc • Amy Amira i Director of Public Works Dire or of Community Resources Stephen . rrell City Manager DRAFT RETROFIT FLNANCLNG 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. PURPOSE 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, rules and regulations for the sale and distribution of recycled water. CITY wishes to obtain such water for irrigation purposes 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 shall install 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 set forth in full. (b) Upon completion of the work, DISTRICT shall provide CITY with 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. (d) CITY shall provide DISTRICT and its contractors with free entry to the designated sites during the construction period. SECTION 3.r INDEMNIFICATION DISTRICT shall indemnify CITY for negligent acts or omissions committed by DISTRICT in performance of its obligations under this Agreement. Similarly, CITY shall Agreement W_ Page 1 of 2 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: APPROVED AS TO FORM: WEST BASIN WAYNE K. LEMIUEX, District Counsel MUNICIPAL WATER DISTRICT By: By: Richard W. Atwater, General Manager District Counsel APPROVED: APPROVED: By: By: Amy Amirani, Public Works Director City Attorney City of Hermosa Beach City of Hermosa Beach KH: ev F:\..\contract\retrotithermou Agreement W_ Page 2 of 2 EXHIBIT "A" Exhibit "A" Page 1 of 1 RETROFIT ESTIMATE ACRE-FEET/YEAR Hermosa Valley Park $7,792 19 Clark Stadium $16,840 17 Public Library/City Hall $10,000 Community Center $3,720 14 TOTAL $38,352 55 Exhibit "A" Page 1 of 1 Honorable Mayor and Members of the Hermosa Beach City Council cleft ola October 30, 1995 Regular Meeting of November 14, 1995 RESOLUTION AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDI-CAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION Recommendation: It is recommended that the City Council adopt Resolution 95- authorizing the Hermosa Beach Fire Department to participate in the State MediCal program as a provider of emergency ground transportation. Background: In October 1995, staff was informed by MediCal that our provider number had been de -activated. Unbeknownst to staff MediCal's computer system automatically de -activated the City's provider number because there had been zero activity or claims made in the last 18 months (the cut-off period for the computer). Consequently, any pending or new claims submitted by the City would be denied since the City was no longer a qualified provider. To re -activate its provider status, the City is required to complete a new application. Analysis: In lieu of the CHP license/certificate required of privately owned and operated emergency ground transportation services, authorization from the City Council as the responsible governing body for the City of Hermosa Beach is required for the Fire Department to participate in the MediCal program. Without such authorization, MediCal will not approve the application. For some indigent patients, MediCal is the sole source of any reimbursement for the City's emergency ground transportation services. De -activations in the future will be avoided by written request to MediCal when staff finds that 12 months have passed with no MediCal activity. Respectfully submitted, Terry Bin Acting Admin Aide Finance Administration cJmedicalcc.doc/11) Viki Copeland Finance Director Peter Bo . o Fire Chief Steve Bu City Manager ig RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDI-CAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION. The City Council of the City of Hermosa Beach, California does hereby find, order and resolve as follows: WHEREAS the MediCal computer system automatically de -activated the City of Hermosa Beach's provider number because no claims had been filed during the last eighteen (18) months thereby resulting in MediCal denial of all pending and future claims; and WHEREAS to re -activate its MediCal provider number the City of Hermosa Beach must make a new application requiring the City Council to authorize the participation of the Hermosa Beach Fire Department in the MediCal program as a provider of emergency ground transportation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach does hereby authorize the Hermosa Beach Fire Department to participate in the MediCal program as a provider of emergency ground transport. INTRODUCED, ADOPTED and APPROVED this day of November, 1995. Mayor of the City of Hermosa Beach ATTEST: City Clerk of the City of Hermosa Beach APPROVED AS TO FORM: City Attorney of the City of Hermosa Beach November 1, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 14, 1995 1 4% TAX FUND REMAINING FUND BALANCE As you will recall, the resolution that was adopted at your October 24, 1995 meeting set up the process to end the 4% portion of the UUT that was used to purchase the Greenbelt. The original measure approved by the voters anticipated that the 4% fund would have some remaining funds and state that these funds would be used for the acquisition and maintenance of open space lands for the benefit of the citizens of the City. It appears that the amount that will remain will be in the range of $890,000 to $1,100,000. The precise amount will be known once all of the utility companies make their payments after the effective date of the ordinance lowering the tax which will be December 14, 1995. The use of the funds is straight forward and certainly there are a number of improvements and maintenance needs in the parks and recreation facilities. The Parks, Recreation and Community Resources Commission will begin updating its priority list for review by the City Council at a later date. Recommendation: Receive and file report. Respectfully submitted, Stephen R. Burrell City Manager lh Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: itthx-tdez-, „i-16 ,e,.s 3 :Li oriCti rw I 34, ovember 7, 1995 Jr� Regular meeting of November 14, 1995 CLARK FIELD PARKING It is recommended that City Council: 1. Approve construction of a 4' high chain link fence along the northerly border of Clark Field. 2. Appropriate $6,925.00 from perspective expenditure to the public works department budget. Background: Since City Council's October 24, 1995 directive to open the asphalt area adjacent to Clark Field for parking several problems have been observed. Vehicles have been parking and/or driving on the lawn areas, causing damage to irrigation lines, sprinkler heads and backflow valves. A report to the Parks and Recreation Commission involved the following alternatives: 1. Prohibit parking in the area. 2. Extend the existing wall to the limit of the lawn area. 3. Install chain link fence along the field border to the limit of the lawn area. Analysis: Survey of the area in question reveals that 12 -8.5' x 18' perpendicularly parked stalls can be added but the resulting backup space will be 3' narrower than suggested standards. Tire stops should be installed to prevent vehicles from hitting the wall along the north side of the asphalt area. The Public Works Department has further analyzed the alternatives and has prepared the following preliminary cost analysis for the three alternatives: 1. Prohibit parking Work entails installation of a gate at the field entrance to allow limited access for maintenance vehicles. The cost of this alternative is approximately $2,000.00. li 2. Extend existing wall to the limit of the lawn area Work includes construction of 135' of 18" high wall, installation of a gate for maintenance access, tire stops and striping of the parking stalls. The cost of this alternative is approximately $11,275.00. 3. Install chain link fence to the limit of the lawn area. Work entails the installation of 135' of 4' high chain link fence, installation of a maintenance access gate, tire stops and striping of the parking stalls. The cost of this alternative is approximately $6,925.00. The Department of Public Works recommends that if parking is allowed in the Clark field area that some type of barrier be installed to prevent vehicles from entering the lawn areas. The installation of chain link fence is the most cost effective way to insure this. Fiscal Impact: The Fiscal Impact to the budget for the addition of 12 parking stalls at Clark Field is $6,925.00. Respectfully submitted, 661 Amy Anirani Director of Public Works Noted for Fiscal impact: Viki Copeland Director of Finance aa:clark.cc Concur: Steph n ' . Burrell City Manager November 6, 1995 Honorable Mayor and Members of the Hermosa Beach City Council 4f44*c o/d Regular Meeting of November 14, 1995 Request from Redondo Beach Chamber of Commerce and Mark Conte Productions Regarding 5th Annual Super Bowl Mile Run Recommendation It is recommended by staff that Council approve the attached request from the Redondo Beach Chamber of Commerce and Conte Productions to allow them: 1) to use Hermosa Avenue at Eighth Street for approximately 30 minutes on Sunday, January 28, 1996 for the start of a one mile elite race; and 2) to waive all special event fees, film permit and location fees, subject to the conditions listed below: • Certificate of Insurance in the amount of $2 million to be provided by event organizers naming the City as additional insured. • Event organizers to pay for an off duty police officer (2 hour minimum) while the event is held within City limits. • Affected area residents will be notified in writing by event organizers. Notification letter to be approved by Community Resources staff. • Event organizers shall provide City staff with a radio for communication purposes. • All event organizers vehicles will be identified with placards. • Starting gun shall be examined and operator briefed prior to race start by a Hermosa Beach Police Officer. • Commercial sponsors, banners and the like shall be approved by the City. • Identify Hermosa Beach in any and all televison credits. Background The attached request from the Redondo Beach Chamber of Commerce and Conte Productions asks that the City of Hermosa Beach approve the use of Hermosa Avenue from Eighth Street to Herondo for the start of the Elite Mile demonstration race. This 1 j portion of the race will be an exclusive invitational sprint race. Event organizers will invite twelve elite racers to compete in this exhibition prior to the start of the 10K race. Analysis This request was approved last year by Council with the same conditions as stated above. With the minimal impact this activity has on the City and the cooperation that these kinds of efforts foster between the cities (i.e. the bicycle portion of the Hermosa Beach Triathlon traverse Redondo Beach), staff recommends approval of the event. Fee Breakdown: Non -Profit Event ($1.10 per perticipant x 100) $ 110.00 (est.) Film Permit Fee $ 325.50 Daily Location Fee $ 759.25 TOTAL PROPOSED FEES TO BE WAIVED $1,194.75 Attachments: 1. Request from Redondo Beach Chamber of Commerce/Conte Productions 2. Map of Route Respectfully submitted: Concur: ney nity Resources Director Stephen R. City Manager • Redondo Beach Super Bowl Sunday 10K Run 1 51( Walk October 16, 1995 Ms. Mary Rooney , Community Resources Director City of Hermosa Beach Civic Center 710 Pier Avenue Hermosa Beach, CA 90254 RE: Redondo Beach Super Bowl Sunday Mile Dear Mary: • This is art official request from the Redondo Beach Chamber of Commerce and Conte Productions to gain approval for use of a portion of Hermosa Avenue in the City of Hermosa Beach to facilitate the start of our 5th Annual Super Bowl Mile which is the opening event of the upcoming Redondo Beach Super Bowl Sunday 5K/10K RunilOK Fun Ro11/5K Fun Walk. The event will take place on Sunday, January 28, 1996. As with last year's event, the "Mile" will be an exclusive invitational one mile sprint race. We will invite twelve elite athletes, both men and women, to compete in this prestigious race. The Mile races will take less than two minutes from the start on Hermosa Avenue _at Eighth Street to the boarder of Redondo Beach. The straight away format provides a world class course which finishes in a southerly direction under the 10K RUN START BANNER on Harbor Drive at the corner of Beryl Street in. Redondo Beach. Again last year, in the men's event, a blazing sub -4 minute time was set on this exceptionally fast race course. In order to "conduct the event as before, we will need the assistance from the City of Hermosa Beach by allowing the event to start in Hermosa Beach at 8th Street. We would utilize the west side of the median only for approximately 30 minutes beginning at 7:00 a.m. and opening the street to traffic at 7:30 a.m.. The men's race will start at 7:15 a.m. with the women starting 5 minutes later, each race takes approximately 5 minutes to complete. Redondo Beach Chamber of Commerce 200 North Pacific Coast l -My., Redondo Beach, CA 90277 Phone: 310/376-6911 Fax: 3/0/374-7373 CONTE Productions 212 Yacht Club Way, Suite A-12, Redondo Beach, CA 90277 Phone: 310/798-2488 Fax: 310/798-2577 Redondo Beach Super Bowl Sunday 10K Ras & 5K Walk Redondo Beach Chamber of Commerce Super Bowl Mile 1996 . _ " j Page 2 r. 7` The Redondo Beach Police will close Harbor Drive at Herondo at 6:30 a.m. and the east bound lanes of Herondo will be closed for the 10K Run at 7:00 a.m.. All streets in Hermosa Beach will be re -opened immediately following the Mile event. The City of Hermosa Beach will be included as additionally insured on our Super Bowl Sunday Race policy. We will secure all arteries leading into the affected area on Hermosa Avenue with traffic cones. Hermosa Beach Police assistance at 8th Street to manage traffic at the start of the mile would be appreciated. We will provide personnel to manage all the logistics of the run and will plan the event in coordination with City staff and policies as deemed appropriate. We would like to start the race with a starting gun again this year and will certainly notify residents and businesses in the affected area by letter 10 days before the event. As before, we will invite an appointed representative of the Hermosa Beach Police Department to participate in planning meetings for the event. On behalf of the Redondo Beach Chamber of Commerce we request that the City of Hermosa Beach waive the fees associated with the running and filming of the event. Included is a map which details the street closure. Should you have any questions I will be available at your convenience to discuss the matter. We appreciate your continued support and assistance in this endeavor. Race Director Enclosures cc . Marna Smeltzer, Executive Director Redondo Beach Chamber of Commerce 200 North Pacific Coast Hwy., Redondo Beach, CA 90277 Phone: 310/376-6911 Fax: 310/374-7373 CONTE Productions 212 Yacht Club Way, Suite A-12, Redondo Beach, CA 90277 Phone: 310/798-2488 Fax: 310/798-2577 8 St. yfK�c M .►t Shp ,-f t- — 8df- 7sf- X 7 Ct. X 1 6 c4. x S 51'.. x 5 c+. K L/+, x '` x I,/ cr. S.'. • x 3 c t . X 2 sf. x X Ma.-,., A Way X N PC) r--1-6) co :\ (Oa � A„04.1.KCGf3 Sland 6 n 0 a, Sf, 6 St. REDONDO BEACH SUPER BOWL MILE Men Start Women Start 7:15 a.m. 7:20 a.m. Personnel: All personnel must be transported to the Mile Start Line at 6:45 a.m. Split Timers: Transported to 1/2 mile location at 7:00 a.m. Operations: Hermosa Ave. closed. and secured at 7:00 a.m. Harbor Drive must be coned immediately following closure of the street. Harbor Drive will be closed to vehicle traffic at approximately 6:30 a.m. All cones must be removed following the last runner in the Women's race for the 10K Run Starts. H ere) nci0 51, (,9o,H) r Yacht C'1µ b Ocy '/CC 1 Mefa I reAc e Beryl SI-. Mi/e Finish Honorable Mayor and Members of November 2, 1995 Regular Meeting of the Hermosa Beach City Council November 14, 1995 RECOMMENDATION TO DENY CLAIMS Recommendation: It is recommended that City Council deny the following claims and refer to the City's Liability Claims Administrator. 1. Claimant : Vanessa Garrett Date of Loss: 08/07/95 Date Filed : 10/16/95 Allegation : Alleges unsafe condition on sidewalk, corner Manhattan & Pier Avenue, (broken utility box cover) caused claimant to trip and fall. 1. Claimant : Thomas & Laurie Brodie Date of Loss: 01/02/95 Date Filed : 10/10/95 Allegation : Actions of City caused flood water to be directed onto claimant's real property causing damage. A copy of the claim is available in the Office of the City Clerk for review. Respectfully Submitted, Robert A. Blackwood Risk Manager cc: Bill Fuentes, Colen & Lee mw/deny ur: Stephen R. Burrell City Manager lk THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. claimfrm.c BEACH � ��`('o� CITY OF HERMOSA I.U. v. y 4 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 3/03- DEPT. NO. -"—_____7_, , ` , Ri `'�, ` i ,� ff.. j �� d d• , 1 „f .- _ U. OCT 1 6 �� s� .= C!TYCLEr-., CITYOFHFR.,•,c-SFE.;;, � • 6 , ,; � . \ Cb / INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months alto: 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. 1 , 1 Name of Claimant Vanessa Garrett Date Of Birth Of Claimant 12/6/62 Home Address Of Claimant 12203 S. Wall Street, Los Angeles CA 90061 Occupation of Claimant Credit Manager Business Address of Claimant 111 Pier Ave., #104 Hermosa Beach, CA 90254 Home Telephone Number (213) 756-2749 Give address and telephone number to which you desire notices or communications to be sent regarding this claim. Law Offices of Lawrence R. Young & Associates, P,C. Business Telephone Number (310)376-0066 500 S. Sepulveda Blvd., Suite 204 Manhattan Beach, CA_96765 Claimant's Social Security No. 414-77-5491 Date of Damage/Loss/Injury 8/7/95 Time A.M. 8:00 P.M. Place of DamageiLoss/Injury Corner of Manhattan & Pier Ave., Hermosa Beach How did damage/loss/injury occur? (Be specific) When walking from car to office stepped on broker, utility box cover and heal of shoe wnet into broken box and caused me to trip and fall. Were Police at scene? Yes ■ No Report No. Were Paramedics at scene? Yes • No What particular act or omission do you claim caused the damage/loss/injury. fail in a safe and hazard free condition. This hazard has since - • si- ' • - ' • • - ' r - _ _ been repaired Name of City employee(s) causing the damage/loss/injury: Street Maintenance Department THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. claimfrm.c c The amount claimed, as of the date of presentation of this claim, is computed as follows: (please attach estimates/receipts) Damages incurred to date (exact): 2,000.00 Estimated expenses for medical and hospital care Expenses for medical Future expenses for medical and $ 0 hospital care and hospital care Loss of earnings $ 0 Special damages for $ 2,000.00 General damages $ 9,000 _ 00 Total damages incurred to date $ 7,000.00 $ 3,500.00 Future loss of earnings $ 0 Other prospective special damages $ N/A Prospective general damages $ 5,nnn on Total estimate prospective damages $_ 8,500.00 WITNESSES to DAMAGE or INJURY: LIST ALL PERSONS and addresses of persons known to have information: Name Address Phone Name Name Address Address Phone Phone DOCTORS and HOSPITALS: Hospital Doctor Doctor Address Address Address Date Hospitalized Date of Treatment Date of Treatment READ CAREFULLY For all accident claims place on following diagram names when you first saw City vehicle; location of City vehicle of streets, including North, East, South, and West; indicate at time of accident by A-1' and location of yourself or place of accident by X' and showing house number or your vehicle at the time of the accident by13-1'and the distances to street corners. If City vehicle was involved, point of impact by "X". designate by letter A' location of City vehicle when you NOTE: If diagrams below do not fit the situation, first saw it, and by 'B' location of yourself or your vehicle attach hereto a proper diagram signed by claimant. LCf�li�y aX Ls.1 9 )� -I. w SIDEWALK Ave PARKWAY SIDEWALK CURB—V Signature of claimant or person filing on his behalf Typed Name: Date: giving relationship to Clairpant: ti ? ----- - NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 91 Sa). Presentation of a false claim is a felony (Pen. Code Sec. 72) rlfrmnn9 i O61T 3 v. LAW OFFICES OF FRANK M. POTURICA 21250 HAWTHORNE BOULEVARD SUITE 535 TORRANCE. CALIFORNIA 90503-5502 TELEPHONE (310) 540-4400 FAX (310) 540-9500 VIA CERTIFIED MAIL Mr. Robert Blackwood City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 v � A 190 4' October 5, 1995 BRODIE.002 RE: Government Claim YOU ARE HEREBY NOTIFIED that Thomas and Laurie Brodie makes their claim against the City of Hermosa Beach pursuant to Government Code §§ 910, et sec. 1. The name and Post Office Address of Claimant: Thomas and Laurie Brodie 1712 The Strand Hermosa Beach, CA 90254 2. The Post Office Address to which the person presenting the claim desires notice to be sent: Frank M. Poturica Law Offices of Frank M. Poturica 21250 Hawthorne Blvd., Ste. 535 Torrance, CA 90503 3. Date of Occurrence: January 2, 1995 Place of Occurrence: 1712 The Strand Hermosa Beach, CA 90254 Mr. Robert Blackwood City of Hermosa Beach Government Claim October 4, 1995 Page 2 Circumstances Giving Rise to the Claim: Nuisance, trespass, negligence, willful misconduct, misrepresentation, diversion of surface water, dangerous condition of public property, failure to maintain roads, drains, water channels, and other public facilities, breach of mandatory duty, breach of contract, breach of fiduciary duty, inverse condemnation, and injunctive relief relating to the directing of waters onto Claimants' real property, unreasonable conduct in allowing waters to drain onto Claimants' real property, failure to maintain and or upgrade public facilities, the allowing of construction with actual or constructive knowledge that such construction would cause the drainage of waters onto Claimants' real property, the negligent or wrongful issuance of a permit allowing the drainage of water onto claimants' property, and other circumstances according to proof. 4. A General Description of the Indebtedness, Obligation, injury or damage so far as it may be known at the time of presentation of the claim: Water damage to Claimants' real Property, diminution in value, cost of repairs of said Property, cost to upgrade said property to prevent flooding, an injunction preventing Lhe usage of said property for drainage, and other damages. 5. The Name or Names of the Public Employees causing the damage, injury or loss: Unknown at this time. 6. The amount claimed as of the date of the presentation of the claim, including the amount of any prospective injury, damage or loss as far as is known at the time of the presentation of claim: In excess of $10,000 and within the jurisdiction of the Superior Court. t Mr. Robert Blackwood City of Hermosa Beach Government Claim October 4, 1995 Page 3 PRESENTATION OF THIS CLAIM DOES NOT CONSTITUTE AN ADMISSION THAT SUCH CLAIM IS NECESSARY. Law Offices of Frank M. Poturic By: K FRANK -M. POTURICA Attorneys for Thomas Laurie Brodie and 6.4.0,0-e. 4- ,6-/a PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF OCTOBER 18, 1995 Roll Call Present: Commissioners Abrams, Aronoff, Koppel, Mitchell, Peirce Staff: Flaherty, Rooney Approval of Minutes - September 20, 1995 Motion: "To approve as submitted." Peirce/Koppel All Ayes 'Matters for Commission Consideration Master Plan Study for Clark Field Motion: "To appoint Commissioners Koppel and Aronoff to a subcommittee to work with staff to develop a proposed park master plan for Clark field." Peirce/Mitchell All Ayes Election of Officers Motion: "To elect Commissioner Mitchell to serve as Chairperson and Commission Peirce as Vice -Chairperson for a period of one year." Koppel/Aronoff All Ayes Staff Notes: • Annual Commission Parks Tour scheduled for Sunday, November 12, 1995 at 9:00 a.m. Please meet at 2nd Street Cafe. Staff to bring Fy 94-95 parks tour information. • Commissioner Abrams will serve as Community Center Foundation Liaison. Motion to Adjourn: Koppel/Peirce All Ayes Adjourned: 8:30 p.m. 11 November 7, 1995 Honorable Mayor and Members of the Hermosa Beach City Council flp02A-tro-C__c� Regular Meeting of November 14, 1995 BEACH FX - INTERNET PROPOSAL Recommendation: Approve participation in beach FX and direct the City Manager to forward information for inclusion on the Internet. Background: A proposal is attached from Kevin Lucier of beach FX Interactive. He has set up a page that will provide information about city governments, local businesses, special events, Chamber of Commerce, etc. that will be available on the World Wide Web. They would like to include information on city government and are offering to do so at no cost. The City staff would develop the information, provide it on disk and update it from time to time. Beach FX will also provide business information such as menus of restaurants that advertise on the page. Generally, the page will be supported by advertising revenues. The City could, at a later date, set up our own page if we wish. I do not think we are ready to do this now. The information that we provide to beach FX would be available to any other online service interested. Respectfully submitted, Stephen R. Burrell City Manager 1m .40t, ist4 Uttitmestot Stephen R. Burrell, City Manager City of Hermosa Beach Civic Center, 1315 Valley Drive Hermosa Beach, CA 90254-3885 October 23, 1995 Re: City of Hermosa Beach -Internet Proposal Dear Stephen: It was a pleasure meeting with you last week. As requested, I am forwarding an outline of the proposed on-line computer services which I am offering to the City of Hermosa Beach. Beach FX interactive is creating a community oriented World Wide Web Internet site, which focusses on community activities, businesses, and governments of the beach cities. Our approach is unique and unlike that of anyone else on the Internet, in that we are developing content which is directly of interest to the local beach city residents. Our site has been called an "Electronic Town Square," providing residents with a tremendously simple yet informative way of getting on-line and finding out what is happening in their own backyard. To that end, beach FX is offering free space on our site to local governments, chambers of commerce, and other non-profit organizations in order to make the site complete in its content. In turn, the organizations involved will be required to compile and maintain their own information and/or home page. Said information must be given to beach FX in an electronic format, either on floppy disk or downloaded electronically, and beach FX will do the rest to put the information on-line. Any reprogramming or corrections to the organization's information that must be completed by beach FX will be billed at our standard hourly rate. Of course, the organization can complete its own reprogramming and/or changes. Beach FX feels that this is a win-win situation for both ourselves and the community and are very excited to get the city of Hermosa Beach on-line. Consequently, please call me at your earliest convenience so that we can make the necessary arrangements to get the City of Hermosa Beach on the Internet. Kevin F. Lucier, President beach FX Interactive. R.11 is i AO* WI/AM aBRCA, '9,0t4 We t t Ftso 114 -324 -PM erttait tmoinegat.otoN Honorable Mayor and Members of the Hermosa Beach City Council November 7, 1995 Regular Meeting of November 14, 1995 A RESOLUTION APPROVING THE EXECUTION OF STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO. 001 AND 002. Recommendation: It is recommended that City Council: Approve and adopt Resolution No. 95 , a Resolution of the City Council of the City of Hermosa Beach. Background: On October 20, 1993, the grant application for the State Local Transportation Partnership Program (SLTPP) was approved by the Local Streets and Road Branch of Caltrans for the Monterey Boulevard and Hermosa Avenue pavement rehabilitation. This fund provides for a percentage of the total construction cost. Analysis: The purpose of this resolution is to secure reimbursement of these funds from the State for the construction cost of Monterey Blvd. and Hermosa Ave. pavement rehabilitation. This is a necessary step in the process of obtaining this fund for the above projects. Alternatives: Do nothing, there by allowing available funds to lapse to the State, causing an increased General Fund obligation. Respectfully submitted, Homayidiun Behboodi Capital Improvement Program Engineer Concur: %vvt v� aAiukatAt, Amy Amir ni Director Public Works Stephen City Mana Burrell er ccsltpp.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE EXECUTION OF STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO 001 AND 002 WHEREAS, the City Council of the City of Hermosa Beach approves participation of the City of Hermosa Beach in the State -Local Partnership Program, pursuant to Streets and Highways Code Sections 2600 et seq. (the "Program"); and WHEREAS, the Program is carried out by the State of California Department of Transportation Office of Local Programs through State -Local Entity Master Agreement No. SLTPP-CYCLE 5-5155 (the "Master Agreement") and program Supplement No 001 and 002 (the "Supplement Agreement"); NOW, THEREFORE, the City Council of the City of Hermosa Beach hereby resolves as follows: SECTION 1. The Master Agreement and Supplement Agreement are hereby approved. SECTION 2. The City Manager is authorized to execute the Master Agreement and Supplement Agreement. PASSED, APPROVED and ADOPTED this 14th day of November, 1995. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach , California ATTEST: APPROVED AS TO FORM City Clerk City Attorney masareso.do October 26, 1995 City Council Meeting November 14, 1995 Mayor and Members of the City Council ORDINANCE NO. 95-1137 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX." Submitted for adoption is Ordinance No. 95-1137, relating to the above subject. At the meeting of October 24, 1995, this ordinance was presented to Council for consideration and was introduced by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT: None _ ABSTAIN: None Noted: Stephen R. ell, City Manager ORDINANCE NO. 95-1137 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. A. Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-837, 87-896, 88- 919, and 88-967, added Article VI to Chapter 30 of the City's Municipal Code, which Article VI relates to a utility users tax. Pursuant to Article VI, the City imposed a tax upon persons in the City using intrastate, interstate, or international telephone communication services, electrical energy, gas energy, water (which is delivered through mains or pipes) and cable television service. Article VI provides that the rate of tax is ten percent of the charges made for the above-described utilities. B. Six percent of the utility users tax imposed by Article VI is a general tax, the proceeds of which are placed in the City's general fund and used for general governmental purposes. Four percent of the utility users tax is a special tax, the proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and financing by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way. C. Pursuant to Section 30-65 of Article VI, the four percent special tax will terminate upon a finding by the City Council that the special tax is no longer necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way. On October -1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24, 1995, the City Council adopted its Resolution No. 95-5776, making a finding that the four percent special tax will no longer be necessary for its adopted purpose. SECTION 2. The purpose of this Ordinance is to eliminate the four percent portion of the utility users tax imposed by Article VI which is a special tax. SECTION 3. Paragraph (a) of Section 30-46 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-46. Telephone tax. (a) 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 six (6) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 4. Paragraph (a) of Section 30-47 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-47. Electricity tax. (a) There is hereby imposed a tax upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges", as used in this section shall include charges made for (1) metered energy, and (2) minimum charges for such services, including customer charges, service charges, demand charges, standby charges, and annual and monthly charges, fuel, cost adjustments, etc." SECTION 5. Paragraph (a) of Section 30-48 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Sec. 30-48. Gas tax. (a) There is hereby imposed a tax upon every person in the city using gas energy. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such gas energy and shall be paid by the persons paying for such gas. "Charges", as used in this section, shall include: (1) gas which is delivered through mains or pipes, (2) minimum charges for such services, including customer charges, service charges and annual and monthly charges." SECTION 6.. Paragraph (a) of Section 30-49 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-49. Water tax. (a) There is hereby imposed a tax upon every person using, in the city, water which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of six (6) percent of the charges made for such water and shall be paid by the person paying for such water. "Charges", as used in this section, shall include charges made for (1) metered water, (2) minimum charges for services, including customer charges, ready to serve charges, standby charges, and annual and monthly charges." SECTION 7. Paragraph (a) of Section 30-50 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-50. Cable television tax. (a) There is hereby imposed a tax upon every person in the city using cable television service. The tax imposed by this section shall be the rate of six (6) percent of the charges made for such service and shall be paid by the person paying for such service." /// /// -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 8. Section 30-62 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-62. Fund and purpose. All of the proceeds of the taxes levied under this article shall be placed in the general fund of the city and shall be utilized for general governmental purposes." SECTION 9. Section 30-64 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby repealed in its entirety. SECTION 10. Section 30-65 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby repealed in its entirety. SECTION 11. The tax imposed under Article VI of Chapter 30 of the Hermosa Beach Municipal Code shall first be collected at the rate of six (6) percent of the charges made for the services described herein on the tax bill applicable to the first regular billing period commencing on or after December 15, 1995. Until such time, the tax imposed under Article VI of Chapter 30 shall continue to be collected at the rate of ten (10) percent of the charges made for the services described herein. 19 20 SECTION 12. All proceeds of the four (4) percent portion of the utility users tax 21 (which four percent portion represents a special tax levied pursuant to the City's Ordinance No. 88- 22 919 and which special tax is terminated pursuant to this Ordinance) which remain in the special 23 fund established pursuant to Ordinance No. 88-919 after the date of adoption of this Ordinance, or 24 are later placed in such special fund, shall be used for the acquisition and maintenance of open 25 space lands for the benefit of the citizens of Hermosa Beach. 26 27 SECTION 13. The method of collection of the tax imposed pursuant to Chapter 30 of 28 the Hermosa Beach Municipal Code shall remain the same as provided for under said Chapter 30. -4- SECTION 14. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa each, in the manner provided by law. SECTION 15. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 14th day of November, 1995, by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney -5- kilt 6/o October 26, 1995 City Council Meeting November 14, 1995 Mayor and Members .of the City Council ORDINANCE NO. 95-1138 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL." Submitted for adoption is Ordinance No. 95-1138, relating to the above subject. At the meeting of October 24, 1995, this ordinance was presented to Council for consideration and was introduced by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSENT: None ABSTAIN: None / Elaine Doerfling,�City Noted: Stephen R. B`ti ,¢11, City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 95-1138 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELA'11\G TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL The City Council of the City of Hermosa Beach does ordain as follows: Section 1. That Section 4-6.1 Subsection 2 of the Hermosa Beach Municipal Code, is hereby amended to read as follows: "(2) No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainant's property line which are audible for more than five (5) minutes in any hour." Section 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. Section 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. /// -1- < ....It - PASSED, APPROVED and ADOPTED this 14th day of November, 1995 by the following vote: AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES: None ABSTAIN: None ABSENT: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY -2- • PS& 3/2 (sr -4P8 ,U!) November 7, 1995 Honorable Mayor and Members of Regular meeting of the Hermosa Beach City Council November 14, 1995 • Status Report 30th and 31st street fences along walk street Encroachment area Recommendation: It is recommended that City Council: 1. Direct staff to proceed with a text amendment to the Municipal Code to simplify the language of the encroachment permit code. a) Increase the height limit to 42" to comply with the UBC . b) Add language to require encroachment permits for new, remodel buildings or any new or reconstruction of fences or walls. c) Add language regarding an appeal process. 2) Direct staff to work on the amortization and the insurance program and return to City Council with the results. Background: The current encroachment section of the municipal code requires any property owner that encroaches in to the public right-of-way to obtain an encroachment permit. An encroachment permit requires submittal of an application and a plot plan, a residential permit agreement, and a $500,000 insurance policy which holds the City harmless. The existing encroacment permit process is as follows: An application is filed with the Department of Public Works to determine if an encroachment permit should be granted. A check for an amount of $309.25 is collected to cover the cost of the permit processing. An inspection is then performed to make sure that the area in question is in fact public right-of-way and that all construction is accordance with the municipal code. The applicant is required at this time to obtain a $500,000 insurance policy for the encroachment area. The applicant is informed of the results and a check is obtained for an amount to cover recordation of the agreement. The agreement is sent to the recorder's office. The process is long, time consuming and difficult to administer. When dealing with the applicants, there are two problems that always arise. 1) The insurance companies refuse to add the City as the additional insured. The insurance will need to be updated every year. 2) The majority of the applicants question why prior construction of higher walls or fences were allowed with or without city approval. Analysis: The current encroachment code gives permission to some residents for permanent private use of the public right-of-way. There are approximately 6000 homes requiring encroachment permits. To date the Public Works Department has filed 100 encroachment permits. The Public Works Department is in the process of conducting a survey to identify properties requiring an encroachment permit. The survey will determine the magnitude of the problem. An approach to handle the situation then could be analyzed at that time. The survey will be completed in February, 1995. Currently, there is no staff person assigned to this task. Staff recommends simplifying the system to administer the permits more efficiently: Staff is also recommending that a consistent unified code or set of regulations be established that will govern the use of public right-of-ways throughout the City. The private use of public right-of-ways should be considered a generous concession by the City, not the right of the encroaching residents. Only when a consistent, fair and straight forward permit process is established will the Public Works Department be able to properly administer this regulation. The following issues were raised at the previous City Council meeting: 1. Height Limit The current height limit on public right of way is 3'. The Current height limit in private property within the front yard setback is also 3'. Any change in the height in the public property will require City Council approval. Any change in the height of the fence within the front yard setback will require a variance from the Planning Commission. The Public Works Department has recommended one height increase in the City on Gould Avenue. This increase was processed the same way as the variance and findings were met and recommended. In the case that retaining walls are needed in public right -of way, a maximum height of a 42" fence is required for safety purposes ( per the UBC code). Options: The following options were presented at the City Council meeting of October 24, 1995. Alternative A - Allow increase in the height of the fence to 42" on top of the retaining wall Alternative B - Allow increase of the height of the fence to 5'0", providing a 50% open fence. One additional option is to increase the height of the fence in the public or private property to 42". Recommendation- Staff is recommending to increase the height of the fence to 42" to comply with the UBC . 2. Fee At the last City Council meeting an increase of the permit fee to $500 was presented for encroachment permits on 30th and 31st streets. Staff is recommending that encroachment fee be the same for the entire City. Recommendation- Staff is not recommending fee increases for part of the City, as it would be hard to monitor and it would difficult to justify. 3. Enforcement Currently an encroachment permit is required for any new construction or any remodel or when a new fence is build. An issue was raised whether to bring all encroachment into compliance with the current code. Public Works is in the process of conducting an encroachment survey. The impact of enforcing current code on all properties is not known at this time. After completion of the survey staff will return with the analysis of the impact of the enforcement. Recommendation - a. Retain the current policy which requires an encroachment permit for any new, remodel or any new or reconstruction of fences or walls. b. Add language regarding an appeal process. The City currently has no formal appeal process. Any decision made by Public Works Department could be appealed to the City Council by a simple phone call to the City Manager or a letter to the City. A more formal process is required to have consistency with the current variance process on private property. 4. Amortization If it was decided to bring all encroachments into compliance with the current code, the recommended amortization is seven years. As mentioned earlier, our current staffing forces does not allow us to commence a project of this magnitude. After the completion of the survey in February, depending of the magnitude of the project, several options can be analyzed; one to hire additional staff to accommodate the need , and the other is to hire a consultant. The cost of these options have not been determined at this time. The City of Manhattan Beach commenced a similar program two years ago to bring all encroachments into compliance. After 1- 1/2 year of struggle to get any compliance, their program ended six months ago. Recommendation- It is recommended to retain the current policy until new survey is conducted. 5. Insurance The current requirement for obtaining an encroachment permit is for any residential property to acquire a $500,000 insurance policy for the encroachment area. This insurance needs to be updated every year. To have a regulation and require insurance from property owner and not enforce the regulation is more difficult to defend than not having the insurance. Staff requires more time to research this item and will return at the completion of the survey with the results. Respectfully submitted, Am Ar 'irani Y Director of Public Works aa:enc3031.cc Concur: Stephen R. ell City Manager To . oda4 -fr444-t_ ebsf-t 0044 (44411e November 7, 1995 Honorable Mayor and Members of Regular meeting of the Hermosa Beach City Council November 14, 1995 Status Report Traffic Signal at Aviation Boulevard and Ocean Drive Recommendation: It is recommended that City Council: 1. Receive and File. Background: With the construction of the traffic signal at the intersection of Ocean Drive and Aviation Boulevard, parking was reduced on the south side of the Aviation Boulevard and added on the opposite side. The City Council directed staff to study moving the left turn pocket North in order to add the parking back on the south side in front of Mr. Givens property. Analysis: • The total cost for moving the left turn pocket to the north side is approximately $7,500.00. The work will entail sandblasting the existing striping, repainting new striping, redoing the loop detectors and moving the signal heads to the right position. This work does not include slurry to insure proper striping. The cost of the slurry of the intersection is approximately $10,000. The resulting overall impact to parking will remain the same.( loss of 4 parking spaces). Staff is recommending that the existing striping remain as it has been placed. One option which allows additional parking for Mr. Givens is to remove existing curb and extend the existing driveway at Mr. Givens parking lot. This will allow parking on the drive approach similar to the residential driveway permits. This option will add three exclusive parking spaces for Mr. Givens. Respectfully submitted, Concur: Amy rani Stephen R Director of Public Works aa:aviasig.cc City Manager 5 Peo v/D 5 0,e/ VEW.4 Y October 4, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of October 10, 1995 TRAFFIC SIGNAL AT AVIATION BLVD. AND OCEAN AVENUE: REQUEST BY BUSINESS OPERATORS TO REMOVE LEFT TURN POCKETS Purpose: To provide information for the City Council to review concerning the request of the business operators. Background: The installation of the signal generally has been well received by the businesses in the area. I believe that many residents that are on either side of Aviation also find it easier to leave their neighborhoods. The problem developed when the red curbs were installed in order to accommodate the left turn lanes for east and west bound traffic turning on to Ocean Avenue. The red curbs eliminated parking in front of businesses located on a portion of the south side of Aviation Boulevard. The businesses located east of Ocean Avenue on the south side lost four spaces. These businesses have only limited off-street parking in two small lots. There were also two spaces removed west of Ocean Avenue. This building has several businesses and an off-street parking lot. The businesses have stated that the loss of this on -street parking has had a negative impact on customers coming to their stores. I have attached a copy of a letter that has been provided to business operators in the area. The letter includes reports from traffic engineering and a drawing showing the impacted area and the number of spaces added to offset the loss of parking in the areas necessary to accommodate the left turn lanes. It is clear that if the left turn lanes remain, then the parking could not be restored where it existed before. If the City Council wishes to grant the request and remove the left turn lanes, it can do so. The City has a certain amount of immunity from liability when it makes a legislative determination on an issue like this. It is important to review the material that is attached and then make a decision on the request. Recommendation: Review the request from Aviation Boulevard businesses and make a determination on whether or not the left turn lanes should be modified or removed. Resp 4yly submitted, . Stephen urrell City Manager SUPPLEMENTAL INF.QRMATION. City of2-lermosa 1r3. each .n: September 27, 1995 Mr. Eddie Talbot E.T. Surfboards 916 Aviation Boulevard Hermosa Beach, California 90254 Dear Eddie: Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 I have attached some information concerning the left turn pockets and the resulting loss of on - street parking. I believe that it is a good idea to present all of the options to you and all the other property owners and business operators prior to making any additional changes. It appears that the present red curbing now results in no loss of parking. Certainly, the replacement parking spaces are not as useable for some of the businesses. Probably, the most difficult spot is the southeast corner of Aviation and Ocean (Mr. Given's building). It is not possible to add any more on -street parking near the intersection with the left turn pockets. A letter is attached concerning left turn pockets by the traffic engineer that designed the signal. Also attached is a memo from Ed Ruzak & Associates, the City's Traffic Engineer. He is responding to several questions that we raised about the left turn lanes. I believe that this information will be helpful to you and the other business and property owners in the area as to why the lanes were included. I would be happy to meet with you so that we can go over the information and perhaps craft a proposal that will be somewhat workable for the businesses in the area. Sincerely, Stephen R. Burrell City Manager SRB:reb cc: City Council Amy Amirani, Public Works Director W A Q STOP 09/12/95 LJ'? : 19 WESTON FR I NGLE AND ASSOC I RTES 002 WPA Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING September 12, 1995 Ms. Amy Ainirani Director of Public Works City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254-3885 SUBJECT: AVIATION BOULEVARD AND OCEAN DRIVE, CHANNELIZATION Dear Ms. Amirani: Our firm prepared the plans for the installation of a traffic signal and related striping at the intersection of Aviation Boulevard and Ocean Drive. While our initial plan did not include left turn channelization on Aviation Boulevard, this feature was added at the request of the City. We agree with the City's decision to provide left turn channelization with the signalization to increase the safety of the street. The left turn channelization provides a refuge arca for left turning vehicles. This reduces the potential for rear -end type collisions. In addition, it provides for increased capacity and smoother traffic flow by reducing the potential for lane blockage. The installation of the signal provides an opportunity for drivers to turn left during the signal change or yellow interval. As a result, there tends to be an increase in left turns. This further supports the desirability of left turn channelization. With few exceptions, left turn channelization is normally installed as a part of signalization. While some on -street parking may be lost, the safety benefits arc felt. t� offset this loss. • 09/12-'95 09:20 WESTON PRINGLE AND ASSOCIATES 003 We trust that these comments will be of assistance. If you have any questions, please contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC. Weston S. Pringle, P.E. Registered Professional Engineer State of California Numbers C16828 & 'I'R565 WSP:ca #921632 7. = i i 1: Pr• H c.i�i:IATE iC 't.+ '► AD\ 714 ?0:".4 :':i,•,,••a 09— The signal installation included a restriping of Aviation Blvd to provide separate left turn lanes for eastbound and westbound directions. The left turn pockets are needed in order to avoid a dangerous condition that would exist at the signal without them. Westbound traffic on Aviation is high speed and comes around a curve that has limited sight distance. Further, the westbound direction is downhill. Any driver stopped in the through lane while trying to make a left turn runs the risk of being rear ended. Likewise a driver westbound may have to take evasive action to avoid the stopped left turner resulting in a loss of control type accident. The eastbound left turner stopped in the through lane runs the serious rear end risk of being struck by eastbound vehicles that are accelerating up the hill from PCH. The driver on the uphill curve also has limited sight of stopped vehicles in the through lane. Vehicles making turns out of Aubrey Court, the shopping Center or motel driveways that wish to _go east must accelerate into traffic while watching out for westbound and eastbound through traffic. They do not need to have another fixed obstacle, i.e. a stopped vehicle in the through lane to impede their progress or to create a safety hazard for them. Removing the left turn lanes and prohibiting .the left turns in both directions is not feasible and would contribute to safety problems on adjacent streets. The eastbound left turning drivers would then have to turn at Bonnie Brae and Aviation. This would be a horrible situation in that drivers accelerating up the hill would not expect a stopped vehicle just after a traffic signal. With a prohibited eastbound left turn, drivers would have to turn left at Aubrey court to enter Montgomery Street. They couldn't do so at Ocean. This is an existing problem accident location that is entirely too close to the shopping center driveway and PCH. Congestion would occur and safety would be jeopardized. Without the left turn lanes and with the turn prohibitons traffic would have to use other residential streets and travel longer distances along these streets to reach their destination. This is exactly what the citizens of Hermosa Beach do not want. They have repeatedly through questionnaires and public hearings told us they do not want one way streets and restricted turns to control their access. 1 .0,08 Hoiv" , • '• -• •:* a .30 1.334"4 f1- • sA ) • i " "1.'1/ ) "4/ '04 1'100114 p, t at. Option One - Remove Left Turn Pockets A. Allow Left Turn The left turn channelization provides a refuge area for left turning vehicles. This reduces the potential for rear -end type collisions. Removal of the left turn pockets will greatly diminish the safety factors of this particular intersection since westbound traffic on Aviation is high speed and comes around a curve that has limited sight distance. B. Prohibit Left Turn This option is not feasible and would contribute to safety problems on adjacent streets. This option would create a traffic problem on addict residential streets. C. Prohibit Left Turn at Peak Periods This option is not feasible. The eastbound left turning drivers would have to turn at Bonnie Brae and Aviation. Bonnie Brae intersection is too close to the subject signal and drivers accelerating up the hill would not expect a stopped vehicle just after a traffic signal. Option Two - Leave Left Turn Pockets The left turn channelization provides for safety and reduces potential rear -end accidents. The installation of the pockets provides an opportunity for drivers to turn left during the signal change or yellow intervals. This is most common when installing new signals. With few exceptions, left turn channelization is normally installed as part of signalization. While some street parking may be lost, the safety benefits are felt to offset this loss. Option Three - Work on providing additional parking The Public Works department has worked with the businesses to provide as much on street parking as possible and will continue to do so in the future. Some of their efforts include: New parking spaces created: 1. Remove existing red curb and created 2 parking spaces eastbound Aviation east of Bonnie Brae. 2. Removed existing red curb to create two additional parking spaces eastbound Aviation just east of Ocean Drive. 3. Remove existing red curb and created two additional parking spaces eastbound Aviation just west of Prospect. TOTAL PARKING SPACES CREATED: 6 Existing parking spaces removed 4. Possible four spaces eastbound Aviation just east of Ocean Drive. 5. Two spaces eastbound Aviation just west of Ocean Drive. . TOTAL PARKING SPACES REMOVED: 6 Adept 470 /1 November 7, 1995 City Council Meeting November 14, 1995 Mayor and Members of the City Council ADOPTION OF ALL RESOLUTIONS NECESSARY TO PLACE A PROPOSED UTILITY USERS TAX INCREASE ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE TUESDAY, MARCH 26, 1996 STATEWIDE PRIMARY ELECTION Recommendation: The following resolutions pertain to the submittal to the voters of a measure relating to a Utility Users Tax (UUT) increase at a Special Municipal Election to be consolidated with the March 26, 1996 Statewide Primary Election. Pursuant to previous Council direction, they are presented this evening for Council consideration and adoption. The first resolution, which proposes the UUT increase, should be considered and acted on by Council first, before the others. If the resolution proposing the measure is adopted, the remaining resolutions pertaining to the calling of an election for the UUT ballot measure may be acted on. 1. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROPOSING AN INCREASE IN THE UTILITY USERS TAX IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE CITY'S MUNICIPAL CODE FROM SIX PERCENT TO EIGHT PERCENT OF THE CHARGES MADE FOR TELEPHONE, ELECTRICITY, GAS, WATER AND CABLE TELEVISION SERVICES Requires a two-thirds vote of City Council, which is four affirmative votes. 2. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE 3. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY 1 s OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE 4. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Optional, but if adopted, must be adopted at this Meeting! Prior to adoption, designate which Councilmember will write argument. 5. RESOLUTION NO. 95- 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 SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH, 1996 Optional, but if adopted, must be adopted at this meeting. 6. RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 26, 1996 Pursuant to the City's Municipal Code, the Clerk's compensation must be fixed by resolution. It has been traditional for the City Clerk to receive extra compensation during all election periods due to the tremendous impact an election has on the normal workload of the Clerk's office. The amount of time necessary to perform the duties required for a consolidated election is at least 50 percent above what is normally required of the part- time City Clerk. The traditional extra monthly compensation for consolidated elections has been half of the Clerk's monthly salary ($745.75). Background: At its meeting of October 10, 1995, the City Council directed the City Clerk to return to Council as soon as possible with the appropriate documents to consolidate a ballot measure for an additional two -percent Utility Users Tax with the Statewide Primary Election of March 26, 1996. 2 The attached resolution and ordinance proposing the UUT increase were drafted by the City Attorney's office. Pursuant to Government Code Section 53723, the resolution must be adopted by two-thirds of the entire membership of the City Council (i.e., with four affirmative votes). Pursuant to Government Code Section 53724, the ordinance must then be approved by a majority of the electorate. With regard to the City's Utility Users Tax, at its meeting of October 24, the City Council introduced an ordinance that will terminate the four -percent portion of the UUT which had been established as a special tax to pay for the acquisition and financing by the City of the railroad right-of-way (greenbelt). That ordinance, which is on tonight's agenda for adoption, will take effect December 14, 1995 (30 days after adoption), thus reducing the UUT from the current ten percent to six percent well before the March election. The proposed ordinance (ballot measure) will increase the remaining UUT by two -percent, from six percent to eight percent. Based on a County estimate of $16,000 for their cost involved with placing this measure on the ballot, the total cost to the City for this special election should be about $20,000 (includes consultant costs, Clerk's compensation, and all supplies and noticing expenses). Noted: Stephen R. ell, City Manager 3 Elaine Doerfling, City Cler 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROPOSING AN INCREASE IN THE UTILITY USERS TAX IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE CITY'S MUNICIPAL CODE FROM SIX PERCENT TO EIGHT PERCENT OF THE CHARGES MADE FOR TELEPHONE, ELECTRICITY, GAS, WATER AND CABLE TELEVISION SERVICES WHEREAS, Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86-837, 87- 896, 88-919, and 88-967, added, to Chapter 30 of the City's Municipal Code, Article VI, which relates to a Utility Users Tax; and, pursuant to Article VI, the City imposed a tax upon persons in the city using intrastate, interstate, or international telephone communication services, electrical energy, gas energy, water (which is delivered through mains or pipes) and cable television service; and WHEREAS, Article VI provided for a rate of tax of ten percent of the charges made for the above described utilities, with six percent of the Utility Users Tax being a general tax (the proceeds of which are placed in the City's general fund and used for general governmental purposes) and with four percent of the Utility Users Tax being a special tax (the proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and financing by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way; and WHEREAS, Article VI provided that the four percent special tax portion of the Utility Users Tax would terminate upon a finding by the City Council that the special tax is no longer necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way, and pursuant to Ordinance No. 95-1137, adopted November 14, 1995, the City Council terminated the four -percent special tax portion of the Utility Users Tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The purpose of this Resolution is to propose an increase in the remaining general fund portion of the Utility Users Tax imposed under Article VI of Chapter 30 of the 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hermosa Beach Municipal Code from six percent to eight percent of the charges made for the services described herein, as set forth in the Ordinance attached hereto as Exhibit A. SECTION 2. The method of collection of the tax imposed under Article VI of Chapter 30 of the Hermosa Beach Municipal Code shall remain the same as provided for under said Chapter 30. SECTION 3. The Ordinance attached hereto as Exhibit A shall be referred to, and shall be effective only if approved by a majority of, the voters voting at an election to be held March 26, 1996. SECTION 4. Adoption of this resolution proposing an increase in the Utility Users Tax requires four affirmative votes by the City Council (a two-thirds vote of the City Council). SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON THE 14TH DAY OF NOVEMBER, 1995. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX WHEREAS, Ordinance No. 85-804, as amended by Ordinance Nos. 86-832, 86- 837, 87-896, 88-919, and 88-967, added, to Chapter 30 of the City's Municipal Code, Article VI, which relates to a utility users tax; and, pursuant to Article VI, the City imposed a tax upon persons in the city using intrastate, interstate, or international telephone communication services, electrical energy, gas energy, water (which is delivered through mains or pipes) and cable television service; and WHEREAS, Article VI provided for a rate of tax of ten percent of the charges made for the above described utilities, with six percent of the Utility Users Tax being a general tax (the proceeds of which are placed in the City's general fund and used for general governmental purposes) and with four percent of the Utility Users Tax being a special tax (the proceeds of which are placed in a special fund and used to pay for the costs of the acquisition and financing by the City of the property commonly known as the A.T. & S.F. Railroad right-of-way; and WHEREAS, Article VI provided that the four percent special tax portion of the Utility Users Tax would terminate upon a finding by the City Council that the special tax is no longer necessary for its adopted purpose of paying for the A.T. & S.F. Railroad right-of-way, and pursuant to Ordinance No. 95-1137, adopted November 14, 1995, the City Council terminated the four -percent special tax portion of the Utility Users Tax; and WHEREAS, the purpose of this Ordinance is to increase the remaining general fund portion of the Utility Users Tax from six percent to eight percent. THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: SECTION 1. Paragraph (a) of Section 30-46 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: 1 .1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Sec. 30-46. Telephone tax. (a) 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 eight (8) percent of all charges made for such service and shall be paid by the person paying for such services." SECTION 2. Paragraph (a) of Section 30-47 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-47. Electricity tax. (a) There is hereby imposed a tax upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the charges made for such energy and shall be paid by the person paying for such energy. "Charges," as used in this section, shall include charges made for (1) metered energy, and (2) minimum charges for such services, including customer charges, service charges, demand charges, standby charges, and annual and monthly charges, fuel, cost adjustments, etc." SECTION 3. Paragraph (a) of Section 30-48 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-48. Gas tax. (a) There is hereby imposed a tax upon every person in the city using gas energy in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the charges made for such gas energy and shall be paid by the persons paying for such gas. "Charges," as used in this section, shall include charges made for (1) gas which is delivered through mains or pipes, and (2) minimum charges for such services, including customer charges, service charges and annual and monthly charges." SECTION 4. Paragraph (a) of Section 30-49 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: 2 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Sec. 30-49. Water tax. (a) There is hereby imposed a tax upon every person in the city using water which is delivered through mains or pipes in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the charges made for such water and shall be paid by the person paying for such water. "Charges," as used in this section, shall include charges made for (1) metered water, and (2) minimum charges for services, including customer charges, ready to serve charges, standby charges, and annual and monthly charges." SECTION 5. Paragraph (a) of Section 30-50 of Article VI of Chapter 30 of the Hermosa Beach Municipal Code is hereby amended to read as follows: "Sec. 30-50. Cable television tax. (a) There is hereby imposed a tax upon every person in the city using cable television service in the city. The tax imposed by this section shall be at the rate of eight (8) percent of the charges made for such service and shall be paid by the person paying for such service." SECTION 6. This ordinance shall be referred to, and shall be effective only if approved by a majority of, the voters voting at an election to be held March 26, 1996. SECTION 7. The tax imposed under Article VI of Chapter 30 of the Hermosa Beach Municipal Code shall be collected at the rate of eight (8) percent of the charges made for the services described herein for the first time on the tax bill applicable to the first regular billing period commencing on or after April 1, 1996. Until such time, the tax imposed under Article VI of Chapter 30 shall continue to be collected at the rate of six (6) percent of the charges made for the services described herein. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE WHEREAS, the City Council of the City of Hermosa Beach, California, desires to submit to the voters at a Special Municipal Election a proposed ordinance relating to a Utility Users Tax (UUT); and WHEREAS, the City Council is authorized and i,directed by statute to submit the proposed ordinance to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, March 26, 1996, a Special Municipal Election for the purpose of submitting to the voters the following proposed ordinance: UTILITY USERS TAX INCREASE YES Shall the Ordinance which would increase the Utility Users Tax, imposed pursuant to Article VI of Chapter 30 of the NO Hermosa Beach Municipal Code, from six percent (6%) to eight percent (8%) be adopted? SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment _and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 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 1 2 3 4 5 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF 1'HE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Hermosa Beach, California, called a Special Municipal Election to be held on Tuesday, March 26, 1996, for the purpose of submitting to the voters a question relating to a Utility Users Tax (UUT); and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, March 26, 1996, for the purpose of submitting to the voters a proposed ordinance. SECTION 2. That the measure to appear on the ballot is as follows: UTILITY USERS TAX INCREASE YES Shall the Ordinance which would increase the Utility Users Tax, imposed pursuant to Article VI of Chapter 30 of the NO Hermosa Beach Municipal Code, from six percent (6%) to eight percent (8%) be adopted? 1 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Hermosa Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF '1'HE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, March 26, 1996, at which there will be submitted to the voters the following measure: UTILITY TAX INCREASE YES Shall the Ordinance which would increase the Utility Users NO Tax, imposed pursuant to Article VI of Chapter 30 of the Hermosa Beach Municipal Code, from six percent (6%) to eight percent (8%) be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the Hermosa Beach City Council hereby authorizes as follows: in favor, with all Councilmembers invited to sign, against, with all Councilmembers invited to sign, members of that body, to file written arguments regarding the City measures as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the arguments until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED on this 14th day of November, 1995. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- 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 SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996 WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more. than ten (10) days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on March 26, 1996, and shall then be repealed. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 1 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED on this 14th day of November, 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 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 26, 1996 WHEREAS, the matter of the Special Municipal Election of March 26, •1996, as it relates to additional duties and staffing was reviewed by the City Council on November 14, 1995. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Ordinance No. 78-603 of the City of Hermosa Beach, adopted December 14, 1978, the compensation of the City Clerk shall be fixed by resolution of the City Council. SECTION 2. That the City Clerk shall ieceive an additional monthly salary equal to one- half (50 percent) of the Clerk's regular monthly salary for the four and one-half month election process, commencing November 16, 1995, through March 31, 1996, payable semi-monthly at the same time and in the same manner as the salaries paid to each of the officers and employees of the City. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED this 14th day of November, 1995. PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach ATTEST: APPROVED AS TO FORM: City Clerk City Attorney PRELIMINARY ELECTION CALENDAR MARCH 26, 1996 SPECIAL MUNICIPAL ELECTION Nov 14 Call election for ballot measure(s) Nov 16 Post notice of deadline for filing arguments Nov 24 Publish notice of election Dec 4 Deadline for filing arguments Dec 14 Deadline for filing rebuttals Dec -29 (5 p.m.) Last day to request consolidation and file resolutions with County Jan 2 (5 p.m.) Last day to submit proposed ordinance, impartial analysis and ballot arguments to County Jan 12 (5 p.m.) Last day to submit rebuttals to County Jan 22 County delivers proofs to Clerk for review and approval Feb 15 Deadline for 1st pre-election campaign statements (for ballot measure committees) - filing period 1/1/96 - 2/10/96 Feb 15 - Mar 18 Sample ballots mailed to voters Feb 26 Last day to register to vote Feb 26 - Mar 19 Voters may request absentee ballots from County Mar 14 Deadline for 2nd pre-election campaign statements (for ballot measure committees) - filing period 2/11/96 - 3/9/96 Mar 26 (7 a.m. - 8 p.m.) Election day Mar -28 - Apr 16 County to canvass election returns Apr 9 Probable date of Council meeting for election certification July 31 Deadline for semi-annual campaign statements (for ballot measure committees) - filing period 3/10/96 - 6/30/96 C triLV7Wriba n w November 6, 1995 Honorable Mayor and Members of the Regular Meeting Hermosa Beach City Council November 14, 1995 SUBJECT: USE OF "WAVE" VEHICLES AS SHUTTLES DURING FIRST NIGHT PURPOSE: REQUEST FROM ARTS HERMOSA FOR CITY ALLOCATION OF PROPOSITION "C"OR "A*" FUNDS TO SUPPORT SHUTTLE SERVICE Recommendation Direct staff as deemed appropriate . Background/Analysis Arts Hermosa is requesting the use of WAVE dial -a -ride vehicles to help transport persons between the First Night and the remote parking areas. This is proposed as part of the traffic management plan for the event. *The vehicles are available for use, and Proposition A or C funds can be expended for this purpose. Sol Blumenfeld Communi Development Director CONCUR: NOTED FOR FISCAL IMPACT: Gie‘sediezzo...,4„, Stephen $ rrell Viki Copeland City Manager Finance Director Attachment 1. Letter from Arts Hermosa tstnite 1 Board of Directors Nancy Colville Business Owner Gwen Gross Superintendent of Schools Leslie Murdock Attorney John Scudder Business Owner Jane Turner Consultant Gary Wayland Certified Public Accountant Advisory Board Gloria Anderson John Bowler Dorothy Courtney Jane Gierlich Jim Gierrch Chantal Hargis Rick Learned Marcella Low Bunny Muter Leslie Newton Jerry Newton Julie Oakes Gene Parrish Mary Rooney Jean Schmeltzer Henry "Chip" Scholz Patricia Spiritus P.O. Box 332 Hermosa Beach, CA 90254 (310) 318 3910 Fax 372-8092 Staff Bill Daugherty Executive Director Dragana Bajalovic Director Jeri Moreau Volunteer Coordinator To: Hermosa Beach City Council Re: FirstNIGHT® shuttle costs TITPRITR-1T1' NOV 01 1995 F--1--r--s- t N I G H T 1 November 1995 IEIMOSA BEAU! To ensure orderly transport of our expected FirstNIGHT® crowd, to reduce traffic and parking congestion, and to minimize negative impact on the city of Hermosa Beach due to a large flow of people, FirstNIGHT® will arrange shuttle service from the Mira Costa High School parking lot to various drop-off and pick-up points on New Year's Eve. Specifically, we shall arrange for four'20-passenger Wave Shuttle vans operating from five p.m. until two a.m. (moving a total of 160 people per hour); two 50 -passenger Laidlaw buses operating from seven p.m. until one a.m. (moving a total of 200 people per hour); and two additional 50 -passenger Laidlaw buses operating from nine p.m. until two a.m. (moving a total of 200 people per hour). Thus, we can move 160 people per hour form five until seven, 360 people per hour from seven until nine, 560 people per hour from nine until one, and 360 again from one until two. From the size of the Mira Costa lot and surrounding parking, this is overkill. The purpose for the overkill is to ensure that we can empty the city quickly after midnight and without incident. Due to bus company minimums, we end up with the overkill during the heart of the evening. Cost for the 20 -passenger vans is $20.65 per hour to the City (other users pay more); for the buses, a five-hour minimum at $225 plus $35 each additional hour plus tax. 4 20 -passenger, 9 hours, 20.65 per hour $ 743.40 2 50 -passenger, 5 hours , 225 + .5% tax 487.43 2 50 -passenger, 6 hours, 225 + 35 + .5% tax 522.60 Total: $1753.43 It is our understanding that use of Prop A money for shuttle service is not inappropriate (as opposed to Prop C, which may be used for streets) if so determined by the City Council. We request that the City pay for shuttle costs from Prop A funds. Our thanks for your consideration and for your continuing support. ArtsH E RMGSA Submitted by Bill L1aughdrty • CITY OF HERMOSA BEACH BUDGET SUMMARY 1995.96 PROP A PARK REC UUT RR RIGHT 6X UUT COMM DEV PROP A PROP C GRANT OPEN SPACE FD FAC TAX FUND OF WAY FUND FUND BLK GRANT FUND FUND .FUND 121 125 126 127 140 145 146 150 ESTIMATED REVENUE Taxes SO SO 5975,418 SO 5216,234 5157,997 SO Licenses/Permits SO SO SO SO SO SO Fines/Forfeitures SO SO SO SO SO SO SO SO Use of Money/Property 55,932 58,889 549,920 SO 54,086 57,886 Intergovernmental/State SO SO 00 50 SO SO SO 590,000 Intergovernmental/County 51,658,000 SO SO 50 SO SO 5335,415 Intergovernmental/Federal SO SO SO SO 5152,691 SO Current Service Charges Sp SO SO SO SO SO 515,500 SO SO Other Revenue SO 53,500 SO SO 5502 SO SO TOTAL ESTIMATED REVENUE 51,663,932 512,389 51,025,338 SO 5152,691 5236,322 5165,883 5425,415 INTERFUND TRANSFERS IN SO SO SO SO SO SO ESTIMATED FUNDS AVAILABLE 51,663,932 512,389 51,025,338 SO 5152,691 5236,322 5165,883 5425,415 ESTIMATED FUND BALANCE 7/1/95 5907,141 532,399 52,654,026 5487,559 SO 538,503 546,650 5114,290 TOTAL FUNDS AVAILABLE 52,571,073 544,788 53,679,364 5487,559 5152,691 5274,825 5212,533 5539,705 APPROPRIATIONS Operating Budget SO 5351 SO SO SO 5237,540 SO SO Capital Outlay SO SO SO SO SO SO SO SO ''' Capital Improvements 51,483,467' 535,000• 5616,025• S0. 5152,691 SO 5200,000 5425,415 .- S0 TOTAL APPROPRIATIONS 51,483,467. 535,351 • 5616,025 SO 5152,691 S237,540- S200,000 5425,4154' INTERFUND TRANSFERS OUT SO SO SO SO SO SO SO SO TOTAL APPROPRIATIONS/ 51,483,467 535,351 5616,025 SO 5152,691 5237,540 5200,000 5425,415 TRANSFER OUT ,r, ESTIMATED FUND BALANCE 51,087,606 59,437 53,063,339 S487,559 SO 537,285 512,533 5114,290 6/30/96 M November 7, 1995 Honorable Mayor and Members of the Hermosa Beach City Council ake. I}/ (sE Regular Meeting of November 14, 1995 THE "MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT" AN INITIATIVE FOR THE MARCH 1996 BALLOT Purpose: To provide information on subject initiative pursuant to City Council direction. Background: The City Council received some information from the City of Carson concerning the initiative and the impact it would have on mobilehome owners. A copy of the initiative is attached for your review. This initiative, if approved by the voters, would prevent the City of Hermosa Beach from enacting any form of mobilehome rent control. In cities that have already enacted a mobilehome rental control ordinance, the initiative would gradually remove the mobilehomes from the local rent control ordinances as they are sold or otherwise transferred to new owners. The initiative also provides that, for those mobilehomes that stay in rent control, the park owners may increase the rent by the change in the CPI without any local government action or review. The impact on the City is that the City Council would be prohibited from enacting any form of rent control for the mobilehome park located in Hermosa Beach. Therefore, in the event that the community would ever like to consider such an ordinance, the City Council would be prohibited from doing so. It appears that many of the cities taking a position on the initiative are cities that have some form of rent control that would be gradually phased out if the initiative is approved. Recommendation: Determine whether City Council wishes to take a position on the initiative. Respectfully submitted, Stephen R. Burrell City Manager SENT BY:CITY OF CARSON ; 9-12-95 ;10:04AM ; CITY CLERK -•iv=U L:ourtesy of the Golden State Mobilhome Owners League, Inc. AN INITIATIVE .MEASURE TO BE SUBMITTED) DIRECTLY TO TEE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: 1 (Here set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) To the Honocablc Secretary of State of California We, the undersigned, registered, qualified voters of California, residents of CouCivil Code, toor City and County), hereby propose amendments to the CaliforniaCalifocd relating establishment of a rental assistance subsidy for qualiPoor and needy mobilehome park tenants, limitations on mobilehome park rent control in lieu thereof, and prohibitions of enactment of mobilehome rent control measures by the State and by local charter and general law cities and counties, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election. The proposed statutory amendments (full title and text of the measure) read as follows: SECTION 1: TITLE This Measure shall be known and referred to as "The Mobilehome Fairness and Rental Assistance Act." SECTION 2: FINDINGS AND DECLARATIONS OP PURPOSE The People of the State of California find and declare as follows: (a) Some tenants of mobilehome spaces in mobilehome parks in California arc poor and needy and are urgently in need of rental assistance, without delays, expense or red tape which state and local government usually requires for the administration of rental assistance programs; and (b) Over 80 local governments are spending millions of dollars annually administering and enforcing mobilehome park rent controls for the exclusive benefit of owners of mobilehomes which comprise approximately only 5% of California's housing units with unrestricted controls that are generally not "means tested" to the - poor, so that mobilehome owners in mobilehemes with an average value of $40,000 to S50,000 obtain unfair price controls in rent controlled areas at the expense of small business -park -owners and all the citizens of California; and 41/ 9 Post -It'" brand fax transmittal memo 7671# or p.per . 9 ITo K.L! From , .• SENT BY:CITY OF CARSON e. ; 9-12-95 ;10:04AM ; CITY CLERK (c) These unrestricted controls jeopardize the existence of affordable mobilehome park housing for all Californians and jeopardize continued employment and small business-parkowners' cxistcnce in California; and f# 2/9 (d) it is a matter of statewide intcres't and concern that local government shall minimize the People's mobilehome park rent control administrative costs by allowing annual rent increases equal to the cog oto living, and that local governments shall, on a space by space.basis, phase out rent control administration upon the sale, transfer or sublease of any mobilehome; and (e) It is a further matter of statewide interest and concern to require that mobilehome parkowners shall grant direct rental assistance subsidies for up to 10% of , their mobilehome space tenantswithout governmental administration; and (t) It is a further matter of statewide interest and concern, to prohibit enactment of any new mobilehome park rent control or rent stabilization law by any -local government or by the State of California; and (g) Requiring the provision of direct rental assistance subsidies by requiring mobilehome park owners to provide specified reduced rents for the poor, together with the limitations on most restrictive features of rent limitations which have adversely affected the availability and supply of such affordable mobile home housing, is necessary to assure the continued availability of affordable mobile home housing to the poor; and (h) The limitation of the rental assistance subsidy provided in this Measure to not more than ten percent (10%) of the spaces in a single mobilehome park will provide a reasonable amount of assistance to needy mobilehome park tenants, without unduly burdening the property interests of the mobilehome park owner; and (i) This Measure is not intended, nor shall it be construed, to deprive any mobilehome owner, tenant or mobilehome park owner of any constitutional rights. SECTION`3: AMENDMENT OF CHAPTER 1 OF DIVISION 2 OF CALIFORNIA CIVIL CODE: DEFINITIONS Chapter 1 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding new subsections to Section 798.13, as follows: 798.13 (a) A 'tenant" as used in this section and in Article 4.4 of this Chapter is a 'homeowner' as defined in Section 798.9 of this Chapter. 798.13 (b) A 'qualified tenant", as used in Articles 4.4 and 4.5 of this Chapter i9 2 SENT BY:CITY OF CARSON • ; 9-12-95 ;10:05AM ; CITY CLERK-, any tenant who, as of the date of application for rental assistance subsidy and so Iong as such tenant intends to continue as a qualified tenant, satisfies each and all of the following requirernentr (I) The tenant resides in a mobilehome park in the State of California, the tenant has established a legal residency in that mobilehome, and owns and occupies that mobilehome as the tenant's principal place of residence; and (2) The tenant qualifies in accordance with then current criteria applicable to qualified for benefits under the U. S. Department of Housing and Urban Development ("HUD') Section 8Very Low Income qualification status, as published ID by H, or the local agency which administers suchprogram, at levels which are then in effect on a county -by -county or other basis within the State of California or, if the tenant is married or lives with another person, the eligibility standards for rental assistance subsidy shall be determined in the same manner as for HUD Section 8 Very Low Income for married or cohabitating persons. `HUD Section 8 Very Low Income" is defined as that income limit established annually by the U.S. Department of Housing and Urban Development ("HUD"), or any successor agency, Iow-income' limit for a four -person family, on a county by county and/or other 'very geographical or statistical area basis, based on 50)h of the median income for the area, which four -person income limit is then adjusted for other family sizes and,in certain cases is additionally adjusted for areas with unusually high or Iow income or housing costs; said income limits being promulgated and transmitted in accordance " with. Section 3(b)(2) of the United States Housing Act of 1937, as amended, and with Title VIII of the Cranston -Gonzalez National Affordable Housing Act of 1990, and which income limits for the State of California are published by the State of California Department of Housing and Community Development pursuant to Sections 50079.5 and 50105 of the California Health and Safety Code; and (3) The tenant, including all other residents regularly residing in the mobilehome, is in compliance with all rules and regulations of the mobilehome park and the tenant's rental agreement, and is not delinquent by more than thirty (30) days with any rental payments; and (4) The tenant is not receiving any federal, state or local housing assistance, including but not limited to assistance provided.under Chapter 8 of Title 42 of the United States Code; The Housing and Community Development Act of 1974; Chapter 45 of Tide 42 of the United States Code; or as provided or administered by the•Department of Housing and Urban Development or by other laws or programs. 798.13 (c) "Rental assistance subsidy' as used in Article 4.4 of this chapter means a ten percent (I0%) discount from the monthly rent charged for the mobilehome space occupied by one or more qualified tenants, as established by mobilehome park ;# 3/ 9 SENT BY:CITY OF CARSON ; 9-12-95 ;10:05AM ; CITY CLERK-, ;T 4/ 9 • management (the "pre -subsidy monthly rent Ievel"). The pre -subsidy monthly rent level of a qualified tenant who is receiving +or is entitled to receive, a rental assistance subsidy, may be increased and shall be decreased, as appropriate, from time to time, so that the pre -subsidy monthly rent level shall not, at any point in time, exceed the average monthly rent level charged for all spaces in the mobilehome park then occupied with mobilehomes. • 4 798.13 (d). "Exempt space' as used in Article 4.5 of this chapter shall mean (i) any space in a mobilehome park which is not occupied by a mobilehome as of the effective date of this Measure, or (ii) any space which is, as of the effective date of this Measure, exempt from the mobilehome park rent control law as a result of any lease or rental agreement covering such space including, without limitation, a rental agreement described in Sec. 798.17 of this Chapter. 798.13 (e) `Mobilehome park rent control' means any ordinance, rule, regulation, or initiative measure, adopted by any city, county or city and county, which establishes a maximum amount that the management of a mobilehome park landlord may charge any tenant or resident for rent. 798.13 (f) "Decontrolling event" as used in Article 4.5 of this chapter shall mean, with respect to any space in a mobilehome park covered by a mobilehome park rent control law as of the effective date of this Measure, the first to occur of the following after the effective date of this Measure: (i) Any sale, transfer (by foreclosure, operation of law or otherwise), or other change in ownership of the mobilehome (as • defined in Section 798.3 of this Chapter); (ii) Any termination of the tenancy of the persons who are tenants in such space by eviction, voluntary vacancy or otherwise; or (iii) Any sub -lease of the mobilehome or space after the effective date of this Measure, provided nothing contained herein is,intended to authorize any such sub- lease of the mobilehome or space. Notwithstanding the provisions of subdivisions (i), (ii), and (iii) herein, no decontrolling event shall be deemed to have occurred upon any transfer of ownership of a mobilchome to the conservator, guardian or trustee of a homeowner or to a homeowner's trust (provided that the beneficiaries entitled to ownership of the mobilehome are members of the homeowners's immediate family), or to a surviving spouse upon the death of the other spouse, or to a spouse or the parent(s) or children of a homeowner. SECTION 4: AMENDMENT OF CHAPTER 2.5 'OF DIVISION 2 OF CALIFORNIA CIVIL CODE Chapter 2.5 of Part 2 of Division 2 of the California Civil Code is hereby amended as follows by adding a new Article 4.4, as follows: 4 SENT BY:CITY OF CARSON ; 9-12-95 ;10:06AM ; CITY CLERK ;# 5/ 9 Article 4.4 Tenant Rental Assistance 798.44.1 (a) Any qualified tenant may apply for and if accepted, shall receive, directly from the management of a mobilchome park in which such tenant resides, a rental assistance subsidy subject to the terms and conditions provided for in this Article. (b) In the event there is more than one qualified tenant occupying any mobilehome space, such qualified tenants shall be considered together as one qualified tenant for the rental assistance subsidy, and for purposes of section 798.44.4 of this Article, so that no mobilehome space shall be entitled to more than one ten percent (10%) discount from the pre -subsidy monthly rent level. 798.44.2 The provision of the rental assistance subsidy shall be the sole responsibility and obligation of each management of a mobilehome park and neither the State of California nor any governmental agency shall have any responsibility therefor or exercise any authority in connection therewith, except as provided in Section 798.44.6 of this Article. 798.44.3 (a) Each tenant seeking to obtain the.rental assistance subsidy shall provide management with an application, together with competent evidence of facts, to proye such tenant is a qualified tenant. Such application and evidence may be submitted, at any time during any calendar year up to December 15, for consideration of rental assistance subsidy for the ensuing calendar year commencing in January, or such earlier date as any management of a mobilehome park may elect. The evidence accompanying the application shall consist of ownership and residency in the mobilehome and such income and other information as is customarily required by the governmental agency administering the U.S. Department of Housing and Urban Development Section 8 Very Low Income benefits and such other evidence as is reasonably required; provided, however, that no management of a mobilehome park shall make this application process more burdensome to the tenant than such governmental agency. (b) • Each management of a mobilchome park shall, promptly upon receipt of such application and evidence, evaluate the same and reply to such tenant with notice within ten working days of: (i) acceptance, in which case the amount of the rental assistance subsidy and the pre -subsidy monthly rent level shall then be stated; or (ii) rejection, in which case the basis for such rejection shall also be stated. Once a qualified tenant has received a rental assistance subsidy during any part of a calendar year, such rental assistance subsidy shall continue until December 31 of such year. subject to early termination as provided in this Article. 798.44.4 Notwithstanding any other provision of this Article to the contrary; SENT BY:CITY OF CARSON ; 9-12-95 ;10:06AM ; CITY CLERK-, (a)(1) In any jurisdiction in which mobilehome park rent control is in effect, the management of a mobilehome park shall be exempt from the rental assistance subsidy provisions of this Article if, and as long as, more than ten percent (10%) of the spaces occupied by mobilehomes in such mobilehome park are covered by any form of mobilehome park rent control • (2) In any jurisdiction inwhich mobilehome park rent control is in effect, if at any time fewer than ten percent (IO%) of the spaces occupied by mobilchomes in a mobilehome park are covered by. any form of mobilehome park rent control, the management of a mobilehome park shall be subject to the provisions of this Article and shall be required to provide rental assistance subsidy to a qualified tenant; provided, however, that the management of the mobilehome park shall not be required to provide such rental assistance subsidy if granting the subsidy would result in more than ten percent (10%) of the spaces in the mobilehome park being covered either by any form of mobilehome park rent control or by the rental assistance subsidy provided by this Article. The priority for granting rental assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. (b) In any jurisdiction in which there is no form of mobilehome park rent control in effect, the management of a mobilehome park shall be required to provide the rental assistance subsidy provided by this Article to qualified tenants representing not more than ten percent (10%) of the spaces then occupied by mobilehomes in such mobilehome park. The priority for granting rectal assistance subsidy shall be governed by subdivision (c) of this section 798.44.4. • (c) (1) In circumstances in which subdivision (b)(2) or subdivision (c) of this section apply, the management of a mobilehome park shall be required to grant the rental assistance subsidy provided for in this Article to those qualified tenants who are first in time to have been accepted by the management of the mobilehome park into the rental assistance subsidy program. (2) In determining the number of qualified tenants to which the management of a mobilehome park shall be required to provide rental assistance under subdivision (b)(2), the management of the mobilehome park shall determine the number of qualified tenants which represent spaces entitled to the rental subsidy, by subtracting the number of spaces then subject to some form of mobilehome park rent control from the number representing ten percent (10 %) of the total number of spaces then occupied by mobilchomes in the mobilehome park. 798.44.5 Any qualified tenant receiving a rental assistance subsidy shall lose the right to such rental assistance subsidy if any of the following events occur: (i) Such tenant fails to pay the monthly rent (as reduced by the rental assistance subsidy) within five days of its due date or (ii) Such tenant no longer qualifies as a qualified tenant for any 6 ;#6/9 4 SENT BY:CITY OF CARSON ; 9-12-05 ;10:07A.M ; CITY CLERK-+ ;# 7/ 9 reason whatsoever. Upon the occurrence of any such events, the .management of a mobilehome park may, upon ten days written notice. terminate such tenant's rental assistance subsidy in which •casc such tenant may not reapply for rental assistance subsidy for a period of 12 months thereafter. No management of a mobilehome park shall have any obligation to replace a terminated rental assistance subsidy tenant with another qualified tenant until the following calendar year. 798.44.6 Notwithstanding any other provision, of law, any qualified tenant aggrieved or damaged by any violation of any of the material terms of this Article may petition the municipal court of the county in which the mobilehome park is located for a judicial determination of his or her rights. Such aggrieved qualified tenant shall be entitled to actual damages consisting of loss of rental assistance subsidy and, if the prevailing party. reasonable attorney's fees and costs. Such aggrieved qualified tenant shall be further entitled to seek injunctive relief, And all such further equitable remedies as are available under Code of Civil Procedure Section 526. 798.44.7 A management of a mobilehome park shall not terminate the tenancy of any tenant, or attempt to do so. or retaliate against any tenant, or attempt to do so, as a proximate result of a request by such tenant for rental assistance subsidy or the exercise of any rights relating thereto as provided in this Article. Any demand by the management of a mobilehome park for rent from any qualified tenant who is receiving or entitled to receive rental assistance subsidy, which demand exceeds the sums which , are legally due and owing for rental payments pursuant to this Article, shall constitute a defense to any action brought by the management of a mobilehome park for such excess rent or eviction of the qualified tenant from the mobilehome park for non- •r payment of such excess rent; provided, however, the management of a mobilehome park may overcome such a defense if the management of a mobilehome park proves by clear and convincing evidence that the granting to such qualified tenant of a rental assistance subsidy deprives the management of a mobilehome park of its constitutional right to a fair return on its property. SECTION 5: AMENDMENT OF ARTICLE 4.5 OF PART 2 OF DIVISION 2 OF THE CALIFORNIA CIVIL CODE 6 Article 4.5 of Fart 2 of Division 2 of the California Civil Code is amended to add the following new Sections 798.46.1, 798.46.2, and 798.46.3 as follows: • 798.46.1 No city, county, or city and county, shall, after the effective date of this Measure, (i) enact any new mobilehome park rent control law or (ii) amend or modify any existing m s,i!ehome park rent control Iaw to restrict or control the maximum amount of rent that the management of a mobilehome park may charge for a space in a mobilehome park which is not, by reason of a long term lease or otherwise, restricted or controlled as of the effective date of this Measure. 7 I SENT BY:CITY OF CARSON ; 9-12-95 ;10:07AM ; CITY CLERK 798.46.2 Every mobilehome park rent control law in effect as of the effective date of this Measure shall be subject to the following provisions: (a) No mobilehome park rent control law shall, on or after January 1 of the year following the effective date of this Measure, with respect to the rent which the management of a mobilehome park may charge for a mobilehome space within such park, either (i) require that the rent for such space ever be reduced from that in effect as of such January 1 or as of any subsequent date, or (ii) limit any rent increase to an amount which is less than the full annual cost of living increase (California Consumer Price Index ('CCPI') All Items Index, All Urban Consumers (1982-84 —100), published by the California Department of Industrial Relations), as measured by the change in such CCPI from the 12 -month period ending in the calendar month preceding the date in which a notice of rent increase is given by the management of a mobilehome park at any time, and from time to time after January 1 of the year following the effective date of this Measure. (b) No jurisdiction administering any mobilehome park rent control law shall require the management of a mobilehome park to attend any hearing or submit any information to such jurisdiction so long as management limits the rental increases for any space affected by such mobilehome park rent control law to such full annual CCPI increase as provided in subdivision (a) of this section 798.46.2. (c) No mobilehome park rent control law shall, on or after the effective date of . ' this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a mobilehome space within such park upon a decontrolling event, as defined in Section 798.13 (f). (d) No mobilehome park rent control law shall; on or after the effective date of this Measure, impose any restriction or control whatsoever upon the amount of rent which the management of a mobilehome park may charge for a space within such park which is an exempt space, as defined in Section 798.13 (d). All exempt spaces shall be, for all purposes on or after the effective date of this Measure, exempt from any and all mobilehome park rent control laws. 798.46.3 Any law enacted by the State of California which, as of the effective date of this Measure, restricts or controls the maximum amount of rent that the • management of a mobilehome park may charge for a mobilehome park space is hereby declared to be void and of no force or effect upon the effective date of this Measure. The State of California shall not, after the effective date of this Measure, enact any law which restricts or controls the maximum amount of rent that the management of a Imobilehome park may charge fora mobilehome park space except in the manner provided in Section 6 of this Measure. 8 ;# 8/ 9 SENT BY:CITY OF CARSON ; 9-12-95 ;10:08AM ; CITY CLERK ;# 9/ 9 SECTION 6: AMENDMENT OR REPEAL OF MEASURE The provisions of this Measure may be amended or repealed by the procedures set forth in this section. If any portion of subdivision (a) is declared invalid, then subdivision (b) shall be the exclusive means of amending or repealing this title. (a) The provisions of this Measure may be amended to further its purposes by statute, passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring and signed by the Governor. (b) The provisions of this Measure may be amended or repealed by a statute that becomes effective only when approved by the electors. "SECTION 7: EFFECTIVE DATE The effective date of this Measure shall be the day after the election at which it is approved by the voters. SECTION 8: CONSTRUCTION OF MEASURE The Measure shall' be liberally construed 'to achieve the purposes of this. Measure and to preserve its validity. • • SECTION 9: • SEVERABILITY If any provision of this Measure, or the application to any person or circumstances is held invalid or void, such invalidity or' voidness shall not affect other provisions or applications which can be given effect without the invalid or void provision or application, and to this end, all of the provisions of this Measure are declared to be severable. SECTION 10: ELECTORS' INTENTION IN THE EVENT OP PASSAGE OF POSSIBLE CONFLICTING MEASURES In the event another Measure to be voted on by the voters at the same election as this. Measure, and which constitutes a comprehensive regulatory scheme, receives more affirmative votes than this Measure, the electors intend that any provision or provisions of this Measure not in direct and apparent conflict with any provision or provisions of another Measure, shall not be deemed to be in conflict therewith, and shall be severed from any other provision or provisions of this Measure which are in direct and apparent conflict with the provision(s) of another Measure. In such event, the provisions shall be severed according to the provisions of Section 9 of this Measure upon application to any court of competent jurisdiction. 9 October 31, 1995 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 14, 1995 PROPOSED LETTER TO CONGRESSWOMAN JANE HARMAN CONCERNING FEDERAL TELECOMMUNICATIONS LEGISLATION I have attached a proposed letter for City Council approval concerning the impact of the pending Communications Act of 1995. The letter is based on a sample provided by the National League of Cities. The areas of concern to cities are addressed in the letter. These are local zoning authority; use of rights of way; local taxing authority; telephone companies providing video programming and institutional networking. I believe that it is important for the City Council to express its opinion on these issues as the City will be dealing with them in the future. Recommendation: Approve letter and authorize Mayor to sign on behalf of the City. Res • ectfully submitted, 4 i Stephen R. Burrell City Manager • IMMIX 11®i11 League of California Cities Upapnt?-PleasetDeliverlmmediatelr',;, October 27, 1995 TO: City Managers RE: Federal Telecommunications Legjn - URGENT ACTION! House and Senate Conferees arc meeting NOW to resolve differences between HR 1555 and S. 652, the proposed Communications Act of 1995. It is critical that you contact your Congressional Representatives as soon as possible on the issues of city concern that are being considered. The National League of Cities has provided the following suggested draft letter to use as a guide when contacting your Congressional Representative. City officials can call the Capitol switchboard at (202)225-3121 to ask for the phone number and FAX number for their Congressional Representative if you do not already have those numbers in City Hall. The letter is as follows: Dear Conferee/Representative/Senator: I am writing to urge your support for the following recommendations in the telecommunications conference agreement. We believe that these proposals are necessary to protect the City of and its citizens from unwarranted federal intrusion into vital local interests such as management of public rights-of-way,.zoni.ng and taxation. In order to help me report to our citizens on these key issues, I would very much appreciate specific answers to the eftbrts you will be making on our behalf. cal , ming A thority: I urge you to ensure that the final conference agreement protects the historic and essential zoning authority of local governments. Section 108 of HR 1555 contains provisions that would permit the Federal Communications Commission (FCC) to preempt local zoning decisions over the placement, construction, modification and operation of cellular radio towers. S. 652 does not contain this preemption provision. On the House floor, Commerce Committee Chairman Thomas Bliley promised in a colloquy to revise the bill in conference to ensure that local zoning authority would he protected. I hope that you will work with Chairman Bliley on this important issue and support the conference agreement only if it fully protects (City Narnn) zoning authority. I urge the committee to similarly protect local zoning authority over the placement of Direct Broadcast Satellite (DBS) antennae. While Section 312 of the Senate bill and Sections 308 and 310 of the House bill permit FCC jurisdiction over DBS services, the I CONFERENCE REGISTRATION OFFICE BOX 1519. LAFAYETTE, CA 94549 (510)293-2113 FAX l51(1i 2R1 -7I33 HEADQUARTERS 1400 K STREET, SACRAMENTO, CA 95814 (916) 658-8200 ”. NO,,,n+F:t 'Ce onAn SOUTHERN CALIFORNIA OFFICE 602 EAST HUNTINGTON DR., SUITE MONROVIA, CA 91016 018( 305.1315 conferees must make clear that these provisions should in no way be construed to allow the FCC to preempt local zoning of DBS antennae. The preemption issue is significant for local govertunents because zoning and land use are historically and exclusively matters of local concern. The placement of cellular towers and satellite antennae affects, like the placement of non-communications facilities, property values, community development and public safety in (City Name). The cellular industry has managed to provide nationwide service to date without federal preemption of Local laws. What the cellular industry is really seeking is preemptive Washington. protection to carry out its plan to install as many as 100,000 new towers to service new FCC license for cellular and personal communications systems. You can be certain, however, that our mutual constituents will be very upset if decisions regarding the placement of these towers are dictated from Washington rather than at the local level. - There is no reason to give preferential protection to the cellular and DBS industry that other commercial businesses do not enjoy. i hts-of- ' y: I urge you to accept the protections afforded to local governments in Section 101 of the House bill which would ensure local management over the public rights-of-way and receive fair and reasonable compensation from companies using their streets. However, the corresponding Section 201.(a) in the Senate bill contains ill-defined preemption language that would empower. the FCC to strike down or invalidate the city's laws and ordinances, enabling industry .members to threaten to drag our city attorney to Washington if we do not accede to industry wishes. There is no reason for giving FCC such power: courts are always available. There is no need to centralize power at the FCC in Washington over such inherently local matters. When the House of Representatives considered the rights-of-way issue, it acted to include all of the Senate-passed provisions, except for eliminating this broad FCC preemption authority. I believe that the House provision, taken on a vote of 338 to 86, is a strong endorsement of the position that state and local government authority in this area should continue to be exercised without the specter of FCC preemption. and Washington intrusion. Local Taxing Authority: I urge you to reject section 402 of HR 1555 which would preempt local taxing authority over DBS services. This preemption is drawn so broadly that it appears to even preempt (Ci Nair from imposing property tapes on equipment and facilities of DBS providers where they have headquarters, billing offices and uplink facilities in (City dame). The city would receive nothing in return. for the preemption of local taring authority even though it would provide governmental services to providers with an actual presence in the local jurisdiction. There is no reason DBS should receive such preferential treatment over other businesses. By contrast, S, 652 does not include this preemption provisions and would allow the taxation of DI3S services exactly the same as other businesses. I support the Senate's decision to exclude this language from its bill and urge you to similarly reject the House preemption. Telephone �'onipanies Providing Video Progran ni ling: I urge you to adopt House Section 201 (as Section 656 (b) (2) of the Communications Act) governing video dialtone fees, this provision is more protective of local government authority than its Senate counterpart Section 202 (a) (as Section 613 (b) (5) of the Communications Act) because it would require that both a video programming affiliate of any common carrier and any multichannel video programming distributor pay an equivalent to a franchise fee to the local government for use of the public rights-of-way. Institutional Networks I urge you to preserve the ability of local cable franchising authorities to negotiate for institutional network capabilities (I Nets) and public, educational and governmental (PEG) access requirements, as the Cable Act currently allows them to do. These abilities are essential if the city and its individual residents are to have the ability to be active participants on the Information Highway, At a minimum, the House bill Section 107 (a) (as Section 621 (b) (3) (D) of the Communications Act) must be preserved. I appreciate your attention to these matters. Sincerely, 1 CITYMg..2 OF HERMOSA BEACH MEMORANDUM DATE: November 1, 1995 TO: J. R. REVICZKY, COUNCILMEMBER FROM: STEPHEN BURRELL, CITY MANAGER RE: BEACH CITIES HEALTH DISTRICT 4 \� This is a follow-up to your request for information concerning the hospital district. A copy of the newspaper article that you mentioned is also attached. As you can see from the newspaper account, the Beach Cities Health District collects about $1,000,000 per year in property taxes and spends a total of $5,000,000 from all sources. This tax is applied like all other property taxes, which means that the district receives a portion of the 1% assessed against all properties in the district. If an agency that receives property tax no longer exists, then the funds that it had received are distributed to all of the taxing agencies. This would mean that the County, school, college, sewer and other property tax receiving agencies would split the amount according to the percentage of the 1% it receives. It would be difficult to determine how much additional property tax Hermosa Beach would receive. Another approach would be for the Beach Cities Health District to continue to receive the property tax and begin to fund activities that would be under its authority and be of more direct benefit to the three City governments that it shares boundaries. It may be possible, for example, for the Beach Cities Health District to fund the cost of all three paramedic programs. I do not know the total costs of these programs, however, I am sure that it would be welcome by all of the cities. The cost for the Hermosa Beach Paramedic Program is around $400,000 per year. In response to how we could do this, I would suggest that a committee be initiated at the policy level to determine whether or not there would be any interest from Redondo Beach and Manhattan Beach. If there is the interest in discussing this idea, then it seems worthwhile to pursue it with the Beach Cities Health District's Board of Directors. 1� b . revile TUESDAY TUESDAY October 24, 1995 • By Kathryn Martin esidents of the South Bay's three beach cities are one generous bunch of folks. This year they're donating a cool $5 million to charitable organizations within their borders. For starters, there's $65,000 to the Salvation Army, on top of an earlier $500,000 grant for senior housing construction; and other sizable donations to battered women's shelters, schools, churches, police departments,' and'neighborhood clinics, to name a few. Amazingly, many of the donors are not even aware of how generous they've been. That's because the money didn't corne.from personal checks or payroll contributions, but from public funds: the revenues generated by the Beach Cities Health District (BCHD). The district was created in 1964 for the express purpose of building a hospital in the South Bay, with a special property tax assessment earmarked to pay off construction bonds. Those bonds have • long ago been paid off, and the hospital, now known as South Bay Medical Center, is leased to a for-profit corporation. But like so many government agencies that seem to take on -a life of their own after their original purpose has gone, the district continues to collect nearly a million dollars a year in property taxes, along with about $3 million in hospital lease payments. And while many jurisdictions struggle to keep up their deteriorating infrastructure, BCHD sits on a.cushy $35 million reserve. That's. not to say that many of the agencies the district subsidizes'aren't worthy of support. But does ii shake sense for a taxpayer entity to be doling out money to private charities when essential services -for the county and many area cities are being slashed to balance budgets? At the same time, some of the agency's grants seem at best frivolous and at worst laughable. BCHD subsidizes a number of classes, seminars and workshops at South Bay Medical Center on health-related topics such as stress management, allergies, child health and safety — in direct competition with other, nonsubsidized facilities in the area, such as Little Company of Mary and Torrance Memorial hospitals, which offer such programs as loss leaders to attract new business. Similar programs also are provided by many health maintenance organizations, without taxpayer subsidies. And there+s the matter of the district's recent $25,000 grant to the 30 -year-old, and highly popular, International Surf Festival — an event that traditionally has been able to attract enough corporate sponsors from within the community to preclude the need for public fluids. He ori -P-.C��tN < � zis=^=�'�:TJ':�,£�•3f;'r>m.y'.- a �. :..g-:,.. it[$lstrk alr p �-U Kathryn Martin announcement of a planned $50,000 public relations campaign to convince the public to switch from whole milk to low-fat, when even surveys of schoolchildren within the district indicated that whole milk consumption was already below average. Can this really be the most pressing need for a government handout? And it isn't as though South Bay residents are undertaxed. With home prices in the beach cities well above the county average, residents already contribute more than their share of property taxes; along with surcharges to nine separate special assessment districts. Next month, Manhattan Beach residents will vote on a $45 million school bond issue which could tack another several hundred dollars onto the bill for a median -priced home in the city. Other cities are bound to follow suit, as revenues at the state and county levels continue to tighten. With taxpayers everywhere crying out for relief, BCHD is a legitimate place to look. The agency's mission, establishing a full-service hospital in the community, has been achieved. There is no requirement, or good business reason, why this facility must be taxpayer -owned and a separate governmental agency maintained to run it. Both county and state governments already have agencies in place to oversee health care operations within their jurisdictions. Moreover, the hospital is an asset that could be used to reduce the financial burden on its residents, possibly through sale of the facility to the corporation currently leasing it or to some other entity. Another option might be to turn over the facility to the county medical system, with an offsetting property tax rebate, either one-time or long-term, to compensate residents of the three cities who paid for it. Yes, the district's past generosity to area charities is commendable. But in this era of tight budgets and finite resources, there's also something to be said for the sentiment that charity begins at home. Kathryn Martin is a free-lance writer in the South of br. 1)11 int int; gat: evt; Ca - em Are `. Sad O.J. prei Unl do i to b phot path T1 Or` in w desk have degn Vieti hold for a Ew Whit Na Talk InS to fur emb3 nine and ft refust" mean man.: Mea been have t' Cubat'_, gasoli' •Thrti4,_ United 4' his e.d'-.. Sol CITY OF HERMOSA BEACH MEMORANDUM DATE: November 1, 1995 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN BURRELL, CITY MANAGE RE: CALIFORNIA WATER SERVICE COMPANY - RATE INCREASE I have attached a rate increase notice that was distributed by California Water ' Service in the water bills to all of its customers in the service area. The service area includes all of Hermosa Beach, Redondo Beach and a portion of Torrance. This rate increase will have a significant impact on the cost of water for City operations. The overall city water cost is budgeted at $63,678 for the 1995-96 fiscal year. The proposed rate increase would add $12,290 to the City's cost for using the same amount of water. Our overall cost may drop somewhat when we are able to fully use the reclaimed water through West Basin Municipal Water District. The City Council may wish to participate in the California Public Utilities Commission review of the proposed rate increase by sending a letter either requesting additional information on the proposed increase or requesting that the water company make a presentation to the City Council on the proposed increase. Perhaps the water company could explain the need for the rate increase and the rates charged in other cities. Please review this and let me know whether or not this is an issue that you feel the City should take a position on. It might be a good idea to have a Council sub -committee meet with the water company and report back to the City Council. 11c CALIFORNIA WATER SERVICE COMPANY 1720 NORTH FIRST STREET • P.O. Box 1150 • SAN JOSE, GA 95108 • (408) 451-8200 September 15, 1995 City Attorney City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Proposed Rate Application Hermosa -Redondo District ;DECEIVED SEP 1 8 1995 CITY MGR. OFFICE This will advise you that California Water Service Company has filed an application with the California Public Utilities Commission for an increase in rates of approximately 18.6% for 1996 with further increases of 7.0% for 1997, 6.6% for 1998, and 6.2% for 1999 in its Hermosa - Redondo district. In addition to the General Rate Increase, California Water Service Company is also requesting the following surcharges and surcredits in the Hermosa -Redondo district: Surcharges:$372,169 or 3.4% Surcredits:$51,579 or 0.5% A copy of the application and related exhibits have been sent to the City in care of the City Clerk. Very truly yours, CALIFORNIA WATER SERVICE COMPANY Shawn L. Heffner Regulatory Analyst SLH:dw cc: California Public Utilities Commission W.J. Newell, Esq. McCutchen, Doyle Brown & Enersen