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HomeMy WebLinkAbout04/08/97• • • ,SPRE/9D • oshi•og--77 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 8, 1997, at the hour of 70AP.M. PLEDGE OF ALLEGIANCE ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: PROCLAMATIONS: PUBLIC HEALTH WEEK APRIL 7 - 13, 1997 NATIONAL LIBRARY WEEK APRIL 13 - 19, 1997 MEDAL OF VALOR WEEK APRIL 14 - 18, 1997 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 discussion of items removed from the Consent Calendar; (2) during Public Hearings; (3) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, City Council Minutes 01-14-97 Page 9309 c`� • (4) 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. Members of the Public wishing to request removal of an item from the consent calendar may do so at this time. Coming forward to address the Council at this time were: 3/y fie ± _� .� ),cr( 7: V5 —B fy� C� 4 \ ��� c 9 / f7t 22" I 1-Q�' i/�.-3 , so ,ALJ �5 7_5 / �o _ /1 -� cam, �e w -� r s / ?WE 51-4Y At 7: P.M. the order of the agenda was suspended to go to public hearings starting with item 4. • (b) COUNCIL COMMENTS: (C) WRITTEN COMMUNICATION: 1. Letter from Howard Longacre dated April 2, 1997 regarding a lack of response by city staff to a previous agendized letter dated February 19, 1997 as directed to be accomplished by the City Council at their meeting of February 25, 1997, and other matters regarding the proposed parking structure. RECOMMENDATION: Receive and file. • ,t4 City Council Minutes 01-14-97 Page 9310 • 1. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent, roll call, vote of the Council. There will be no separate discussion of these items unless a Councilmember removes an item from the consent calendar. Items removed will be considered under Agenda Item 3, with public comments permitted at that time. Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Motion , second . The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on March 25, 1997. Action: To approve the minutes of the Regular Meeting of March 25, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9831 THROUGH 9923, NOTING VOIDED CHECK NO. 9913, AND, TO APPROVE CANCELLATION OF CHECK NUMBERS 9715 AND 9800 AS RECOMMENDED BY THE CITY TREASURER. 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. City Council Minutes 01-14-97 Page 9311 • RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TWO-YEAR EXTENSION OF THE SERVICES AGREEMENT WITH HAZELRIGG RISK MANAGEMENT SERVICES, INC. FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 24, 1997. )6t)L-aP/ 51) 6--4d -6 /i/j(-) Action: To approve the staff recommendation that the City Council authorize the City Manager to negotiate and execute a two-year extension of the services agreement with Hazelrigg Risk Management Services, Inc. for workers' compensation claims administration services. RECOMMENDATION TO DENY APPLICATION TO PRESENT A LATE CLAIM FILED BY CONSTANCE ANN RICOTTA. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 26, 1997. This item was removed from the consent calendar by Councilmember for separate discussion later in the meeting. Personnel Director/Risk Manager Blackwood Action: To approve the staff recommendation that City Council deny the Application to Present a Late Claim filed by Constance Ann Ricotta. Motion , second . The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 19, 1997. Action: To approve the staff recommendation to receive and file the Action Minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 19, 1997 • (g) RECOMMENDATION TO RECEIVE AND FILE REPORT ON PROCEDURES USED BY THE POLICE DEPARTMENT CONCERNING DUI ARREST. ye%e/j City Council Minutes 01-14-97 Page 9312 • • Memorandum from City Manager Stephen Burrell dated April 2, 1997. 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 receive and file the report on procedures used by the Police Department concerning DUI arrests. Motion , second . The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE PROPOSED FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) TO CREATE A NEW ELECTED OFFICE OF VICE -CHAIR FINANCE. Memorandum from City Manager Stephen Burrell dated April 3, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5850, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF THE OFFICE OF VICE -CHAIR (FINANCE) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND TO ATTEST THE AMENDMENT." Motion , second . The motion carried by a unanimous vote. -4>/2-44-44) • s c 2- . CONSENT ORDINANCES `7-'3° City Council Minutes 01-14-97 Page 9313 • • (a) `ORDINANCE -NO: 97 -1170 -)"AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 2, 1997. Action: To waive full reading and adopt Ordinance No. 97-1170. i _0 Motio AYES: NOES: second ( 4 Benz, Bowler, Edgerton, Oakes, None Mayor Reviczky 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1( ), ( ), ( ), and ( ) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 31) 4. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE -LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. • 7 Community Development Director Blumenfeld presented the staff report and responded to Council questions. RECOMMENDATION: Continue to the next regularly scheduled City Council meeting to provide time for applicant to respond to City consultant report on proposed drainage plans for project. The public hearing opened at 7:31 P.M. Coming forward to address the Council on this item was: The public hearing closed at 7:./ P.M. Action: To continue this item to the Regular Meeting of April 22, 1997, in order to provide time for the City Council Minutes 01-14-97 Page 9314 • applicant to respond to the City Consultant's report on proposed drainage plans for the project. Motion , second . The motion carried by a unanimous vote. MUNICIPAL MATTERS 5. REOUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE. (Continued from meeting of March 25, 1997) Memorandum from City Manager Stephen Burrell dated March 19, 1997. City Manager Burrell presented the staff report and responded to Council questions. y Public participation opened at ,:t/6 P.M. t71--ir;t --Z ) / /72 0 Public par cip tion closed at 7 :50P.M.�� Qom - t y2/4 lw = rte' RECOMMENDATION: Review the request and CUP 96-15 and make a determination as to whether or not it is a matter of public convenience or necessary and direct City Manager to forward a letter to the Department of Alcohol Beverage Control detailing your action. Action: To make a determination that it is a matter of public convenience or necessity due to .... ...(findings)... ....and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detaiing the City Council action. Motion) second.` The motion carried ot'ng the dissenting votes of "P-°:_ric) City Council Minutes 01-14-97 Page 9315 • 6. YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE. Memorandum from Community Resources Director Mary Rooney dated March 26, 1997. ( ,f41 Community Resources Director Rooney presented the staff report and responded to Council questions. ` Public participation opened at : P.M. /' /-) #44 /'d'), (14>il Public particip ion closId/at P.M. , _,j J�, , 1-7 .-. ) , , ' -•) stl-,1 • RECOMMENDATION: That Council conceptually approve a joint City project to construct a skateboard track at the Triton Oil Site in Redondo Beach. .c ;<- ction: To approve staff recommendation to conceptually approve a joint City project with Redondo Beach to construct a skateboard track at the Triton Oil Site in Redondo Beach. Motion , second The motion carried by a c ty�"--- unanimous votg `5)7‘.4:iff;_, r- ,00149› B --be 7U5 VENDOR BOOTHS IN FRONT OF STORE FRONTS: CITY EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 27, 1997. "" / Community Resources Director Rooney presented the staff report and responded to Council questions. C 7 participation opened at 61:/5 -P.M. /1 '• i l G\` 7 i7V-dy — 2,..1y CiCounc`�1 Mi ty utes 01-14-97 Page 9316 �. e r/ yd Public • .r C .t -4•J 4‘7- Public participation closed at P.M. i,, include vendor booths loc ted in commercial areas e that RECOMMEN ATION: Approve policy to be used for events /Action: To approve the staff recommendation as follows: 1. Vendor booths will be permitted on downtown streets for , ,y special events subject to City Council approval; �� 2. Local merchants shall be given first right to reserve vendor booth space in front of their own store subject to meeting the requirements of each special event. For / L1 commercial events, no fee shall be levied on a business for participating as a street vendor in front of their store; 3. Vendor booths on lower Pier Avenue (west of Hermosa Avenue) shall be restricted to the median area, leaving i the sidewalks available for outdoor dining and other approved uses by store owners; and, 4. Exceptions to this,policy must be approved by the City Council. • Motion • , second The motion carried by a Unanimous vote. f 0, 6,4;,,,,ek.,6,) p ycid 18. DISASTER RELIEF WORKER PROGRAM. Memorandum from Fire Chief Pete Bonano dated March 18, 1997. Fire Chief Bonano presented the staff report and responded to Council questions. Public participation opened at / :3rP.M. Public participation closed at City Council Minutes P.M. 01-14-97 Page 9317 o) l}(1.12•� /72frec-irC-) ,461-/ 76-"Y 2 )@/ -fr15 )Lie//2.1/-/1)0 4 `j ver RECOMMENDATION: Approve the implementation of the • program as proposed beginning fiscal year 97/98. • • Action: To approve the staff recommendation to approve the implementation, beginning fiscal year 1997-98, of the Disaster Relief Worker Program as shown below: 1. approve an initial force of 30 Disaster Relief Workers (DRW) which keeps a manageable span of control for supervision and training. Applicants for the program will be required to be at least 18 years old and residents of Hermosa Beach. All applicants may also be required to submit to a background investigation and provide a physician's release to perform strenuous labor and heavy lifting; 2. require each DRW to provide their own steel toed boots. The City will provide all other safety gear required for the program, i.e. helmets and gloves; 3. require DRWs to attend three hours of training per month covering subjects such as operation of firefighting hose lines, loading and unloading of fire hose from fire apparatus, filling and placement of sandbags for flood control, CPR/first aid training, disaster preparedness at home and work, and lifting and moving of heavy objects using tools and leverage; 4. in addition to the above duties, the future goal of this program is to have DRWs trained throughout the City surveying their neighborhoods for property damage and injuries after a disaster. After this survey the DRW would then report the status of their neighborhood to the City's Emergency Operation Center (EOC), while providing basic first aid to injured neighbors; and, 5.DRWs will be registered through the Office of Emergency Services as Disaster Workers. Registration with OES enables workers to be covered through the State for Workers Compensation Insurance. Motion 0/41e.-, second off, . The motion carried by a unanimous vote. -e-40 /39; /o; y"? 9. REQUEST FOR IN -LIEU PARKING INCENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at /0:5b P.M. City Council Minutes 01-14-97 Page 9318 • • Public participation closed at P.M. Action: To approve the Downtown Business Area Enhancement District Commission recommendation to provide the incentive funds to pay the applicant's in -lieu parking fee for spaces Motion U, seconder The motion carried by a unanimous vote. D.E.C. RECOMMENDATION: To provide the incentive funds to pay the applicant's in -lieu parking fee. 10. IN -LIEU PARKING FEES. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at:P4DP.M. Public participation closed at : P.M. Action: To : Motion , second unanimous vote. RECOMMENDATION: Direct staff as deemed appropriate. City Council Minutes 01-14-97 Page 9319 The motion carried by a • • 11. APPEAL OF DENIAL OF ENCROACHMENT PERMIT - HERMOSA INN HOTEL, 1300 STRAND. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at %%:S0 P.M. Public participation closed at : P.M. Action: To approve the staff recommendation to approve the air space encroachment of a bridge connecting phase one and phase two portions of the project and the building facade trellises, both of which deviate from the established criteria for encroachments and can be granted only by the City Council. Motion �o� , second The motion carried by a unanimous vote. RECOMMENDATION: Approve by minute order the subject encroachment permit appeal. .97/ ,� ` L / / 12. AWARD OF CONTRACT FOR PARKING STRUCTURE DESIGN AND ENGINEERING SERVICES. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. C�1 Public participation opened at /A:5 P.M. Public participation closed at : P.M. City Council Minutes 01-14-97 Page 9320 • Action: To approve the staff recommendation to: 1. Authorize the City Manager to execute a contract with Gordon H. Chong & Partners of San Francisco, to provide Architectural Design And Engineering for the parking structure at Parking Lot C in the amount of $380,000 once an agreement with the County for Prop A funds is signed; 2. Advance $395,200 from the Sewer Fund to Prop A Open space Fund; 3. Appropriate $395,200 from Prop A Open Space Fund to Capital Improvement Program 1624; and, 4. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $395,200 . Motion , second Z-. The motion carried by a unanimous vote. l 13. RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997- • 98. Memorandum from Public Works Director Amy Amirani dated April 3, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. 1;) • Public participation opened at i;L:J$ P.M. eA CO o ) Public participation closed at : P.M. Action: To approve the staff recommendation to adopt the attached Resolution No. 97-856/, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1 OF THE, PART 2 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICE OF LANDSCAPING, STREET LIGHTING AND APPURTEN�iNT City Council Minutes 01-14-97 Page • WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998.", which orders the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 1997 - 1998, and which no longer funds the costs of maintaining and operating park and recreational improvements or landscaping which is not located within parkways or medians. Motion , second The motion carried by a unanimous vote. 14. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Am Amirani dated April 2, 1997. Public ks irector Amirani and responded to Council questions. Public participation opened at •P.W. 1-7--)(7 Of) //7 lic participation closed at : P.M. Pu > ?� �' v • Epc P'cite JP-% ct`ion: To approve the staff recommendation to approve Lower Pier Avenue Streetscape (CIP 94-160) Change Order No. 19, which is Unispec Construction's proposed modifications to the existing project phasing for the Lower Pier Avenue Project and approve changes to time of completion, phasing, incentives and liquidated damages as follows: 1. completion of north and south sidewalks by May 10, 1997, (with $20,000 in incentives awarded for completion by May 5th) rather than March 7, 1997, for southerly sidewalk and March 21, 1997, for northerly sidewalk; 2. completion of the Hermosa/Pier intersection by May 22, 1997, (with $20,000 in incentives awarded for completion by May 16th) rather than April 18, 1997; and, 3. final completion date of May 31, 1997 rather than May 2, 1997. City Council Minutes 01-14-97 Page 9322 • • • Motion , second The motion carried by a unanimous vote. RECOMMENDATION: Approve Unispec Construction's proposed modifications to the existing project phasing for the Lower Pier Avenue Project and approve changes to time of completion, phasing, incentives and liquidated damages. 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. RECOMMENDATION TO SET NEW DATE OF TUESDAY, JUNE 3, 1997 FOR REVIEW OF THE 1997-98 BUDGET. Memorandum from City Manager Stephen Burrell dated March 27, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve new date of Tuesday, 1997-98 budget. Motion , secon unanimous vote. the staff recommendation to set the June 3, 1997, for the review of the d The motion carried by a b. LOCAL GOVERNMENT FINANCE. Manager Stephen Burrell dated City Manager Burrell presented responded to Council questions. Memorandum from City April 2, 1997. the staff report and Action: To approve the staff recommendation to support the package of local government finance as recommended by the Executive Committee of the League of California Cities and to authorize that the Mayor and/or City Manager express the City Council support as necessary during the legislative proces Motion l'.&„pL , second The motion carried by a unanimous vote. RECOMMENDATION: That the City Council support the package of local government finance as recommended by the Executive Committee of the League of California Cities and that the Mayor and/or City Manager be authorized to express the City Council support as necessary during the legislative process. City Council Minutes 01-14-97 Page 9323 A)) • • • • 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 17. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes. Coming forward to address the Council at this time were: - ; a� • • (,,0 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 8, 1997 at . the hour of P.M. to the Regular Meeting of Tuesday, April 22, 1997 at the hour of 7:10 P.M. Deputy City Clerk City Council Minutes 01-14-97 Page 9324 t • • • "Di you are all wrapped up in 8oursel f, you are overdressed" AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, April 8, 1997 - Council Chambers, City Hall 7:10 p.m. MAYOR CITY CLERK J. R. Reviczky Elaine Doerfling MAYOR PRO TEM CITY TREASURER Sam Y. Edgerton . John M. Workman COUNCIL MEMBERS CITY MANAGER Robert Benz Stephen R. Burrell John Bowler CITY ATTORNEY Julie Oakes 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 ANNOUNCEMENTS PROCLAMATIONS: PU 13LIC HEALTH WEEK APRIL 7 14. NATIONAL L1I3RARY WEEK APRIL 10 19,1997 MEDAL OF VALOR WEEK APRIL 14 1E4 1997 ........................................................... 1 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.) Members of the public wishing to request the removal of an item from the Consent Calendar may do so at this time. Please limit comments to one minute. Citizens also may speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; 3) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, 4) 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) COUNCIL COMMENTS (c) WRITTEN COMMUNICATIONS 1. Letter from Howard Longacre dated April 2, 1997 regarding a lack of response by city staff to a previous agendized letter dated February 19, 1997 as directed to be accomplished by the City Council at their meeting of February 25, 1997, and other matters regarding the proposed parking structure. RECOMMENDATION: Receive and file. 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 a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 3, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on March 25. 1997. (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. 2 J (d) Recommendation to authorize the City Manager to negotiate and execute a two -near extension of the -services agreeinenf with HazeIri22 Risk Management Services. Inc�for workers' comiiensation claims administration services. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 24, 1997. • (e) Recommendation to deny Application to Present a Late Claim filed by Constance Ann Ricotta. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 26, 1997. (f) Recommendation to receive and file the action minutes from the Parkst Recreation and Community Resources Advisory Commission meeting of March 19, 1997. (g) (h) Recommendation to receive and file report on procedures used by the Police Department concerning DUI arrest. Memorandum from City Manager Stephen Burrell dated April 2, 1997. Recommendation to approve proposed Amendment to Agreement Establishing the South Bay Cities Council'ofGovernments (A Joint Powers Authority) to create a new elected office of Vice -Chair Finance. Memorandum from City Manager Stephen Burrell dated April 3, 1997. 2. CONSENT ORDINANCES a. ORDINANCE'NO: '97-1170, - "AN ORDINANCE OF THE CITY OF HERMOSABEXCH,-CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 2, 1997. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. 4. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE -LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. RECOMMENDATION: Continue to the next regularly scheduled City Council meeting to provide time for applicant to respond to City consultant report on proposed drainage plans for project. MUNICIPAL MATTERS 5. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE. (Continued from meeting of March 25, 1997) Memorandum from City Manager Stephen Burrell dated March 19, 1997. RECOMMENDATION: Review the request and CUP 96-15 and make a determination as to whether or not it is a matter of public convenience or necessary and direct City Manager to forward a letter to the Department of Alcohol Beverage Control detailing your action. 6. YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE. Memorandum from Community Resources Director Mary Rooney dated March 26, 1997. RECOMMENDATION: That Council conceptually approve a joint City project to construct a skateboard track at the Triton Oil Site in Redondo Beach. 7. VENDOR BOOTHS IN FRONT OF STORE FRONTS: CITY EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 27, 1997. RECOMMENDATION: Approve policy to be used for events that include vendor booths located in commercial areas. 8. DISASTER RELIEF WORKER PROGRAM. Memorandum from Fire Chief Pete Bonano dated March 18, 1997. RECOMMENDATION: Approve the implementation of the program as proposed beginning fiscal year 97/98. 4 9. REOUEST FOR IN -LIEU PARKING INCENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld. D.E.C. RECOMMENDATION: To provide the incentive funds to pay the applicant's in -lieu parking fee. 10. IN -LIEU PARKING FEES. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. RECOMMENDATION: Direct staff as deemed appropriate. 11. APPEAL OF DENIAL OF ENCROACHMENT PERMIT - HERMOSA INN HOTEL, 1300 STRAND. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. RECOMMENDATION: Approve by minute order the subject encroachment permit appeal. 12. AWARD OF CONTRACT FOR PARKING STRUCTURE DESIGN AND ENGINEERING SERVICES. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. RECOMMENDATION: 1) Authorize City Manager to execute contract with Gordon H. Chong & Partners of San Francisco to provide architectural design and engineering services for the parking structure in Lot C in the amount of $380,000 once an agreement with County Prop A is signed; 2) Advance $395,200 from Sewer Fund to Prop A Open Space Fund; 3) Appropriate $395,200 from Prop A Open Space to Capital Improvement Program No. 624 (CIP 624); and, 4) Authorize Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $395,200. 13. 'RESOLUTION `ORDERING'1'HE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997- 98. Memorandum from Public Works Director Amy Amirani dated April 3, 1997. RECOMMENDATION: rAdopfreso1utibn\ 14. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. RECOMMENDATION: Approve Unispec Construction's proposed modifications to the existing project phasing for the Lower Pier Avenue Project and approve changes to time of completion, phasing, incentives and liquidated damages. 5 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. RECOMMENDATION TO SET NEW DATE OF TUESDAY, JUNE 3, 1997 FOR REVIEW OF THE 1997-98 BUDGET. Memorandum from City Manager Stephen Burrell dated March 27, 1997. b. LOCAL GOVERNMENT FINANCE. Memorandum from City Manager Stephen Burrell dated April 2, 1997. RECOMMENDATION: That the City Council support the package of local government finance as recommended by the Executive Committee of the League of California Cities and that the Mayor and/or City Manager be authorized to express the City Council support as necessary during the legislative process. 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 17. O'1'HER MATTERS - CITY COUNCIL NONE CITIZEN COMMENTS Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes. ADJOURNMENT 6 Howard Longacre, 1221 Seventh Place, Hermosa Beach, Ca 90254 Hermosa Beach City Council, City Clerk, City Manager, Public Works Director, and City Attorney c/o City Manager's Office Hermosa Beach City Hall Hermosa Beach, Ca 90254 2 April 1997 RECEIVED APR 11997 CITY 41CR. ^rFICE Kindly place this letter on the agenda of the next regular council meeting, under Written Communications. Thank You. Re: Lack of response by city staff to a previous agendized letter dated 19 Feb 1997 as directed to be accomplished by the City Council at their meeting of 25 Feb 1997, and other matters regarding the proposed parking structure. Honorable Members of the Hermosa Beach City Council: The minutes for agenda consent item 1-h of the 28 January 1997 regular meeting state the following. 1(h) RECOMMENDATION TO AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT WITH GORDON H. CHONG & PARTNERS TO PROVIDE ARCHITECTURAL DESIGN AND ENGINEERING FOR THE PARKING STRUCTURE AT PARKING LOT C IN THE AMOUNT OF $380,000 ONCE AN AGREEMENT WITH COUNTY PROP A IS SIGNED. Memorandum from Public Works Director Amy Amirani dated January 22, 1997. This item was removed from the consent calendar by Councilmember Bowler (for Shirley Cassell and Howard Longacre) for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to council questions. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that the total amount of this contract was $430,000 as $50,000 was available as a contingency amount; said the City should be more careful of its money and not sign this contract before the County had paid; and, Howard Longacre - Hermosa Beach, expressed his concerns as: 1) the staff item contained no paperwork on the other proposals; 2) the ten foot encroachment on 13th Street, questioned the exact area; 3) the possibility of any work being done before the county agreement is finalized; and, 4) the actual contract was not included in the agenda item; asked that this item be continued in order to have more information. Action: To continue this item to the Regular Meeting of February 11, 1997. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. The staff report for the above item(which was continued to a future date) follows here. It speaks to the use of 13th Street on which to build the parking structure. Page 1 of 7 cll H. Longacre to Hermosa Beach City Council 2 April 1997 AWARD OF CONTRACT FOR PARKING STRUCTURE (item 1-h 1/28/97 HB Council) Recommendation: It is recommended that City Council: 1. Authorize the City Manager to execute a contract with Gordon H. Chong & Partners of San Francisco, to provide Architectural Design And Engineering for the parking structure at Parking Lot C in the amount of $380,000 once an agreement with County Prop A is signed. 2. Advance $430,000 from Sewer Fund to Prop A Open space Fund. 3. Appropriate $430,000 from Prop A Open Space to Capital Improvement Program #624. 4. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $430,000. Background: A conceptual parking layout by Walker Consulting Group has estimated 480 parking stalls in a 3 level parking structure with height ranging from 22.5 feet to 30 feet. Access to the parking structure is provided at Fourteenth Court and at Thirteenth Street. This parking structure will acquire 10' of the public right of way along Thirteenth Street. Also, the parking structure will include up to 7,000 square feet of retail use along Hermosa Avenue. Analysis: The City of Hermosa Beach advertised requests for proposals and received 7 proposals by closing day on October 24, 1996. Four of the most qualified firms were selected for presentation and interview by the selection committee consisting of the City Manager, the Public Works Director, the Community Development Director, the Community Resources Director, the Police Chief and the Fire chief. These firms were, 1) Walker Parking Consultants of Newport Beach, CA, 2) The Austin Company of Irvine, CA, 3) Parkitects of Irvine, CA, 4) Gordon Chong of San Francisco, CA. At the conclusion of the interview and negotiation with these firms the committee's decision was to choose Gordon Chong group, which demonstrated design excellence in parking structures, particularly in an urban context. Fiscal Impact: This project is funded by a combination of County Funds and a contribution from a private developer. The hotel development located at the corner of Beach Drive and Thirteenth Street is contributing toward the construction of the parking structure in exchange for 100 parking spaces. Once the City receives the Prop A Open Space funding, the expended Sewer Fund, up to $430,000 will be reimbursed. Contract Amount $380,000 Contingency 50,000 Total Budget $430,000 Page 2 of 7 H. Longacre to Hermosa Beach City Council 2 April 1997 The matter of the architectural and engineering design(the above item), as of this date 2 April, 1997 still has not been returned to the City Council. Further, I have seen nothing in any of the minutes regarding why this item has not been returned. Why has it not returned? Has the city notified all of the companies, especially the finalists, which submitted proposals for the architectural and engineering of the parking structure, of the city's current activities regarding same? Will all of the companies having submitted proposals, be informed of the public meeting time when the council is to award a contract or authorize the city manager to sign such contract, such that they may attend said meeting and make any comments if they so desire? These companies expended time and money to make a proposal for the city's consideration. Is it possible the city has done little or nothing to keep them abreast of the city's plans? This would be a very poor professional way to treat a company having responded to your request for such technical proposal. From some limited research, I have found that this could in fact be the case. Please provide me with a list of the companies that provided proposals for the proposed parking structure or provide me with the name of the city staff person who is authorized to furnish this information to me. The following letter from me, at my request appeared under written communications on the council's agenda for the 25 February 1997 regular meeting. Howard Longacre, 1221 Seventh Place, Hermosa Beach, Ca 90254 Hermosa Beach City Council, City Clerk, City Manager, and City Attorney c/o City Manager's Office Hermosa Beach City Hall Hermosa Beach, Ca 90254 19 February 1997 Kindly place this letter on the agenda of the next regular council meeting, to be 25 February 1997, under Written Communications. Re: Use/Vacation of 10 feet of north side of 13th Street between Hermosa Avenue and Beach Drive on which to construct parking structure. Honorable members of the Hermosa Beach City Council: I remain interested to know when/how the city plans to take action regarding the reduction of width of the 13th street public right-of-way. It does not seem correct that because the city may own zoned parcel(s) next to a right-of-way that they may administratively just decide to build a structure on that right-of-way, in this case to be 30 nominal height for approximately 330 feet of length, without first properly vacating the right-of-way. I thus request that the council obtain and publicly disclose the process required to accomplish that desired regarding the use of the 13th Street right-of-way. Sincerely, Howard Longacre Page 3 of 7 H. Longacre to Hermosa Beach City Council 2 April 1997 And following are the minutes of the Council's 25 February 1997 meeting for the above agendized letter . (c) WRITTEN COMMUNICATION 1. Letter from Howard Longacre dated February 19, 1997 regarding use/vacation of 10 feet of north side of 13th Street between Hermosa Avenue and Beach Drive on which to construct parking structure. Coming forward to address the Council on this item was: Howard Longacre - Hermosa Beach, spoke to his letter and requested information pertaining to the 13th Street right-of-way. Action: To direct staff to respond. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Staff has not responded, and two weeks ago I called the city -manager's secretary and requested that she inform the city manager that I was still waiting for a written response to my agendized letter as per the council's direction. As stated, I have received no response to date. In the above letter I am referring to, the use of the 13th street right-of-way as mentioned in the consent item 1-h staff report(as displayed above) of your 28 January, 1997 Council meeting. The city is planning to use a significant area of this public street on which to build the parking garage. I remain extremely interested in exactly how the city is going to deal with this matter from a legal point of view, and when the city is going to formally include it in the specifications the city has been giving various agencies such as Los Angeles County, and the California Coastal Commission. It is my understanding that an individual owning commercial property adjacent to such a public street can not just arbitrarily erect a concrete structure 30 feet high along 330 feet of that street and out into that street 10 or more feet. That would require substantial discretionary acts by the city to permit same. And certainly not at this location within the coastal zone without the approval of the California Coastal Commission. It would appear to me that the city seems to have perhaps purposely left this significant detail out of its application to the Coastal Commission regarding the parking structure. Having studied the original conceptual of this parking structure, and having an education and degree in civil engineering and computer science, there is no question in my mind that the number of cars, lanes, etc. as proposed for this garage will require space in addition to that provided by the city owned parcel lot -C. Thus why is this being neglected when the city has known from the outset that 13th street was required and was in fact to be used? Have you possibly left this out to avoid doing a legislative act? Is a court going to frown at some of the techniques you appear to be using to accomplish your agenda on the parking garage? Many intelligent people in city, not just those you see at your meetings have these same questions. There are 18,000 plus people in city. Only a tiny percentage of them belong to the Chamber of Commerce business lobby, own property downtown, or have a business downtown. The downtown is in actuality only something that degrades the true quality of the residential bedroom beachfront community which this town is. The downtown is absorbing all discretionary money while the residential community gets scraps and pays most of the bills. The downtown unfortunately Page 4 of 7 0 H. Longacre to Hermosa Beach City Council 2 April 1997 does not pay its way, probably never will. Its a big sponge. The Chamber makes more money in its 6 days of trinket selling than the city makes from sales tax downtown for the whole year. Is anyone on council going to insist that all aspects of this controversial parking garage project be done to the letter of the law, or is the law in Hermosa Beach to be abused, with the people and agencies deceived? Is that the plan? If so is that an honorable way to do things? Are you only taking inputs from your downtown friends or those who perhaps have not been made aware of all the facts in this matter? Many very intelligent people in town wonder why you would want to do something as stupid as building this parking garage and why you want to ignore the referendum on your action as if it did not exist, when you know for a fact how enthusiastic your town's people were to sign it, and with your city attorney probably telling you in private anything is possible when a court looks at it. If a court does find that it is valid the people are sure not going to forget that you tried to ignore it and in fact ignore them. You've now admitted you are afraid of your own constituents. Afraid of their vote. Your so called revitalization has happened without doing anything but removing parking requirements and by permitting alcohol here there and everywhere. The construction you are doing to build the lower Pier Avenue beer garden is being paid for mostly through the taxing of all the people for the benefit of a handful of mostly alcohol businesses and their landlords. But the resulting influx of people, cars and cabs at all hours will surely do great damage to this town for everyone in the end. It has happened in other coastal cities and you are making it happen here. The California Coastal Commission was put into action by a vote of the people to prevent just what you are now using them to accomplish. Just like the people voted Prop -A parks funds are being misused to build what clearly is a $4.5 million garage for downtown alcohol patrons, the California Coastal Commission will be misused to approve this so called beach access thing. Such pathetic outright distortions of facts I personally have never seen up close first hand. You on the council should be very concerned when you are not going the extra mile to make sure the people support you. The people of your city don't support you on this parking garage. That is for sure. And even if only 50%+1 don't support you, then they don't support you, but you all know its a lot more who don't support you. Its a good feeling when you know you are on the right side and don't have to fool the people. If you on council believe you are on the right side, so be it. You are not. You on council know beyond a shadow of doubt that you are not representing the people of Hermosa Beach on this parking garage or for that matter many, many things, such as raising and then misspending our lighting assessments, or raising the utility tax to include long distance phone charges. Your council truly is the biggest tax and misspend city council Hermosa Beach has ever had. You would have put the parking garage on the ballot in an instant, at any cost, if you thought the people would approve it. Councilmember Edgerton would not have made his little demagoguery ploy of saying "Madam Clerk, how much will it cost to put the referendum on the ballot?" Clerk in reply "$About $15,000 for the first ballot item", Edgerton "Thank you". Mr. Edgerton does not get it. You either put it on the ballot because there is a valid reason to, Page 5 of 7 H. Longacre to Hermosa Beach City Council 2 April 1997 or it is the right thing to do, or you don't. It has nothing to do with the 80 cents per resident cost. But instead Mr. Edgerton shows his total lack of sound judgment by trying the demagoguery. He fools no one. This kind of showmanship comes across to the public as shallow and phony. In not representing the people of your city, by not making absolutely sure you know what the public's view is, you on council are now operating on a very slippery slope. I remind you again of that little saying which goes, "All glory is fleeting". Please, please do not ever say the people voted for you to do this or that. We all understand the nature of city council elections in general law cities. They are confusing to the public at best, especially elections here where people actually will not consider running just knowing who they will have to sit with. Very sad but true. That is probably why our Hermosa councils are so bothered by referendums, initiatives, or even recalls as these things really do show where peoples views are, unlike the pick 2 or 3 from the 8 to 12 council candidates that may run. Council elections here seem to very poorly indicate the views of the people on a particular issue for some unfortunate reason. Then there are the many politicians who have ended up in jail, or who have been kicked out of office in disgrace who made the statement "I was elected to do this or that", or "I'm not a crook". Or "I was elected to take strong stands". That's pure baloney and many before you have said the same thing here in Hermosa Beach. Very unoriginal. This is a small town. All you have to do, is to do what is right. Your job is to represent the people, not yourselves, and a lobby group representing pure money self -interests and one which Councilmember Bowler is a major director of, even while he sits on council with the paid Hermosa Chamber lady from Redondo Beach, who he helps set the salary for, speaking before him and the council all the time. Further on the matter of 13th street, as stated by Councilwoman Oakes at your 28 January 1997 meeting on the item regarding the Bijou theater moratorium for historical study, the city is negotiating either singularly or in concert with the owner of the Bijou, to possibly demolish the rear theater structure and replace same with a 3 to 6-plex movie theater. This would also be built on the parking lot referred to as lot -B that is immediately to the south of parking lot - C. Has the city made the Coastal Commission aware of this city plan to remove permanently the lot -B parking lot in such scenario, and also to possibly remove from through service 13th street itself? Will lot -B be maintained or is it up for grabs? Please provide me with information regarding the status of the city's theater negotiation, how many councilmembers are aware of this negotiation, and what involvement each may play in any such negotiation. I would also like to know if there has been any public request for proposals on this matter by the city, or whether this is being handled in private with one particular entity being given an inside track on the matter. If so is this legal? If the city is involved with a private commercial property owner and there has been no public action taken then there should be full disclosure as to what is going on. I request that the council bring this theater matter more fully out in the open. If there is some kind of negotiation going on then the council should appoint a sub -committee of two council members to follow the matter and report to all other members only at a public meeting. Page 6 of 7 H. Longacre to Hermosa Beach City Council 2 April 1997 It appears that many significant actions are being accomplished with the council, all 5 members acting in concert, seemingly from private advance discussion. Even if the city manager is passing information to all of you individually and getting your responses in an iterative manner, this would be in actuality a serial meeting. The council does not have the legal right to be having any type of non-public serial meetings and especially on such significant things as the above. If you are doing this then you are violating the law and would be insulting this city's residents. Another gentleman who resides outside the city but who has substantial business interests in city, and who also has significant business experience with bid processes, indicated strongly in the last Hermosa Beach Parks and Recreation Commission meeting that he does not have much faith in the bid processes of our city's public works department. Comments by this person who again has long term experience with the city and long term business experience should not be ignored. Have you on council been made aware of his profound statement regarding his lack of faith in the bid processes of the city's public works department as made on the record in this recent commission meeting? Is he correct in his lack of faith as indicated? I see no reason why he would state this if he didn't feel strongly based on some empirical evidence he might have. I request that the council again direct the city staff to carry out the action your body took at the 25 February 1997 meeting regarding my questions, and provide me with a response to each of my questions contained herein also. I request that the staff responses, whether brief or detailed, be mailed to me at the earliest time. I have had to wait too long as it is. I note that it takes only one day for city mail to reach my home. The city is welcome to respond to the questions I present here prior to the meeting and I would appreciate even more being able to so indicate that my questions have been replied to satisfactorily prior to the meeting. I also request that you reconsider your decision of last meeting and immediately move to place on the November ballot that matter as per the referendum. You should not wait until it is evident to you that you will have to do this anyway. There is no way you are going to get this parking garage built any faster. Better to have faith in the citizens of this city, for if you do not you may be forced out in disgrace. If you can not sell the citizens your parking garage in an election, then you best not even consider building it. You have nothing to loose by an election. You will loose either way if the people do not want that garage. That you can take to the bank. Notwithstanding any immediate reply to my questions herein, I do request that this letter be placed on the council's agenda as so noted above. Sincerely, Howard Longacre CC California Coastal Commission, other interested parties. Page 7 of 7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 25, 1997, at the hour of 7:13 P.M. PLEDGE OF ALLEGIANCE - Rick Hankus, Chamber President ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that Vasek Polak had been seriously injured while in Europe and expressed the Council's concern .and good wishes for his recovery. Mr. Reviczky also announced that the Hermosa Beach Sister City of Loreto, Mexico was celebrating its 300th birthday over the week -end of October 24-26, 1997, and encouraged anyone considering a trip there at that time to make reservations soon as hotels and airlines were being booked -up, and, said the Hermosa Beach Sister City was planning a combined birthday celebration for July 26, 1997, with additional information available through the Community Resources Department at 318-0280. Councilmember Bowler said that he would be spending the next day in "jail" for the Muscular Dystrophy Association and urged friends to send "bail" contributions if called. PUBLIC PARTICIPATION: . (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Maurice Bodet - Hermosa Beach, outlined a plan, through rewards and incentives, to encourage people to move the accumulated "things" from their garages in order to provide the automobile parking that would make more street parking available; and, John Burt - 1152 Seventh Street, asked that item 1(e) be removed from the consent calendar. (b) COUNCIL COMMENTS: The consensus of the Council was in support of Mr. Bodet's plan and staff was directed to explore the feasibility of creating something of this type and to report back to Council. (c) WRITTEN COMMUNICATION 1. Letter from Danny Eckersley dated March 18, 1997 regarding an incident involving a Hermosa Beach Police Officer. Coming forward to address the Council on this item was: City Council Minutes 03-25-97 Page 9370 a Danny Eckerslev - 1063 Tenth Street, spoke to his letter; submitted information. Action: To direct staff to investigate if the City has a common policy regarding DUI procedure and report back. Motion Bowler, second Oakes. The motion carried by a unanimous vote. City Manager Burrell stated that a faxed communication from Howard Longacre had been received shortly before the meeting tonight. Action: To receive and file the faxed communication from Howard Longacre. Motion Benz, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (d) Benz, (e) Mayor Reviczky at the request of John Burt, (f) Edgerton and (j) Edgerton Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on March 11, 1997. Action: To approve the staff recommendation to approve the minutes of the Regular Meeting of March 11, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9651 THROUGH 9830, NOTING VOIDED CHECK NO. 9685, AND TO APPROVE CANCELLATION OF CHECK NOS. 9158, 9555, 9709 AND 9721 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting to question certain checks relating to disability and worker's compensation payments. This item was heard at 11:05 P.M. City Manager Stephen Burrell and Risk Manager Robert Blackwood responded to council questions. City Council Minutes 03-25-97 Page 9371 Action: To approve the staff recommendation to ratify the check register as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To approve the staff recommendation to receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY, 1997. FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding plan check expenses. City Manager Burrell clarified that there was no set monthly payment as the expense was a per item expense. Action: To approve the staff recommendation to receive and file the February, 1997, Financial Reports as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (e) RECOMMENDATION TO APPROVE PURCHASE OF DICTAPHONE NETWORK GUARDIAN DIGITAL RECORDING SYSTEM FOR THE POLICE AND FIRE COMMUNICATIONS CENTER. (Continued from the meeting of 2/25/97.) Memorandum from Police Chief Val Straser dated March 18, 1997. This item was removed from the consent calendar by Mayor Reviczky (at the request of John Burt) for separate discussion later in the meeting. Coming forward to address the Council on this item was: John Burt - 1152 Seventh street, spoke in opposition to this purchase. Police Chief Straser responded, giving reasons that detailed the need for the purchase. Action: To approve the staff recommendation to: 1. Approve the purchase of a new digital recording system for the police and fire communications center from the Dictaphone Corporation at a minimum contract cost of $26,015; and, 2. Approve contract purchase based upon the State of California Multiple Award Schedule with the Dictaphone Corporation, contract number: 3 -96 -58 - City Council Minutes 03-25-97 Page 9372 0020B, and authorize the expenditure of up to $30,767 to include tax and contingencies. Motion Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE THE LIST OF RECOMMENDED IMPROVEMENTS FOR HERMOSA VALLEY PARK AND DIRECT PUBLIC WORKS STAFF TO RETURN TO COUNCIL WITH AN RFP TO HIRE A LANDSCAPE ARCHITECT TO DEVELOP A SCHEMATIC DESIGN FOR THE PARK IMPROVEMENTS. Memorandum from Community Resources Director Mary Rooney dated March 10, 1997. This item was removed from- the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item were: Kathy Dunbabin - Parks, Recreation and Community Resources Advisory Commissioner, explained the reasoning of the Commission for certain items on the list and thanked the Council for its interest, input and suggestions; and, Betty Martin - 27th Street, questioned if the community information -gathering meetings would still be held as she knew of many people who wished to speak at these meetings; said that many neighborhood residents wanted the round cement pad to remain as it provided a highly visible area for their toddlers to ride tricycles, etc. Proposed Action: To refer the list back to the Commission with the Council comments. Motion Benz, second Oakes. The motion was withdrawn by the maker and the second. Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to 1. Tentatively approve the list of recommended improvements for Hermosa Valley Park, with the direction that the Council's comments and suggestions be considered by the Commission and a more comprehensive list brought back to the Council for final approval after public meeting input is received. The list includes the following: • Restrooms; Remove existing restrooms and relocate or build new restrooms - Council consensus was that restrooms badly needed renovation but questioned why they needed to be relocated; • Walkways; Renovate to create 10' - 12' wide walkways throughout the park - Council was strongly City Council Minutes 03-25-97 Page 9373 opposed to walkways of that width in the park, suggested that if paths were needed at all, that they be much narrower and suggested that asphalt be used as it was less obtrusive to the landscaped areas; • Landscaping; Plant mature trees around the sports field (note: area leased from School District), and improve park perimeter with fence or landscaping; • Basketball Court; Remove existing court and plant grass and consider: i. if needed then relocate to other park area or ii. if other type of sports court needed, e.g. Tennis Court - Council was strongly in opposition to the removal of the basketball court; • Picnic Facilities; Renovate picnic areas and equipment. Install additional tables and benches; • Cement area (northwest side); Remove - Council asked that public input be considered for possible relocation or retention; and, • Irrigation; Design and renovate sprinkler system as needed; and, 2. Direct Public Works staff to return to Council with an RFP to hire a landscape architect to develop a schematic design for the park improvements. Motion Benz, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO APPROVE FEE REDUCTION AND FEE WAIVER FOR FILMING OF DOCUMENTARY ON LOS ANGELES COUNTY LIFEGUARDS. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997. Action: To approve the staff recommendation to 1. Reduce City location fees from $770.60 per day to $100.00 per day for Turner Broadcasting who will be filming a documentary about LA County Lifeguards on various locations on the beach and City from April 5 - September 1, 1997; and 2. Waive the permit processing fee of $330.40; and 3. Require that the LA County Lifeguards monitor the filming activity; and 4. Direct staff to process a single permit for the 5 - month period which will require the County Lifeguards and/or Turner Broadcasting to notify the Community Resources Department of filming activities by telephone to determine if any conflicts exist. (h) RECOMMENDATION TO APPROVE THE USE OF THE PIER AND BEACH NORTH OF THE PIER BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL PREVIEW SCHEDULED FOR THURSDAY, APRIL 24, 1997 AND AUTHORIZE MAYOR TO EXECUTE CONTRACT. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997. City Council Minutes 03-25-97 Page 9374 Action: To approve the staff recommendation to: 1. Approve the use of the Pier and beach north of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival Preview scheduled for Thursday, April 24, 1997 from 6:00 to 10:00 p.m. and, 2. Authorize the Mayor to sign the attached contract. (i) Recommendation to authorise the Citv Manager to negotiate a change to an existing contract with award of the construction of the Palm Drive sewer to either Unispec Construction of Los Angeles or W. C. Rasic Construction for an amount not to exceed $75,000. Memorandum from Public Works Director Amy Amirani dated March 20, 1997. Action: To approve the staff recommendation to 1. Authorize the City Manager to negotiate a change to an existing City contract with award of the construction of the Palm Drive sewer to either Unispec Construction of Los Angeles or W.C. Rasic Construction for an amount not to exceed $75,000. 2. Appropriate $75,000 from sewer fund to the Lower Pier Avenue Streetscape project (CIP 94-160) for the redesign, replacement and extension of the Palm Drive sewer from Pier Avenue to 14th Street, reconstruction of the manhole at 14th and Palm, removal of the manhole at Pier and Hermosa and reconnection of the laterals to the existing recently installed Hermosa Avenue sewer line. (j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON MARCH 18, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. This item was heard at 11:10 P.M. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting held on March 18, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE REPORT FROM CITY CLERK ELAINE DOERFLING ON REVIEW OF VIDEO/AUDIO TAPES OF THE FEBRUARY 13, 1996 CITY COUNCIL MEETING TO ASCERTAIN ACCURACY OF MINUTES FROM THAT MEETING ON THE BEACH MARKET ITEM. Action: To approve the staff recommendation to receive and file the report. 2. CONSENT ORDINANCES - None City Council Minutes 03-25-97 Page 9375 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE PISCUSSION Items 1(b), (d), (e), (f) and• (j) 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. At 7:47 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4, and noting that items 1(b) and (j) were still to be heard. PUBLIC HEARINGS 4. GENERAL PLAN AMENDMENT FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD). ZONE CHANGE FROM C-2 TO R-2, OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 64 - 1OTH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997, with Ordinance for introduction and waiver of full reading. Community Development Director Blumenfeld presented the staff report and responded .to Council questions. The public hearing opened at 7:56 P.M. Coming forward to address the Council on this item were: Joseph Di Monda - Project architect and attorney, spoke representing the property owners; said the house was 70 years old and needed improvements that could not be made under the current zoning; said that this improvement would also provide four parking spaces that were badly needed in the area; and, Rick Hankus - Chamber President, asked that the zone change not be made as this was one of the few undeveloped commercial areas in the downtown. The public hearing closed at 8:01 P.M. Action: To receive and file the proposed General Plan amendment, thus denying the request. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Oakes. Councilmember Benz requested that staff investigate and return with a method to use a Conditional Use Permit to allow residential use in a commercial zone 5. GENERAL PLAN AMENDMENT TO AMEND THE CIRCULATION ELEMENT TO RE-ROUTE THE SEGMENT OF THE COASTAL BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from City Council Minutes 03-25-97 Page 9376 Community Development Director Sol Blumenfeld dated March 18, 1997, with a supplemental resolution submitted prior to the meeting. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item was: Alyse Laemmle - 2840 The Strand, spoke in support of having the bike path continue on the Strand to the northern City boundary and said that she regretted signing the earlier petition to keep the bike path on Hermosa Avenue rather than on the Strand; spoke of the deteriorating condition of the Strand and the dangers of trying to cross Hermosa Avenue with speeding bicycles having the right-of-way over pedestrians or automobiles; Jim Hamilton - 3417 The Strand, submitted informal petitions in opposition to changes in the bike path; said that he was not opposed to having the bike path continue on the Stand except that he would like a further separation from the Manhattan bike path to lessen the chance of accidents and to ensure that southbound racing bicyclers reduced their speed before entering our multi -use Strand; John Burt - 1152 Seventh Street, spoke of deed restrictions on the beach; John Hales - 624 Eighth Place, said he has been using the Strand for over 30 years and had noticed that people tended to congregated at the waters edge or on the eastern side of the beach near the wall, which left the middle of the beach wide open; said that he would like to see a meandering bike path out on the sand as they had in Venice and Marina del Rey; Margie Fish - 3332 The Strand, Thanked the Council for taking -up this issue; spoke of the problems with the deterioration of the Strand; and, Donley Falkenstien - Manhattan Avenue, asked that the Council not agree to any additional pavement on the beach. The public hearing closed at 8:35 P.M. Action: To adopt the supplemental Resolution No. 5848, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE CIRCULATION, TRANSPORTATION AND PARKING ELEMENT OF THE GENERAL PLAN TO INCLUDE THE STRAND IN THE BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR SAID GENERAL PLAN AMENDMENT.", with the understanding that the resolution City Council Minutes 03-25-97 Page 9377 would delete all wording regarding a connection to the Manhattan Beach bicycle path. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 6. GENERAL PLAN AMENDMENT: WATER CONSERVATION PLAN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:50 R.M. As no one came forward to address the Council on this item the public hearing closed at 8:50 P.M. Action: To adopt Resolution No. 5849, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN CONSERVATION ELEMENT TO INCLUDE THE DROUGHT -PROOF 2000 WATER CONSERVATION PLAN PREPARED BY WEST BASIN MUNICIPAL WATER DISTRICT.", as mandated by California State Senate Bill 901. And, to direct staff to develop and return with an ordinance for Council consideration to encompass the residential use of gray water for non -potable garden irrigation. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:55 P.M. The meeting reconvened at the hour of 9:13 P.M. and suspended the order of the agenda to hear item 9. MUNICIPAL MATTERS 7. AMENDMENTS TO THE PROPOSED SMALL LOT EXCEPTION TO OPEN SPACE REOUIREMENTS IN THE R-1 ZONE TO ALLOW 10% MARGIN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Motion: To waive full reading and introduce Ordinance No. 97-1170, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2.100 SOUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Edgerton, second Oakes. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None City Council Minutes 03-25-97 Page 9378 8. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF PETITION TO PROTEST PASSAGE OF COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN COUNTY OF LOS ANGELES AND THE CITY. Memorandum from City Clerk Elaine Doerfling dated March 19, 1997 and letter from City Attorney Michael Jenkins dated March 20, 1997. City Attorney Jenkins gave his opinion to the Council and responded to Council questions. Deputy City Clerk Naoma Valdes responded to Council questions and said that a ballot measure cost had been cited by the County as $15,000 for the first measure.. Coming forward to address the Council on this item were: parker Herriott - Hermosa Beach, disagreed with the City Attorney saying that this was the opinion of only one City Attorney; spoke in favor of the referendum; Donley Falkenstien - Manhattan Avenue, said the parking structure was just for the businesses and not for the residents; spoke in favor of the referendum; Jim Lissner - El Oeste Drive, said he was a circulator of the referendum; said that the State Constitution reserved the right to referendum for the people; asked that the referendum go to a vote of the people; Kathleen Midstokke - Hermosa Beach, circulator and proponent of the referendum, claimed the City Clerk had deliberately delayed the signature verification and had failed to give her written notice; listed her disagreements with the opinion of the City Attorney and asked that the referendum go to a vote of the people; Missy Sheldon - 1800 The Strand, said that as both a resident and a business owner she supported the parking structure and the agreement with the County; said that she felt there had been false information given to signers of the petition and urged the Council to reject placing the referendum on the ballot; Rick Hankus - resident and business owner, spoke in support of the parking structure saying that it could help save the Bijou as any prospective buyer would not consider Theatre use without adequate parking, could help nearby residents find parking closer to their homes; and could provide a place for visitors to park; John Burt - 1152 Seventh Street, spoke in support of the parking structure; Gary Wayland - Vision Hermosa, said that he supported the City Attorney, supported the City Attorney's opinion and supported the City Council's action; City Council Minutes 03-25-97 Page 9379 Gary Crumm - Los Angeles County Lifeguard, said that it was now safe to come into downtown Hermosa since the "biker bars" had been replaced with upscale businesses; said that he had heard circulators of the referendum saying things that were not accurate; spoke in support of the Council; and, Michael Hapke - resident without a garage, said that he paid $150 per month in parking tickets and was definitely in favor of the parking structure. City Attorney Jenkins responded to -Council questions and said that nothing he had heard from the proponents of the referendum had caused a change in his opinion. Mr. Jenkins continued by saying that the use of Proposition A funds was appropriate as the beach was a regional park and that providing more parking would allow more people to use the beach therefore it was a suitable use for those funds. He also said that this contract did not set public policy but was nothing more than a financing agreement that had been discussed many times in the past. Action: To receive and file the report. Motion Benz, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 10:36 P.M. The meeting reconvened at 10:52 P.M. and went to item 10. 9. MUNICIPAL PIER RENOVATION - APPROVAL OF DESIGN - Memorandum from Public Works Director Amy Amirani dated March 20, 1997. This item was heard at 9:14 P.M. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Paul Zajfen - Architects, spoke regarding the designs presented on renderings shown to the Council. Action: To approve alternative II, which includes costs for: 1. Pier Structural Retrofit Costs $ 680,000 2. Plaza, Lifeguard, and Deck $ 1,620,000 3. Lighting, and Handrail $ 920,000 4. Benches, Utilities and Gates $ 200,000 5. Overhead and Profit $ 243,000 6. Contingencies $ 162,000 7. Architecture and Engineering $ 241,500 for additional work on design $....80,700 8. Inspection and Management $ 200.000 City Council Minutes 03-25-97 Page 9380 Total Cost Alternative II: With funding coming from the following: 1. Proposition A, 1994 2. Proposition A, 1996 3. County Lifeguard Building Repairs 4. County Lifeguard Plaza, 911 Upgrades 5. FEMA, Northridge Earthquake Mitigation 6. Coastal Conservancy Grant 7. Sewer Fund 8. Lighting Fund 9. Park and Recreation Fund $ 4,347,200 $ 1,500,000 $ 1,000,000 $ 500,000 $ 700,000 $ 90,000 $ 200,000 $ 100,000 $ 100,000 $ 200.000 Total Suggested Funding $ 4,390,000 Motion Edgerton, second Benz.• The motion carried by a unanimous vote. At the hour of 9:38 P.M. the order of the agenda was moved to item 7. 10. CITY HALL COMPLEX RENOVATIONS. Chief Pete Bonano dated March 7, Fire Chief Bonano presented responded to Council questions. 1. Appropriate the following funds for 1997-98 to CIP 622 for City Hall Complex renovations: Building Improvement Fund $130,000 Asset Forfeiture Fund 53,000 Equipment Replacement Fund 83,000 General Fund 117.000 For a total of $383,000 2. Amend the existing contract with Gillis & Associates Architects to include an additional $13,575 due to an increase in the scope of the project. 3. Direct Staff to make appropriate amendments to the existing ADA plan to facilitate the renovations as follows: • Council Chambers $193,797 Memorandum from Fire 1997. the staff report and • Front Entry • Second Floor • Public Works • Fire Station Admin. • Elevator, Bathrooms, etc. • Estimated Total $693,743 With the understanding that Council previously appropriated '$310,743 for CIP 622, which added to the $383,000, as recommended by staff in section 1, provides the $693,743 required for the renovations. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 36,533 105,380 109,747 96,431 151.855 At the hour of 11:05 P.M. the order of the agenda was returned to item 3 to hear item 1(b) and 1(j). City Council Minutes 03-25-97 Page 9381 11. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE. Memorandum •from City Manager Stephen Burrell dated March 19, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: Mayor Reviczky directed, with the consensus of the Council, that this item be continued to the meeting of April 8, 1997, in order for the applicant to be present. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SB1310 - VOTER SALES TAX OPTION. Memorandum from City Manager Stephen Burrell dated March 10, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To authorize a letter of support for SB1310 and direct staff to follow all four items of the bill and express the City's support when appropriate during the legislative process. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 14. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Reviczky for discussion of council policy regarding the in lieu Barking program and fund. Staff report from City Manager Stephen Burrell from City Council meeting of March 11, 1997. Mayor Reviczky spoke to his request. City Attorney Jenkins responded to Council questions saying that the Council could make a decision to grandfather a project if and when it came before them. Action: To direct staff to place the in -lieu parking program, with staff recommendations, on a future agenda. Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton. b. Request from Councilmember Benz for discussion of booths in front of store fronts during special events. Memorandum from Councilmember Benz dated March 19, 1997. City Council Minutes 03-25-97 Page 9382 Councilmember Benz spoke to his request. Action: To place this item on a future agenda in order for the Council to consider creating a policy regarding outside vendors having booths in front of store fronts during special events. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Mayor Reviczky. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, spoke of his safety concerns in regard to the traffic signal at Aviation and Prospect; and, thanked the Council for its support of the parking structure; Gregory Allen - Partner in Shark's Cove & Club Sushi, said that he was confused by the in -lieu parking program and what the rules were; asked for clarification regarding entitlement and its application to everyone equally; and, Jim Lissner - El Oeste Drive, spoke to disagree with statements made by the Council during item 8. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 25, 1997 at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, April 8, 1997 at the hour of 7:10 P.M. jaff1016- Deputy City Clerk City Council Minutes 03-25-97 Page 9383 VOUCHRE2 CITY OF HERMOSA BEACH 03/19/97 16:31 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9831 •03/19/97 007898 UNISPEC CONSTRUCTION PROG PMT 2/LOWER PIER PROJ 109-8160-4201 144,700.94 PROG PMT 2/LOWER PIER PROJ 150-8160-4201 286,837.00 431,537.94 TOTAL CHECKS 431,537.94 1b VOUCHRE2 CITY OF HERMOSA BEACH 03/19/97 16:31 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE. AMOUNT 109 DOWNTOWN ENHANCEMENT FUND 144,700.94 150 GRANTS FUND 286,837.00 TOTAL 431,537.94 2 - PAGE 2 VOUCHRE2 03/20/97 08:30 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9832 03/20/97 000243 HERMOSA BEACH PAYROLL A PAYROLL/3-1 TO 3-15-97 001-1103 209,219.83 PAYROLL/3-1 TO 3-15-97 105-1103 6,500.47 PAYROLL/3-1 TO 3-15-97 109-1103 565.77 PAYROLL/3-1 TO 3-15-97 110-1103 24,051.20 PAYROLL/3-1 TO 3-15-97 117-1103 634.53 PAYROLL/3-1 TO 3-15-97 126-1103 124.85 PAYROLL/3-1 TO 3-15-97 145-1103 1,148.76 PAYROLL/3-1 TO 3-15-97 152-1103 130.04 PAYROLL/3-1 TO 3-15-97 160-1103 7,269.39 PAYROLL/3-1 TO 3-15-97 705-1103 2,726.59 PAYROLL/3-1 TO 3-15-97 715-1103 2,639.32 255,010.75 9833 03/20/97 000026 PUB EMPLOYEES RETIREMEN RETIREMENT/3-1 TO 3-15-97 001-2033 42,433.53 RETIREMENT/3-1 TO 3-15-97 105-2033 984.81 RETIREMENT/3-1 TO 3-15-97 109-2033 98.60 RETIREMENT/3-1 TO 3-15-97 110-2033 3,536.37 RETIREMENT/3-1 TO 3-15-97 117-2033 86.86 RETIREMENT/3-1 TO 3-15-97 160-2033 1,083.29 RETIREMENT/3-1 TO 3-15-97 705-2033 294.49 RETIREMENT/3-1 TO 3-15-97 715-2033 417.98 RETIREMENT/3-1 TO 3-15-97 001-3915 16,670.48- 32,265.45 TOTAL CHECKS 287,276.20 3 VOUCHRE2 CITY OF HERMOSA BEACH 03/20/97 08:30 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 234,982.88 105 LIGHTG/LANDSCAPG DIST FUND 7,485.28 109 DOWNTOWN ENHANCEMENT FUND 664.37 110 PARKING FUND 27,587.57 117 AB939 FUND 721.39 126 4% UTILITY USERS TAX FUND 124.85 145 PROPOSITION 'A FUND 1,148.76 152 AIR QUALITY MGMT DIST FUND 130.04 160 SEWER FUND 8,352.68 705 INSURANCE FUND 3,021.08 715 EQUIPMENT REPLACEMENT FUND 3,057.30 TOTAL 287,276.20 Li PAGE 2 VOUCHRE2 03/20/97 14:44 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9834 03/20/97 006257 CATALINA CRUISES, LONG BALANCE DUE/WHALE WATCH TRIP 001-4601-4201 70.00 70.00 TOTAL CHECKS 70.00 VOUCHRE2 CITY OF HERMOSA BEACH 03/20/97 14:44 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 70.00 TOTAL 70.00 PAGE 2 VOUCHRE2 03/26/97 11:14 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9835 03/26/97 000317 LEAGUE OF CALIFORNIA CI SEMINAR REG/M. ROONEY 001-4601-4317 150.00 150.00 TOTAL CHECKS 150.00 VOUCHRE2 CITY OF HERMOSA BEACH 03/26/97 11:14 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 150.00 TOTAL 150.00 PAGE 2 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 14:12 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9836 03/27/97 007994 MICHAEL HESS WITNESS RELOCATION EXPENSES 001-2101-4201 2,223.08 2,223.08 9837 03/27/97 005107 OWNERSHIP LISTING SERVI 300' NOTICING/532-540 20TH 001-1121-4323 48.38 48.38 TOTAL CHECKS _ 2,271.46 9 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 14:12 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 2,271.46 TOTAL 2,271.46 I0 PAGE 2 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS ---> VOID CHECKS CHECK NUMBERS COMMENTS 009918 VOID PAGE 1 VOUCHRE2 03/27/97 16:17 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME 9838 03/27/97 000003 ADVANCE ELEVATOR 9839 03/27/97 000935 ADVANCED ELECTRONICS 9840 03/27/97 007839 ALL PRO FENCE 9841 03/27/97 004792 PHILLIP ANTHONY 9842 03/27/97 007775 AON RISK SERVICES OF 9843 03/27/97 007991 AARON BENZENBOWER 9844 03/27/97 007985 DAVID BOLENDER 9845 03/27/97 007976 STEVE BOYD 9846 03/27/97 006907 WILLIAM BRUCE CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ELEVATOR MAINT./MAR 97 RADIO MAINT/DEC 96 RADIO MAINT/FEB 97 RADIO MAINT/FEB 97 RADIO MAINT/FEB 97 REPAIR PRINTER/FIRE DISPATCH RADIO MAINT/MAR 97 RADIO MAINT/MAR 97 RADIO MAINT/MAR 97 RINK FENCE REPAIR/S PARK ASSESSMENT TAX REFUND INS POLICY - 3/13/97-3/13/98 SCOREKEEPER/ADULT B -BALL REFUND OF OVERPAYMENT OF CITE REFUND OF OVERPAYMENT OF CITE ASSESSMENT TAX REFUND 9847 03/27/97 001796 CALIF PEACE OFFICERS AS MEMBERSHIP FEE FOR M. LAVIN ANNUAL DUES FOR CHIEF/POA 9848 03/27/97 005914 CALIFORNIA BANNER & SIG NAME TAGS & PASSPORT SIGNS 9849 03/27/97 000590 CALIFORNIA SOCIETY OF M ANNUAL MEMBERSHIP DUES 9850 03/27/97 007990 STATE OF CALIFORNIA 9851 03/27/97 000332 CRAIG CASNER 9852 03/27/97 000014 CHAMPION CHEVROLET 9853 03/27/97 007977 9854 03/27/97 007975 9855 03/27/97 004534 9856 03/27/97 007988 9857 03/27/97 000041 JOSEPH CHIANG CITY OF COVINA CMP SUPPLY COMPANY JOYCE COLE VIKI COPELAND STATE ELEVATOR INSP. FEE DEPOSIT REFUND DEALER AUTO PARTS/FEB 97 DEALER AUTO PARTS/FEB 97 DEALER AUTO PARTS/FEB97 DEALER AUTO PARTS/FEB 97 DEALER AUTO REPAIR/FEB 97 REFUND DISMISSAL OF CITE CC ACTION FOR SB1977 1/28/97 LASER PRINTER TONER ASSESSMENT TAX REFUND REIMBURSE TRAVEL EXPENSE/V. CO I Z. ACCOUNT NUMBER 001-4204-4201 110-3302-4307" 110-3302-4307 001-2101-4201 001-2201-4201 001-2201-4309 110-3302-4307 001-2101-4201 001-2201-4201 001-4202-4201 105-3105 001-3881 001-2110 110-3302 110-3302 105-3105 001-2101-4317 001-2101-4317 001-2201-4305 001-1141-4315 001-4204-4201 001-2110 715-3302-4311 715-4601-4311 715-2101-4311 715-2101-4311 715-3302-4311 110-3302 001-1101-4201 001-1206-4305 105-3105 001-1202-4317 ITEM AMOUNT 100.00 352.50 352.50 2,131.70 178.50 191.55 352.50 2,131.70 178.50 1,120.00 37.98 500.00 30.00 50.00 50.00 37.98 55.00 125.00 34.91 75.00 110.00 1,600.00 93.90 38.97 261.69 84.38 192.56 20.00 250.00 413.33 37.98 211.82 PAGE 2 CHECK AMOUNT 100.00 5,869.45 1,120.00 37.98 500.00 30.00 50.00 50.00 37.98 180.00 34.91 75.00 110.00 1,600.00 671.50 20.00 250.00 413.33 37.98 211.82 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9858 03/27/97 006057 THE CORE GROUP 9859 03/27/97 000850 L. N. CURTIS 9860 03/27/97 007987 DARBY LANNOM NOVELL NETWARE SUPPORT 001-1206-4201 HELMET LINERS/PATCHES 001-2201-4309 TUITION FOR PSO BONNIE PIERCE 001-2101-4317 9861 03/27/97 000571 DEPARTMENT OF MOTOR VEH DUPLICATE LICENSE PLATE - 9862 03/27/97 002855 DICTAPHONE, INC. CLEANING PADS/DICTAPHONE 9863 03/27/97 001400 EFRAM MOBIL GAS PURCHASES/FEB 97 9864 03/27/97 007171 RALPH E. ENKEBOLL ASSESSMENT TAX REFUND 9865 03/27/97 001962 FEDERAL EXPRESS CORP. DELIVERY SERV/FEB 97 DELIVERY SERV/FEB 97 9866 03/27/97 004963 FOUNDATION HEALTH PLAN REFUND DUPLICATE PAYMENT 9867 03/27/97 004559 FOX PHOTO PHOTO SERVICES/FEB 97 PHOTO SERVICES/FEB 97 715-2201-4311 001-2101-4309 715-2101-4310 105-3105 3,000.00 74.67 185.17 8.00 243.08 11.85 37.98 3,000.00 74.67 185.17 8.00 243.08 11.85 37.98 001-4101-4305 9.69 001-4202-4305 13.77 23.46 001-3840 001-2101-4305 109-8160-4201 9868 03/27/97 007984 WILLIAM OR MELISSA FRE DEPOSIT REFUND PER.#6237 001-2110 9869 03/27/97 006939 ELLEN GOETZ ASSESSMENT TAX REFUND 105-3105 9870 03/27/97 001340 GTE EQUIP. RENTAL/FEB & MAR 97 001-2101-4304 9871 03/27/97 006908 LURTON E. GUNSALUS ASSESSMENT TAX REFUND 105-3105 9872 03/27/97 002624 LAURETTA HARRIS ADPP FOR MARCH 97/L. HARRIS 001-1203-4180 9873 03/27/97 000322 HERMOSA ANIMAL HOSPITAL VET SERVICE/FEB 97 110-3302-4201 9874 03/27/97 007979 LAWRENCE HIGGINS ASSESSMENT TAX REFUND 105-3105 9875 03/27/97 007980 HOFFMAN SOUTHWEST VIDEO INSPECTION OF SEWER 160-3102-4309 9876 03/27/97 002232 JOEL HOLLINGSWORTH DEPOSIT REFUND 001-2110 9877 03/27/97 005132 HOUSE OF STENO GUIDE UPDATES/DET. SEARCH & SZ 001-2101-4305 9878 03/27/97 005204 ICE CHALET SPRING CLASSES PAYMENT 001-4601-4221 9879 03/27/97 007983 GARY L MD KISSEL DEPOSIT REFUND 001-2110 9880 03/27/97 000999 L.A. CO DEPT. OF PUBLIC HAZMAT STORAGE FEE 4/97-4/98 160-8301-4201 9881 03/27/97 001870 LANDSCAPE WEST TREE & STUMP REMOVAL/VALLEY PK 001-4202-4201 9882 03/27/97 007989 KARL T. LEE ASSESSMENT TAX REFUND 105-3105 13 186.80 186.80 8.32 6.61 1,600.00 37.98 103.12 37.98 1,998.00 35.00 37.98 375.00 1,600.00 95.44 372.00 1,600.00 180.00 350.00 37.98 14.93 1,600.00 37.98 103.12 37.98 1,998.00 35.00 37.98 375.00 1,600.00 95.44 372.00 1,600.00 180.00 350.00 37.98 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 16:17 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 9883 03/27/97 001006 JAMES H. LISSNER REFUND FOR WITNESS FEES 001-3818 9884 03/27/97 007148 LOS ANGELES COUNTY BAR DISP RESO SERV/JUL-DEC 96 001-1132-4201 9885 03/27/97 003080 MERRIMAC ENERGY GROUP TRANSMISSION FLUID/CITY GARAGE 715-4206-4310 9886 03/27/97 007237 GILLIAN MILLER DEPOSIT REFUND 001-2110 9887 03/27/97 007992 RAYMOND NICHOLSON REF FEES/ADULT B -BALL 001-2110 9888 03/27/97 002514 OFFICE DEPOT OFFICE SUPPLIES/STOCK - FEB 97 001-1208-4305 9889 03/27/97 000321 PACIFIC BELL COMPUTER HOOKUPS/FEB 97 001-2101-4304 9890 03/27/97 003399 PALM SPRINGS MARQUIS HO LOGING FOR CHIEF'S SEMINAR 001-2101-4312 9891 03/27/97 007981 EUGENE PARK REFUND OF OVERPAYMENT ON CITE 110-3302 9892 03/27/97 000608 PEP BOYS AMBULANCE FUEL PUMP/R-12 715-2201-4311 9893 03/27/97 007619 PREMIER LIGHTING & PROD LIGHTING EQUIP./CIVIC THEATRE 001-4601-5401 9894 03/27/97 000302 MARY C. ROONEY REIMBURSE FOR CONFERENCE EXP. 001-4601-4317 9895 03/27/97 007849 SIRCHIE FINGERPRINT LAB FINGERPRINT POWER & BRUSHES 001-2101-4305 9896 03/27/97 007944 SMITH PAINT & SUPPLY IN PAINT MIXER PAINT MIXER 001-4204-5402 001-3104-5402 9897 03/27/97 000118 SOUTH BAY MUNICIPAL COU CITE/VIOL PAYMTS TO S.BAY CT. 110-3302 CIT/VIOL PAYMENTS TO S. BAY CT 110-3302 9898 03/27/97 000018 SOUTH BAY WELDERS TANK RENTAL/DEC 96 TANK RENTAL/JAN 97 001-3104-4309 001-3104-4309 150.00 2,500.00 249.46 1,600.00 120.00 312.97 62.42 251.85 50.00 36.39 728.91 210.92 341.35 3,170.31 2,023.09 19,648.00 18,820.50 31.00 31.00 9899 03/27/97 005136 SOUTHERN CAL SHARPSHOOT RANGE QUAL/DEC 96 001-2101-4201 467.91 RANGE QUAL/DEC 96 001-2101-4201 488.90 RANGE QUAL/DEC 96 001-2101-4201 493.62 RANGE QUAL. EQUIPMENT 001-2101-4201 474.40 150.00 2,500.00 249.46 1,600.00 120.00 312.97 62.42 251.85 50.00 36.39 728.91 210.92 341.35 5,193.40 38,468.50 62.00 1,924.83 9900 03/27/97 000170 SOUTHERN CALIFORNIA GAS GAS BILLINGS/MAR 97 001-4204-4303 236.78 GAS BILLING/MAR 97 001-4204-4303 75.72 GAS BILLING/MAR 97 001-4204-4303 24.95 GAS BILLING/MAR 97 001-4204-4303 46.10 383.55 9901 03/27/97 005166 SPORTIME SPORTS EQUI. FOR PRE;SCH.CLASS 001-4601-4308 116.37 116.37 9902 03/27/97 000364 STATE OF CALIFORNIA FINGERPRING APPS/FEB 97 001-2101-4251 64.00 64.00 9903 03/27/97 000897 VAL STRASER TRAVEL EXPENSE CHIEF'S SEMINAR 001-2101-4312 84.00 84.00 VOUCHRE2 03/27/97 16:17 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 9904 03/27/97 007982 JENNIFER SWARD 9905 03/27/97 003749 TAKATA NURSERY 9906 03/27/97 000974 LEILA THOMAS 9907 03/27/97 007586 TRAFFIC SENSOR 9908 03/27/97 003239 RALPH TURKOLU 9909 03/27/97 9910 03/27/97 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ACCOUNT NUMBER REFUND FOR DOUBLE PAYMENT/CITE 110-3302 MEDIAN PLANTS/FEB 97 ASSESSMENT TAX REFUND TRAFFIC LIGHTS ASSESSMENT TAX REFUND 007864 UNION BANK OF CALIFORNI SAFEKEEPING FEE/JAN 97 004768 UPTIME COMPUTER SERVICE PRINTER MAINT/FEB97 PRINTER MAINT/FEB 97 ASSESSMENT TAX REFUND REFUND OF OVERPAYMENT OF CITE 9911 03/27/97 006941 ANNA VARGAS 9912 03/27/97 007986 LINDA OR JAMES WATTS 9913 03/27/97 9914 03/27/97 9915 03/27/97 000311 WELDON WILLIAMS & LICK PARKING STICKERS/FIN. CASHIER 000141 WEST PUBLISHING COMPANY PENAL CODE BOOK/1997 ED. 006274 WEST PUBLISHING COMPANY JUR INSTRUCT. BOOKS/MEERSAND 9916 03/27/97 000770 JACK WOOD 9917 03/27/97 REFUND OF OVERCHARGE FOR 300' 005125 JOHN WORKMAN, PETTY CAS PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 PETTY CASH/2-27 TO 3-27-96 9919 03/27/97 000135 XEROX CORPORATION 9920 03/27/97 007949 XEROX CORPORATION COPIER MAINT./JAN 97 COPIER MAINT/JUL-DEC 96 XEROX COPY CARTRIDGE TOTAL CHECKS '5 105-2601-4309 105-3105 001-3104-4309 105-3105 001-1141-4201 001-1206-4201 001-1206-4201 105-3105 110-3302 110-1204-4305 001-2101-4305 001-1132-4305 001-1121-4323 001-4601-4308 001-2101-4317 151-2104-4305 001-2101-4312 715-2101-4310 001-2201-4305 001-4201-4305 001-4601-4305 001-1203-4305 001-2101-4305 001-1206-4305 001-4202-4309 001-4601-4317 001-1203-4317 001-3104-4309 001-2101-4201 001-1203-4201 001-1203-4317 105-2601-4309 001-4202-4305 109-3301-4305 001-1208-4201 001-4601-4201 001-2201-4309 ITEM AMOUNT 50.00 251.68 37.98 310.00 37.98 208.33 211.00 211.00 37.98 50.00 2,937.15 257.64 183.21 43.69 161.67 112.00 98.08 160.00 46.15 19.48 28.10 6.25 4.31 50.19 124.42 30.00 10.00 7.50 31.39 100.00 16.55 5.50 75.00 17.83 11.90 755.89 715.00 389.70 PAGE 5 CHECK AMOUNT 50.00 251.68 37.98 310.00 37.98 208.33 422.00 37.98 50.00 2,937.15 257.64 183.21 43.69 1,116.32 1,470.89 389.70 84,361.84 VOUCHRE2 CITY OF HERMOSA BEACH 03/27/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 39,154.29 105 LIGHTG/LANDSCAPG DIST FUND 744.46 109 DOWNTOWN ENHANCEMENT FUND 18.51 110 PARKING FUND 42,768.15 151 OFC OF TRAFFIC SFTY GRANT FUND 98.08 160 SEWER FUND 555.00 715 EQUIPMENT REPLACEMENT FUND 1,023.35 TOTAL 84,361.84 PAGE 6 VOUCHRE2 04/01/97 16:36 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 9921 04/01/97 007520 BEHAVIOR ANALYSIS TRNG TUITION POST CLASS/HEARD 001-2101-4312 269.00 269.00 9922 04/01/97 000789 MEDAL OF VALOR COMMITTE VALOR AWARDS LUNCHEON 001-2101-4317 300.00 300.00 9923 04/01/97 008004 SURF CITY SKATE ZONE SPRING CAMP 97 EXCURSION 001-4601-4201 225.00 225.00 TOTAL CHECKS 794.00 11 VOUCHRE2 CITY OF HERMOSA BEACH 04/01/97 16:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 794.00 TOTAL 794.00 IS PAGE 2 VOUCHRE2 04/01/97 16:36 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE.D MANDS OR CLAIMS COVERED BY THE CHECKS LISTED O PAGES / TO �7 INCLUSIVE, OF THE VOUCHER REGISTER FOR A/ / --11�/ f, ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DIRECTOR r DATE ('/17 19 PAGE 3 April 1, 1997 Honorable Mayor and For the Meeting of Members of the City Council April 8 , 1997 CANCELLATION OF CHECKS Please consider the following request for cancellation of the checks listed below #009715 - 03/10/97 - Sacramento Convention & Visitor Bureau, $176.96. Incorrect vendor was requested. Check had to be voided. #009800 - 03/17/97 - Nancy Foods, $183.70. Wrong amount was paid from invoice; never mailed. Concur: Stephen R B Workman, City Treasurer Manager Noted for fiscal impact: Viki Copeland, Finance Director av April 3, 1997 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 8, 1997 TENTATIVE FUTURE AGENDA ITEMS Apr1122, 7897 Recommendation to receive and file action minutes from Planning Commission meeting of 4/15/97 Community Development Director Public Hearing: Appeal of Planning Commission approval of a conditional use permit for an R-1 planned development for a five -lot subdivision (for the development of four single family dwellings and a private street), vesting tentative tract map #52278 and adoption of an Environmental Negative Declaration at 532 - 540 20th Street. (Continued from meeting of 4/8/97) Community Development Director Tuesikij. May 73. 9897 Report on M-1 zones Community Development Director Report on walkstreet overlay zone Community Development Director Library Committee Report City Manager lc Honorable Mayor and Members of the Hermosa Beach City Council A-74 b -c-<-74 /4-97 March 24, 1997 Regular Meeting April 8, 1997 REQUEST FOR EXTENSION OF WORKERS' COMPENSATION CLAIM ADMINISTRATION SERVICE AGREEMENT WITH HAZELRIGG RISK MANAGEMENT SERVICES, INC. Recommendation: It is recommended that the City Council authorize the City Manager to negotiate and execute a two-year extension of the services agreement with Hazelrigg Risk Management Services, Inc. for workers' compensation claims administration services. Background: On May 24, 1994 the City Council selected Hazelrigg Risk Management Services, Inc. (H -RMS) to serve as the City's Third Party Administrator for Workers' Compensation claims. This selection, pursuant to the terms of the Request for Proposals was for an initial three year term with an additional two year renewal option. The initial term expires June 30, 1997. Analysis: H -RMS, as our Third Party Administrator for Workers' Compensation claims, provides administrative and adjustment services for all workers' compensation claims filed. These services include: initial correspondence and continued communication with injured employees; scheduling of necessary medical reviews and evaluations; payment of mandated benefits; statistical reporting; establishing case files and setting reserves; assistance in investigating claims; negotiating settlement of both litigated and non -litigated claims; and, seeking recovery from third party contributors when appropriate. H-RMS's services have been professional and responsive to both City Management and injured employees during the term of the services agreement. Benefits have been timely to injured employees and employees' questions and concerns are appropriately addressed by H -RMS staff. Based on the above, and recognizing that H -RMS was the lowest responsive bidder three years ago, staff is requesting Council authority to continue this agreement. id Fiscal Impact: H -RMS has requested a 3% increase for FY 97/98. This will increase the annual fee from $35,280 to $36,338 ($1,058 increase). Respectfully submitted, 2—CL, Concur Robert A. Blackwood, Director Ste len R. Burrell Personnel & Risk Management Noted for Fiscal Impact: Viki Copeland Finance Director I„v:i,,,,,s.doc City Manager 2 Honorable Mayor and Members of the Hermosa Beach City Council March 26, 1997 Regular Meeting April 8, 1997 REQUEST TO THE CITY COUNCIL TO DENY APPLICATION TO PRESENT A LATE CLAIM Recommended Action: It is recommended that City Council deny the Application to Present a Late Claim filed by Constance Ann Ricotta. Background: On March 18, 1997, Ms. Ricotta filed a claim with the City alleging false arrest and violation of her civil rights. The incident date was September 16, 1996. Government Code 911.2 requires that a claim against a public entity be persented within six months. On March 18, 1997, the City provided Ms.. Ricotta with a Rejection of Untimely Claim pursuant to Government Code Section 911.3. On March 24, 1997, Ms. Ricotta delivered the attached request for Leave to Present a Late Claim along with an amended claim form indicating an additional loss date of September 19, 1996. Analysis: Government Code Section 911.6 requires that the City Council grant or deny the Application to present a Late Claim with 45 days after it is presented. The Council shall grant the application if they find "the failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the public entity was not prejudiced in its defense of the claim by the failure to present the claim within the time specified in Section 911.2". [Government Code, Section 911.6] Ms. Ricotta, in her request for leave, states that she originally filed a claim with the Los Angeles County by mistake. Since that claim was rejected by the County on January 30, 1997, there was sufficient time remaining with the statute to file against the City. Staff is recommending that the City Council deny the application based on a finding that Ms. Ricotta, by filing of a claim against the County, was obviously aware of the necessity to file a claim against a public entity and had sufficient time to correct her mistake by filing a timely claim against the City. Alternative Action: The City Council may grant the Application for Leave to Present a Late Claim. Should the Council take this action, staff recommends that a subsequent motion be made to deny the claim. Respectfully submitted, Robert A. Blackwood, Director Personnel & Risk Management denyapp Concur Steplln R. Burrell City Manager 271, Y9"2 -P0 i/y/„c-rie/,:%-/- AV /„,,,„7„/,,t,"7/42,9,7a(--)60 '2 1 - V f7)-7- -172?'11 (5 • rin/IVI,/ -)7,/, /-249-/ ,, 4 -' /, -2067227” -1,27{, .1 4 , I 'f ly-AV-74-0) At/ 19-217"9 'VVX14-r 72? -17()-.) r-a-7,-y.f„,„ _v77. ,,, ,,,„,,,,”, ,.4ZW-1917V71//apPi"-/0•4z./7vP 2Y/) ,vw,7 moiip ZZP hs bwziP 0'•' CITY OF HERMOSA BEACH . •.oi 4 ir CLAIM REPORTING FORM FOR ALL PERSONS OR PROPERTY FILE WITH: City Clerk's Office City of Hermosa Beach 1315 Valley Drive RESERVE FOR FILING STAMP DEPT. NO. D Hermosa Beach, CA 90254 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be fled not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. RECEIVED R MA1 8 i0g7 MAR ,.. PERSf "'!IF' '"''K DEPT. Name of laimant ,61 s etnee Ann I�. t c +1 c� Date Of Birth Of Claimant I5/5 3 Home Address Of Claimant i isas (7v (a;i-loV1auet `AU - RdaI Occupation of Claimant PUS(lie`s ow 01'2-r 4-i-e -m Business Address of Claimant /0 WO 4 er0ncJ- / ve- Grrs&-8d-( Home Telephone Number 54 -7,. 6.f Give address and telephone number to which you desire notices or communications to be sent regarding this claim. me_ Business Telephone Number (3l0 37q 3 736 3 . �9 d/3770A-) i -1 'eetondd - '/ / / 847,I- Claimant's Social Security No. /Time Date of Damage/Loss/Injury / .f L/1 . . °' /1 �U AM[ A-73-1 P.M. ` Place of D=mage/Loss/Injury — *PR�0 0 " z zi '�'�� . "01 5* a goyWP . .• •; ,- How did damag ossrnjur' occur? (Be specific) OerrYt 5,, e>ozel-, Police a,cco-iczi me as ( P aaan3eu-tous - droua me 66-V,v.,0a-d w AAA u d mss§,0AA tr. ‹AftL - heunci aUftek ow u. c,u0.s th rw 1 c�,Yres -ed�v W(c(-44Gv+- a. toa+r-ra�vd-cr-pr-obgble. N use , secrr(n ry ciCQcr-tc;r`I1/ Were PolYce at scene? me Yes Were Paramedics at scene? s eV ,nae. -ee Yes Er ■ No No ■ 0 a * a_vld Ser zecE 01 Re orf NN(o. U' p . 5+07 :to ryvit Ca.n. What particular act vo�u claim d the dna/mage/loss/njury. /%O Due Pro ce�.c-SJed wan 1or�omiissionndo , ,caul di •iV W(, •� [�e� Cu.vt<? o l 1-e. Qt t KCey5 us oil `i+ ((C QO f4 0-6'0 e-(4C•€ U e o (a"1', \ D��41.0,h0n(17v-es-cc-tea et H( Prs(AS Name of City employee(s) causing the damage/loss/injury: GU n L G077-I lfrif KOLq-A 1<-'f i rZ- ?IeG/V OLCCatC Z. THIS CLAIM MUST BE SIGNED ON REVERSE SIDE. ac a claimfrm.doc The amount claimed, as of the date of presentation of this claim, Damages incurred to date (exact): Expenses for medical and hospital care Loss of earnings $ Special damages for $ General damages $ Total damages incurred to date $ is computed as follows: (please attach estimates/receipts) Estimated expenses for medical and hospital care Future expenses for medical and hospital care $ Future loss of eamings $ Other prospective special damages $ Prospective general damages $ Total estimate prospective damages $ WITNESSES to DAMAGE or INJURY: UST ALL PERSONS and addresses of personskliown to have information: Address % S (5 f -fu c*±t V1 sukia Phone _3/03 742 7f,/o).36'; a f/) 7o Name T rvl LVID Name S+PikL t l; t ri Fe -5 Address : tglicZot, Phone Name Tim Mat -fah -11 DOCTORS dnd AL`5: Hospital Doctor Doctor Address jiXI i ;Yr)/ _ Pone /@'v12f '2O2. Address Address Address ( /O) 3a6, /s/o (3/0) 3-7, 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 by B-1'and the distances to street comers. 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 'lir location of yourself or your vehicle attach hereto a proper diagram signed by claimant. 1'0°4 7 CURB - Signature of claimant or person filing on his behalf giving = tionship to Claima .//14--7 NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). Presentation of a false claim is a felony (Pen. Code Sec. 72) Typed Name: f C)Co Date: clfrmpg2.d COUNTY OF LOS ANGELES OFFICE OF THE COUNTY COUNSEL 648 KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012 IDE WITT W. CLINTON, COUNTY COUNSEL January 30, 1997 CONSTANCE ANN RICOTTA 1525 Aviation Boulevard, #441 Redondo Beach, California 9027$' Re: Your Claim(s) Filed January 15, 1997 Our Claim(s) Number: 34670 Z Dear Claimant/Counselor: TELEPHONE (213) 974-1930 TELECOPIER (213) 687-7337 This letter is to inform you that the above -referenced claim which you filed with the Los Angeles County Board of Supervisors has been denied. An investigation of this matter fails to indicate any involvement on the part of the County of Los Angeles, its officers, agents or employees. Accordingly, your claim has been denied on that basis. We direct your attention to Code Civil Procedures Section 1038. STATE LAW REQUIRES THAT YOU BE GIVEN THE FOLLOWING "WARNING": Subject to certain exceptions, you have only (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Very truly yours, DE WITT W. CLINTON County Counsel By: GRQBO P Inc' al Deputy County Counsel General Litigation Division RHG:ra Enclosure City of 2lermosa '1i3eacL.. March 18, 1997 Ms. Constance Ann Ricotta 1525 Aviation Blvd., 441 Redondo Beach, CA 90278 Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 REJECTION OF UNTIMELY CLAIM Dear Ms. Ricotta: The claim which you presented to the City of Hermosa Beach on March 18, 1997 is being returned because it was not presented within six (6) months after the event of occurrence as required by law. See Section 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on this claim. Your only recourse at this time is to apply without delay to the City of Hermosa Beach for leave to present a late claim. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Government Code Section 911.6. You may seek the advise of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Sincerely, Robert A. Blackwood, Director Personnel & Risk Management c: Bill Fuentes, Colen & Lee PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF MARCH 19, 1997 MEETING i Roll Call Present: Chairperson Mitchell, Commissioners Abrams, Aronoff, Dunbabin, and Koppel Staff: Rooney, Flaherty Approval of Minutes February 19, 1997 Motion: "To approve as submitted." Aronoff/Dunbabin All Ayes Public Comments: Betty Evans and Donie Field addressed the Commission on behalf of the Garden Club indicating that they wanted to assist with landscaping suggestions for the Valley Park renovation. i Matters for Commission Consideration Skateboard Park Proposal Public Comments: Thirty-six (36) citizens addressed the Commission in support of the concept of a joint Skateboard project with Redondo Beach. There were 25 youth speakers and 11 adult speakers who addressed the Commission. Of these speakers, nine (9) were residents of Hermosa Beach; 17 of Redondo Beach and ten (10) from Manhattan Beach and other cities. All were in support of the proposed facility and location. Other discussions centered around key issues as follows: 1. Should the facility be supervised? Fourteen (14) youngsters said that it should not be a supervised facility while two (2) thought that it should be. Two (2) adults spoke in favor of supervision. 1 1f 2. Should the facility include shared uses between skateboarders, in-line skaters and BMX bikers? Most speakers were opposed to shared use with seven (7) supporting all uses. 3. Other comments included: • Two (2) Redondo Beach Commissioners spoke in favor of the joint project and encouraged supporters of the project to attend future Harbor Commission meetings in Redondo Beach. • Mike Sliff thought that the facility may be a boon to Redondo Beach businesses. • Chris Stay reported that he is building a private sector skate facility in Gardena which will open soon and they hoped to provide bus service from the City to that facility. • One youngster reported that safety equipment was too cumbersome. • Kathy McCurdy reported that the School District was experiencing vandalism from skateboarders and that she encourages efforts for the City to provide a facility for skateboarding --and hoped that the proposed site could be maximized to that end. • Eric Zucker reported that he thought skateboard manufacturers might chip -in for the track. • Viki Garcia stated that the City spends very little money on teens by percentage and that they need a place to go. • Kristina Marcus supported modest fees (if any) for the facility. • Chris Garcia stated that charging admission to the track may entice the Harbor Commission to approve the facility. • Roger Bacon expressed support for the facility and thought that ESPN could sponsor contests at the site as a potential revenue source. He also stated that phones and bathrooms should be included. He thought the project should encompass the entire 50,000 square feet at the site. Motion: "To forward to City Council for conceptual approval: Strong support for working with Redondo Beach to build a joint skateboard track at the Triton site in Redondo Beach." Aronoff/Abrams All Ayes Vetter Windmill at Greenwood Park Public Comments: Roger Bacon - 1100 Pacific Coast Highway Addressed the Commission in support of restoring the Vetter Windmill and renovating Greenwood Park. 2 Motion: "To direct Public Works staff to refine the estimate for the April Commission meeting providing cost estimates to preserve the Vetter Windmill: (a) as an operable windmill; and (b) aesthetically (without functioning as an operable windmill)." Mitchell/Koppel All Ayes Film Festival: Use of Pier and Beach for Free Movie Preview Motion: "To place this item on the agenda and consider it as an emergency item." Mitchell/Abrams Ayes: Dunbabin, Koppel, Mitchell, Abrams Abstain: Aronoff Motion: "To approve staff recommendation to use the Pier and beach north of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival Preview scheduled for Thursday, April 24, 1997 6:00 to 10:00 p.m. and forward item and recommended contract to City Council for final approval." Mitchell/Koppel Ayes: Abrams, Koppel, Mitchell, Dunbabin Abstain: Aronoff Motion to Adjourn: Koppel/Aronoff All Ayes Adjourned: 10:25 p.m. 3 Howard Longacre, 1221 Seventh Place, Hermosa Beach, Ca 90254 Hermosa Beach Parks, Recreation and Community Resources Advisory Commission c/o Community Resources Department City of Hermosa Beach Government Hermosa Beach, Ca 90254 18 March 1997 Re: VETTER WINDMILL This is a written supplemental to Item VI -B of the Parks & Recreation Advisory Commission Agenda 7: OOpm March 19, 1997. Please deliver a copy to each commissioner at the meeting, include in the proceedings of the meeting, and note in the minutes of the meeting that I support maintaining the existing historic windmill, that said maintenance need not include full functionality, and that I do not support commercialization of Greenwood Park in use or otherwise. Honorable members of Commission: The staff report regarding the Vetter Windmill has three options. It is missing the obvious forth option I recommend below. Please note that Hermosa's Director of the Public Works stated in a council meeting recently that the windmill mechanism has been secured and does not present any hazard. It should also be recognized that it is not necessary for the windmill to be fully functional. I.E. Spinning. It obviously is not being used to pump water anymore. While it would be nice to see it again turning in the wind, the important thing is to be able to see it as an actual windmill and historic reminder of past Hermosa Beach. Something much better than trendy coffee shops, cars, asphalt, and "upscale bars", money making everything. As one gets older (perhaps too many in this town are too young) things such as the windmill mean a lot more than what is going to be the in thing for the next nine months. Thus all that you on the commission need recommend to the city council, is that the windmill be kept secure, repaired as best possible at minimal cost, and be kept well painted. This should be sufficient until one of our wealthy Page 2 of 3 03/17/97 23:15 SUPPLEMENTAL INFORMATION TX/RX N0.1431 P.002 11 business operators or other is able to give a donation to make it more operational again, or until the promised flood of money comes to the city from all this bar business. Certainly a replacement windmill makes no sense especially when its cost is greater than the full maintenance of the historic one. Regarding the park, it is just a passive park. The adjacent shopping center has already been over intensified and given rights to use the park's parking spaces, so any plan to redesign the park under some premise that the park's function has changed is nothing but so much you know what, to justify commercializing same. You really do not want to commercialize Greenwood Park. You really do not want to remove the windmill so there is more space to commercialize in Greenwood park. Let's hope government processes are not again being used to supposedly do one thing, while really having some other objective. That of course would not be very honorable. Thank you for your service on the commission. Sincerely, Howard Longacre Page 3 of 3 SUPPLEMENTAL INFORMATION 03/17/97 23:15 TX/RX.NO.1431 P.003 1645 Valley Drive Hermosa Beach California 90254 (310) 937-5877 FAX: (310) 376-4974 Members of the Board of Trustees Vicki Garcia Lynne Gonzales Greg Kelsey Cathy McCurdy Mary Lou Weiss Superintendent Alan Rasmussen. Ed.D. HERMOSA BEACH City School District ,. 1117' March 17, 1997 _ _ Hermosa Beach City Council 1315 Valley Drive Hermosa Beach, California 90254 Dear Council Members: On behalf of the Hermosa Beach City School District, I urge your continued support of the skateboard park - for the benefit of the skateboarders and our schools. On a daily basis, skateboarders trespass onto our sites and we have experienced damage to concrete areas, tables, and planters. The addition of a new skateboard park would provide skateboarders with a safe environment to practice and enjoy their sport while reducing property damage in the community. I commend you on listening to the concerns of the Hermosa Beach youth and establishing a committee to address their issues. This process has been an excellent learning experience for the youth of our city. Sincerely, Alan Rasmussen, Ed.D. Superintendent AR:nr c: Steve Burrell Mary Rooney Parks & Recreation Commission SUPPLEMENTAL INFORMATION IFILM FESTIVAL: USE OF PIER AND BEACH FOR FREE MOVIE PREVIEW I March 19, 1997 Chairperson and Members of the Parks, Recreation and Community Resources Advisory Commission Regular Meeting of March 19, 1997 Recommendation It is recommended by staff that the Parks, Recreation and Community Resources Commission: 1. Approve the use of the Pier and beach north of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival Preview scheduled for Thursday, April 24, 1997 from 6:00 to 10:00 p.m. 2. Forward item and recommended contract to City Council for final approval. Background The Community Center Foundation requested that the City approve a request to use the beach and Pier area to present a preview of "Hugo Pool" directed by Robert Downey Senior from 6:00 to 10:00 p.m. on Thursday, April 24th. At the September 24, 1997 meeting, Council allocated $5,000 from the DEC Fund to provide seed money for the Film Festival. The Festival, scheduled for April 24th through 27th, will be held at the Hermosa Civic Theater and AMC Theaters. The Committee has not provided the City with any additional details with regards to the rest of the proposed activities. Analysis The Film Committee intends to open the Festival with this free beach event. Spectators will bring lawn chairs and blankets to enjoy this preview which will be projected from the Municipal Pier to a screen on the sand. The event will be free and open to the general public and will not include any additional activities or structures. Factoring in the off season date and the newness of the Festival, the spectator draw is projected to be modest. As such, the impact to the City should be moderate as is reflected in the attached contractual requirements. 1 Considering that lower Pier Avenue will still be under construction at that time, this kind of event may serve a dual purpose to promote the Film Festival and to attract customers to the downtown area. Fiscal Impact: None Attachments: 1. Letter of request and site plan 2. Contract Respectfully. Submitted, Mary f ': oney Co t; unity Resources Director 2 HERMOSA BEACH ItILNi 1ESTFVAL Mary C. Rooney Director Dept. of Community Resources City of Hermosa Beach. Fax: 310 372 4333 Dear Ms. Rooney: This is a request for the Hermosa Beach Film Festival to screen a movie on the beach on the evening of April 24, 1997. The screen would be placed on the sand just north of the pier with projection equipment on the pier (see diagram). Speakers would flank the screen. There would be no special seating; the public would sit on the sand or their own beach -type chairs. We would need the space from 6pm until lOpm on the evening of the 24th. We envisage the show staring at about 7.30pm. There would be no charge to attend the event. We are planning to show the film "Hugo Pool", directed by Robert Downey, starring Alyssa Milano, Malcolm McDowell, Richard Lewis, Sean Penn, Cathy Moriarty, Patrick Dempsey and Robert Downey Jr. Although the film has not been rated it contains nothing which could be considered offensive. It is not a film for young children because it deals with serious issues like life and death but it does it in an entertaining and life -affirming manner. I would be grateful for any help you can give us to make this a successful event to launch the first Hermosa Beach Film Festival. Sincerely /Le 44 e-totA-Lf Mike Kerrigan Festival Director HERMOSA EACH FILM FESTIVAL Proposed screening on the Beach 4/24/97. • .00 -145N,Itr4 ce" S' I TT irs/ Ct• S'F(L,604) • COMMUNITY CENTER FOUNDATION CITY OF HERMOSA BEACH COMMERCIAL BEACH EVENT CONTRACT This contract is entered into on March 25, 1997, at Hermosa Beach, California by and between COMMUNITY CENTER FOUNDATION, a non-profit organization and the CITY OF HERMOSA BEACH (CITY) with regards to a film preview on APRIL 24, 1997. FEES All predetermined costs/fees shall be paid two weeks prior to the event. All unanticipated costs incurred by the City on behalf of the ev.ent shall be paid within 15 days of receiving an invoice from the City. SECURITY Foundation shall provide no less than three (3) security officers. A representative of the security staff shall meet with the Hermosa Beach Police Department Watch Commander prior to the event for a pre -event briefing. The private security staff shall be responsible for informing spectators of the City's alcohol ordinance. The City of Hermosa Beach shall provide as many officers as deemed necessary by the Chief of Police. Fire extinguishers will be required and equipment will be inspected by Fire Department. Cost of officers and fire/paramedic personnel shall be assumed by the Foundation. CLEAN -UP Foundation shall clean the following areas each day of the Tournament: The Beach and Strand, from 8th Street to 15th Street. Foundation shall be responsible for hauling the trash collected outside the City. Foundation shall provide additional trash receptacles at the following locations: Beach (impacted area) Strand (impacted area) or additional trash receptacles as needed. INSURANCE Ten (10) days prior to the event, Foundation shall provide the City a Certificate of Insurance providing personal injury and property damage liability insurance naming the CITY, and County of Los Angeles, their officer, employees and agents as additional insured with minimum coverage of $2 million combined single limit coverage. Said insurance shall not be canceled or altered without 30 days notice in writing to the City and County. 1 Foundation insurers shall be primarily responsible for any and all liability resulting or arising from the performance of the contract and CITY and County and their insurers shall not be required to contribute. Said insurance's shall not be canceled or terminated without at least ten (10) days written notice to the CITY. Foundation agrees to defend, indemnify, and hold the CITY and County of Los Angeles harmless from and against any and all liability and expense, including defense costs and legal fees, caused by the negligent or wrongful act or omission of Foundation its agents, officers and employees, including but not limited to, personal injury, bodily injury, death and property damage. For Insurance purposes, the event area shall be defined to any and all areas occupied or affected by the event. ADVERTISING Foundation shall be required to make announcements informing spectators of the CITY's alcoholic beverage ordinance as deemed necessary by Hermosa Beach Police. All sponsor signs, props, product facsimiles, etc. deemed necessary by Foundation to identify the event, shall be approved as to location and content by CITY. CITY will not unnecessarily deny said approval and will not curtail certain constitutional rights of the Foundation. PARKING Foundation will be allowed to park one "working" truck on the pier head. No other vehicles shall be parked on pier, pier head or Strand without permission of CITY. At no time may the Foundation block emergency vehicle assess. Parking privileges may be revoked at anytime by the CITY. SPECIAL EVENTS The CITY shall review all requests for any special events to be held as part of the preview. The CITY shall have the right to deny all requests. MISCELLANEOUS CITY RIGHTS/RESPONSIBILITIES The CITY shall allow the Foundation the opportunity to sell official Foundation concession items per certain conditions: • No food or beverage concessions shall be permitted on the Beach. • All concession items must be approved by CITY prior to event. THE CITY OF HERMOSA BEACH RETAINS THE RIGHT TO AMEND, ADD OR DELETE ANY CONDITION(S) OF SAID CONTRACT. MISCELLANEOUS FOUNDATION RESPONSIBILITIES The Foundation shall be responsible to obtain all necessary County and State health permits as required. The Foundation will be required to obtain an amplification permit from the CITY. The Foundation will be solely responsible for event management. 2 Event shall be conducted in compliance with City of Hermosa Beach Noise Ordinances. Ordinances are on file at the Department of Community Resources. Foundation will abide by any additional policies or appropriate fees as established by the CITY. CITY OF HERMOSA BEACH Mayor Date City Attomey Date DEPARTMENT OF COMMUNITY RESOURCES Director Date COMMUNITY CENTER FOUNDATION Director Date City Clerk Date 3 April2, 1997 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 8, 1997 PROCEDURES USED BY THE POLICE DEPARTMENT CONCERNING DUI ARREST Recommendation: That the City Council accept the attached report and receive and file it. Background: The City Council, at its meeting of March 25, 1997, directed that staff return with a report on the procedures involved in a DUI arrest. I have attached a report prepared by the Police Department. The report details the process that is used, which is primarily set forth in state law and various court decisions. Respectfully submitted, Stephen ' . B City Manager e 10 HBPD MEMORANDUM DATE: April 1, 1997 TO: Chief Straser FROM: Sgt. Tom Thompson RE: DUI Investigation The Hermosa Beach Police Department follows the California Vehicle Code, Administrative Code, Evidence Code and recent case decisions in the investigation and testing of drivers suspected of driving under the influence of drugs and/or alcohol. An officer has probable cause to stop a vehicle suspected of driving under the influence when the officer sees the vehicle commit a vehicle code violation (speeding, driving without headlights on at night, etc.), weaving or the vehicle is involved in a collision and the officer had reasonable cause to believe he or she was driving. The officer talks to the driver and makes observations as to his or her symptoms of intoxication. This could be slurred speech, bloodshot or watery eyes, an odor of an alcoholic beverage, staggered walk, etc. If the officer suspects a driver is impaired he gives the driver a series of tests called a field sobriety test. These tests are designed to show divided impairment. When a driver is impaired their ability to perform mental and physical functions is diminished. Every driver tested may show a different degree of impairment based upon their mental and physical coordination or the amount of drugs and/or alcohol in their system. The officer looks at the overall performance of the driver including the ability to follow instructions and forms an opinion as to whether he or she believes the driver is driving under the influence or drugs and/or alcohol. The Officer may elect to use a Preliminary Alcohol Screening (PAS) device in the field (23137/13353.2 CVC). The officer must inform the driver that the PAS test is not mandatory and the driver can refuse to take it. If the driver refuses the officer makes his or her opinion based upon the tests already completed. Once the driver has been arrested, he or she must submit to a blood, breath or urine test (23157 CVC). If the officer suspects that there is a combination of alcohol and drugs involved or just a drug involved the driver can be told to submit to a urine or blood test. If the driver submits to a breath test he or she can elect to take a urine or blood test so a sample can be saved for later testing (23157.5 CVC). If the driver refuses his or her driving privilege can be revoked by the DMV for 1, 2 or 3 years depending on any prior convictions (13353 CVC). The drivers license of any driver arrested for DUI will be taken if they show a blood alcohol level of 0.08 or higher or completed a blood or urine test and the officer believes the results will show the concentration to be 0.08 or higher (0.05 if driver is under 21). There is no provision to take a drivers license if the driver is just under the influence of drugs. Additional charges can be added if the driver refuses to take a test (13353 CVC), has a suspended or revoked license (14601 et.al. CVC) or has an expired or no license (12500 (a) CVC). The driver's vehicle can be impounded based upon the arrest, suspended license status, being unlicensed, or the vehicle has not been registered for 6 months or more (22651 CVC). April 3, 1997 Honorable Mayor and Members of the Hermosa Beach City Council 1,-'l'r-i44' 97-5'Sa L/ -,?- y7 Regular Meeting of April 8, 1997 FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) TO CREATE NEW ELECTIVE OFFICE: VICE -CHAIR FINANCE Recommendation: The Governing Body of the South Bay Cities Council of Governments seeks your approval of the proposed First Amendment to Agreement Establishing the South Bay Cities Council of Governments (A Joint Powers Authority) to create a new elected office of Vice -Chair Finance. Background: The South Bay Cities Council of Governments ("Council") is a joint powers authority created pursuant to the California Government Code. The Council's organizational documents consist of a joint powers agreement ("Agreement") and a set of Bylaws. Among other things, these organizational documents establish a Governing Board to conduct the affairs of the Council. The Agreement also establishes the elected offices of Chair and Vice -Chair (Agreement, Section 11). Pursuant to the Agreement, elections for these offices are to be held in May each year, for a one-year term commencing July 1. The organizational documents also authorize the Governing Board to designate other offices and employees of the Council. (Agreement, Section 15: "The Governing Board may appoint or employ such other offices or employees as it deems appropriate") (Bylaws, Article V.C: "The Governing Board shall have the power to authorize such additional officers and employees as may be appropriate.") At its meeting of August 1995, the Governing Board "elected" Governing Board Representative Joe Dawidziak of Redondo Beach to the office of "Vice -Chair Finance". As a technical matter, the Governing Board's motion to "elect" Representative Dawidziak to the office of Vice -Chair Finance really constituted an action to create an additional office and to appoint Representative Dawidziak to the office. At the time of the 1996 elections the Governing Board began to consider whether the Agreement should be amended to formally establish the elective office of Vice -Chair Finance. After considering the matter, at its meeting of October 24, 1996, the Governing Board voted to recommend adoption of the proposed first Amendment to the Agreement. An excerpt of the lh Governing Board's minutes and the proposed First Amendment to the Agreement are attached. A resolution to approve the First Amendment to the Agreement is also attached. The proposed First Amendment to Agreement will become effective once the legislative bodies of eleven of the sixteen member agencies have approved it. Recommendation: The Governing Body of the South Bay Cities Council of Governments seeks your approval of the proposed First Amendment to Agreement Establishing the South Bay Cities Council of Governments (A Joint Powers Authority) to create a new elected office of Vice -Chair Finance. Respectfully submitted, Step ' n R. Burrell City Manager Attachments: Excerpt of South Bay Cities COG Governing Board Minutes, October 24, 1996 (Item D.1) Proposed First Amendment to Agreement Resolution approving First Amendment to Agreement South Bay Cities Council of Governments & South Bay Corridor Steering Committee (JPA) Thursday, October 24, 1996 Meeting Location: City of Torrance, Torrance Cultural Arts Center in the Music Room 3330 Civic Center Drive The joint meeting of the South Bay Cities Council of Governments and the South Bay Corridor Steering Committee was called to order by Chairman Dee Hardison at 7:07 p.m. In attendance were the following members: Lorelie Olais, Carson Mike Gordon, El Segundo Virginia Rhodes, Lawndale Jack Cunningham, Manhattan Beach Joe Dawidziak, Redondo Beach John McTaggart, Rancho P. V. Dee Hardison, Torrance Also in attendance were the following persons: Leah Jeffries, Supervisor Dana's Office Michael Calzada, Inglewood Keith Killough, MTA Marco Brown, SBEDP Kelli Bernard, L. A. Councilman Svorinich's office Sumire Gant, MTA Helene Buchman, Torrance Ingrid Rademaker, Torrance Flaq Salute - led by Leah Jeffries Jane Friedkin, El Segundo Ginny Lambert, Hawthorne Lawson Pedigo, Lomita Bill Finer, Palos Verdes Estates Bob Pinzler, Redondo Beach Susan Seamans, Rolling Hills Estates Dan Cartgena, public Ed Schroder, El Segundo John Parsons, SBACC Steven Brown, MTA Vic Kamhi, MTA Al Fuentes, SCAG Pat Bluman, Torrance Al Bell, The Planning Center MOTION BY GINNY LAMBERT, SECONDED BY BILL FINER, TO ACCEPT AND FILE REPORT OF CITY CLERK OF TORRANCE ON POSTING OF THE AGENDA. NO OBJECTION. SO ORDERED. ANNOUNCEMENTS OF WITHDRAWN ITEMS - ITEM 6A - LIVABLE COMMUNITIES - WITHDRAWN COMMENTS FROM THE PUBLIC - NONE CONSENT CALENDAR - Dee Hardison pulled Item D.1. for clarification. After discussion, motion to approve consent calendar included this item. MOTION by John McTaggart, seconded by Ginny Lambert, to approve consent calendar as follows: No objection. So ordered. A. B. C. D. Approval of Minutes of September, 1996 Financial Reports (attachment) Approval of Invoices (attachment) Other Items submitted with reports and requiring action 1. Model Council Item (attachment) Actions: a) Approve changes to agreement to add 2nd Vice Chair 2. Highway Performance Monitoring Systems (HPMS) Survey (attachment) Actions: a) Ask member cities to waive their refund fee FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) THIS FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) ("First Amendment") is made and entered into as of the 1st day of July, 1996, by and among the Members of the South Bay Cities Council of Governments. RECITALS: A. The South Bay Cities Council of Governments ("South Bay Cities COG") is a joint powers agency established in 1995 pursuant to an agreement approved by the legislative bodies of the respective public entities that constitute its Members. B. The Governing Board of the South Bay Cities COG wishes to propose to the Members this First Amendment to the Agreement Establishing the South Bay Cities Council of Governments (A Joint Powers Authority) (the "Agreement"). NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Section 11. of the Agreement is repealed in its entirety and replaced with the following: "Section 1-1. Election of Chair and Vice -Chairs. The Chair of the Governing Board shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by direction of the Governing Board. The Vice -Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board or the Chair. The Vice -Chair (Finance) shall serve as Chair in the absence of the Chair and the Vice -Chair and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Governing Board or the Chair. In addition, the Vice -Chair (Finance) shall supervise the Treasurer and Auditor in the performance of the duties assigned to them by Section 14 of the Agreement. A Governing Board Representative shall be elected annually to the position of Chair of the Governing Board, a second Governing Board Representative shall be elected to the position of Vice -Chair of the Governing Board, and a third Governing Board Representative shall be elected to the position of Vice -Chair (Finance) of the Governing Board, at the first regular meeting of the Governing Board held in May of each calendar year. The terms of office of the Chair, Vice -Chair and Vice -Chair (Finance) shall commence on July 1 and expire on the succeeding June 30. If there is a vacancy, for any reason, in the position of Chair, Vice -Chair or Vice - Chair (Finance), the Governing Board shall forthwith conduct an election to fill the vacancy for the unexpired term of such prior incumbent. 2. Effective Date. The effective date ("Effective Date") of this First Amendment shall be the first day of the first month following the date on which two- thirds. (2/3) of the legislative bodies of the Members have approved this First Amendment. 3. Except as expressly so amended by this First Amendment, the Agreement remains in full force and effect. Mayor, City of Carson Mayor, City of Gardena AT 1"EST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Mayor, City of El Segundo Mayor, City of Hawthorne ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney 2 Mayor, City of Hermosa Beach Mayor, City of Lomita ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Mayor, City of Inglewood Mayor, City of Los Angeles ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Mayor, City of Lawndale Mayor, City of Manhattan Beach ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney 3 Mayor, Palos Verdes Estates Mayor, City of Rolling Hills ATTEST: ATI EST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Mayor, Rancho Palos Verdes Mayor, Rolling Hills Estates ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Mayor, City of Redondo Beach Mayor, City of Torrance ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney emd(p:\word\SBCCOG I .doc) 4 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. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF THE OFFICE OF VICE -CHAIR (FINANCE) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND TO ATTEST THE AMENDMENT. WHEREAS, the South Bay Cities Council of Governments, (a Joint Powers Authority) was formed in 1995; and, WHEREAS, that organization now wishes to create a new elected position titled Vice Chair (Finance); and, WHEREAS, such an act requires amendment of the Joint Powers Authority agreement by a vote of not less than two thirds of the member cities; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby resolve as follows: 1) The First Amendment to Agreement Establishing the South Bay Cities Council of Governments (a Joint Powers Authority) is hereby approved; and, 2) The Mayor and City Clerk are hereby authorized and directed to execute and to attest the said First Amendment on behalf of the City of Hermosa Beach. PASSED, APPROVED, and ADOPTED this 8th day of April, 1997. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY Page 1 1' Mayor and Members of the City Council ORDINANCE NO. 97-1170 - CALIFORNIA,. AMENDING 17.08.030(L) TO MODIFY FEET OR LESS) , AND DECLARATION." 7 April 2, 1997 City Council Meeting April 8, 1997 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, THE R-1 DEVELOPMENT STANDARDS, SECTION THE EXCEPTION FOR SMALL LOTS (2100 SQUARE ADOPTION OF AN ENVIRONMENTAL NEGATIVE Submitted for adoption and waiver of full reading is Ordinance No. 97-1170, relating to the above subject. At the meeting of March 25, 1997, this ordinance was presented to Council for consideration and was introduced by the following vote: AYES: NOES: ABSENT: ABSTAIN: Noted: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky None None None Stephen R. Burr; l," City Manager 4:az_ 1 ORDINANCE NO. 97-1170 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING 2 THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE 3 EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. 4 5 WHEREAS, the City Council held a public hearing on March 11, 1997, to consider the 6 recommendation of the Planning Commission to amend the R-1 open space requirements, to 7 consider the negative declaration, and to receive oral and written testimony and made the following 8 Findings: 9 A. The current requirements for open space are necessary to protect the public welfare 10 as they serve to preserve the character of residential neighborhoods and the 11 compatibility of new development with existing development, in addition to 12 providing for light, air, yard space, and avoiding the construction of box -like 13 structures. 14 B. The current method of requiring open space, however, does not adequately 15 recognize the unique situations and difficulties in constructing homes that meet 16 current market standards for size and convenience; 17 C. The City Council concurs with the Planning Commission and with the Staff 18 Environmental Review Committee's recommendation, based on their environmental 19 assessment/initial study, that this subject text amendments will result in a less than 20 significant impact on the environment, and therefore qualifies for a Negative 21 Declaration. 22 23 NOW, THEREFORE, the City Council City of Hermosa Beach, California, does hereby 24 ordain that the zoning ordinance text be amended as follows: 25 26 SECTION 1.. Amend Section 17.08.0309(L) Sub -section (a) to read as follows: 27 "(a) Exceptions for Small Lots: Lots of 2100 square feet or less in area 28 shall be allowed a minimum of three hundred (300) square feet of usable open spacF ti -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 with minimum dimensions of seven (7) feet in length and width, and all of the required usable open space may be provided on balconies or decks provided that at least sixty percent (60%) of usable open space is directly accessible to primary living areas (living rooms, family rooms, and kitchen and living room or family room combinations). and located on the same floor level as the accessible primary living area." Lots within 10% of the lot size identified above (i.e. 2101 - 2310 square feet) may also be permitted some or all of the open space exception for small lots, pursuant to the above paragraph, subject to review and approval by the Planning Commission if found justifiable based on any of the following reasons: • To achieve a consistent and comparable amount of indoor living space with existing dwelling units in the immediate neighborhood; • To allow design flexibility in the application of the open space standard in conjunction with the remodeling and expansion of existing structures • To allow an innovative design which otherwise is consistent with the goals and intent of the open space and development standards for the R-1 zone; • To address unusual lot configurations or topography, as compared with surrounding lot and development patterns" 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 -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 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 8th day of April by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -3- 4/--Y -7 March 31, 1997 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 8, 1997 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT FOR R-1 PLANNED DEVELOPMENT FOR A FIVE LOT SUBDIVISION (FOUR SINGLE FAMILY DWELLINGS) VESTING TENTATIVE TRACT MAP # 52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532-540 20TH STREET Recommendation: Continue'to the next regularly scheduled City Council meeting to provide time for applicant to respond to City consultant report on proposed drainage plans for project Background: The subject appeal was set for hearing at the City Council meeting of March 11, 1997. The Council directed staff to return with an assessment by the Public Works Department on the proposed drainage plans for the project based upon analysis by the City's consulting engineer. The consultant's report was issued on March 28, 1997 which has not provided sufficient time for response by the project applicant. A report is also required by the Public Works Department pursuant to Council direction. Recommendation: Continue the appeal to the next regularly scheduled City Council meeting. Sol B ume Communi ld, irector evelopment Department Stephen R. B I, City Manager 4 7 ITEM #5 REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF -SALE BEER AND WINE LICENSE. This item was continued from meeting of March 25, 1997 TO REVIEW STAFF REPORT, PLEASE REFER TO ITEM #11 IN THE AGENDA PACKET OF MARCH 25, 1997. STAFF REPORT ALSO AVAILABLE FOR REVIEW IN THE CITY MANAGER'S OFFICE AND CITY CLERK'S OFFICE. PRODUCTS COMPANY April 1, 1997 City of Hermosa Beach Councilmember J. R. Reviczky 600 Ardmore Avenue Hermosa Beach, CA 90254 CUP 96-15 UNOCAL SERVICE STATION NO. 1840 755 PIER STREET HERMOSA BEACH, CALIFORNIA Dear Councilmember Reviczky: In anticipation of the April 8, 1997 City Council hearing to consider our request to issue a letter of public convenience and necessity for the above project the following is provided. On March 4, 1997, the Planning Commission approved the construction of a FASTBREAK food mart and a PROWASH Express car wash and gasoline facilities at this gateway location in the City of Hermosa Beach. The parking lot of our business is sufficient in size to accommodate the parking needs of our FASTBREAK customers and will not tend to create parking concerns for the adjacent properties. The parking lot will be illuminated for security and will be continually monitored. Care will be exercised to ensure that such lighting does not adversely affect the nearby properties. We continue in our strong tradition of being a responsible retailer by complying with ABC laws and regulations, as well as, following the retail standards outlined in 25612.5 and 23790.5. The cashier's area will be situated in such a way so as to maximize observation capabilities of the cashier and other personnel within the store. Police patrols will have a clear and unobstructed view of the site from the street and can easily observe the interior of the store from the street as well. There will be an interior restroom available to our customers which will be monitored continually for safety and cleanliness. 555 Anton Blvd., Costa Mesa, California 92626 Mailing Address: P.O. Box 25376, Santa Ana, California 92799-5376 Telephone (7141 428-8051 A Unocal Company Councilmember Reviczky April 1, 1997 Page 2 Our site operator and employees will participate in and successfully complete a comprehensive training program which includes segments on safety and accident prevention, loitering deterrence, responsible tobacco retailing and alcohol awareness and effective merchandising. 76 Product Company's track record throughout the State of California is exemplary, and we do not anticipate any crime problems at this location due in part to the proactive approach 76 Products Company and Spirit Enterprises, Inc. takes to the operation of our FASTBREAK stores. Before selecting this location, 76 Products Company conducted marketing surveys to determine the viability of this use at this location. It was determined that this site will serve public convenience and necessity due, in part, to its location on two major thoroughfares, Pier Street and Pacific Coast Highway. Our marketing research indicates beer and wine will constitute a small portion of overall sales. However, we have found that customers expect to pump their gasoline and take advantage of the market to pick up small grocery items such as a carton of milk, loaf of bread or a soda. Our experience show that customers want to be able to satisfy most or all of their quick shopping needs while their motor vehicle is being fueled. If we do not meet the needs of our customers they will not return to our station. Realigning our services with the market conditions gives 76 Products Company the opportunity to reinvest in the community. There are no other off sale sites in the vicinity that have developed a program to regulate their own sale of beer and wine as 76 Products Company has. We have established these guidelines for the operation based on our operational experience, community concern and law enforcement recommendations. Spirit Enterprises, Inc. has incorporated a number of conditions in the procedures proposed for this location that will reduce the opportunity of our business interfering with the quiet enjoyment of the nearby residents. These conditions include restrictions on hours of sale, no magnum beers, fortified malt liquors or wines will be permitted, no coin operated amusement devices or video games and loitering and littering will be strictly prohibited: 76 Products Company welcomes the opportunity to meet the demand of the motoring public by providing the convenience of state of the art fueling and market facilities offering a full array of products. Councilmember Reviczky April 1, 1997 Page 3 76 Products Company has expended great time and effort assembling a team of experts including architects, engineers, security consultants, management and training programs and traffic consultants to design a facility which will assure that no negative contribution to crime statistics will occur. Public convenience and necessity will be served in the City of Hermosa Beach by providing its citizens with an attractive, clean,'well lit, safe, continually monitored state of the art facility and a responsible retailer who meets and fulfills both the motoring fuel requirements and grocery needs of its customers. Thank you for this opportunity to share this information with you. I will be glad to speak with you should you require any additional information prior to next week's hearing. I look forward to speaking with you in the very near future. M EA/bmf cc: City of Hermosa Beach Mr. Stephen Burrell City Manager 1315 Valley Drive Hermosa Beach, CA 90254-3885 ree Elana Arenas James Lissner 2715 El Oeste Hermosa Beach, California 90254 (310) 376-4626 March 25, 1997 Hermosa Beach City Council City Hall 1315 Valley Drive Hermosa Beach, California 90254 Re: Meeting of March 25, item 11, Unocal Councilmembers: You are being asked to make a determination of "Public Convenience or Necessity". Did you know that that phrase is undefined - that the ABC Code (Business and Professions Code Section 23000 et seq.) contains NO definition at all? How are you going to find Public Convenience or Necessity when no one knows what it is? Is one more convenience store on Pier Avenue where we already have Roberts', Abe's, Altadena and Simpson's down the street and Sav-On and Von's on the same block, Public Convenience or Necessity? Is it one more convenience store on PCH where we already have Coast, 7-11, Thrifty Oil, Ralph's, Manhattan Liquors, and Lucky? Is Public Convenience or Necessity met when the applicant's project will simply duplicate services provided one block away (at Thrifty Oil) ? Is it Public Convenience or Necessity when you know that the last time you checked (decoy operation of July 1994), small liquor outlets such as the one proposed here were more likely than not to sell liquor to teenagers (such as the children four of you are raising)? Is it Public Convenience or Necessity when you know that gas stations get robbed a lot, that in fact both nearby stations were robbed in 1996 (see attached official printout of 1996 robberies), and that in general the project's block has such a disturbing number of robberies and carjackings that full-time private security is on patrol? Is it Public Convenience or Necessity when you know that assaultive violence occurs in proportion to liquor outlets (the Scribner report), that in our town it occurs near those outlets (see attached 1995 and 1996 maps), and that we already have an. existing cluster of outlets and violence at PCH/Pier? Is it Public Convenience or Necessity when you know that the government's efforts to prevent robberies, carjackings, and assaults at new liquor outlets and parking lots costs more than the tiny marginal increase in income we have seen as we have added more liquor outlets to those dividing up the pie? So what is Public Convenience? In the absence of an official definition, I define Public Convenience not simply as a project that will be convenient, but one that will make a significant improvement in the convenience of availability of a service. This project does not meet that definition. While the proposed project will provide a service, and will undoubtedly have many satisfied customers, its services are simply duplicative of services in the immediate neighborhood and offer no improvement in the availability of them. Gas and snacks are available in one quick stop at the Mobil and the Thrifty Oil just down the street. The Thrifty Oil has liquor, too. I have bought gas at the Thrifty Oil many times and never have had to wait more than a minute to be served. How can the proposed project improve upon that convenience? And what is Public Necessity? Is this project Necessary? Is having an additional outlet for gas, snacks, and liquor necessary? I submit that when a project is only one of many providers of a necessity, and is likely to consume more city services than it will bring in increased taxes, it is not necessary. You may not agree with the above. So, .1 hope you will go on record as to what you think Public Convenience or Necessity is. Sincerely, Attachments: 1996 robberies: HBPD official printout 1995, 1996 assaults: Maps of geog. distribution ikkkkkkkllkkkkklAAAAkkkkkkkkkkkkkkkkk*kkkkkkkkkkkikkkkkkkAAAAkkkkkkkAkMMAAkkkkkkAAAWAkkkkkklkkkkWAAkkkklkAkAAAAAAkAAAAtAAAA AAA AAkAAAAkAWAAAAAAAAAAWAWAMAWAAAWAAAWAAAAAAAAAAAAAAAAAAAAWAHAAAAWAAkAkAkid kkkkkkkkkAkAkkkkkkkkkk A AAAAkAWAAkkAA M M III L L EEEEE RRRR MM MM ILLERR MMM I L L E RI 1 L L EEEE RRRR 14 14 1 L L E RR MMIL L ERR M M III LLLLL LLLLL EEEEE R R H H BBBB EEEEE HHBBE HHBBE HHHHH BBBB EEEE HNBBE HHBBE H H BBBB EEEEE AkkkkikkAkiakkkkkkkkAAAAAAkkAAAAWAAAMAAAWAAkkkAAkkidakkAAkAAAkAAAAAAAAAAkkAkkkkAkkAAAAkAkklkkkAAAAAAAkkkAAWAAAkAAAAAAAAAW 1 L L L L L LLLLL III SSS TITTT 1 55 1 1 S T 1 S 1 I S I SS 1 III SSS T ( 668 M M ) ( B B MM MN ) 8 8 M M M ) ( BBBB M M4 ) ( B 8 M M ) ( 8 B M •11 ) ( BBBB M M ) CFC RRRR C CR. R C R R c RRRR C RR C CRR CCC R R 1I1 I I I I 1 111 M M EEEEE RRRR EEEEE CCC MM MM E . .R R .E C C MMM E '' R R E C M M EEEE RRRR EEEE C M M E RREC M M E 00 E CC M M EEEEE R R EEEEE CCC 000 RRRR DDDD SSS 0 00 011 1155 0 0 0 0 13 13 S 0 0 RRRR D D S 0 0 00 DDS 00000055 000 R R DDDD SSS AAAAAAAAAWAWAAAAAAAALWAAAAAWAAAAWAAAWAAWAAAAAAAAWAAW AAAWAAAAAkkkAAkkAkkkkkkkkkkkAkk#kkAAWAkAAWAiAkAAAAAAA: OPTION: LISCRI PROGRAM: RECLISCRI SPEC: RECLISCRI REOUESTED BY: MILLER 0N: TXAI AT: 03 -Feb -144 2:22 PM PARAMETERS: 1-Y 2- 3- 4 - 030000 5 - 031470 G- 7- 8- 9- 10 - 11 - 010196 12 - 12319G ISD TIME RkPORT STARTED RUNNING IS 03 -Feb -97 / 12:25 PM 00 NOT DETACH FROM REPORT AAAAW AAAAAAAW AW AAAAAAAAAW AW AAAAW AAAW AW AAAAAAIMAAW AAAAAkkkAAAkkkk AW AAAAAW AkkAAkAkAkk W ILAW AWAAAAAAAA AAAAAWAAAkkkkAkAkkAAkAAkkAWARAWAWAAAAAAAAAAWAAAAAAAAAAAMMAAMAAWAAAAAAWAAAAAAAAWAAAAAAAAAWAAAAAAAAAAAAAAAAW 3 RECLISCRI (BM) CRIME RECORDS BY NATIONAL CODE FROM 030000 TO 031470 (DATE FROM 01/01/96 TO 12/31/96) REPORTING NATCOD DESCRIPTION CASE HO. RD OFICER NAME CLERK TY SECTION AS OF 03 -Feb -97 12:23 PM PAGE 1 OCCURRENCE CLOSE DESCRIPTION DATE TIME DOW OFICER STAT 030110 ROB GUN HWY 96-000633 2 HB0119 JAAKOLA LANCE HBC081 PC 211 LOCATION: HERMOSA AV. /30TH St. , HB 030110 ROB GUN HWY 96-001316 2 HB0038 CRAY TOM LOCATION: 429 31St ST., HO 030110 ROB GUN HWY 96-001317 2 H00038 CRAY TOM LOCATION: 429 315T ST., HB 030110 ROB GUN HWY 9G-003754 1 HB014G MCCOLGAN, LAN RC001 LOCATION: HERMOSA AV. /4TH ST. , HB HBP073 PC 211 HBP073 PC 211 030120 ROB GUN COM 96-000320 3 HB0102 TUREK TIM LOCATION: 1160 AVIATION AL., HO PC 211 HBP075 PC 211 030120 ROB GUN COM 96-002680 3 HB0122 BOHACIK DAVID HBP073 PC 211 LOCATION: 2200 PCH, HB 030120 ROB GUN COM 96-004032 3 HB0143 RAMIREZ, JAIM HBP070 PC 211 LOCATION: 102.5 PACIFIC COAST NY., HA 030120 ROB GUN COM 9G 004248 3 HB0099 WOLCOTT PAUL HRPI03 PC 2ki•'~ LOCATION: 901 AVIATION BL., HB 'JF 030130 ROB GUN GAS 96-000263 3 HB0121 LOCATION: 1131 PACIFIC COAST HY., HD 030130 ROB GUN GAS 96-001785 3 HB0119 LOCATION: 931 PACIFIC COAST HY., HD VINCENT WILLI HBC081 PC 211 -rft R 1 f -r j O 1 �--- JAAKOLA LANCE HBC081 PC 211 IA 0 61 030150 ROB GUN RES 96-003048 1 HB0141 CHARLES BILL HBP070 PC 211 LOCATION: 327 6TH St., HB 030170 ROB GUN MIS 96-004333 3HB0100 MITCHELL KIM HBP075 PC 215 LOCATION: 709 PIER AV., HA 030170 ROB GUN MIS 96-004336 3 HB0114 RICKEY DAVID HBP075 PC 215 LOCATION: 709 PIER AV., HB 030220 ROB RIF COM LOCATION: 3201 030360 ROB 0tH BNK LOCATION: 90 030410 ROB S/A HWY LOCATION: 1107 030410 ROB S/A HWY LOCATION: 96-002339 2 HB0142 AVERILL, KEVI HBP073 PC 211 MANHATIAN AV., HD 96-002379 1 HB0142 AVERILL, KEVI HBP075 Pt 211 PIER AV., HB 96-000545 3 H00071 BOHLIN TOM HBC081 PC 211 PCH, HO 96-000809 3 HB0065 KOEBSELL JOHN RC001 PC 211 PCH /21ST St. , HO 030410 ROB S/A HWY 96-000985 3 HB0102 TUREK TIM HBC078 PC 211 LOCATION: 916 AVIATION AL., HB ATTEMPT ROBB 02/28/96 2047 WED DESCRIPTION: ROBBERY 04/26/96 1630 FRI HB0109 S DESCRIPTION: ROBBERY 04/26/96 1640 FRI H00109 S DESCRIPTION: ATTEMPT ONLY ROBBERY 11/08/96 1930 FRI DESCRIPTION: SEE RPT 96-3755 ROBBERY 02/02/96 FRI DESCRIPTION: ROBBERY 08/07/96 0830 WED H00121 S DESCRIPTION: ROBBERY 12/06/96 FRI DESCRIPTION: ROBBERY 12/24/96 0743 TUE DESCRIPTION: ROBBERY 01/27/96 2200 SAT DESCRIPTION: ROBBERY 06/04/96 0519 TUE DESCRIPTION: ROBBERY 09/07/96 SAT DESCRIPTION: CARJACKIN 12/30/96 MON TION: CARJACKING 12/30/96 MON DESCR '.TION: ROBBERY 07/12/96 FRI HB0109 S DESCRIPTION: ROBBERY 07/15/96 MON DESCRIPTION: 5 ROBBERY 02/19/96 2000 MON DESCRIPTION: S ROBBERY 03/02/96 1300 SAI DESCRIPTION: COURTESY REPORT/MTA ROBBERY 03/30/96 SAT H80126 J DESCRIPTION: RECLISCRI (BM) CRIME RECORDS BY NATIONAL CODE FROM 030000 TO 031470 (DATE FROM 01/01/96 TO 12/31/96) REPORTING NAICOD DESCRIPTION CASE NO. RD OFICER NAME AS OF 03 -Feb -97 12:23 PM PAGE 2 OCCURRENCE CLOSE CLERK TY SECTION DESCRIPTION DATE TIME DOW OFICER STAT 030410 ROB S/A HWY 96-002928 1 HB0143 RAMIREZ, JAIM HBP073 PC 211 ' LOCATION: 1300 BEACH DR., HB 030410 ROB S/A HWY 96-003377 2 HB0078 THOMPSON TOM HBP073 PC 211 LOCATION: 0 13TH ST., HB 030410 ROB S/A HWY 96-003749 2 HB0144 STRATIS, RICH HBC080 PC 211 LOCATION: HERMOSA AV. /181H ST 030450 ROB S/A RES 96-004331 2 HB0100 MITCHELL KIM LOCATION: 2410 MANHATTAN AV., HB 030470 ROB S/A MI5 LOCATION: 96-003014 1 HB0141 CHARLES BILL THE STRAND /11TH ST. , HB 030470 ROB S/A MIS 96-004124 1 HB0102 TUREK TIM LOCATION: 2 2ND S1., H8 031110 A/ROB GUN HWY 96-001342 2 HB0114 RICKEY DAVID HBC081 PC 211 LOCATION: MONTEREY BL. /PARK AV. , HB 031410 A/ROB S/A HWY 96-002870 2 HB0144 STRATIS, NICH HBP070 PC 664/211 LOCATION: 157 PIER AV., HB HBP075 PC 211 HBP073 PC 211 HBP075 PC 211 2G CRIME RECORDS PRINTED -1444 ROBBERY 08/29/96 1244 THU HB0126 S DESCRIPTION: ROBBERY 10/04/96 2150 FRI.H80126 S DESCRIPTION: LOT B ROBBERY 11/07/96 2100 THU DESCRIPTION: ROBBERY 12/30/96 1800 MON DESCRIPTION: ROBBERY 09/03/96 2338 TUE HB0140 DESCRIPTION: ROBBERY 12/15/96 0229 SUN' DESCRIPTION: ATIMPT ROBBRY 04/28/96 0100 SUN DESCRIPTION: ATTEMPT ONLY ROB- 08/24/96 SAT DESCRIPTION: S Yk • cic4— �' \ LONGFELLOW AVE cc 60 ` Jo ,3OTST a WI Q -E N n. MA' ITA l�c o .0 S1 •'�� • m ,AVE W wt 25 Q o -. V3 9 �is N..- �•,� BOUNDAhY ASSAULTS - 1995 GEOGRAPHIC DISTRIBUTION PROVIDED BY: CITIZENS TO SAVE HERMOSA BEACH (310) 376-4626 ARTESIA-4-- -BLVD 1J9 0r 9 7 r Gt bo 20tH IJT• Gr - y •^[ 110.x G9 0 st ' )) 35 23. 6Av:bgo QUER Q�YS\ - 5\\ Oj' `. A VIEW TRK Z. A3 249 ,t1" 78 1H 106 ° � t o \ ``s 1i- ,6 sl tj v olvk 53--� I I�- cis if V _ �,Sg HERMOSA BEACH ; 59 g1q. SZ MUNICIPAL PIER 'yb 70 r? _ -33 o ----;.0 Hv 1s �\r�� n • v cif F•\ :9 '0 T C O Ili .F SI ' p I" The numbers shown in the dots on this map refer to Key Numbers we have added to the Hermosa Beach Police Department print-out entitled "Listing of Crime Records by National Code," codes 040000 to 040502, February 7, 1996, copy attached. 0 \-43 - ,s ,�H.. s 'Tj -3--' r� D 9 o 51._gTi1- v 2 1 i`H Si v 1 i Z... 49 .^' .z 0 SI `3H .2V-- '.".'-...f tP cP %:• ••`:;134 16 ��c S97 z T, 11st,.'"_ 51-.,51 \,.).-------",--,-- .,ro(1 - . cp \s , S7 .,:.ryamo. Ir � _.. ;/� � ^, •i \T t .- si I: 1....„.„......2.---• \•9 211 S • ce, Lissner, 4-1-1 ')1100 ;G- • BOUNOAOtY LONGFELLOW ,AVE i T 25TH MA IAA Vi ITA 0 PORTER LRS 24TH • 204 �%� HERMOSA BEACH MUNICIPAL PIER tr T'Q IH 201 ASSAULTS - 1996 GEOGRAPHIC DISTRIBUTION PROVIDED BY: CITIZENS TO SAVE HERMOSA BEACH (310) 376-4626 'ARTESIA-- •-BLVD '0 151 rio '20 cri 0.24 S y rp - 9 \• 'i r1 0,12:‘t. :. 0 13 CW c .'04- 4,1Ati4 ralL-t° VAD1 The numbers shown in the dots on this map refer to Key Numbers we have added to the Hermosa Beach Police Department print-out entitled "Listing of Crime Records by National Code," codes 040000 to 040502 91 ') " 6JSi--) 2 Vf • • Lissner. 3-16-V1 )ciee 04--04-97 05:48PM FROM MKTG ENGING/CONSTR TO 913103769380 PO 1/004 PRODUCTS COMPANY April 4, 1997 City of Hermosa Beach City Hall Commissioner J. R. Reviczky 1315 Valley Drive Hermosa Beach, CA 90254-3885 FAX 310 376-9380 =CAL SERVICE STATION N 1840 755 PIER STREET • HERMOSA BEACH, CALIFORNIA Dear Councilmember Reviczky: It was a pleasure to speak with you this afternoon. Attached are our voluntary conditions identifying the operational guidelines under which the proposed fadllty will operate upon construction completion. We encourage their inclusion in the Council's consideration of the issuance of a letter of public convenience and necessity for the above location. I would appreciate your sharing thls information with the other members of the Council. Should you require any additional information, please do not hesitate to call me at (714) 428-6442. MEA/bmf Enolosure cc: Mr. Stephen Burrell City Manager rely, a.Glq' ree Elena Arenas Entitlement Manager 555 Anton Blvd.. Costa Mese, California 62626 Mailing Address: P.O. Box 25376, Sante Ana, California 92799.5376 Fax (714) 429-aD51 A Unocal C o m p■ n y 04-04-97 05:48PM FROM MKTG ENGING/CONSTR TO 913103769380 P002/004 APPLICANT'S VOLUNTARY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 1840 755 PIER STREET HERMOSA BEACH, CALIFORNIA Applicant voluntarily agrees to limit the parameters of his operation as follows: 1. Alcoholic beverage sales shall be limited to beer and wine only with no hard or malt liquor sold; 2. The hours of sale of beer and wine shall be limited so that no sales occur after 12:OO,a.m. 3. Applicant shall post signage at food mart precluding consumption of alcoholic beverages on site and precluding loitering; 4. Applicant shall post signs at the food mart in compliance with any and all municipal codes notifying the public in both English and the predominant second language in the area with regard to open containers. 5. There will be no beer and wine advertisement located on the motor fuel island or on the exterior of the building; B. No beer shall be sold in Tess than six pack quantities; 7. No ice in quantities of Tess than 2 pounds shall be sold, furnished or given away: 8. No beer and wine will be displayed within five feet of the cash register or the front door, unless, of course. it is in a permanently affixed cooler; 9. No beer and wine display will be made from an ice tub; 10. No fortified wines will be sold; 04•-04-97 05:48PM FROM MKTG ENGING/CONSTR TO 913103769380 P003/004 APPLICANT'S VOLUNTARY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 1840 755 PIER STREET HERMOSA BEACH, CALIFORNIA 11. No self illuminating advertising for beer and wine shall be located on the building or windows; 12. Employees on duty between 10:00 p.m. and 12:00 a.m. who sell beer and wine shall be at least 21 years of age; 13. There will be no coin operated amusement devices or video games on the premises; 14. Applicant will secure the premises with appropriate security lighting and employee scrutiny of the adjacent areas under which the applicant has control to preclude trash, graffiti or littering and any such lighting under the control of the applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. 15. Applicant shall provide adequate lighting above entrance to the premises sufficient in strength to make visible the identity and actions of all persons entering or exiting the premises; 16. Any graffiti painted or marked upon the premises shall be removed or painted over 72 hours of the discovery thereof; 17. All Improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material; 18. Signs and curb painting shall be utilized on site to encourage parking in designated parking spaces; 04-O4-97 05:48PM FROM MKTG ENGING/CONSTR TO 913103769380 P004/004 APPLICANT'S VOLUNTARY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 1840 755 PIER STREET HERMOSA BEACH, CALIFORNIA 19. A sign will be posted in the window to identify that the cash register contains $50.00 or less in cash and the drop safe is not accessible to employees; 20. There shall be no sale or rental of any adult magazines, videos, tapes, discs or films at this location. 21. The public restroom will be available for public use while the FASTBREAK food mart is physical open for business. 22. The site operator will be required to attend, participate and successfully complete a three week training program which will include and is not limited to training segments on safety, accident prevention, robbery deterrence, facility maintenance and litter control. responsible tobacco retailing, alcohol awareness and effective merchandising. All facility personnel will be required to participate in periodic reviews. 23. The food mart is equipped with a security camera capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times and shall be subject to periodic inspection by the local police department. 24. The hours of operation of the ProWash Express service car wash will be 8:00 a.m. to 6:00 p.m. daily. 25. The car wash operator shall employ persons during all business hours to dry vehicles exiting the wash tunnel and take appropriate measures to preclude unauthorized persons from approaching customers seeking to dry such vehicles. March 26, 1997 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 8, 1997 YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE Recommendation It is recommended by the Parks, Recreation and Community Resources Commission that Council conceptually approve a joint City project to construct a skateboard track at the Triton Oil Site in Redondo Beach. Background At the March 26, 1996 meeting, youngsters presented a petition to the City Council requesting the addition of a skateboard track to South Park. In response to that, Council directed the Parks Commission to take the matter under consideration (see Attachment A). After a preliminary report on these facilities, the Commission elected a subcommittee to • investigate the issue further. Finding it difficult to identify a location in the City that would be suitable for a track, the subcommittee began to explore alternative sites including the SCE property immediately adjacent to Hermosa Beach. The SCE idea was ruled not feasible both due to anticipated future uses for the property and to community perceptions about the power lines. During this process, the subcommittee met with Parks Commissioners from the City of Redondo Beach who eventually identified the Triton Oil Site as a potential location for a track. This concept was presented and approved by the Hermosa Beach Commission at their March 19, 1997 meeting. Analysis In the interests of efficiency, the Commission wished to obtain conceptual approval from City Council prior to advancing any further efforts with Redondo Beach. To that end, the Council needs to determine: (a) if there is support for a skateboard track and (b) if the City would be interested in pursuing a joint project with Redondo Beach at the Triton Oil Site. In addressing those issues, clearly Council will be greatly concerned with the issues of location (e.g., will it be convenient enough to serve the needs of Hermosa Beach youth?) and funding. The proposed skateboard track is estimated to cost from $100,000-150,000 to construct with operational costs to be determined. No proposals have been developed with regards 1 6 to cost sharing between the cities since neither City has obtained conceptual approval for the project. Staff has identified a potential funding source for track construction called "At -Risk Youth Recreation & Service Facilities Competitive Grant Program" administered by the LA County Regional Park and Open Space District (a program funded under Proposition A: The Safe Neighborhood Park Act of 1992). Nearly $4 million will be available on a competitive basis in May, 1997 for projects that benefit at -risk youth County wide. With a joint City application and the vandalism experienced in both cities attributable to skateboarders, the project may fare well in meeting grant criteria. Absent this funding, there may be opportunities for some private donations based on the level of expressed enthusiasm for this facility. Operational costs are to be determined and will be dependent on whether or not the facility would be supervised and what maintenance issues will accompany the opening of the track. The Harbor Commission in Redondo Beach has expressed initial reservations regarding the use of this property for a skateboard track as have some of the Harbor area merchants. As such, it remains to be seen whether or not this concept has an opportunity for success. If this project cannot advance past the conceptual approval stage, the Commission will provide Council with alternative recommendations about the skateboard track. Fiscal Impact: None 1 Attachments: A: Commission agenda item "Preliminary Report: Skateboard Track" 5/15/96 Respectfully Submitted, Mary ney Co unity Resources Director Concur: Stephen R. B City Manager 2 PRELIMINARY REPORT: SKATEBOARD TRACK111 May 8, 1996 Chairperson and Members of the Parks, Recreation and Community Resources Advisory Commission Attachment A Regular Meeting of May 15, 1996 Recommendation It is recommended by staff that the Commission receive and file this report. Background At the March 26, 1996 City Council meeting, youngsters presented a petition to the City Council requesting the addition of a skateboard track to South Park (Attachment A). In response to the public input, City Council asked that the Parks and Recreation Commission take the matter under consideration. Analysis Staff gathered information regarding skateboard tracks from cities who currently have them and from those who have proposed new facilities. The information is summarized for the Commission in Attachment B. Staff also conducted an onsite visit to the Huntington Beach tracks to gain an understanding of the operation and structure of these facilities. Clearly, the addition of a track in one of our City parks may meet a recreational demand not currently served by the park system. The concept behind these tracks is to identify an area where skateboarding is acceptable; since it is generally prohibited in so many other areas of cities. In Hermosa Beach, skateboarding is prohibited in commercial areas; at the municipal pier; and in public parking lots. Skateboarding is currently permitted in City parks; the Strand; and in residential areas. Location The difficulty in proposing a track in Hermosa Beach rests in finding any suitable location. The activity is high impact (high participation and noise), can attract graffiti (see attached report in which most facilities actually allow graffiti), and requires approximately 1/3 of an acre of land. Taking the lead from other facilities (e.g., Huntington Beach), the ideal location for a track would be: • in a non-residential area. • in an area that would not be sensitive to noise (e.g., Huntington Beach's two facilities are located adjacent to streets with heavy traffic that are intrinsically noisy). • in a location with adequate parking to accommodate the anticipated participants (reportedly and observably, it is the norm for people to drive to the skateboard tracks, unload the skateboards from the trunk and skate. At the Huntington Beach site, this was observed at both tracks). • in an area that could be easily patrolled (if the City would opt not to tolerate graffiti). • in an area of adequate size to accommodate the needs. Taking those criteria into account, staff had great difficulty in finding any space in the City that could accommodate the need without creating an impact that would conflict with neighborhoods or other park uses. Listed below are some potential locations ranked in order of desirability for a track: 1. Greenwood Park: This location on PCH certainly would not pose any significant conflict with our residential neighborhoods. Public parking is plentiful and there are currently no programmed uses of that park. To take away green space for a cement track, however, may not be well-received by the public. Additionally, it is anticipated that the commercial businesses in that complex may have strong objections to this added use. 2. Hermosa Valley Park: The existing basketball courts could serve as an area for a small track. The programmed use of this park is not as great as South or Clark, making the additional parking demands easier to accommodate. This park is not without its residential sensitivity and there may be some concern about the removal of the basketball courts and to the compatibility of skateboarding with picnic and other park uses. 3. South Park: Building a track here would require removal of open green space (the suggested area in the upper parking lot would not be compatible with the residential area) and it is difficult to imagine the park absorbing another intense use considering the limited parking resulting from existing roller hockey programs and other park uses. 4. Clark Stadium: A track could be incorporated with the new master plan, however, with the parking situation already being perceived as problematic, the addition of another intense use may be next to impossible for this park to absorb. 5. Downtown Parking Structure: The City will soon be reviewing a proposal for a multistory structure to replace Parking Lot C. Perhaps an inventive design could include a beachfront track in or adjacent to the structure. This alternative is quite remote considering the commercial value of the space and the perceived security problems that may occur with this kind of a track. The remainder of the City's parks are located in residential areas and/or have limited parking adjacent to them. Noble Park has restrictions on its use dictated through the ballot initiative that prohibits structures of any kind on it. Programming / Liability As indicated in the attached report, most of the tracks operate in an unstructured and unsupervised environment. The Huntington Beach facilities posted signs identifying rules and regulations and required safety equipment (attached). Notably, staff did not observe anybody wearing the required safety equipment in either of the facilities despite the posted signs. With that in mind, it can be assumed that (unless there was supervision) the City would have to expect that participants would not wear the safety equipment as required. It is also notable that the listed cities in the attached report have not received any claims arising from the addition of the tracks. In a staff report from the City of Huntington Beach, the issue of risk in skateboarding was quantified on a mean severity index as being a 34 on a scale of 10 - 2,516 (10 being the least severe) as compared to 70 for bicycles and 335 for swimming pools. Reportedly, most skateboarding accidents occur due to irregular riding surfaces; a situation not present in a well-designed track. Summary As indicated above, staff recognizes that the addition of a skateboarding track may address a recreational need that is of particular significance to some of our youngsters and adults. Should the Commission wish to pursue this issue any further, however, the selection of a suitable site and the establishment of community support will be the most pressing and difficult issues. The Commission will also need to evaluate this recreational need and the potential needs for other recreational activities and the community desire for open space that may exist outside of this proposed use. Other alternatives available to the Commission include: 1. Select a potential location(s) for further study. 2. Approve a location and forward to City Council for review. 3. Appoint a Commission subcommittee to study this issue. 4. Request additional information. Attachments: A: Petition B: Skateboard Tract Analysis Respectfully submitted, Mary • . ; • - ey Co unity Resources Director To whom it may concern: WE; -the skateboarders of Hermosa Beach, CA, believe that the recent remodeling of former. South school into a roller hockey park_ and putting up a 'No Skateboarding' sign was unfair to all of the skaters thatlive around here. First, we believe -that if the roller hockey players should have a park built specially for their needs, then we skaters should have a park built specially for our needs. Second, we believe that a skateboard park in Hermosa. Beach would keep a lot of skaters out of trouble, because we wouldn't be skating in area's we aren't supposed to be. The park could even have a sign at the entrance that says "Enter at own risk," or "No one but yourself is responsible for injury." Finally, we ask that you would please consider our request. If it is granted, we are sure that some of the local skaters would be willing to help out in building it. We could also submit a diagram of the park including the dimensions of all of the structures that would be in it. Thank you very much for reading, and once again, please consider these requests. If there are any questions, you may contact Mike at (310) 372-5654 or Kelly at (310) 798-2406. Sincerely, Skateboard Track Analysis May 1996 Cities with Established Skateboard Tracks The cities of Santa Rosa, Santa Cruz, Pleasanton, Palo Alto, Napa and Huntington Beach all have functioning skateboard tracks within city limits. The data presented below was gathered from these cities. Size and Location All these tracks were built in pre-existing parks and one at the High School with exception of Palo Alto and Napa. These two cities created a master plan for a new park facility with a skateboard track in mind. TABLE A ;Gi t 75018"; a fii f.. *IV QfiRAE i, .4 t Mb: rs to oirlialete Santa Cruz 12,000 sq. ft. $ 55,000 1978 1 Pleasanton 8,100 sq. ft. $ 52,000 1995 ._ _ _ 5 Santa Rosa 14,000 sq. ft. $119,000 1994 2 Palo Alto 9,000 sq. ft. $110,000 1991 2 Napa 8,000 sq. ft. $ 60,000 1992 3 Huntington 2,500 sq. ft. $ 70,000 1993 1 Beach 10,000 sq. ft. $ 75,000 1994 1 The difference in years it took to develop was dependent on the developing of city ordinances and resident response. Napa had to develop a master plan for a new facility to house the skateboard track. Generally speaking, the area required for a skateboard track is 1/3 of an acre to 1/2 of an acre depending on available space and budget. Areas Surrounding Track • Santa Rosa In a 25 acre park on the edge of town. Surrounded by park on all three sides and a high school. Non -urban area., • Pleasanton Set in the downtown area surrounded by mostly commercial buildings. • Santa Cruz Bordered by a school on one side and commercial businesses and residents on the other. • Napa Centered downtown in a mostly commercial area with some private residences on one side. _ • Huntington Bch One track was built in an existing park (Murdy) located in a residential area with the larger track built near the entrance to the football stadium at Huntington Beach High School. Cost/Funding Costs have ranged from $52,000 to $119,000. (See table A) With the exception of Napa and Huntington Beach, cities used park dedication funds to finance the project. Napa received private funding for the building of their track and Huntington Beach used CDBG funds for the track at the Murdy Park site. The costs listed include consultants, material and labor. Design of the Track All the cities reported high community involvement in the development of their skateboard tracks. Task forces were formed to asses the needs and opinions of the population. A consultant was then chosen to meet with the task force, commission, city staff and skateboarders to develop a track design. Ken Wormhoudt is a Landscape Architect who was hired as a consultant to help build tracks in all the aforementioned cities with the exception of Huntington Beach. He asks skateboarders to design models out of clay and uses their guidance to develop a model. Huntington Beach hired the firm of Purkiss Rose, Landscape Architects to design their tracks. Surfacing All tracks are reinforced concrete with a trowled, smooth finish. Staffing All these tracks, with the exception of Palo Alto, are unsupervised. There are facility checks done every day and major damage or debris is reported to city maintenance. Log books etc. are kept on the facility just as it would be done for any public use facility. In general, skateboarders tend to keep the track clean and free of small debris. Palo Alto has a staffed facility and the track is open only when the rink is monitored by City employees. They have hours of operation that are adjusted for the school year and. day light savings. Annual staff costs are $26,000. ;They have signs posted that list the hours of operation. Impact on Community The skateboard tracks themselves get covered in graffiti with the exception of Huntington Beach. Pleasanton, Santa Rosa, Palo Alto and Napa have opted to leave graffiti on the tracks and only remove it if it is profane or obscene. Santa Cruz removes all outside graffiti and leaves the inside alone unless it is profane or obscene. The Huntington Beach track is periodically "tagged." The City removes the graffiti. Impact to Facility and Surrounding Area As far as damage to the track, the skateboarders seem to monitor the area themselves and there are no problems with destruction to the inside of the track. In Palo Alto the facility is fenced off and maintained by the Parks Department. Graffiti removal from facility signs is completed by facility staff and Public Works. There is an increase in the use of the surrounding facilities. Issues such as trash disposal, restrooms and other amenities need to be addressed prior to building the track. Community Response Community response has been divided in many areas. No one population wants the track built near them. Parents of skateboarders and skateboarders themselves are in full support. User Population The majority of users during the weekdays, after school hours, are between the ages of 12 and 16. On weekends the ages increase to 18 and older with skaters arriving from out of town. The population is 90 - 95% male. Estimation of users per day is between 20 - 50. Huntington Beach estimates between 80-120 users per day. Insurance In 1992 California passed a law (Assembly Bill: AB 2487) providing liability immunity for skateboarding facilities when a local government adopts an ordinance requiring the posting of signs at the skateboard track requiring the use of safety equipment, including helmets, elbow and knee pads. On site supervision is not required to see that the rules are followed. (See Attachment # 1). The cities mentioned have not increased their liability insurance but have chosen to post signs at the skateboard tracks and let participants skate at their own risk. All these cities have treated the tracks as any other high use facility and view the risk the same as public basketball or tennis courts. Palo Alto has similar signs but they also post skateboard track hours since it is a city staff monitored facility. To date there have been no claims made against the listed cities in regards to the skateboard track. The cities currently designing tracks are Ojai, Peteluma, Ventura and Antioch. - - - BILL NUMBER: AB 2487 HILL TEXT CHAPTER FILED WITH SECRETARY OF STATE APPROVED BY GOVERNOR PASSED THE SENATE ..PASSED THE ASSEMBLY INTRODUCED BY Assembly Member Sher FEBRUARY 4, 1992 112 JULY 2, 1992 JULY 1, 19921 JUNE 18, 1992 MARCH 19, 1992 An act to amend Section 25906 of the Health and Safety Code, relating to skateboard parks. . LEGISLATIVE COUNSEL'S DIGEST AB 2487, Sher. Skateboard parks. Existing law require■ operators of skateboard parks to require that persons riding skateboards therein wear a helmet and elbow and knee pads. This bill would provide that for skateboard facilities that are not supervised on a regular basis that are owned or operated by local public agencies, this requirement may be satisfied if the local public agency adopts a described ordinance and poets certain signs at the facility. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25906 of the Health and Safety Code is amended to read: 25906. (a) No operator of a skatebbard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised isnia eguly arplbasis, the iance with the requirements of subdivision (a) may be following: (1) Adoption by the local public agency of an ordinance requiring any and .person riding a skateboard at the facility to wear a helmet, elbow pa knee pads.. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facilitydmoust wst earll r a helmet, lelbow pads, and knee pads, and that any person failing o citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. --yet PS 4"0I6146T1IC POGISAlit=0 *sRos.tzt witU If xtQ►L freC •••VIlt u.2S 3%a" cii' tCR curie r, "2G'M 6L!Nr704 GO.. :73 Unlit Lve 3D. •5u4 el2N.1GI4.GG. Gd 44o60. !1L 4 41V (232-lo''43). Lewis!c' r'c maul PI cue. %`E.h4.44 m i _.' ala ' ® �.�r.. / /l •,�' �s. �, \ 3 / T F ALAN c'F p 'L L. • G,tiI i feu s •$AWL 1z..3 ?c\i A14-0 SKATEBOARD FACILITY -,-, • : • sisrg Tsrelk/\yl - '' 1 "•., : :i , F.. -, •• _-_ ..- I__ - ,--:-_,--.,-,.:- - - -- ----......---__ ,.--,- . --- - • ' .4•-•-;r . :-. 7 ..../ ft ' - ' >'; -...-:. - ., F',„•••":7- =,.,...• ••"'"-- - ---'- .7.-.--7:_ -7.--',;.-4-. 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I . - .. —••• -17-- •---..T, ____.-,--.. .______, .i : • " .._ Z . . ., .• '. . fl- • 41.-72-. • I • " - • 1easanton Skateboard Track 5800 Parkside Drive, Pleasanton Legend smooth concrete surface 2 seatwall 6" curb with mowband 4 drop-in ramp 5 10" platform: 5'x 16' (all plat orms have rounded stainless steel edges) • 2' pyramid: 13'x 13' urban skills ramp with steps and walls: 2'x 12'x 22' • 2'-6" platform: 6'x 7' standing wave with platform: 2'-8" x 15'x 16' ©0 6" platform: 6'x 8' turf area City Of Pleasanton Department of Parks & Community Services September, 1995 March 27, 1997 Honorable Mayor and Members of the Hermosa Beach City Council t," --6e& 2 Regular Meeting of April 8, 1997 1 VENDOR BOOTHS IN FRONT OF STORE FRONTS: CITY EVENTS 1 Recommendation It is recommended by staff that Council: Approve the policy as listed in the analysis below to be used for events that include vendor booths located in commercial areas. Background At the March 25, 1997 meeting, Council Member Benz presented a memo to the Council, requesting that this issue be placed on a future agenda for consideration (See Attachment A). Staff has identified City events that have historically placed vendor booths in front of stores: 1. Hermosa Beach Fiesta de las Artes 2. Saint Patrick's Day Parade Vendor booths associated with beach volleyball events and City special events have traditionally been located on the Pier Avenue median in order to allow space for local merchants to sell products and create outdoor dining areas at their storefront. The Chamber of Commerce has a five (5) year agreement with the City for the Fiesta de las Artes included as Attachment B. Analysis Due to the size and duration of the Saint Patrick's Day Parade, it would be possible to expand the staging of that event to include booths on the lower Pier Avenue median once the street is opened. The use of 11th Street was designed as a one year solution to the loss of space on lower Pier Avenue. This leaves the Fiesta De Las Artes as the event that would be effected adversely from a policy that would eliminate the use of storefront areas for their event. The Chamber of Commerce estimates that of the 70 businesses located within the site boundaries of the Fiesta, 75% participated in the 1996 Fiesta by using vendor space in front of their store. They also indicated that some businesses elect not to participate because they are closed during daytime hours (e.g., I1 Boccacio and Sushi Sei) and/or they provide services (e.g., medical and real estate offices) and not products. 1 7 1 The policy below would ensure that the Chamber and other event producers will continue to afford first priority to our merchants with regards to the placement of vendor booths during events. Policy for Special Event Vendor Booths 1. Vendor booths will be permitted on downtown streets for special events subject to City Council approval. 2. Local merchants shall be given first right to reserve vendor booth space in front of their own store subject to meeting the requirements of each special event. For commercial events, no fee shall be levied on a business for participating as a street vendor in front of their store. 3. Vendor booths on lower Pier Avenue (west of Hermosa Avenue) shall be restricted to the median area, leaving the sidewalks available for outdoor dining and other approved uses by store owners. 4. Exceptions to this policy must be approved by the City Council. Clearly, at the heart of many of these events, is a desire on the part of the City to maximize the benefits for our local merchants. Many merchants call the City in , anticipation of special events in order to stock their stores, restaurants and taverns to be able to handle the additional business they receive. Having the first option for the use of these vendor spaces may encourage local merchants to participate in special events, contributing to their success and compatibility with the downtown businesses. IFiscal Impact: None Attachments: A: Memo from Council Member Benz B: Chamber of Commerce agreement Respectfully Submitted: unity Resources Director 2 Concur: Stephen City Manager Attachment A facsimile TRANSMITTAL to: City Council of Hermosa Beach From: Robert Benz re: Booths in front of store fronts date: March 19, 1997 pages: 1, including this cover sheet. Businesses are spending an increasing amount for rents in the downtown area. This is due, in part, to the much lower vacancy rate and associated higher demand. When paying so much for store frontages, most business owners feel it unacceptable that, during several fairs a year, merchandise is sold from booths on the street directly in front of their stores. This is especially true of businesses that sell merchandise similar to that being sold in these booths. Given the value of a store frontage, any obstruction represents reduction in value of that retail space. This is especially true when we consider the timing of these fairs during the year. In order to maintain the value of the retail space in Hermosa, I believe that the council should consider prohibiting booths offered by third parties, from being setup within 30ft of a store front, unless that store owner gives the booth owner permission. 14b Attachment B AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS DE LAS ARTES THIS AGREEMENT is made this ,07-3 day of , 1996, by and between the City of Hermosa Beach (hereina8ter called "CITY"), and the Hermosa Beach Chamber of Commerce (hereinafter called "CHAMBER"). RECITALS A. CITY desires to have CHAMBER organize, coordinate, produce and oversee a twice annual Fiesta de las Artes (the "Fiestas") in CITY on a regular basis. - B. CHAMBER represents that it is qualified and able to do so and that it desires a commitment from CITY to fix the event fee rate for the next five years. NOW, THEREFORE, the parties agree as follows: Section 1. CHAMBER's Duties. a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 1996, 1997, 1998, 1999, and 2000. Unless otherwise directed by CITY, the Fiestas shall be held on Hermosa Avenues between 10th and 14th Streets, Pier Avenue between Manhattan Avenue and the Strand, llth Street west of Hermosa Avenue, 13th Street west of Hermosa Avenue, and the eastern one-half of Lot "C" (food pavilion). b. Event Permits and Agreements. CHAMBER shall obtain permits from CITY for each Fiesta and shall enter into and comply with all agreements for such permits as required by CITY, including but not be limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys. c. Fees. CHAMBER shall pay CITY an event fee within 30 days after each Fiesta of $25 per vendor participating in the Fiesta, but in no event to exceed $10,000 per Fiesta. CHAMBER shall collect the fee from each vendor but shall not be required to collect the fee from any vendor who provides CHAMBER written proof of its non-profit status or that the vendor holds a valid City business license. In addition, CHAMBER shall pay CITY all direct and indirect costs associated with each Fiesta in accordance with the event permit and event agreement as may be required by CITY. Such costs shall include but not be limited to sidewalk cleaning, and provision of police and public works services. 960102 10649-00001 afs 0961975 0 d. Annual Review. Within 30 days after the Labor Day Fiesta in each year of this Agreement, CHAMBER shall provide CITY with copies of all records of the Memorial Day and Labor Day Fiestas of that year and shall cooperate with CITY in providing any information that CITY deems necessary in order for it to conduct an annual review of the Fiestas and an accounting of the fees collected. Section 2. CITY's Duties. a. Event Permits. CITY shall provide event permits to CHAMBER for each Fiesta unless CITY determines in its sole discretion that it would not be in the public interest or that it would be adverse to the public health, safety, or welfare. b. Waiver of Business License Fees and Taxes. For each Fiesta provided in accordance with this Agreement, the fees required by Section 1(c) of this Agreement shall be in lieu of that portion of CITY business license fees and CITY business license taxes attributable to the Fiesta and owed by CHAMBER pursuant to the Hermosa Beach Municipal Code. This Section shall not constitute a waiver of any other type of fees or taxes or of that portion of CITY business license fees or City business license taxes owed by CHAMBER attributable to activities other than the provision of the Fiestas. Nor shall it constitute a waiver of any fees or taxes owed by any person or entity other than CHAMBER, including but not limited to those owed by vendors participating in the Fiestas. c. Cooperation with CHAMBER. CITY shall provide CHAMBER the results of CITY's annual reviews and may make suggestions for the improvement of the Fiestas. CITY shall not unreasonably withhold consent to CHAMBER's requests for flexibility in the location of the Fiestas in the event minor relocation is necessary due to construction activities nearby or an act of God. Section 3. Assignment. This Agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 4. Independent Contractor. CHAMBER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CHAMBER as an agent, servant,. or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CHAMBER. Section 5. Personnel. CHAMBER represents that it has, or shall secure at its own expense, all personnel required to perform CHAMBER's duties under this Agreement. CHAMBER may associate with or employ associates or subconsultants in the - 2 - 960102 10649-00001 afs 0961975 0 performance of its duties under this Agreement, but at all times shall be responsible for their performance. Section 6. Termination. CITY may terminate this Agreement upon 30 days' written notice to CHAMBER if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest or that it would be adverse to the public health, safety, or welfare. Section 7. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: For CHAMBER: Hermosa Beach Chamber of Commerce 323 Pier Avenue Hermosa Beach, California 90254 (310) 376-0951 Attention: Carol K. Duff, Executive Director For CITY: City Hall City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0239 Attention: Stephen R. Burrell, City Manager Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CHAMBER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Fiesta setting forth precise terms and conditions applicable to that Fiesta. Attest: EXECUTED the day and year first above stated. aine Doer ling, ity'Cle [SIGNATURES CONTINUED ON NEXT PAGE] - 3 - 960102 10649-00001 afs 0961975 0 CHAMBER By eceChAf iUe 34(ecte - 4 - 960102 10649-00001 afs 0961975 0 RE.CEIVED 1163 Seventh Street eta 3 1997 Hermosa Beach, CA 90254 Cinx MGR, OFA April 2, 1997 Hermosa Beach City Council Dear Mayor and Councilpersons: I find it ironic that Councilman Benz is such a supporter of less government restrictions and the downtown businesses but does a complete turnaround when it comes to certain special events. I refer to his upcoming desire to give each merchant free space in front of his/her business during special event promotions rather than allow outside vendors In front of the stores on public streets. And the next step will be the entire width of the storefront. But let's not mince words, it is well known that Mr. Benz and a few very negative people involved in downtown businesses want to see the Fiesta and the Chamber go and he is using an isolated incident as his forum. Who pays for these special events? The vendors. In the case of the Fiesta, vendor space is the sole revenue. In other events, such as St. Pat's, it is a major factor and will have to become more so as the event matures. Or do you want to provide seed money in perpetuity? When do most visitors come to downtown Hermosa Beach? During special events. Most of the downtown businesses are open 7 days a week and anyone in the world can visit them at any time. However, the special events draw the most visitors. If you limit the number and placements of the outside vendors, what is the draw? The HBPD estimates that each Fiesta brings in approximately 150,000 visitors. No other event comes close. The visitors do not come for the purpose of seeing the Hermosa businesses, but they do spend money with the businesses once they arrive. Any business that loses money during the Fiesta is run by a very poor merchandiser. Any business that doesn't participate is obviously not interested in making money. Ask the businesses to compare their Fourth of July sales to their Memorial Day and Labor Day sales. How did the Taste of Hermosa, a city -financed promotion, compare to the draw of the Fiesta or St. Pat's? But the subject is giving all the merchants free space without joining the Chamber. For less than $200 a year membership fee, local businesses do receive free space. Those who don't belong pay around $325 each Fiesta. That is about the same cost of one quarter -page ad in the Easy Reader. Which promotion gets him more exposure? Which promotion gives him live bodies? SUPPLEMENTAL INFORMATION (Dv-) Why should a merchant have to pay? The Chamber of Commerce is open to anyone who wants to support the businesses of Hermosa Beach. The Fiesta is big bucks... both in expenses and revenue. (The City of Hermosa Beach gets paid for more services than provided and it seems each year, it finds more little hits.) . Producing it is a big job. If the Chamber is going to spend the money, publicize the event and find volunteers who are willing to work 14 hours each for three days to make it successful, why shouldn't the downtown merchants pay for this exposure? It's a proven promotion. Why shouldn't those who want to support the Chamber, and in essence the City, by joining get a special rate?. And as you know, because of the Fiesta, our Chamber of Commerce is one of a small per cent that does not depend on the City for financial support. (Or it that the problem?) The Chamber could become more effective if they could concentrate on all the businesses of Hermosa instead of wasting time and energy putting out fires started by a handful of downtown merchants. The constant whining by these few has also become tiresome to many residents. We are paying for the revitalization too. When you consider Mr. Benz's proposal, please remember that (1) the merchants do not own the streets in front of their stores; (2) it is the outside vendors who bring the buyers into the city and provide much of the revenue for special events; (3) it takes a lot of money, time and people for a group to put on a special event; and (4) the fees required of the merchants is a bargain for the benefits they receive. It is only fair that they pay for this opportunity ...the amount is their choice. Or are you willing to reduce your fees to cover the revenue loss and requirements, such as the steam cleaning of the streets, that is a benefit to all? Susan E. Blaco March 18, 1997 Honorable Mayor and Members of the Hermosa Beach City Council -i .a-�-•U Regular Meeting Meeting of April 8, 1997 DISASTER RE LIEF WORKER Recommendation: It is recommended that Council approve the implementation of the Disaster Relief Worker Program as proposed beginning fiscal year 97/98. Analysis: A disaster, as it relates to public safety, is a situation which overwhelms the resources a public safety agency has to handle an emergency. A team of residents trained to assist Fire Department personnel during the response and recovery periods of a disaster, may lessen property loss and local area recovery time. Staff is proposing an initial force of 30 Disaster Relief Workers (DRW) which keeps a manageable span of control for supervision and training. Applicants for the program will be required to be at least 18 years old and residents of Hermosa Beach. All applicants may also be required to submit to a background investigation and provide a physicians release to perform strenuous labor and heavy lifting. The program as submitted will require each DRW to provide their own steel toed boots. The City will provide all other safety gear required for the program, i.e. helmets and gloves. DRWs will be required to attend three hours of training per month covering subjects such as operation of firefighting hose lines, Loading and unloading of fire hose from fire apparatus, filling and placement of sandbags for flood control, CPR/first aid training, disaster preparedness at home and work, and lifting and moving of heavy objects using tools and leverage. In addition to the above duties, the future goal of this program is to have DRWs trained throughout the City surveying their neighborhoods for property damage and injuries after a disaster. After this survey the DRW would then report the status of their neighborhood to the City's EOC, while providing basic first aid to injured neighbors. DRWs will be registered through the Office of Emergency Services as Disaster Workers. Registration with OES enables workers to be covered through the State for Workers Compensation Insurance. FISCAL IMPACT: $5,400 One time purchase of safety gear. 600 Yearly for training materials and other incidentals. $6,000 Respectfully submitted, Firefighter Concur: Pete Bonano Fire Chief Noted for Fiscal Impact: 0:44-4Cividitgx Viki Copeland Finance Director cur: c 4'4 Steph=y" R. Burrell City Manager e /11.e. Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 8, 1997 SUBJECT: REQUEST FOR IN -LIEU PARKING INCENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE D.E.C. Recommendation To provide the incentive funds to pay the applicant's in -lieu parking fee. Background The Downtown Enhancement Commission, at their meeting of March 5, 1997, recommended approval of the request. The Planning Commission, at their meeting of March 18, 1997 approved a Parking Plan for the subject restaurant, allowing the use of in -lieu fees for the required parking spaces rather than requiring all or some parking on site. Previously, the City Council approved the recommendation of the D.E.C. to modify the criteria for distribution of the in -lieu parking incentive funds to include any commercial business of less than 10,000 square feet. Further, the Council distributed funds equivalent to two parking spaces ($12,000) to authorize the Hennessey's roof deck expansion. Incentive funds for 18 more in -lieu funds are currently available for distribution. Analysis The proposed restaurant/coffee shop, "The Mix," will be located in the currently vacant space in the newly remodeled building adjacent and to the east of "Club Sushi." The conversion of this commercial location from retail use to a full service restaurant results in the need for 5 additional parking spaces pursuant to the City's parking requirements for a change from a retail to a restaurant use. Pursuant to Section 17.44.140(E) the required parking for the proposed intensification of 900 square feet from retail to restaurant is calculated as the difference between the required parking for a restaurant (1 per 100 square feet: 9 spaces) and the required parking for retail use (1 per 250 square feet: 4 spaces) resulting in a required 5 additional spaces. Ken Robertson, Associate Planner CONCUR: Sol Blume feld, Community Development Director Stephen R. ity Manager Attachments 1. Request by applicant 2. Downtown Enhancement Commission 3/5/97 Minutes 3. Planning Commission staff report and approval resolution 4. Preliminary floor plan MARCH 31, 1997 TO: Hermosa Beach City Council Mayor- J. R. Reviczky Mayor Pro Tem- Sam Y. Edgerton Council Members- Robert Benz John Bowler Julie Oakes FROM: "The _Mix" Gregory Alan- Proprietor 117 Pier Ave. Hermosa Beach, Ca. 90254 RE: "In -Lieu Parking Program" Dear Council Members, RECEIVED APR 21997 ,,.a‘,4\4 G DEPT. The Proprietors of the proposed'_iocation,(The Mix, 117 Pier Ave.) are requesting exemption from the in -lieu spaces required. The five (5) spaces required were unanimously voted in our favor by the D.E.C. and the Planning Commission. Please advise regarding our.:currentTositioninrequestingffull exemption from the five (5) in -lieu spaces required. Please contact Gregory Alan (310)-372-5939. Thank you for your time and consideration regarding this matter. Sincerely, TG RY ALAN 0 RIETOR rrT MINUTES OF THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON MARCH 5, 1997, AT 6:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS Meeting called to order at 6:05 p.m. by Chmn. Nota. ROLL CALL Present: Comms. Dewey, Newton, Pizer, Spiritus, Chmn. Nota Absent: None Also Present: Sol Blumenfeld, Director, Community Development Ken Robertson, Associate Planner Sylvia Root, Recording Secretary DRAFT Chmn. Nota invited everyone to participate in the Third Annual St. Patrick's Day Parade being held on March 15, 1997. FUBLIG,COMMMNTS None CONS ZNT_CAEE rnAR Corn Spiritus pulled Items 3.3, Allright Parking Report and 3.4, Upcoming Planning Commission Items. MOTION by Co Calendar Items 3.1. so ordered. Newton, Seconded by Comm. Dewey, to APPROVE wit • no change Consent proval of December 4, 1996 Minutes and 3.2. Finan •eport. No objections, Comm. Spiritus asked for a comp: ' on of the past two years ecking for any revenue increases in the Allright Parking Report. Comm. 9 ewey reiterated his : evious request to Staff to determine how much was owed and how much had bee • aid by • ght Parking. Director Blumenfeld said this information had been in last meeting's Treas r ' eport, stating he would furnish a copy to Comm. Dewey. MOTION by Comm. Spiritus, Second of the upgrade for 755 Pier Ave y Comm. New -to • DIRECT Staff to draft a letter in support AYES: C . ms. Dewey, Newton, Spiritus, Yost, Ch . . . Nota NOES: one ABSENT: None ABSTAIN: None MOTI i by Comm. Dewey, Seconded by Comm. Spiritus, to APPROVE the balance o e Consent Ca s dar. No objections, so ordered. CALENDARED ITEMS 4.1 REQUEST FOR IN -LIEU PARKING INVENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE 3 i U Director Blumenfeld said the City Council had approved the Commission's recommendation to modify in -lieu parking conditions, with parking space being awarded to a restaurant. Downtown projects are no longer exempt, resulting in in -lieu parking becoming critical to these projects. An applicant will request allocation of five in -lieu parking spaces for a proposed downtown project. He discussed project specifics, parking requirements, guidelines, Coastal Commission parking requirements and proposed parking structure with Commissioners. Chmn. Nota invited testimony. Scott McColgan, 117 Pier Avenue, said he and his partners were trying to promote downtown enhancement and requested approval of allocation for in -lieu parking spaces. _ No one else wished to speak, and Chmn. Dewey closed the public hearing. Comm. Newton felt no one should have to buy in -lieu parking spaces, noting this proposed business met the criteria established when 20 spaces were set aside to be awarded by this Commission. He supported allotting the five requested spaces. Comm. Spiritus felt this project vital to the downtown revitalization, stating her support for recommending awarding the spaces to this project. Comm. Dewey voiced concern regarding changing policies, feeling the Commission should recommend a collection time on the balance of parking spaces if the Commission did not agree to allot the five in - lieu spaces to this applicant. Comm. Yost said the landlords had already paid for these, commenting the new businesses are not shopping in Hermosa Beach, bringing sales taxes into the downtown area. Chmn. Nota said the intensity will be increased on lower Pier Avenue. He said businesses are being blocked off and businesses negatively affected, recommending the current and new businesses be helped as much as possible. He stated support for awarding the requested in -lieu parking, but questioned if five should be awarded to one business. Comm. Newton said the in -lieu parking program was a total fiction, set up under the old parking standards and district. He felt the spaces should be allocated. Director Blumenfeld responded that many cities did have such programs, which were much more costly. When parking cannot be provided, an in -lieu program is a reasonable alternative. He felt this type program could be very beneficial. Comm. Spiritus stated her support for allocation of the in -lieu parking spaces. MOTION by Comm. Newton, Seconded by Comm. Spiritus, to RECOMMEND to City Council the requested five in -lieu parking spaces be allocated to the proposed restaurant at 117 Pier Avenue. AYES: NOES: ABSENT: ABSTAIN: Comms. Newton, Nota, Pizer, Spiritus, Chmn. Dewey None None None 4 2 OUTDOOR DINING AND/OR MERCHANDISE DISPLAY ON PIER VENUE Mr. Robertson sal • .: ommission had established a subcommittee t dining. Public Works Dept. wa; . - . essing an amendment regar was now requesting direction relating to outs' • ' P. : and is no provision for displaying merchandise outside. urvey interest in outdoor outdoor dining. He said Staff andise displays. He explained there Comm. Dewey felt allowing outdoor mer ndise display could become a problem. Co ► ewton felt the real question was, along - e ability to have outside dining, should outside merchan • is display also be allowed. He • • not feel merchants would support this due to the expense involved 1 Page t, DEC MINUTES 3-5-97 Honorable Chairman and Members of the Hermosa Beach Planning Commission SUBJECT: PARKING PLAN 97-2 LOCATION: 117 PIER AVENUE APPLICANT: GREGORY ALAN AND SHANE MCCOLGAN 1200 HERMOSA AVENUE REDONDO BEACH, CA 90278 March 11, 1997 Regular Meeting of March 18, 1997 REQUEST: TO ALLOW THE PAYMENT OF AN IN -LIEU FEE INSTEAD OF PROVIDING REQUIRED PARKING FOR A PROPOSED RESTAURANT Recommendation To approve the request to allow the use of the in -lieu fees in order to allow the proposed intensification of use. ALTERNATIVE To make additional findings to allow less than required parking, thereby reducing or eliminating the requirement for the payment of in -lieu fees. Background The Downtown Enhancement Commission, at their meeting of March 5, 1997, made a recommendation to City Council, to provide some of the set-aside incentive funds in the Downtown Enhancement Fund to pay for the needed in -lieu fees for 5 parking spaces ($30,000). PROJECT INFORMATION: ZONING: GENERAL PLAN: LOT SIZE: GROSS EXISTING FLOOR AREA (Including adjacent restaurant and retail and offices above) FLOOR AREA OF PROPOSED RESTAURANT: PARKING: ENVIRONMENTAL DETERMINATION: C-2, Restricted Commercial General Commercial 7301 sq. ft. approx 10,000 sq. Ft. 898 sq. ft. None Categorically Exempt The applicant is proposing to convert 898 square feet of the existing 1800 square foot space for a proposed restaurant "The Mix," a non -alcohol coffee shop/restaurant, and use the remaining portion for retail sales. The subject building is a portion of a two story structure which contains a mix of ground floor commercial uses, including "Club Sushi", and second floor office space. The 12 subject location, was previously a retail space, and the proposed conversion of part of it to a restaurant is considered an intensification of use, and results in an requirement for 5 additional parking spaces pursuant to on Section 17.44.140 of the Zoning Ordinance. Analysis Section 17.44.190 allows the Commission to consider accepting fees in -lieu of parking with the approval of a Parking Plan. Pursuant to that section, building sites containing 4,000 to 12,000 square feet are required to provide a minimum of 50% of required parking on-site. However, the Commission may also consider waiving the percentage on-site requirement pursuant to Section 17.44.210, Parking Plans, based on factors such a the uniqueness of the proposed use, bicycle and walk in traffic, and peak hours relative to peak hours of other businesses who use the same parking.. Given the relatively small size of the proposed restaurant, and its location near public parking, staff believes that paying the in -lieu fee is appropriate for this proposed project, consistent with the intent of the downtown vehicle parking district in -lieu fee program. The overall impact on parking demand in the district will be minimal, and will be mitigated by the contribution to a parking fund, which will eventually be used to enhance overall parking supplies in the area. The Commission must make the findings to support both the use of the in -lieu fee, and the waiver of the requirement that 50% of required parking must be provided on-site. Staff also believes that findings can be made to waive the 50% on-site parking requirement because of the unique retail/restaurant mix, the location near the bike path, and shared parking with other business in the area which have varying times for peak parking demands. These various factors eliminate the need for directly accessible parking. ALTERNATIVE Given the type of restaurant, its location in the downtown, and other factors such as customers walking or biking, the Commission may determine that less than required parking is needed for the project, and reduce or eliminate the need for in -lieu fees. While staff believes these factors do reduce the need for directly accessible on-site parking, staff is not recommending a complete waiver of parking requirements given that the Coastal Commission ultimately must approve this project in accordance with the City's L.U.P. which states that in -lieu fees are needed to "off -set the increase in required parking caused by the expansion, intensification, or new construction not provided on site." CONCUR: Sol Blumenfe • , D : ector Community D velopment Attachments 1. Proposed Resolution 2. Location Map 3. D.E.C. staff report/minutes (O Ken Robertson Associate Planner KR/sr117 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 29 P.C. RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN TO ACCEPT PAYMENT FEES IN -LIEU OF PROVIDING REQUIRED PARKING ON-SITE TO ALLOW THE CHANGE OF USE OF AN EXISTING RETAIL SPACE TO A RESTAURANT AT 117 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH WHEREAS, the Planning Commission held a public hearing on March 18, 1997, to receive oral and written testimony regarding the requested Parking Plan to allow a new restaurant and made the following findings: A. The applicant is proposing to remodel the interior of an existing retail space, for purposes of opening a restaurant in a portion of the space and to continue the retail use in the remaining portion; B. Accepting fees in lieu of providing any parking on site is appropriate for the proposed use within the downtown vehicle parking district, and consistent with Section 17.44.190 of the Zoning Ordinance; C. Pursuant to Section 17.44.210 of the Zoning Ordinance requiring less than the percentage of on site required parking otherwise required by Section 17.44.190 when accepting in - lieu fees for a site in the 4,000 to 12,000 square foot range, is appropriate in this case because the following factors reduce the need for required on-site parking: The uniqueness of proposed combination retail and restaurant use; the probability for a significant percentage of bicycle and walk-in traffic; and the location within the downtown district in which available public parking is shared by businesses with varying peak demand times; D. The project is Categorically Exempt from the requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Section 15303(c) with the finding that the project is in an area with available services. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH DOES HEREBY APPROVE A PARKING PLAN TO ALLOW PAYMENT OF FEES IN -LIEU OF PROVIDING REQUIRED PARKING SECTION I Specific Conditions of Approval 1. The development and continued use of the property shall be in conformance with submitted plans. Modifications to the plan shall be reviewed and may be approved by the Community Development Director. A in -lieu fee payment or fund transfer approved by the Downtown Enhancement Commission and City Council shall be provided in the amount of $30,000 to a parking improvement fund, in -lieu of providing the required five additional parking spaces on site, prior to the issuance of any building permits for the restaurant project. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P.C. 97- is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at their regular meeting of March 18, 1997. Peter Tucker, Chairman Sol Blumenfeld, Secretary Date KR/h: rs 117 g A' • _RETALL troorkerATky za- (E)-rv-Aso r/ A 1=1 -v$V--o• 411-6ria., /seevicE_ zoq _TOTAL • -1e.E.STAINZAI4T" _L F.. .w E20..A-7114 _ 4 4 0 ..•.01 4 _ T -1-1E Ill IX y/311 5jo I 5.F. RECEIVED FEB 2 0 199? NNING DEPT. PRINTED FEB 18 1997 PEHA &Mace. g a) 1 CC a P EH A & ASSOCIATES ARCIIITECTURE P LANNING LARRY PEHA A. I. A. 67 14th STREET KRIM scx. was4 (310) 372-17116 DATE MANN JOB NO: A-1 "THE M I X .I ftoros€47 t-4.4-E,esrAUR.ANT' .51 ?E. WALK.: fA.t.K1P.J --- �. ...QC) 4. _�� SITE P ARKING PLAN HERMCLA AVENI•E PRINTED FEB 18 1997 PEHA & ASSOC. • 11'=tt=j t ifs l t ===tf1i !al Ice 1 1 a i P E H A 5 ASSOCIATES ARCHITECTURE PLANNING LARRY PEHA A. L A. 17 14Ili STREET KRIM 104 CA MN (310) *72.1711 DATE oMvltt joe NO: March 31, 1997 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 8, 1997 SUBJECT: IN LIEU PARKING FEES Recommendation: Direct Staff as Deemed Appropriate Background: In 1985 the City Council established the in -lieu fee program based upon a rate of $6000 per space with allowance for Consumer Price Index adjustment. The program has undergone several amendments and in 1994 the City Council approved the recommendation of the Downtown Enhancement Commission to set aside incentive fiends to pay parking in -lieu fees that would otherwise be required for downtown projects. In -lieu funds for up to 20 parking spaces were set aside ($120,000) and criteria for distribution of the in -lieu funds was established by the City Council. Subsequently, the City changed parking restrictions in the downtown which were approved by the Coastal Commission under Coastal Land Use Plan (LUP) Amendment No. 6. These new parking requirements allowed significant business improvement and expansion to occur with little need to use set aside funds over the last 2 1/2 years. Recent development of the downtown over this period has resulted in the City exceeding the development threshold for reduced parking standards in LUP No. 6 and all new projects are now subject to the City's standard parking requirements. The City has contributed set aside in -lieu funds for the Hennessey Tavern expansion and has received a request for payment of in -lieu fees by the Mix, a restaurant/retail business. Analysis: In lieu fees are intended to encourage development on sites where providing required parking would be difficult or excessively expensive. The in -lieu fee revenues are used to pay for public parking facilities to serve the projects paying into the fund. In lieu fees do not impose a cost on developers or businesses. Minimum parking requirements impose the costs and the in -lieu fees provide a means to manage the parking costs. A parking requirement without an in -lieu option can cost a developer or business more than the same parking requirement with in -lieu parking.' Pricing In -Lieu Parking There is a wide range of pricing for in -lieu parking. In -lieu parking can be priced as a district "parking impact fee" assessed at a price per square foot of leased space or gross floor area or as a flat fee based upon construction costs for parking.2 (Please see attached in lieu parking survey.) 10 Current In -Lieu Program The City's in -lieu program has two components3 • Payment of in -lieu fees by a private party • Transfer of set aside funds by the city based upon City Council approval The in -lieu program also provides the following allowance for providing in -lieu parking: Building:<Size/FAiI ....:.:.:...... Percent::Allowance In Lieu %On- Site 4001 sq. ft or less & 1:1 100% 0% 4001 sq. ft.or less & greater than 1:1 75% 25% 4001 sq. ft. or greater & less than 12,001 50% 50% Recommendations for transfer of in -lieu fees are forwarded to City Council for consideration by the Downtown Enhancement Commission. If the City does not approve an in -lieu transfer then the private party must provide the funds for deposit in an in -lieu parking account. The amount of the in -lieu fees are based upon the number of required spaces for a project provided at a rate of $6000 per space. To date, in -lieu program funds have not been paid by a private party and have only been transferred pursuant to the above. The in -lieu program is restricted to a threshold limit of 100 parking spaces. The program has guidelines (described below) approved by City Council which have not been codified into the Zoning Ordinance Current Criteria for Set Aside In -Lieu Fees as Amended 1/7/97 • Assignment subject to City Council approval • In lieu parking available for all commercial uses • In lieu funds for project under 10,000 square feet • Maximum allocation up to 100% of the required parking Recommendation: 1. Amend guidelines to provide for initial City Council request and approval to streamline process and shorten timeframe for consideration. 2. Codify guidelines into Zoning Ordinance. 3. Make the in -lieu fee commensurate with the actual cost of constructing parking. 4. Provide a monthly lease option for in -lieu parking spaces to reduce business start up costs for projects less than 10,000 square feet. 5. Amend Coastal LUP downtown parking requirements to 65% of required parking standards to minimize use of in -lieu fees. 6. Program remaining set aside funds for outdoor dining uses along Pier Avenue as originally proposed under the program 7. Direct staff to prepare implementation measures pursuant to above Sol Blumenf Community Concur: ld, 'rector evelopment Department Stephen R. Burrell, Manager Attachments: 1. In -lieu parking guidelines 2. Survey of In Lieu Parking Programs Notes 1. For example a project which incorporates parking on-site loses valuable lease area. If the cost of the leases are close to or exceed the cost of land to accommodate parking then the parking costs are considered excessive and the project will not be developed. In some cases parking can consume up to 1/2 of the developable area and these cost are more than offset by typical in -lieu fees. . 2. In -Lieu Parking Fees - UCLA School of Public Policy & Social Research, Donald Shoup, 1996 & Lea Associates Appraisal Report Lot C - March 1996 3 Zoning Ordinance -Section 17.44.190 -Off -Street Parking within Vehicle Parking Districts: Parking requirements within parking districts shall be as provided in this chapter, except that when the City Council provides for contributions to an improvement fund in lieu of parking spaces so required, said contributions shall be considered to satisfy the requirements of this Chapter. If the Downtown Business Area Enhancement District Commission determines that the private party is responsible for the in -lieu fee, the private party shall pay said fee as requested by the DBAEDC. SB:/ InLieu 3 SURVEY OF IN -LIEU PARKING FEES1 Parking Req'd City In -Lieu Parking Fee Cost/per Space Land Use P/1000 Su. Ft Cost p/ sa.ft2'3 Manhattan Beach $25,000 (greater than 1:1 FAR) Office 4 $71 Option: Monthly lease fee $25.00 in City Structures (Limited by Coastal Comm.) Hermosa Beach $6000 (Limited to100 by Coastal Comm.) Office 4 $24 Beverly Hills $20,180 (Varies in Parking District) Office 4 $59 (See note 2) Palm Springs $9,000 Office 3.1 $28 Claremont $9,000 Office 2.9 $26 Pasadena Monthly lease fee $100 --- Palo Alto $17,800 Office 4 $71 Mill Valley $6,751 Office 4.4 $30 Davis $8,000 Office 2.5 $20 Berkeley $10,000 Office 1.5 $15 Notes: 1. Survey from In -Lieu Parking Fees, UCLA School of Public Policy &Social Research,1996 & Lea Associates Appraisal, Lot C 1996. 2. The cost of providing in -lieu parking is the product of the price per stall and the parking requirement. More restrictive parking requirements can result in more costly project parking even when the in -lieu cost per stall is relative low. (i.e. Beverly Hills reduces in - lieu fees to $6,265 per space for businesses in operation for at lease a two year period in order to encourage location of businesses with a successful "track record" in the city. However, even with this reduced rate the cost of providing project parking is high because the parking requirement is high at 1 space per 45 sq. ft. for restaurant use. Therefore cities can compensate for the cost of in -lieu fees with more restrictive parking requirements in order to ensure that fees and parking construction costs are balanced. 3. Cost per square foot calculated at total cost of in -lieu spaces required 1000 sq. ft 4. One city surveyed included operation, maintenance, revenue costs and the value of the property in calculating in -lieu fees.The in -lieu fee is the net present value of the parking costs per space (total parking cost minus parking revenue). This formula presumes there is no other `public" benefit from the project. 41/c, (f) RE•UEST FOR APPROVAL OF CRITERIA FOR DISTRIBUTION Op LIEU PARKING SPACES. Memorandum from Public Works Dire Amy Amirani dated March 15, 1994. This item was removed from the consent calendar by Counati member Reviczky for separate discussion later in the is ,; ing, due to questions regarding the funding of additio, .. parking spaces. Public Works Director Amirani presented the staff re and responded to Council questions. City Manager Bur also responded to Council questions. Coming forward to address the Council on this item was: Patricia Spiritus - Downtown Business Area Enhancem District Advisory Commission member, spoke clarify the program and the criteria pol requested by the Commission. Action: To approve the Downtown Business Area Enhancem District Advisory Commission recommendation to approve criteria for distribution of the 20 In -Lieu parking spa for business incentive as follows: 1) any assignment or distribution subject to City Counc' approval;11 2) first priority to loss of parking on Pier Avenue Hermosa Avenue due to R/UDAT implementation; 3) remaining distribution based on the following: a) new construction or remodels of existing build ings; 4 b) only to meet parking requirements for daytime of fce/retai.l use; fice/retail c) only to projects under 10,000 square feet; and, d) maximum allocation limited to 50 percent of re quired parking needs, with the understanding that Councilmember Reviczky's con cerns, that money be set aside from the in -lieu fees.,t cover the expense of providing the parking spaces when 1 became necessary to comply, be noted. Motion Reviczky, second Bowler. The motion carried unani mously, noting the absence of Mayor Edgerton. (g) RECOMMENDATION TO APPROVE AWARD OF CONTRACT TO STUt CONSOLIDATION OF BEACH CITIES FIRE DEPARTMENTS. Memorandt from City Manager Stephen Burrell dated March 16, 1994. it Action: To approve the staff recommendation that a cor tract for an amount not to exceed $39,325 be awarded t Ralph Anderson and Associates (selected by all three beac cities) to conduct a study to determine the feasibility ( consolidating the three beach cities' fire department= with the understanding that the award of the contract J contingent upon the decision of Manhattan Beach and Redone Beach to also approve the study and with the understandil that the actual cost to Hermosa Beach would be one-third the contract cost which equals $13,108 ($15,000 was aF City Council Minutes 03-22-94 Page 8459 5 V -g March 31, 1997 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council April 8, 1997 SUBJECT: APPEAL OF DENIAL OF ENCROACHMENT PERMIT -- HERMOSA INN HOTEL --1300 STRAND Recommendation: Approve by minute order the subject encroachment permit appeal. Background: The Hermosa Inn hotel project includes a bridge connecting the Phase One and Phase Two portions of the project across Beach Drive. The bridge will be designed to accommodate clearance for large trucks (minimum clearance of 17 feet) and is intended to facilitate use of the project by hotel guests. The project also includes trellises along the building facade. The bridge and a portion of two trellisis will encroach airspace and require an encroachment permit. Analysis: Pursuant to Section 12.16.010 of the Hermosa Beach Municipal Code, encroachments may be permitted which place a minimal burden on the right-of-way, are easily removable and do not materially alter the character of the right-of-way. Permissible encroachments include landscaping, fencing, movable personal property such as planters, patios, decks, landscape irrigation and lighting systems and similar structures. The bridge and trellis do not technically fit within the category of permissible encroachments and staff has denied the encroachment permit application. However, the bride encroachment will be 17' above the roadway and will not materially alter the character of the right-of-way as it will not impede use of Beach Drive. The bridge encroachments will not be structurally supported on the right-of-way and will not impede views as it will align with the buildings it connects and does not exceed the height limit. Similarly, the trellises will encroach airspace for approximately 6 inches along 14th Street for approximately 30 feet and do not impact views and are not supported along the right-of-way nor impede it's use. Further, the encroachments will conform to all other requirements of the Uniform Building Code and Municipal Code and Department of Public Works Standards and Policies pursuant to Section 12.60.080 of the encroachment ordinance. Approval of encroachments which deviate from established criteria can only be granted through appeal to the City Council. Recomme dation: Approve by 'n e order the subject encroachment permit appeal Stephen ' 1, City Manager Attachments: 1. Encroachment Permit Application 2. Exhibit of Encroachment Area O O N GO 1 wt wa w+ wa wa w? .9 ©e © e © \"J "es i r• i _ I I r• r - i Alr 9_li { AS, { • ■ AIR PACE ENCROACHMNi AIR SPACE ENCROACHMENT. #2 Trallee above Decks Corner ?relies MT Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: April 2, 1997 Regular Meeting of April 8, 1997 AWARD OF CONTRACT FOR PARKING STRUCTURE It is recommended that City Council: 1. Authorize the City Manager to execute a contract with Gordon H. Chong & Partners of San Francisco, to provide Architectural Design and Engineering Services for the parking structure at Parking Lot C in the amount of $380,000 once an agreement with County Prop A is signed. 2. Advance $395,200 from Sewer Fund to Prop A Open Space Fund. 3. Appropriate $395,200 from Prop A Open Space to Capital Improvement Program No. 624 (CIP 624). 4. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $395,200. Background: A conceptual parking layout by Walker consulting Group estimated 480 parking stalls in a 3 level parking structure with height ranging from 22.5 feet to 30 feet. Access to the parking structure would be provided off of Fourteenth Court and Thirteenth Street. This parking structure will acquire 10' feet of the public right of way along Thirteenth Street. Also, the parking structure might include up to 7,000 square feet of retail use along Hermosa Avenue. The City of Hermosa Beach advertised requests for proposals and received 7 proposals by the closing date of October 24, 1996. Four of the most qualified firms were selected for presentation and interview by the selection committee consisting of City Manager, Public Works Director, Community Development Director, Community Resources Director, Police Chief and Fire Chief. These firms were: 1) Walker parking Consultants of Newport Beach, CA, 2) The Austin Company of Irvine, CA, 3) Parkitects of Irvine, CA, and 4) Gordon Chong of San Francisco, CA. At the conclusion of the interview and negotiation with these firms the committee's decision was to choose Gordon Chong Group, which demonstrated design excellence in parking structures, particularly in an urban context. Analysis: At the City Council meeting of January 22, 1997, staff was directed to work with a sub -committee to resolve issues raised at the meeting. The sub -committee was formed with two members of the City Council, Council Member Julie Oaks and Council Member Robert Benz. Staff has reviewed the fee proposed by the selected architect (Gordon Chong and Associates) with the sub -committee and is ready to move forward with the preparation of construction documents. This project consist of 4 tasks: 12 Task 1 - The Schematic Design Phase. There are 13 sub -tasks outlined in the proposal to complete this task. Three alternative designs are prepared. The output would include; 1) site improvements and circulation flow of automobiles, pedestrians and their interface at the project site; 2) parking structure planning and layouts; 3) preliminary civil and landscape planning; 4) soil investigation; 5) topographic site survey; 6) preliminary architectural imagery and character studies; 7) preliminary construction budget and schedule. Task 2 - The Design Development Phase will refine the selected design concept of Task 1. The output will include; 1) finalize traffic and pedestrian routes of travel; 2) finalize parking and circulation; 3) finalize architectural design elements; 4) finalize structural framing; 5) finalize mechanical and electrical; 6) finalize civil, landscape grading, irrigation and planting; 7) confirm project budget & schedule. Task 3 - The Construction Document will move the design development products to the final phase of the project. The output will include a detailed construction document for bidding purposes including a final engineer's estimate. Task 4 - Construction Support - the objective of this Task is to facilitate the construction process and review all contractor's submittals. In an attempt to reduce potential architectural fee'paid to the consultant, the contingency was reduced to 4% realizing that any additional work beyond current approval will require City Council action. Fiscal Impact: This project is funded by a combination of County Funds and a contribution from a private developer. The hotel development located at the corner of Beach Drive and Thriteenth Street is contributing toward the construction of the parking structure in exchange for 100 parking spaces. Once the City receives the Prop A Open Space funding, the expended Sewer Fund, upto $395,200 will be reimbursed. Respectfully submitted, /1 Contract Amount $380,000 Contingency (4%) 15,200 Total Budget $395,200 /3c Homayn Behboodi Capital Improvement Program Engineer Dire • or of Public Works Concur: Amy Am rani Steph 9 urrell City Manager Noted for Fiscal Impact: Viki Copeland Finance Director srl.a.ccitems.parking 2 GORDON H CHONG + ASSOCIATES Architects /Engineers Task and Fee Estimate: BASIC SERVICES Current as of 2/3/97 City of Hermosa Beach Downtown Parking Structure Discipline Task 1 Task 2 Task 3 Task 4 Total Schematic Design Design Development Construction Documents Construction Support } Discipline Project Team Member Fee a} ' Hours Fee Hours Fee Hours Fee Hours Fee Hours Architecture Gordon H Chong + Associates $36,000 380 $42,000 450 1 $89,200 1150 $45,000 680 $212,200 2660 Structural Engineering BFL/Owen $7,500 90 $15,000 200 $30,000 410 $22,500 275 $75,000 975 Mechanical Engineering Ito Engineeing, Inc. $1,100 12 $3,300 40 $5,500 80 $1,100 12 $11,000 144 Electrical Engineering OMB $1,600 18 $2,000 24 $4,400 75 $1,800 22 $9,800 139 Cost Estimating Adamson Associates ( $3,000 40 $3,500 48 $6,500 120 6 $13,000 208 110 Sub -Totals by Task �' $49,200 540 $65,800 762 „ $135,600 1835 $70;400 989 $321,000 4126 Discipline ProjectTearnMember Fee Hours Fee Hours Fee Hours Fee Hours Fee , Hours Civil Engineering/Suveying ' Van Dell and Associates $7,700 80 $12,900 135 $2,500 30 • $5,400 60 $28,500 305 Landscape Architecture Heimberger/Hirsch & Associates $500 8 $3,000 48 $500 8 $4,000 64 Traffic Engineeing Korve Engineering $2,000 24 $6,000 64 $8,000 88 Geotechnical Engineering Dames & Moore $10,000 120 $10,000 120 Graphics and Signage Gordon H Chong + Associates $2,000 24 $6,000 80 $500 6 $8,500 110 fy, Sub -Totals by Task $19,700 - 200 $15,400 167 $17,500 158 $6,400 ) 74 -; ` $59;000. 599. Totals by Task Total $68,900 `I. 740 $81,2110 929 $153,100 1993 $76,800 1063 $380,000 4725 ;$380,000 • Gordon H Chong Partners January 1997 Project Final Estimate Vs. Bid Amount Project % of Fccl Estimate/ Design Construction # of Stalls Budget Bid Amount Teams Fee Amoy nt 8454 - Lombard 205 3.63M 3.7 M $381,150 10.5% 8706 - Treat Avenue 230 5.6 M 5.5 M $616,000 11% 8928 - Bush Polk 135 3.85 M 4.25 M $334,650 8.6% 9052 - Watsonville 203 3.9 M 3.7 M $483,015 12.4% 9238 - OPDM Site 7 570 5.67 M 4.81 M $545,015 9.6% 9337 - U.C. Davis 800 10.1 M 8,2 M $808,000 8% 9339 - Hollister 143 4.1 M 4.2 M $513,700 12.5% 9427 - West Hollywood 170 2.1 M 2,3 M * $30,000 1.4% 9681- Medford 385 4.1 M Pending $413,000 10% * Design Architects hikRd] 1-9G1 Ill ival LrimarelMatrix2-7.xIs • Honorable Mayor and Members of the Hermosa Beach City Council April 3, 1997 Regular Meeting of April 8, 1997 A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997 - 1998 Recommendation: 1. Adopt the attached resolution ordering the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 1997 - 1998. Background: Currently, the Landscaping and Street Lighting District provides for the maintenance and operation of the City-wide street lighting program, landscaping and park and recreational improvements. Staff conferred with the City Attorney to determine the applicability of Proposition 218 to the City's Landscaping and Street Lighting Assessment District. Briefly, Proposition 218 applies to new or increased assessments and to existing assessments not imposed exclusively to fund capital costs and maintenance and operation costs for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control. The Proposition requires that non-exempt assessments be submitted to property owners for majority approval by mailed ballot. Votes are weighted by the amount of each proposed assessment. Based on the advise of the City Attorney, staff recommends that the City rely on an exemption contained in the Proposition for streets and sidewalks. This means the City may continue to levy assessments to pay for the maintenance and operation of street lights and median and parkway landscaping without complying with the requirements of the Propositions so long as the assessments are not increased. The assessments will no longer fund the costs of maintaining and operating park and recreational improvements or landscaping which is not located within parkways or medians. These costs will be paid for out of the City's General Fund. Analysis: The Landscaping and Street Lighting District must be renewed annually. In approving the attached resolution, the Council authorizes the preparation of a report which will contain plans, specifications, costs and estimated assessments for the Landscaping and Street Lighting District. This report will then be submitted to the City Council at which time the City Council will review the report. 1i 3 Alternatives: Other alternatives available to City Council and considered by staff are: 1. Let the District lapse; thereby, causing a potential increased General Fund obligation of approximately $500,000. 2. Retain the district and modify level of service. Respectfully submitted, Homaoun Behboodi Capital Improvement Program Engineer Attachments: Resolution Ordering Preparation of Report. Concur: Amy Amirani Directo' • f Public Works Stephen 1 City Manager srl. a.ccittems.ccstland.doc RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1 OF THE, PART 2 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICE OF LANDSCAPING, STREET LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998 WHEREAS, the City Council of the City of Hermosa Beach, California, proposes to renew the existing assessment district designated as "Hermosa Beach Landscaping and Street Lighting District 1996-1997" pursuant to the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Street and Highways Code of the State of California; and WHEREAS, the said assessment district includes all parcels of land within the City and shall be redesignated as the HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998"; and WHEREAS, it is proposed to operate, maintain and service street lighting fixtures and lighting appurtenances, and landscaping and appurtenances in public parkways and medians. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby redesignates the existing Hermosa Beach Landscaping and Street Lighting District 1996-1997 as the Hermosa Beach Landscaping and Street Lighting District 1997-1998. SECTION 2. That the Director of Public Works is hereby ordered to prepare and file a report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting Act of 1972", being Division 15, Streets and Highways Code of the State of -1- 1 California, for the maintenance, operation and servicing of certain street lighting fixtures, appurtenances and appurtenant work and landscaping and appurtenant located in public parkways and medians for the Fiscal Year commencing July 1, 1997 and ending June 30, 1998 all as set forth in this resolution. SECTION 3. That the proposed improvements shall no longer include the operation maintenance and servicing of parks and recreational improvements and appurtenant facilities and landscaping and appurtenant facilities not located within public parkways and medians. SECTION 4. That a certified copy of this resolution be presented to the Director of Public Works for his/her information and guidance. SECTION 5. That the City Clerk shall certify to the passage and adoption of thi Resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceeding of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of April, 1997. ATTEST: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California , CITY CLERK , CITY ATTORNEY APPROVED AS TO FORM: srl.c.resolut.resostl -2- Honorable Mayor and Members of the Hermosa Beach City Council April 2, 1997 Regular meeting of April 8, 1997 Lower Pier Avenue Streetscape Project - Proposed Change in Construction Phasing Recommendation: It is recommended that City Council: 1. Approve Unispec Construction's proposed modifications to the existing contract for the Lower Pier Avenue Streetscape Project with regards to time of completion, phasing, incentives and liquidated damages. Background: The City Council, at a special meeting held December 10, 1996, awarded the construction contract for the Lower Pier Avenue Streetscape Project to Unispec Construction. As you may recall this award was contested at that meeting by the second low bidder but based upon the assurances and references given by Unispec at that time staff recommended award. In order that the City could maintain a close tab on the progress of construction the specifications for the project stipulated that the contractor meet or exceed certain milestone dates. These milestones serve as a basis to award the contractor incentives if he completed ahead of this schedule and liquidated damages should he not make the specified dates. To date Unispec Construction has met only the first milestone date. There are a number of reasons why the contractor has failed to meet the obligations as set forth in that section of the project specifications (attached for your information). Some of the delays experienced in the progression of work such as extra work and utility work by others are legitimate claims for time extension. Others may certainly be attributed to Unispec's work method and job management. On February 21 and March 5, 1997, Unispec Construction, realizing that delays were going to keep them from meeting the specified milestone dates, issued a Notice of Potential Claim to the City. This letter requested that the City extend the contract by 29 days to cover delays which the contractor felt were beyond his control. Over the past month the Department of Public Works and it's contract construction management firm at ASL attempted to verify the validity of this claim. On March 11, at the City's request, ASL performed a review of the claims based upon their own inspection and construction management reports. Their evaluation revealed that 14 a maximum of 19 of the requested 29 days may be attributed to factors beyond the contractors control. Meetings between Unispec Construction, ASL and the City to resolve the minimum 10 day discrepancy proved to be fruitless. Unispec was animate about the 29 day delay. Analysis: In the interest of bringing closure to this claim outside of arbitration and primarily to advance the progress of work the Department of Public Works has investigated how performance of various phases of work concurrently will advance the timely completion of the contract. Using Unispec's schedule to determine the time each item of work will take the City has put together a revised phased schedule. This proposed modification to the existing contract phasing would allow work to commence on Phase IV and V simultaneously, with work also allowed to start early on Phase VI. Under this new schedule the City would also allow work to commence on Phase VII immediately. Unispec has submitted a revised schedule based on this new phasing. The contractor has requested that all liquidated damages accrued to date be dropped in exchange for his release of all claims for delays and extra work days. The new schedule calls for completion of the north and south sidewalks by May 10, 1997, the Hermosa/Pier intersection by May 22, 1997 and Final Completion by May 31, 1997. The contractor again will face huge liquidated damage fines if he should not meet these new dates. The contractor has requested that incentives be built into the newly phased project. Unispec has requested that $20,000 in incentives be awarded for completion of the sidewalks on or before May 5, 1997 and the Hermosa /Pier intersection on or before May 16, 1997. Due to the magnitude of the changes to the contract such an order proposes the Department of Public Works requests that City Council review same and give staff direction on either to continue under the existing contract provisions or to change the contract as submitted on attached Change Order #19. Respectfully submitted, Joseph C. Mankawich Capital Improvement Program Engineer Concur: ativ 1 0A(n a 1A Amy Amif'ani Directo • f Public Works City iii - 11,111% I tifyager Stephe• e CHANGE ORDER NO. 19 LOWER PIER AVENUE STREETSCAPE (CIP 94-160) CITY OF HERMOSA BEACH Gentlemen: You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract. All new work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as specifically modified by this contract change order. NOTE: This change order is not effective until approved by Owner, or until an authorized Field Order is executed. DESCRIPTION OF CHANGE This Change Order approves modifications to the Work Sequence Section 01010 §1.08B of the Project Specifications as such: Phases IV, V, VI and VII may commence before the previous phase is substantially complete. This Change Order modifies the Time of Completion Section 01010 §1.10A, B and C of the Project Specifications as such: Paragraph A: Final Completion Date will now be May 31, 1997. Paragraph B: Incentives, will be per the following: If Phases IV & V, Sidewalk areas on the north and south sides of Pier Avenue, are both completed on or before May 5, 1997 the contractor shall receive a one time lump sum incentive of $20,000. If Phase VI, The Hermosa/Pier Avenue Intersection, is complete on or before May 16, 1997 the contractor shall receive a one time lump sum incentive of $20,000. Paragraph C: All liquidated damages accrued to date are hereby waived. Liquidated damages, if assessed, will be per the following: Phase IV & V, Sidewalk areas on he north and south sides of Pier Avenue, to be complete by May 10, 1997 or the contractor shall incur liquidated damages of $4,000/day. Phase VI, The Hermosa /Pier Avenue Intersection, to be complete by May 22, 1997 or the contractor shall incur liquidated damages of $10,000/day from May 23 to May 31, 1997 and $50,000/day thereafter. Phase VII Final Completion including all fabricated items and palm trees shall be complete by May 31, 1997 or the contractor shall incur liquidated damages of $4,000/day from June 1, 1997 through June 10, 1997 and $10,000/day thereafter. Minor corrective items installed by the completion date of 5/31/97 will not be assessed liquidated damages. Bid items shall not be regarded as a corrective item of work. PW#8/chngord.doc REASON FOR CHANGE Delays and extra work have extended the time to complete the contract. New phasing, completion and milestone dates reflect all delays, extra work, weather days and change orders signed or unsigned experienced up to the date of acceptance endorsed below. COST OF CHANGE CONTRACT TIME ADJUSTMENT No cost Contract extended per above agreed upon changes This change order constitutes full and complete compensation for all labor, equipment, materials, overhead, profit, any and all indirect costs, and time adjustment to perform the above described change. All other costs are non -compensable. This change order is not effective unless approved by Hermosa Beach City Council and the contractor's surety. RECOMMENDED BY: DATE ACCEPTED BY: DATE C.I.P. Engineer Contractor Director of Public Works Contractors Surety Mayor, Hermosa Beach City Council PW#8/chngord.doc 1. Material and equipment may not be stored on public right-of-ways. Contractor may apply to City for permission to leave equipment in place ovemight occasionally, which may be determined at the City's sole discretion. B. Contractor Staging and Parking Contractor's staging area is located on Lower Pier Avenue between the Strand and Hermosa Avenue. It will be the Contractor's responsibility to locate additional storage as he feels necessary. 1. Contractor's designated remote area parking is located at the Von's underground parking structure which is accessed off of Ardmore Avenue north of Pier Avenue. C. Required Temporary Rights-of-way Contractor shall maintain pedestrian access to businesses with doors opening onto the Work between the hours of 7:00 a.m. and 2:00 a.m. 1. Contractor shall provide vehicular service and delivery access to the businesses between the hours of 7:00 a.m. and 2:00 a.m. 2. Contractor shall coordinate with each business Owner to minimize times when business entrance is not accessible. Entrances shall not be inaccessible for more than four consecutive hours in any 24 hour period. 3. Maintain minimum 5'-0" wide temporary sidewalk 1.10 Time of Completion A. Performance Periods: The Contractor shall immediately commence the work upon receipt of a Notice -to -Proceed, and shall achieve completion of hardscape improvements and final completion in accordance with the following schedule: Activities Received Bids Award of Contract (Est.) Notice -to -Proceed (Est.) Start Date Final Completion Date Date December 9, 1996 December 10, 1996 December 19, 1996 January 2, 1997 May 2, 1997 B. Early Completion Incentives. 1. In the event the Contractor achieves completion of hardscape improvements for any of the phases prior to the dates specified above, the Contractor shall receive an incentive according to the following table: ase Description III Paving Between Curbs IV Southerly Sidewalk V Northerly Sidewalk VI PierMermosa Intersection City of Hermosa Beath Lower Pier Avenue Streetscape Project No. 94-160 Milestone Date Jncentive/Dav Maximum February 21,1997 $2,000 $20,000 March 7, 1997 $4,000 $40,000 March 21, 1997 $4,000 $40,000 April 18, 1997 $2,000 $20,000 01010-6 November 14, 1996 Bid Documents 1 1 1 1 1 1 1 1 1 1 i 1 1 r 1 1 2. The date for completion of hardscape improvements shall not be adjusted for any reason whatsoever. It is agreed by the parties that this data is being established at the sole discretion of the City and that the Contractor has no right, either contractually or statutorily, to such sum unless the Contractor achieves completion of the hardscape improvements prior to the dates specified. Bonuses shall be set forth as part of the next regular invoices submitted by the Contractor referencing its basis for entitlement to such appropriate bonus. C. Liquidated Damages 1. The City and the Contractor mutually acknowledge and agree that a tiered system of liquidated damages based, in part, upon fixed calendar dates as provided above is essential to accommodate the balance variances in potential risks, costs and liabilities to the City. The City and the contractor therefore agree to the following amounts for liquidated damages: Phase Description II Street Demolition III Paving Between Curbs IV Southerly Sidewalk V Northerly Sidewalk VI PierlHermosa Intersection VII Final Completion Milestone Date pamaces/Dav January 17, 1997 February 21, 1997 March 7, 1997 March 21, 1997 . April 18, 1997 May 2, 1997 • $4,000 per day April 19 through April 25 $10,000 per day April 26 through May 15 $50,000 per day May 18 and everyday thereafter $4,000 per day May 2 through May 15 $10,000 per day May 18 and everyday thereafter $2,000 $4,000 $4,000 $4,000 $20,000• $4,000" 2. The liquidated damages for each milestone should continue to accumulate until completion for that phase of the work. Therefore, the total liquidated damages will be the sum of the liquidated damages assessed for each phase of the work. END OF SECTION November 14, 1996 Bid Documents t 01010-7 City of Hermosa Beach Lower Pier Avenue Streetscape Project No. 94160 March 27, 1997 Honorable Mayor and Members of the Hermosa Beach City Council O K c-/-0i--t-y-.) 0-57 Regular Meeting of April 8, 1997 RECOMMENDATION TO SET NEW DATE FOR BUDGET WORKSHOP Recommendation: It is recommended that the City Council set a new date of Tuesday, June 3, 1997 for review of the 1997-98 budget. Background: At your meeting of February 25, 1997, Council set dates of Thursday, May 29th and Thursday, June 12, 1997 for the budget workshops. However, due to the Memorial Day holiday, your regular City Council meeting will be held on Thursday, May 29th and therefore a budget workshop on that date would be a conflict. We are therefore recommending setting a new date of Tuesday, June 3rd. Respectfully submitted, Stephen R. Burrell City Manager 115 a April 2, 1997 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of April 8, 1997 LOCAL GOVERNMENT FINANCE Purpose: To provide information and obtain approval to support a broad base of legislative proposals to return funds taken by the state from local government. Background: I have attached some information from the League of California Cities concerning a number of legislative proposals to begin the return of local government funds taken during the early 1990's to finance state government. In order for the City to have an effective voice in the debate at the state level, we need to be able to respond on any and all of these bills as they work their way through the committee process. It is proposed that the City Council authorize the Mayor and City Manager to express the City Council support for these bills in concept. This will allow the City to be part of the statewide effort to keep the legislature focused on local government finance. Recommendation: That the City Council support the package of local government finance as recommended by the Executive Committee of the League of California Cities and that the Mayor and/or City Manager be authorized to express the City Council support as necessary during the legislative process. Respectfully submitted, Step en R. Burrell City Manager 15b. MINNAMU MEW AMMO March 27, 1997 URGENT! URGENT! #11-1997 URGENT! League of California Cities Executive Committee Announces Support for a Package of Local Government Finance Measures; Legislation Scheduled for Early -to -Mid April Hearings; Committee on Revenue and Taxation Reviews and Debates Work by Consensus Project, Allies for Cities, Counties and Special Districts, and Department of Finance/Local Government Representatives Meeting. FINANCE LEGISLATION Following a lengthy discussion of the League of California Cities Policy Committee on Revenue and Taxation, occurring at a special two-day meeting, the League of California Cities Executive Committee voted to support a number of different local government finance proposals that promise to be the focus of attention this legislative session. The positions of the Executive Committee follow the recommendations of the Committee on Revenue and Taxation. Although the full Board of Directors will take up the recommendations from the Committee on Revenue and Taxation at its April 18-19, 1997 meeting, the Executive Committee wanted to ensure that the League was on record in support of all the key legislative proposals which are scheduled for early -to -mid April hearings, prior to the meeting of the Board. The positions of the Executive Committee are subject to review by the full Board. Discussions on local government finance reform are the focus of activity for a number of interest groups in Sacramento. A general outline of some of the more important discussions is contained later in this Bulletin. The discussions are important because they will undoubtedly shape any final package that's developed. Because these discussions with other interest groups, the business community and the Governor's office are still on-going, the action of the Executive Committee was directed at allowing the greatest amount of flexibility for the -discussions to be completed. This also allows all parties to pursue broader-based revenue reform measures rather than a narrow, "quick -fix" proposal. It also allows the League, along with other organizations, to take a hard look at the annual May revision of revenue estimates that is published by the Department of Finance. This serves as the basis for assembling the final state budget product. The release of the May figures is important League of California Cities 1400 K Street Sacramento CA 95814 916.658.8200 fax 916.658.8240 because it will set realistic parameters for discussion or define the "art of the possible" for a local government finance reform package. City officials are vigorously encouraged to send letters and contact the members of the appropriate committees prior to the hearing dates listed - ASKING FOR SUPPORT OF THE LOCAL GOVERNMENT FINANCE LEGISLATION LISTED BELOW. Please communicate the needs and positive impacts of these proposals on your city services, but more importantly, city officials must communicate that 1997 has to be the year to reform and correct the problems with local government finance. City services were reduced to assist the state general fund during the recession. The recession is over. It is time to make the difficult choices and set local government finances and services straight The local government finance legislation supported by the Executive Committee includes the following proposals: * AB 1 (Aguiar). ERAF. Cap and Reverse the Shift. Hearing: April 2.1997 - Assembly Local Government Committee. This bill has two principal features: 1. It caps the property tax shift at the dollar amount shifted in 1996-97, thereby allowing local government to keep any future growth in property taxes. 2. It reduces the amount shifted each year by a schedule of unspecified percentages until the shift reaches zero. This proposal would result in the return of the amount of property tax originally shifted away from local government to the benefit of the state general fund, approximately $3.6 billion. This amount of property tax revenue would be a direct state general fund impact. Currently this measure contains an urgency clause, requiring a 2/3 affirmative vote in both houses of the Legislature. The urgency clause could be removed making the measure a majority vote bill. The signature of the Governor is required to make this proposal law. * ACA 4 (Aguiar). Constitutional ERAF. Cap and Reverse the Shift. Hearing: No Hearing Date Set - Constitutional Measure Not Subject to Regular Legislative Deadlines, This measure is similar in concept to AB 1, but would place the ERAF cap and reverse shift in the state constitution. This measure requires a 2/3 vote of the Legislature and subsequent approval of measure by the voters on a statewide ballot. It does not require the Governor's signature to go on the ballot. * AB 95 (Sweeney). Reversing the Shift and Other Considerations. Hearing: April 2, 1997 - Assembly Local Government Committee. This measure has two principal features: # 11 2 3/26/97 1. It reduces the amount shifted by a schedule of unspecified percentages until the shift reaches zero. 2. It requires the reduction in the amount of the shift to have no impact on K-12 schools and community colleges. While not amended into the legislation at this date, Assembly Member Sweeney is considering other features including: 1) a cap on the property tax shift, allowing the future growth in property taxes to go to local government, and 2) provide state income tax revenues to local governments as a means to encourage job development and job -housing balance by local governments. The bill is currently an urgency measure requiring a 2/3 affirmative vote by the Legislature and the Governor's signature to become law. The urgency clause could be removed if necessary making the proposal a majority vote measure. * $B 880 (Craven). ERAF. Cap and Reverse the Shift. Hearing: April 16, 1997 - $enate Local Government Committee, This bill takes essentially the same approach as ABI. * SB 889 (Hayden). ERAF Reversing the Shift. Hearing: No Hearing Date Set, This measure takes essentially the same approach as AB 95. There is no indication that the other considerations being discussed around AB 95 are part of the plan for SB 889. * SB 1310 (Johnson). Sales Tax Shift to Local Government. Hearing: April 16, 1997 - Senate Revenue and Taxation Committee. This measure allows cities and counties, individually, to place a sales tax measure before their local voters by a 2/3 vote of the governing body. If approved by the voters, state sales taxes would be shifted over a five year period to the city or county approving the measure. The overall sales tax rate would remain the same. The new revenues from the sales tax shift would be distributed to the communities approving the shift on a per capita basis. The measure leaves the current Bradley -Burns sales tax law in place. A total of 1 cent of the state's sales tax would be set aside for this community -by -community approved revenue. The total exposure of the state general fund, if all communities approved this measure, would be approximately $3.5 billion when fully implemented over the five year phase-in period. The exact impact on the state general fund would depend on the number of communities approving the transfer. This measure requires a majority vote in the Legislature for passage as well as the Governor's signature. #11 3 3/26/97 LOCAL GOVERNMENT FINANCE REFORM - DISCUSSIONS There are definitely encouraging signs that the local government finance issue is rising on the Legislature's agenda, but more importantly on the agendas of other influential interest groups. The signs are good because it means that Local Governments are not alone or isolated in this effort. It is going to take this support to be successful in the Legislature. The "groups" or deliberations to watch in this debate over local government finance include the following: The Consensus Project. The "Consensus Project" is a group of over 30 Sacramento -based interest organizations attempting to address the dysfunctional nature of the state and local government finance in this state. It is a group that grew out of the work of the Constitution Revision Commission and contains representatives from many of the groups which actively participated in the Commission deliberations. Sacramento Bee, Contributing Editor, Peter Schrag noted in a recent article about the Consensus Project that: ... given the inability of the Constitution Revision Commission and other such bodies to generate any motion toward reform, [the Consensus Project] may be a forlorn hope. But it surely represents far and away the most promising reform effort on the horizon - indeed, the only game in town. Mr. Schrag goes on to observe: The state's tax and governance system, many [in the Consensus Project] will tell you privately, discourages new development as well as long-term investment in health, safety and education; unfairly taxes new business and residences; creates mounting stress between agencies and levels of government, and alienates a public that "feels powerless to influence government through its representative institutions." The final recommendations of the Project have not been finalized, however, the group has listed a range of state and local government finance options for consideration. There will be an attempt to bring the recommendations to a close within the next few months. The more serious options being discussed include a reexamination of the voter approval requirements for general obligation bonds and other taxes; strengthening home rule protections against state efforts to shift local revenues to Sacramento; a realignment of revenues and responsibilities between the state and local government with the intent to create greater accountability. Local Government/Department of Finance Discussions. In addition to the Consensus Project efforts, discussions are taking place on a regular basis between representatives of local government (cities and counties) and representatives from the Department of Finance to explore options for strengthening local government finance. These discussions are simply that: "discussions"; and, do not yet have a stamp of approval from the "corner office" but are nonetheless important and recognizes that the Governor's office is a critical step to success. The discussions are examining a number of alternatives and include some of the same revenue options being discussed by the Consensus Project; exploring new and existing countywide authority for local revenue options that can be directed at the countywide priorities of local #11 4 3/26/97 governments in the county; and exploration of revenue options that are consistent with the direction of the state's economy and business activity. Allies for Cities. Counties and Special Districts. As mentioned in previous Legislative Bulletins, a strong coalition of business interests continues to push each week with Legislators on the issue of returning the property tax shift of the early 1990's to local government. The coalition has met with strong support for the resolution of local government finance issues within the Legislature. The alliance will continue throughout the session. CONCLUSION The local government finance question is definitely on the radar screen in Sacramento. It will take an extraordinary effort on the part of city officials to keep it on the screen. That effort started before the legislative session convened for its regular business in January, but goes into full gear - NOW! A clear, distinct and consistent message is needed between now and the end of the session: 1997 is the year to restore local government finance to a stable and responsible level. ******************** ********************LEGISLATIVE ACTIVITIES******************** 1. Local Agency Borrowing - 5B 147 (Ayala), Oppose. 2. Prop. 172 Sales Tax Allocation; Repeal of AB 1191 - AB 339 (Takasugi), AB 334 (Wildman), Support. 3. School Facilities - 5B 1227 (O'Connell), Oppose. 4. Public Safety Officers. Interrogation - SB 546 (Johannessen), Oppose. 5. Multi -Family Rental Housing - 5B 1156 (Costa), Oppose. 6. Dept. of Forestry and Fire Protection: Fire Prevention and Control, Staffing - AB 319 (Machado), Oppose. 7. Local Government Finance: Date of Application - AB 1362 (Mazzoni), Support. 8. Public Employees. Mediation and the Factfinding Panel - AB 673 (Floyd), Oppose. 9. Skateboarding. Municipal Liability - AB 1296 (Morrow), Support. 10. Public Beach Enhancement - AB 1228 (Ducheny), SB 1122 (Craven), Information. #11 5 3/26/97