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Home My WebLink About05/11/93`�f= 54>C)4,144- B-c.o( 93 / o n 70 "There are two sides to every story...at least." -Ann Landers AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, May 11, 1993 - Council Chambers, City Hall Closed Session - 7:00 p.m. Regular Session - 7:30 p.m. MAYOR Albert Wiemans MAYOR PRO TEM Sam Y. Edgerton COUNCILMEMBERS Robert Benz Robert Essertier Kathleen Midstokke CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Frederick R. Ferrin CITY ATTORNEY Charles S. Vose 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 Depart- ment, Fire Department, Public Library, the Office of the City Clerk, and the Chamber of Commerce. During the meeting a packet also is available in the Council foyer. PLEDGE OF ALLEGIANCE ROLL CALL: PUBLIC PARTICIPATION Members of the Public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Please limit comments to one minute. Citizens also may speak: 1) during Consent Calendar consideration or Public Hearings, 2) with the Mayor's consent, during discussion of items appearing under Municipal Matters, and 3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 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 - 1 - (a) (e) (f) (g) (h) (i) (j) separate discussion of these items unless good cause is shown by a member prior to the roll call vote. * Councilmember requests to remove items from the Consent Calendar. (Items removed will be considered under Agenda Item 3.) * Public comments on the Consent Calendar. Recommendation to approve minutes of the following meetings: 1) Special meeting of the City Council held on April 20, 1993; 1) Regular meeting of the City Council held on April 27, 1993. Recommendation to ratify Demands and Warrants Nos. through inclusive. Recommendation to receive and file Tentative Future Agenda Items. Recommendation to receive and file the April, 1993 in- vestment report. Memorandum from City Treasurer John M. Workman dated May 4, 1993. Recommen court Dire to approve Request for facing. Memorandum from C Mary Rooney dated April 27 r tennis ty Resources Request for 30 -day extension of temporary appointment of one Community Services Officer. Memorandum from Person- nel Director Robert Blackwood dated April 20, 1993. Recommendation to authorize replacement of a wrecked police patrol vehicle which is damaged beyond repair. Memorandum from Acting Police Chief Val Straser dated May 3, 1993. Recommendation to receive and file letter from the Los Angeles County Department of Beaches and Harbors extend- ing current contract for lifeguard and beach maintenance services on a month-to-month basis pending consideration of the amendment approved by Council on March 9, 1993. Memorandum from Community Resources Director Mary Rooney dated April 27, 1993. Recommendation to approve renewal of'lease\between the City of Hermosa Beach and the South BayFreeClinic for space at the Community Center (Room 7). Memorandum from Community Resources Director Mary Rooney dated May 3, 1993. Recommendation to approve renewal of Tease between the City of Hermosa Beach and Project Touch for space at the Community Center (Rooms 3 and 11). Memorandum from Com- munity Resources Director Mary Rooney dated May 3, 1993. 1 (k) (1) (m) Recommendation to authorise the purchase of an interac- tive videodisc delivery system for law enforcement training. Memorandum from Acting Police Chief Val Straser dated May 4, 1993. Recommendation to set a public hearing for the June 8, 1993 City Council meeting to consider amendments to the current Smoking Pollution Control Ordinance. Memorandum from City Manager Frederick R. Ferrin dated May 4, 1993. Recommendation to extend the existing audit {contract with Coopers and Lybrand for Fiscal Years 1992-93 and 1993-94 as allowed by the contract and the Administra- tive Memorandum for Professional Services. Memorandum from Finance Director Viki Copeland dated May 5, 1993. 2. CONSENT ORDINANCES. (a) ORDINANCE' NO: `93=r0'86\ AN ORDINANCE OF THE CITY OF HER- MOSA BEACH -TO -AMEND -ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO RECONSTRUCTION OF NONCONFORMING STRUC- TURES. For adoption. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. * Public comments on items removed from the Consent Calendar. 4. WRITTEN COMMUNICATIONS. (a) Letter from Mr. Joe Mark dated April 27, 1993 requesting to make a brief presentation on behalf of the Redondo Union High School Class of '93. (b) Memorandum dated May 4, 1993 from the Planning Commis- sion regarding R/UDAT Implementation - Pier Avenue closure. (c) Letter from Howard Longacre dated May 5, 1993 regarding City meeting replays by MultiVision., PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M. 5. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECI-C67) SION TO APPROVE AN AMORTIZED CONDITIONAL USE PERMIT FOR-* FANTASY ARCADE AT 544 PACIFIC COAST HIGHWAY. Memorandum ��ll�'�'" from Planning Director Michael Schubach dated May 4, 1993. 6. TEXT AMENDMENT TO SECTION 116Q(d) REGARDING DRIVEWAY GRADES, WITH'ORDINANCE_FOR_INTRODUCTION Memorandum from Planning Director Michael Schubach dated May 4, 1993. MUNICIPAL MATTERS NONE 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Vacancies - Boards and Commissions Board of Parking Place Commissioners - two terms ending July 27, 1993; Parks, Recreation & Community Resources Advisory Commission - three terms ending June 30, 1993. Memorandum from City Clerk Elaine Doerfling dated April 28, 1993. 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or 3) resolution of matter by Coun- cil action tonight. (a) Request by Councilmember Benz to direct staff to develop plan to encourage business in the central downtown area. 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 } Where there is no vision the people perish... HERMOSA BEACH CITY COUNCIL AGENDA WELCOME! By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often. Meetings are televised live on Multivision Cable Channel 3 and replayed the next day (Wednesday) at noon. Agendas for meetings are shown on Channel 3 the weekend before the meetings. Opportunities for Public Comments Citizens may provide input to their elected Councilmembers in writing or oral- ly. Letters on agenda matters should be sent or delivered to the City Clerk's or City Manager's Office. If sent one week in advance, they will be included in the Council's agenda packet with the item. If received after packet com- pilation, they will be distributed prior to the Council meeting. Oral communications with Councilmembers may be accomplished on an individual basis in person or by telephone, or at the Council meeting. Please see the notice under "Public Participation" for opportunities to speak before the Council. It is the policy of the City Council that no discussion of new items will be- gin after 11:30 p.m., unless this rule is waived by the Council. -The agendas are developed with the intent to have all matters covered within the time allowed. Note: City offices are open 7 A.M. to 6 P.M., Mon. - Thurs.; Closed Fridays. There is no smoking allowed in the Council Chambers. (over) THE HERMOSA BEACH FORM OF GOVERNMENT Hermosa Beach has the Council -Manager form of government, with a City Manager appointed by and responsible to the City Council for carrying out Council policy. The Mayor and Council decide what is to be done. The City Manager, operating through the entire City staff, does it. This separation of, policy making and administration is considered the most economical and efficient form of City government in the United States today. GLOSSARY The following explanations may help you to understand the terms found on most agendas for meetings of the Hermosa Beach City Council. Consent Items ... A compilation of all routine matters to be acted upon by one vote; approval requires a majority affirmative vote. Any Councilmember may remove an item from this listing, thereby causing that matter to be considered under the category Consent Calendar items Removed For Separate Discussion. Public Hearings ... Public Hearings are held on certain matters as required by law or by direction of Council. The Hearings afford the public the opportuni- ty to appear and formally express their views regarding the matter being heard. Additionally, letters may be filed with the City Clerk, prior to the Hearing. Ordinances ... An ordinance is a law that regulates government revenues and/or public conduct. All ordinances require two "readings". The first reading introduces the ordinance into the records. At least 5 days later Council may adopt, reject or hold over the ordinance to a subsequent meeting. Most or- dinances take effect 30 days after the second reading. Emergency ordinances are governed by different provisions and waive the time requirements. Written Communications ... The public, members of advisory boards/commissions or organizations may formally communicate to or make a request of. Council by letter; said letters should be filed with the City Clerk by Noon the Tuesday preceding the Regular City Council meeting and request they be placed on the Council agenda. Municipal Matters ... Non-public Hearing items predicted to warrant discussion by the City Council are placed here. Miscellaneous Items and Reports - City Manager ... The City Manager coordi- nates departmental reports and brings items to the attention of, or for action by the City Council. Verbal reports may be given by the City Manager regarding items not on the agenda, usually having arisen since the agenda was prepared on the preceding Wednesday. Miscellaneous Items and Reports - City Council ... Members of the City Council may place items on the agenda for consideration by the full Council. Other Matters - City Council ... These are matters that come to the attention of a Council member after publication of the Agenda. ACTION SHEET s ACTION SHEET REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, May 11, 1993 - Council Chambers, City Hall Closed Session - 7:00 p.m. Regular Session - 7:30 p.m. PLEDGE OF ALLEGIANCE LED BY MIDSTOKKE AT 7:42 P.M. ROLL CALL: ALL PRESENT PUBLIC PARTICIPATION PARKER HERRIOTT - LETTER DATED MAY 12 - RE. SUPPORT FOR STEVE WISNIEWSKI W/OVER 200 SIGNATURES. COPY OF PETITION IS ATTACHED. CHANTAL HARGIS - MULTIVISION CABLE RE. LTR. FROM HOWARD LONGACRE - SAYS PROBLEMS HAVE BEEN ADDRESSED. JUNE WILLIAMS - QUESTIONED WHETHER OR NOT STATUS OF CHIEF WIS- NIEWSKI HAS BEEN DECIDED B.J. MITCHELL - RE. STRAND SAFETY CONCERNS LETTER FROM CHRIS HO- WELL. HAS SOME SUGGESTIONS THAT SHOULD BE INCLUDED IN STUDY. PATTI EGERER - SPOKE ABOUT COUNCIL MEETING TIMES. WANTED CHANGE OF TIME FOR MTGS. TO START AT 6:00 P.M. END AT 10 P.M. 1. CONSENT CALENDAR: (a) Recommendation to approve minutes of the following meetings: 1) Special meeting of the City Council held on April 20, 1993; 1) Regular meeting of the City Council held on April 27, 1993. (b) Recommendation to ratify Demands and Warrants Nos. through inclusive. PULLED BY RB - WOULD LIKE TO SEE ACTUAL BILLS FROM LIABILITY ATTORNEYS SHOWN UNDER THIS ITEM. MOTION RB/SE TO PROVIDE BILLS. MOTION KM/AW TO RATIFY THE DEMANDS AND WARRANTS. SO ORDERED. Recommendation to receive and file Tentative Future Agenda Items. Recommendation to receive and file the April, 1993 in- vestment report. Memorandum from City Treasurer John M. Workman dated May 4, 1993. (e) Recommendation to approve Request for Bids for tennis court resurfacing. Memorandum from Community Resources Director Mary Rooney dated April 27, 1993. WITHDRAWN (f) (g) Request for 30 -day extension of temporary appointment of one Community Services Officer. Memorandum from Person- nel Director Robert Blackwood dated April 20, 1993. Recommendation to authorize replacement of a wrecked police patrol vehicle which is damaged beyond repair. Memorandum from Acting Police Chief Val Straser dated May 3, 1993. PULLED BY AW FOR WILMA BURT - QUESTIONED WHY A CAR CURRENTLY IN YARD CANNOT BE REFURBISHED IN- STEAD OF REPLACEMENT. VAL EXPLAINED. MOTION SE/KM TO APPROVE REQUEST. OK 5-0 (h) Recommendation to receive and file letter from the Los Angeles County Department of Beaches and Harbors extend- ing current contract for lifeguard and beach maintenance services on a month-to-month basis pending consideration of the amendment approved by Council on March 9, 1993. Memorandum from Community Resources Director Mary Rooney dated April 27, 1993. PULLED BY SE - MARY ROONEY RESPONDED TO QUESTIONS. WILMA BURT GAVE A LECTURE ON HER PERCEPTION OF THE HISTORY OF OUR RELATIONSHIP WITH THE COUNTY LIFEGUARDS. MOTION KM/AW TO RECEIVE AND FILE. OK 5-0 (i) (i) (k) Recommendation to approve renewal of lease between the City of Hermosa Beach and the South Bay Free Clinic for space at the Community Center (Room 7). Memorandum from Community Resources Director Mary Rooney dated May 3, 1993. Recommendation to approve renewal of lease between the City of Hermosa Beach and Project Touch for space at the Community Center (Rooms 3 and 11). Memorandum from Com- munity Resources Director Mary Rooney dated May 3, 1993. Recommendation to authorize the purchase of an interac- tive videodisc delivery system for law enforcement training. Memorandum from Acting Police Chief Val Straser dated May 4, 1993. PULLED BY KM - STRASER ANSWERED QUESTIONS AND EXPLAINED THE TIME RESTRAINTS IN ORDER FOR THE CITY TO GET P.O.S.T. REIMBURSEMENT. MOTION KM/SE TO APPROVE. SO ORDERED. (1) Recommendation to set a public hearing for the June 8, 1993 City Council meeting to consider amendments to the current Smoking Pollution Control Ordinance. Memorandum from City Manager Frederick R. Ferrin dated May 4, 1993. PULLED BY RB - MOTION RB/7 TO APPROVE STAFF. REC. SO ORDERED. (m) Recommendation to extend the existing audit contract with Coopers and Lybrand for Fiscal Years 1992-93 and 1993-94 as allowed by the contract and the Administra- tive Memorandum for Professional Services. Memorandum from Finance Director Viki Copeland dated May 5, 1993. PULLED BY RB - MOTION RB/SE TO GO OUT TO BID. MOTION FAILS 2-3 (KM/RE/AW-NO) MOTION KM/AW TO APPROVE STAFF REC. OK 3-2 (SE/RB-NO). 2. CONSENT ORDINANCES. (a) ORDINANCE NO. 93-1086 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH TO AMEND ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO RECONSTRUCTION OF NONCONFORMING STRUC- TURES. For adoption. MOTION RE/KM TO ADOPT ORDINANCE. OK 4-1 (AW -NO). 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. * Public comments on items removed from the Consent Calendar. 4. WRITTEN COMMUNICATIONS. (a) Letter from Mr. Joe Mark dated April 27, 1993 requesting to make a brief presentation on behalf of the Redondo Union High School Class of '93. JOE MARK WITH NICOLE MARK, THE STUDENT BODY PRESIDENT AT RUHS. ASKING FOR A SUBSTANTIAL DONATION TO GRAD NIGHT. MOTION KM - TO AGENDIZE A $1500 DONATION FOR NEXT MEETING. (A SIDE NOTE: IF GRANTED, BOB BLACKWOOD WANTS HIS MERIT PAY BACK.) (b) Memorandum dated May 4, 1993 from the Planning Commis- sion regarding R/UDAT Implementation - Pier Avenue closure. MOTION KM/AW TO FORWARD TO CHAMBER OF COMMERCE FOR THEIR CONSIDERATION. WILMA - OBJECTS TO CLOSURE OF PIER AVENUE. MARY LOU WEISS - 2506 ARDMORE. IN CHARGE OF FARMER'S MKT. SAID THEY WERE WILLING TO FIND OUT HOW BUSINESSES ON PIER WOULD FEEL. CAROL HUNT - SAID THEY WOULD CHECK ON AND IF FEELING OF DOWNTOWN MERCHANTS OK, WOULD BRING BACK TO COUNCIL. SO ORDERED. (c) Letter from Howard Longacre dated May 5, 1993 regarding City meeting replays by MultiVision. MOTION SE/RB TO RECEIVE AND FILE. FAILS 2-3 (KM/AW/RE KM/AW TO SEND LETTER REITERATING OUR POSITION OF 1992. OK 3-2 (SE/RB-NO) PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M. 5. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECI- SION TO APPROVE AN AMORTIZED CONDITIONAL USE PERMIT FOR FANTASY ARCADE AT 544 PACIFIC COAST HIGHWAY. Memorandum from Planning Director Michael Schubach dated May 4, 1993. MOTION BY KM TO CONTINUE FOR ONE MONTH TO SEND BACK TO PLANNING COMMISSION R. INCONSISTENCIES. CLARIFICATION OF WHAT USE WILL BE NOW, IS IT GOING TO BE MAGAZINES AND NEWSPAPERS THAT YOUTHS CAN COME IN TO BUY AND AN ADULT THEATRE IN BACK? HOURS OF OPERA- TION AND DOORS INTO BOOTHS. SECOND AW. OK 4-1 (RB -NO). WILMA BURT - STATE SUPREME COURT SAYS SMALL CITIES SHOULD NOT HAVE TO PROVIDE SPACE FOR PORNO BUSINESSES. FIND OUT MORE ABOUT SUPREME COURT LAW. DID NOT MAKE MOTIONS ABOUT DUAL USAGE. JIM LISSNER - QUESTONED PARKING THAT IS NOT PROVIDED FOR THIS BUILDING. WOULD LIKE C.C. TO HAVE P.C. ADDRESS THIS. CONSIDER PARKING, RE. DOORS, IS USE CHANGING TO PORNO MOVIE THE- ATRE, HOURS OF OPERATION, CHANGE OF USE, ONLY ONE RESTROOM, MAYBE NEED MORE, LACK OF FIRE DOOR, NEED MORE PRECISE DRAWINGS, BE SURE EVERY CONDITION IN OUR ORDINANCE ON ADULT BUSINESSES INCLUDED. KM WANTS THE ISSUE OF THE STANDARD BOOK STORE IN FRONT AND THE ACTIVITIES IN THE REAR TO BE ADDRESSED. SO ORDERED. 6. TEXT AMENDMENT TO SECTION 1160(d) REGARDING DRIVEWAY GRADES, WITH ORDINANCE FOR INTRODUCTION. Memorandum from Planning Director Michael Schubach dated May 4, 1993. MOTION RE/AW - TO INTRODUCE ORDINANCE OK 4-1 (RB -NO). MUNICIPAL MATTERS NONE 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Vacancies - Boards and Commissions Board of Parking Place Commissioners - two terms 4 ending July 27, 1993; Parks, Recreation & Community Resources Advisory Commission - three terms ending June 30, 1993. Memorandum from City Clerk Elaine Doerfling dated April 28, 1993. MOTION RE/RB TO APPROVE STAFF REC. SO ORDERED. IF TWO VACANCIES OCCUR ON VPD WOULD THEY CONTINUE TO SERVE. STAFF TO COME BACK IF THERE IS A PROBLEM. 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or 3) resolution of matter by Coun- cil action tonight. (a) Request by Councilmember Benz to direct staff to develop plan to encourage business in the central downtown area. MOTION RB/SE FOR CITY MANAGER TO COME UP WITH A PLAN OF DOING WHAT HE CAN TO ENCOURAGE BUSINESSES THROUGH STAFF. MOTION WITHDRAWN BY RB. MOTION SE/RB TO FORM A SUBCOMMITTEE OF SE/RB TO ASSIST NEW BUSI- NESSES COMING INTO THIS TOWN. FAILS 2-3 (KM/AW/RE) MOTION RB/RE - DEVELOP A QUESTIONAIRE THAT ALL PROSPCTIVE BUSI- NESSES ARE ASKED TO FILL OUT TO REPORT ON HOW THEY WERE TREATED BY CITY STAFF. OK SO ORDERED. CITIZEN COMMENTS Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. Please limit comments to three minutes. ADJOURNMENT TO A CONTINUATION OF EARLIER CLOSED SESSION FOR REAL ESTATE NEGOTIATIONS AT 10:12 P.M. 5 SFRpf 5- 11-93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of HerFosa Beach, California, held on May 11, 1993, at the hour of 7: P.M. ********* start page = 8145 ********* CLOSED SESSION - the closed session was held at P.M. regard- ing matters of litigation, pursuant to Government Code Section 54956.9(a): Geist vs. City of Hermosa Beach; and Real Property Negotiations: vicinity of 2nd and 3rd Streets and Pacific Coast Highway. The closed session was recessed at 7: P.M. to the regular scheduled public meeting. ********* get times ******* PLEDGE OF ALLEGIANCE - ROLL CALL Present: Benz, Edgerton, Essertier, Midstokke Ma or Wiemans Absent: None ANNOUNCEMENTS - � et a2/GST kJ6P�ct� N �T p2u /'�%/.SToe/ S ,,ean°n> DA) U aTiNG /Yvi G)0N6, aJ94, tar GJ oAk. PUBLIC PARTICIPATION Members of the Public wishing o a••ress e 'y Counci on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Please limit comments to one minute. Citizens also may speak: 1) during Consent Calendar consideration or Public Hearings, 2) with the Mayor's consent, during discussion of items appearing under Municipal Matters, and 3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. Coming forward to address the Council at this time were: v. atera..--z,--c — — ate' --mc- pe& , ?-`--,--()14)A-'1•-e--Ird11-4-0-j2.• �� id • � Sal cas Li or -le_„ N. ,-)1 Howard Longacre - 1221 Seventh Place,---)j--79-- 4 lace,'"''--79- 4j A ‘Gr' ® i-), — - c:, --2-c--- ,--y/ y(e Ci'ty CounciV_ ni utas 05-11-93 Page�i Wilma Burt - 1152 Seventh Street, June Williams - 2065 Manhattan Avenue, Dave Reimer - 802 Monterey Blvd., Jerry Compton - 1200 Artesia Blvd., Shirley Cassell - 611 Monterey Blvd., Parker Herriott - 224 Twenty-fourth Street, Jim Lissner - 2715 El Oeste Drive, Jim Rosenberger - 1121 Bayview Drive, Tom Morley - 516 Loma Drive, Richard Sullivan - 824 Third Street, Edie Webber - 1210 Eleventh Street, Gene Dreher - 1222 Seventh Place, Joseph Di Monda - 610 Ninth Street, Martin Moreno - 1326 Corona Street, Marc Freeman - 1937 Palm Drive, Betty Martin - 257 27th Street, Merna Marshall - 360 33rd Place, CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. * Councilmember requests to remove items from the Consent Calendar. (Items removed will be considered under Agenda Item 3.) * Public comments on the Consent Calendar. 1. CONSENT CALENDAR Action: To approve the Consent Calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) , (b) , (c) (d) , (e) , (f) , (g) , (h) , (i) (j) , (k) , (1) , and (m) . Motion £.', secondEV . So ordered. Coming forward to address the Council on items not removed from the consent calendar were: City Council Minutes 05-11-93 Page 2 • No one came forward to address the Council on items not removed from the consent calendar. (a) (b) Recommendation to approve minutes of the following meetings: 1) Special meeting of the City Council held on April 20, 1993; 1) Regular meeting of the City Council held on April 27, 1993. Action: To approve the minutes of Recommendation to ratify Demands and Warrants os. through inclusive. 1/7 �,,� U Action: oratify the demands and warrants as presented. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Action: To receive and file the tentative future agenda items as presented. Recommendation to receive and file the April, 1993 in- vestment report. Memorandum from City Treasurer John M. Workman dated May 4, 1993. City Council Minutes 05-11-93 Page 3 • (e) (f) Action: To receive and file the April, 1993 investment report as presented. Recommendation to approve Request for Bids for tennis court resurfacing. Memorandum from Community Resources Director Mar Roone dated Aril 27, A -u) A)?ROR 1`o rtI E M E E -'I i �- Request for 30 -day extension of temporary appointment of one Community Services Officer. Memorandum from Person- nel Director Robert Blackwood dated April 20, 1993. Action: To approve the request for a 30 -day extension of the temporary appointment of one Community Services Officer as requested. Recommendation to authorize replacement of a wrecked police patrol vehicle which is damaged beyond repair. Memorandum from Acting Police Chief Val Straser dated May 3, 1993. This item was removed from the consent calendar by Coun- cilmember Essertier for separate discussion later in the meeting. Acting Police Chief Straser presented the staff report and responded to Council questions. ( "2'r Cox ZA- City Council Minutes 05-11-93 Page 4 • �e( (h) f" (1=7 - Action: To approve the staff recommendation to au- thorize the purchase of a replacement police patrol car through the Los Angeles County Bid Process and appropri- ate $14,706.85 from the fund balance in the Insurance Fund to the Auto/Property/Bonds account for claims set- tlement, with the understanding that reimbursement, if any, will be credited back to the Insurance Fund. ecommendation to receive and file letter from the Los Angeles County Department of Beaches and Harbors extend- ing current contract for lifeguard and beach maintenance services on a month-to-month basis pending consideration of the amendment approved by Council on March 9, 1993. Memorandum from Community Resources Director Mary Rooney dated April 27, 1993. Eat This item was removed from the consent calendar by mayuf _Wemans for separate discussion later in the meeting. Community Resources Director Rooney presented the staf report and responded to Council questions. C71-54/ r 47. !1) 1.46 -- Action: To approve the staff recommendation to receive and file the letter from the Los Angeles County Depart- ment of Beaches and Harbors which extends the current contract for lifeguard and beach maintenance services on a month-to-month basis, with 30 -day termination or change notification, pending Board of Supervisor approv- al of its budget. /e -9--"(j-72) (i) Recommendation to approve renewal of- lease between the City of Hermosa Beach and the South Bay Free Clinic for space at the Community Center (Room 7). Memorandum from Community Resources Director Mary Rooney dated May 3, 1993. Action: To approve the one-year lease agreement between the City of Hermosa Beach and the South Bay Free Clinic for Room 7 at the Community Center at a monthly rate of $957 per month (1100 sq.ft. X $.87 per sq.ft.) for an annual lease amount of $11,451. City Council Minutes 05-11-93 Page 5 • (j) Recommendation to approve renewal of.leasebetween the City of Hermosa Beach and Project Touch for space at the Community Center (Rooms 3 and 11). Memorandum from Com- munity Resources Director Mary Rooney dated May 3, 1993. Action: To approve the one-year lease agreement between the City of Hermosa Beach and Project Touch for Rooms 3 and 11 at the Community Center at a monthly rate of $780 per month (929 sq.ft. X $.84 per sq.ft.) until July 1, 1993, and $808 per month (929 sq.ft. X $.87 per sq.ft.) thereafter, for an annual lease amount of $9,640. (k) Recommendation to authorize the purchase of an interac- tive videodisc delivery system for law enforcement training. Memorandum from Acting Police Chief Val Straser dated May 4, 1993. This item was removed from the consent calendar at the request of Councilmember Midstokke for separate discus- sion later in the meeting. ,'3 �v � );„ �� -r'U Y��► Acting Police Chief Straser presented the staff report and responded to Council questions. 148#7cV Action: To approve the staff recommendation to au- thorize the Police Department to purchase an interactive videodisc delivery system (IVD), at a cost of $4,500, with funds from the prospective expenditures account, to be reimbursed by the Commission on Peace Officer Stan- dards and Training (POST) if purchased prior to June 30, 1993, in order to participate in statewide training pro- grams provided by POST. Motion , second . The motion carried, noting the dissenting votes of City Council Minutes 05-11-93 Page 6 • (1) (m) Recommendation to set a public hearing for the June 8, 1993 City Council meeting to consider amendments to the current Smoking Pollution Control Ordinance. Memorandum from City Manager Frederick R. Ferrin dated May 4, 1993. Action To set a public hearing for the regular City Council meeting of June 8, 1993 to consider amendments to the current Smoking Control Ordinance No. 86-852. Recommendation to extend the existing audit contract with Coopers and Lybrand for Fiscal Years 1992-93 and 1993-94 as allowed by the contract and the Administra- tive Memorandum for Professional Services. Memorandum from Finance Director Viki Copeland dated May 5, 1993. 71,-1 ,i,A (no?.../..,/4.=,,,L,/^.4-/94104./N, N Action: To approve the staff recommendation to extend the existing audit contract with Coopers and Lybrand for the two fiscal years of 1992-93 and 1993-94, as allowed by contract, at a 5% increase for a total annual con- tract amount of $25,463 (700 hours at $36.38 per hour). , *Ex 7)//s. 2. CONSENT ORDINANCES. (a) ORDINANCE NO. 93-10861- AN ORDINANCE OF THE CITY OF HER- MOSA BEACH TO AMEND ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO RECONSTRUCTION OF NONCONFORMING STRUC- TURES. For adoption. Action: To adopt Ordinance No. 93-1086. Motion , second /2 . The motion carried, noting the dissenting votes of City Council Minutes 05-11-93 Page 7 • 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) , (k), (1), and (m) 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 items. 4. WRITTEN COMMUNICATIONS (a) Letter from Mr. Joe Mark dated April 27, 1993 requesting to make a brief presentation on behalf of the Redondo Union High School Class of '93. Coming forward to address the Council on this item were: ceta- 7471")) Action: To itis � i 9;e-6 \ 0* 9;a5 (b) Memorandum dated May 4, 1993 from the Planning Commis- sion regarding R/UDAT Implementation - Pier Avenue closure. ,.y� owing forward to address the Council on this item were: ' Action: o direct staff to contact the Chamber of Com- merce regarding moving the location of the "Farmer's Market" from its present area to Pier Avenue for trial `�> closures of the Pier Avenue location between Beach Drive and Hermosa Avenue. Motionsecond /4,=.1 the dissenting votes of City Council Minutes 05-11-93 . The motion carried, noting r Page 8 Action: To receive and file. Motion , second . The motion carried, noting the dissenting votes of (c) Letter from Howard Longacre dated May 5, 1993 regarding City meeting replays by MultiVision. Coming forward to address the Council on this item were: 257 711(74 Action: To direct staff to write Multivision regarding Mr. Longacre's communication. /47 /Y k) PUBLIC HEARINGS - TO COMMENCE AT 8:00 P.M. 5. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION DECI- SION TO APPROVE AN AMORTIZED CONDITIONAL USE PERMIT FOR FANTASY ARCADE AT 544 PACIFIC COAST HIGHWAY. Memorandum from Planning Director Michael Schubach dated May 4, 1993. Plann 1 and re -=ended • CounQ ques ons. /// 3'6 The public hearing opened at 8: P.M. Coming forward to address the Council on this item were: 9 r()_.0%/--))) ctor hub • •res port ��) City Council Minutes 05-11-93 Pag 9 • p ) :7 6 7 The public hearing closed at P.M. l'1°'/a' /2V;" -/(z) Proposed Action /6er/ 77/"' To sustain the f�lanning Commission approval and adopt,�Resolution'`No. _93756--N, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR AN EX- ISTING ADULT BUSINESS (ADULT BOOKSTORE AND ADULT THEATRE/ARCADE), SUBJECT TO CONDITIONS, AT 544 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 15 CAMINO REAL TRACT." Motion the dissentin second vot The motion carri noti 4C71)s /v Proposed Action: To sustain the Planning Commission approval, as modified, and adopt4Resolution_N6--.2-93=56.1; entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT WITH CONDITIONS, AAS^MODIFIED; FOR AN EXISTING ADULT BUSINESS (ADULT BOOKSTORE AND ADULT THEATRE/ ARCADE) AT 544 PACIFIC COAST HIGHWAY AND LEGALLY Gn DESCRIBED AS LOT 15 CAMINO REAL TRACT." vV 51c�r,J Motion , second . The motion j ((.ey the dissenting votes of (I' l' f 4)1r A) -- (c9V,V) ( 4 — ..,) (( ,--) i''''f()> ...„c ---t1 ,,,, rc 1 5 ,_.0 6. carried, noting J (,./12.t)j /4 4//) V ir r , e [41) TEXT AMENDMENT TO SECTION 1160(d) REGARDING DRIVEWAY GRADES, WITH ORDINANCE FOR INTRODUCTION. Memorandum from Planning Director Michael Schubach dated May 4, 1993. Planning Director Schubach presented the staff report and responded to Council questions. City Council Minutes 05-11-93 Page 10 • The the public hearing opened at 8: P.M. Coming forward to address Council on this item were: The public hearing closed at 39:310.M. Action: To introduce 'O dirnance.;No93=11a9) Motion , second . The motion carried, noting the dissenting votes of Final Action: To waive further reading of OrdinanceNo 493-10; entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 1160(D), PERTAINING TO THE DRIVEWAY GRADES AND 2 THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." ,, Motion �/,� second AYES: 6--Q(' NOES: (‘Th K/52 _-7/ MUNICIPAL MATTERS - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGERS. City Manager Ferrin reported 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Vacancies - Boards and Commissions Board of Parking Place Commissioners - two terms ending July 27, 1993; City Council Minutes 05-11-93 Page 11 Parks, Recreation & Community Resources Advisory Commission - three terms ending June 30, 1993. Memorandum from City Clerk Elaine Doerfling dated April 28, 1993. Th Action: To approve the staff recommendation to: 1) direct the City Clerk to advertise and request ap- plications from interested parties for appointment to the Parks, Recreation and Community Resources Advisory Commission; and, , 2) defer direction concerning the two upcoming expira- tion of terms on the Board of Parking Place Commis- sioners, pending Council consideration on the Vehi- cle Parking District and the existing Board. Motion , second . The motion carried, noting the dissenting votes of 05'1-J '/-002) /0)) 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or 3) resolution of matter by Coun- cil action tonight. (a) Request by Councilmember Benz to direct staff to develop plan to encourage business in the central downtown area. Councilmember Benz discussed his request�-/2 �/f .7),-- p %--.. IP ---7 t 7( ' -I/ ) r ----- -/9 :-Z---(:" '°1)/{ /V 2(r'..; ?)41.141P AD \ .../ .. 2.____., r .__ c9 c" ,.... ,----a, 2--42. e...-1,.. ) ,..i , ,_7;) -2L2 e,,y,-1 CITIZEN COMMENTS iy; V:/) Citizens wishing to address the Council on items within the Council's jurisdiction may do so at this time. j.v7e..7.,. Please limit comments to three minutes. 7/7.1,__ V- GI) :;,/ \i--() -----0 J€— City Council Minutes 05-11-93 Page 12 Coming forward to address the Council at this time were: ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, May 11, 1993, at the hour of /ti /l P.M. to the Regular Meeting of Tuesday, May 25, 1993, at the hour of 7:30 P.M. P. Deputy City Clerk City Council Minutes 05-11-93 Page 13 4014 Hermosa Beach City Council Civic Center Drive Hermosa Beach, California 90254 Parker R. Herriott 224 24th Street Hermosa Beach, California 90254 Re: Public Safety Director Mr. Steve Wisniewski .5--//- 9,3 May )2;1993 Dear Mayor Mr. Albert Wiemans, City Council members, City Attorney Charles Vose,City Manager Rick Ferrin, Over 200 Hermosa Beach residents signed the petition to show support for Hermosa Beach Public Safety Director, Mr. Steve Wisniewski, and to request that Mr. Wisniewski be retained in his current position as Hermosa Beach Public Safety Director. A copy of said petition in support of Public Safety Director, Mr. Steve Wisniewski is attached and marked as Exhibit "A". Mayor Wiemans I want to thank you for showing your support for our Public Safety Director, Mr. Steve Wisniewski. I am confident that Mr. Wisniewski will continue to be our Public Safety Director, as he should, since he has done nothing to justify his termination. )ectfully, Ce. 4"/1"<— Parker R. Herriott cc Public Safety Director , Mr. Steve Wisniewski PETITION IN SUPPORT OF HERMOSA BEACH PUBLIC SAFETY DIRECTOR, MR. STEVE WISNIEWSKI We the undersigned residents of Hermosa Beach, California request that Mr. Steve Wisniewski be retained in his current position, as Hermosa Beach Public Safety Director. NAME RESIDENCE Please return this petition to Parker R. Herriott 224 24th Street Hermosa Beach, Ca. 90254 or call (310) 379-7196. EX. B.J. Mitchell P.O.Box 865 Hermosa Beach, CA 90254 May 11, 1993 Hermosa Beach City Council Hermosa Beach, CA 90254 Dear Council, The first letter I wrote to you regarding safety on the Strand, last January, contained two alternative suggestions for addressing the safety problem. At that time the Council determined that no proposals for Strand safety would be considered. Two weeks ago, an alternative suggestion for Strand safety was presented by Chris Howell, and the Council appointed a committee of city management staff to study it. However, the Council inadvertently omitted my suggestions from consideration by the committee, and I am resubmitting them now with the request that they be forwarded to the committee for review. In addition to the first two alternatives that I suggested, I am including a third which addresses the needs of skaters. Skaters are probably our most rapidly growing user population. The third alternative is as follows: 1. Divide the current Strand in half, with one-half reserved for pedestrians and one-half for skaters. 2. Move the bicycle path to one of the following: a. locate the bicycle path west of the Strand, as recommended by RUDAT, if the court finds it to be LEGAL and the city engineer finds it to be structurally FEASIBLE; or b. if it is either not legal or not feasible, move it to Beach Drive, following the route I outlined in my January proposal. The above plan will go a long way toward serving the needs of all three major user populations and, most importantly, it will begin to address the safety issue in real terms. Sin erely, itchell 2-5676 B.J. Mitchell 135 31st St. Hermosa Beach. CA 90254 January 12, 1993 City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Dear Council, It is hardly necessary to explain to you who have been elected to address the city's problems, that the traffic situation on the Strand is a "lawsuit waiting to happen". Speeding bicycles, speeding skaters, joggers, walkers, small children, and dogs, all trying to enjoy the same small area, is simply not workable. I myself have experienced two narrow misses by speeding bicycles, and I have seen a small child nearly hit by a speeding bicycle. I have ridden my own bicycle on the Strand and have been a nervous wreck trying to swerve around the pedestrians in front of me. while at the same time trying to avoid being hit by fast moving bicycles and skaters coming up behind me. Anyone with their eyes open knows this is a potential disaster area, the question is what can be done about it? It seems to me there are at least two options that should be explored: 1. The most logical answer is to expand the Strand, limiting half the area to walkers, children and dogs. I have been told by at least one of you that it is illegal to build ANYTHING on the beach; that the legal restrictions on the beach will not allow a bike path to be built there. However, there may be nothing in the restrictions that prevents the expansion of the existing Strand. If there is, it may be possible to get the legal restrictions changed, either by a vote of the County Commission or by the citizens of Hermosa Beach. Has that been fully explored? It is not logical that a law has been passed which can not be changed under any circumstance by any method. That is not the nature of laws. This should be fully explored by the citys legal staff. 2. If legal research shows that, in fact, such a law has been written (that is, it can not be changed under any circumstance) then I would propose the re-routing of the bike path and restrict the present Strand to joggers, walkers, children and dogs. From the Manhattan Beach border the current bike path follows Hermosa Avenue to 24th Street, where it then cuts over to the Strand (many bikers and skaters do not use that section of the bike path, but use the Strand all the way to the stairs at Manhattan Beach). My proposal would be to continue the bike path along Hermosa Avenue to 22nd Street, then swing over to Beach Drive. Beach Drive would become a one-way street with half for cars and half for bikers and skaters. The existing barriers would have to come down. and considerable street work would have to be done to smooth it out for bikers and skaters. Beach Drive could be used until it joins Hermosa Ave. again. The bike path could be continued along Hermosa Avenue until it joins the existing one again at Herondo. The County has money set aside for bike paths, so I believe the city could get funding for this proposal. The one drawback is that a total of seventeen parking spaces would be lost on Hermosa Ave.: fifteen between 22nd and 24th, and two at the end of Beach Drive. In order to mitigate the negative effects of the lost parking spaces, I would propose angled parking on some sections of Hermosa Ave. in lieu of parallel parking. I am not an engineer, so I can not set forth all the specific details of either of the two above proposals. However, I have been around enough corners to know that a few people with some imagination can come up with a workable solution to this very serious problem. I am certainly willing to volunteer my time to serve on any committee the Council may wish to establish to consider all possible options. Failure to address this issue on an ongoing basis until a satisfactory solution is found, would be irresponsible at best, and criminal at worst. Please put this on one of your Council agendas for discussion. Sincerely, B.J. Mitchell 372-5676 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, called by Mayor Wiemans, and held in the Administrative Conference Room on the second floor of City Hall on Tuesday, April 20, 1993, at the hour of 7:30 p.m. ROLL CALL Present: Benz, Edgerton, Essertier, Midstokke, Mayor Wiemans Absent: None CLOSED SESSION - The purpose of the Special Meeting was to retire to closed session at 7:31 P.M. to discuss personnel matters. The closed session adjourned at 9:59 P.M. to the Special Meeting. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, April 20, 1993, at the hour of 10:00 P.M. to the Regular Meeting to be held on Tuesday, April 27, 1993, at the hour of 7:30 P.M. City erk ia() City Council Minutes 04-20-93 Page 8130 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on April 27, 1993, at the hour of 7:36 P.M. PLEDGE OF ALLEGIANCE - Mary Rooney, Community Resource Director ROLL CALL Present: Benz, Essertier, Midstokke, Mayor Wiemans Absent: Edgerton (arrived at 7:38 P.M.) PROCLAMATION: Hire -A -Veteran Week, May 2 through May 8, 1993 Mayor Wiemans read the proclamation to call upon all citizens, especially employers, to assist and cooperate in developing job opportunities for our veterans and proclaimed the period of May 2 through May 8, 1993 as "Hire a Veteran Week". PUBLIC PARTICIPATION Coming forward to address the Council at this time were: Rick Learned - President, Chamber of Commerce, spoke for Business Advocacy, said that May 12, 1993 the California Coastal Commission would hear three items from Hermosa Beach, two of which dealt with in -lieu fees for parking; asked the Council to support the position of the Planning Commission in its recommendation to grant the permits; John Bowler - President, Restaurant and Tavern Owners Assn., added his support to Mr. Learned's request; requested that parking stan- dards be relaxed; Jerry Newton - 2041 Circle Drive, added his support to Mr. Learned's request; recounted being cited for perceived violations of the Municipal Code and said in Redondo Beach businesses were en- couraged to display their wares; asked the Council to support businesses; Wilma Burt - 1152 Seventh Street, requested that items 1(f), (g) and (h) be removed from the consent calendar; and, - Peter Mangurian - 1100 The Strand, suggested the parking operation be given to the highest bid- der in an open meeting. 1. CONSENT CALENDAR 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: (b) Benz, (d) Benz, (f) Mayor Wiemans, (g) Midstokke and Mayor Wiemans, and (h) Mayor Wiemans; in addition, Essertier registered a "no" vote on item 1(e). Motion Essertier, second Mayor Wiemans. So ordered. City Council Minutes 04-27-93 Page 8131 No one came forward to address the Council. on items not removed from the consent calendar. (a) Recommendation to approve minutes of regular meeting of the City Council held on April 13, 1993. Action: To approve the minutes of the regular meeting of April 13, 1993 as presented. (b) Recommendation to ratify Demands and Warrants No. 43585, Nos. 43651 through 43722 inclusive, and Nos. 43725 through 43822 inclusive, noting voided warrants Nos. 43654, 43655, 43725, 43726, 43748, and 43765. (Councilmember Edgerton left the dais at 9:03 P.M.) This item was removed from the consent calendar by Coun- cilmember Benz for separate discussion later in the meeting due to a question regarding payment for psy- chological health services. City Manager Ferrin responded that it was contained in the current employment Memorandum of Understanding (MOU) and could not be changed or deleted until a new MOU was negotiated. Action: To ratify the demands and warrants as presented. Motion Benz, second Midstokke. So ordered, noting the absence of Edgerton. (Councilmember Edgerton returned to the dais at 9:09 P.M.) (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Action: To receive and file the tentative future agenda items as presented. Recommendation to receive and file the monthly financial report: 1) Revenue and expenditure report; 2) City Treasurer's report. This item was removed from the consent calendar by Coun- cilmember Benz for separate discussion later in the meeting due to a question regarding a large payment for vacation/sick time payoff in the Police Department. Finance Director Copeland responded that a large part of the amount was to pay Commander Altfeld when he left the City's employ. City Council Minutes 04-27-93 Page 8132 (e) (f) Action: To receive and file the monthly financial re- ports as presented. Motion Benz, second Essertier. So ordered. Recommendation to adopt resolution amending Resolution No. 90-5422, Schedule 5, adding a walk street parking fee. Memorandum from Public Works Director Charles McDonald dated April 20, 1993. Councilmember Essertier registered a "no" vote on this item. Action: To adopt Resolution No. 93-5604, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING RESOLUTION NO. 90-5422, SCHEDULE 5, ADD- ING A WALK STREET PARKING FEE.", of $27 per space per year, to correspond to the residential parking permit fee (if all 66 allowable spaces are used it would be a total revenue of $1,782). Recommendation to approve fee waiver for National Lifeguard Championships. Memorandum from Community Resources Director Mary Rooney dated April 16, 1993. This item was removed from the consent calendar by Mayor Wiemans for separate discussion later in the meeting. Community Resources Director Rooney presented the staff - report and responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., said that the usual fees should be charged; questioned if the 12 people shown for air fare and rooms were being paid salaries; Wilma Burt - 1152 Seventh Street, said she objected to a reduction in fees as this was not a part of the regular "Surf Festival"; June Williams - 2065 Manhattan Avenue, said this was a lifeguard event and the City should sup- port the lifeguards in any way it can since they do such an important job for us; Ira Gruber - Past President of the Los Angeles County Lifguard Assn. (LACOLA), said this was a part of the "Surf Festival" and LACOLA was a non-profit organization, that money paid to the City would be at the expense of its contribu- tion to the Junior Lifeguard program or sending its women lifeguards to competition; said Scott Hubbell was a lifeguard who had agreed to help find sponsors for the event at a reduced per- centage of the money brought in; said the 12 people mentioned were members of the National Association and were not receiving salaries; J.R. Reviczky - 600 Ardmore Avenue, Parks, City Council Minutes 04-27-93 Page 8133 (At 9:24 mal poll (g) Recreation and Community Resources Advisory Commission, said that the pommission had deter- mined that $400 was the actual cost to the City and that the City should not make a profit at the expense of the lifeguards; and, Tracy Lizotte - Lifeguard, said that many other cities wanted this event and he was proud to have it in Hermosa Beach. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to reduce the commercial event permit fees for the Na- tional Lifeguard Championships, scheduled for August 4- 6, 1993, from $4,881 to $400 to cover the administrative costs by the Community` Resources Department of event oversight to process the request and make City arrange- ments for the Championships. Motion Essertier, second Edgerton. The motion carried unanimously. P.M. a request for a recess was not granted as an infor- of the Council favored continuing the consent calendar.) Recommendation to issue a request for proposals for ar- chitectural and engineering plans for the police station remodel, Phase III. Memorandum from Acting Police Chief Val Straser. This item was removed from the consent calendar by Coun- cilmember Midstokke and Mayor Wiemans for separate dis- cussion later in the meeting. Acting Police Chief Straser responded to Council ques- tions and said the amount of the remodel was $250,000. City Attorney Vose responded to Council questions and said that it was his opinion that the remodel was a le- gal expenditure of Asset Forfeiture Funds. Coming forward to address the Council on this item was: Wilma Burt - 1152 Seventh Street, read from a 1988 paper recounting Commander Straser discussing a Police Department remodel and questioned what had taken place at that time. Acting Police Chief Straser responded that that remodel had been to the first floor and had been completed; this remodel was to the basement. Action: To approve the staff recommendation to issue a request for proposals for architectural and engineering plans for remodeling the basement area of the Police Station and authorize the City Clerk to publish the ap- propriate notice in the Easy Reader newspaper. Motion Essertier, second Benz. The motion carried, City Council Minutes 04-27-93 Page 8134 (h) noting the dissenting votes of Midstokke and Mayor Wiemans. Recommendation to approve the retention of Special Coun- sel ounsel for personnel matters. Memorandum from City Manager Frederick R. Ferrin dated April 22, 1993. Supplemental letter from Parker Herriott, 224 24th Street, dated April 27, 1993. This item was removed from the consent calendar by Mayor Wiemans for separate discussion later in the meeting. City Manager Ferrin presented the staff report and re- sponded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., read the cost of legal fees for the special counsel and the warrant amount of $7,283.85 for the month of March; felt this contract could cost the City over $500,000; said the City had ruined the reputation of Mr. Wisniewski through innuendo and closed session decisions leaked to the newspapers; said the Council should reinstate Mr. Wisniewski. Action: To ratify the contract, previously authorized by the Council, of special counsel Mr. Richard Bolanos of the firm of Johnson, Whitmore and Bolanos, for specific personnel related matters at an hourly rate between $165 and $225. Motion Essertier, second Edgerton. The motion carried noting the dissenting vote of Mayor Wiemans. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 93-1085 MOSA BEACH TO AMEND RELOCATE INTO THE (Continued from 3/23 - AN ORDINANCE OF THE CITY OF HER - THE SIGN ORDINANCE TEXT, AND TO ZONING ORDINANCE. For adoption. and 4/13 meetings.) Planning Director Schubach questions. responded to Council Action: To adopt Ordinance No. 93-1085. Motion Essertier, second Midstokke. The motion carried, noting the dissenting votes of Benz and Edgerton. (b) ORDINANCE NO. 93-1086 - AN ORDINANCE OF THE CITY OF HER- MOSA BEACH TO AMEND ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO RECONSTRUCTION OF NONCONFORMING STRUC- TURES. For adoption. (Continued from 3/23 and 4/13 meetings.) City Council Minutes 04-27-93 Page 8135 i Coming forward to address the Council on this item were: Wilma Burt - 1152 Seventh Street, questioned the definition of non -conforming as it was not de- fined in the Ordinance; Patty Egerer - Hermosa Beach, questioned if all non -conforming structures were included in this Ordinance; cited a duplex in her R-1 neighbor- hood that no one would like to see rebuilt; and, June Williams - 2065 Manhattan Avenue, questioned the phrase, "as much as possible", felt this was too ambiguous. Proposed Action: To adopt Ordinance No. 93-1086. Motion Essertier, second Midstokke. The motion failed due to the dissenting votes of Benz, Edgerton and Midstokke. City Attorney Vose said if the Ordinance were should be reintroduced. Action:. To reintroduce Ordinance No. 93-1086 by deleting the exception clause contained in A(1) at the top of page two. Motion Midstokke, second Benz. The motion carried, noting the dissenting vote of Mayor Wiemans. Final Action: To waive full reading of Ordinance No. 93-1086, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH TO AMEND ZONING ORDINANCE TEXT, SECTION 13-6, PER- TAINING TO RECONSTRUCTION OF NONCONFORMING STRUCTURES." Motion Essertier, second Midstokke. changed it as amended section 1 - AYES: Benz, Edgerton, Essertier, Midstokke, Mayor Wiemans NOES: None (At 8:16 P.M. the order of the agenda was suspended to. go to the public hearing, item no. 5.) 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(b), (d), (f), (g), and (h) were heard at this time but are shown in order for clarity. The following consent items were continued from the April 13, 1993 meeting: 1(j) Recommendation to adopt resolution of intent regarding historic signs. Memorandum from Planning Director Michael Schubach dated March 16, 1993. (Pulled by Coun- cilmember Essertier 3/23 for consideration with sign ordinance.) --- City Council Minutes 04-27-93 Page 8136 Planning Director Schubach presented the staff report and responded to Council questions. City Attorney Vose responded to Council questions and said that an exemption needs. definition; if it is the Council's desire to have an exemption for historic signs it would be best to adopt a provision defining what an historic sign is and allowing for an exemption process. Proposed Action: To receive and file. Motion Essertier, second Midstokke. The second was withdrawn and the motion was withdrawn by the maker. Proposed Action: To bring back a Resolution of intent regarding historic signs that itemizes and lists those signs that are considered historic. Motion Essertier. The motion was withdrawn due to City Attorney Vose's opinion that a list could be considered discriminatory. Action: To send this item to the Planning Commission with direction to draft a proposed historic sign section to be added to the Sign Ordinance, that will set forth objective criteria upon which a finding may be found that the sign is of historic value, and this finding may be made by the Planning Commission subject to ordinary review by the City Council. Motion Edgerton, second Mayor Wiemans. The motion car- ried unanimously. 1(f) Recommendation to approve pedestrian control at Eighth Street crossing of Greenbelt. Memorandum from Public Works Director Charles McDonald dated April 2, 1993. (Pulled by Councilmember Essertier 4/13.) With sup- plemental letter from Michael Schwart, 632 8th Street, dated April 26, 1993. Public Works Director McDonald presented the. staff re- port and responded to Council questions. City Manager Ferrin also responded to Council questions. Coming forward to address the Council was: Wilma Burt - 1152 Seventh Street, spoke of viewing near accidents at the intersection; said this is a safety factor and the design is a sensible one. Action: To receive and file the recommendation. Motion Essertier, second Benz. the motion carried, noting the dissenting vote of Midstokke. 1(h) Recommendation to receive and file report on noise or- dinance and enforcement. Memorandum from Acting Police Chief Val Straser dated April 5,-1993. (Pulled by Coun- cilmember Essertier 4/13.) City Council Minutes 04-27-93 Page 8137 Acting Police Chief Straser responded to Council questions. Action: To approve the staff recommendation to receive and file the report regarding the enforcement of the Noise Ordinance, with the understanding that clarifica- tion will come back to the Council. Motion Essertier, second Edgerton. The motion carried, noting the dissenting vote of Benz. * Public Comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 9:33 P.M. The meeting reconvened at 9:49 P.M. 4. WRITTEN COMMUNICATIONS. (a) Letter from Chris Howell, 2966 La Carlita P1., dated March 23, 1993 regarding Strand safety issues; with memorandum from Parks and Recreation Commissioners dated April 19, 1993. City Manager Ferrin responded to Council questions. Coming forward to address the Council on this item was: Chris Howell - 2966 La Carlita, spoke to his letter; suggested that two areas of the Strand be be designated as pedestrian zones, a one- half mile area between 26th Street and 35th Street, and the Pierhead. Action: To refer this letter to a staff sub -committee suggested by the City Manager consisting of Community Resources Director Rooney, Public Works Director McDonald, and Acting Police Chief Straser for study and recommendation and to include general Strand enforcement (such as enforcing the speed limit) to be implemented after the new construction is completed. Motion Midstokke, second Mayor Wiemans. The motion car- ried, noting the dissenting votes of Essertier and Benz. (b) Letter from Thomas P. Allen III, dated April 16, 1993 regarding Ordinance No. 93-1084 allowing vehicle parking on public street right-of-way along the walk streets on the west side of Beach Drive; with memorandum from City Manager Frederick R. Ferrin dated April 22, 1993. City Manager Ferrin responded to Council questions. Coming forward to address the Council on this item were: Thomas Allen - 1602 The Strand, asked that newly adopted Ordinance no. 93-1084 be fine tuned in four areas: City Council Minutes 04-27-93 Page 8138 1) substantial compliance; it would be unrea- sonable to ask an owner to move an existing wall a few feet; and would spare many appeals; 2) simplify the process; allow departmental approval of substantial compliance and not force owners to spend thousands of dollars on plans and Planning Commission hearings; 3) restore the language of "no abandonment of rights" for the property owners; and 4) delete the mandatory two car limit (if there is room to park more); Shirley Cassell - 611 Monterey Blvd., said Mr. Allen's use of his legal letterhead was a form of intimidation; said the cost of additional parking for more than two cars should be sub- stantially higher; Wilma Burt - 1252 Seventh Street, said it was not fair that Strand owners should pay the same amount for parking permits for guaranteed spaces that others pay just to try to find a parking space; June Williams - 2065 Manhattan Avenue, questioned if there was a deed to the City for this prop- erty that any citizen could review; (City At- torney Vose said that the City had a dedication to the property but it was not transferred in fee); and, Missy Sheldon - 1800 The Strand, suggested that minor changes to the Ordinance could make com- pliance easier and simplify the process for both the City and the property owners; urged an open enrollment rather than a 60 day deadline as some property might be in the process of a sale or transfer; questioned why the number of cars parked in an area made a difference as long as there was compliance in other areas. Action: To send this item to the Planning Commission for a public hearing and its recommendation on changing Ordinance No. 93-1084. Motion Midstokke, second Mayor Wiemans. The motion car- ried, noting the dissenting votes of Benz and Essertier. (c) Letter from Jan Nathan, 24 - 21st Street, dated April 21, 1993 regarding removal of two parking spaces on Her- mosa Avenue at 21st Street; with memorandum of explana- tion from Planning Director Michael Schubach dated April 22, 1993, with interim Ordinance for adoption. Planning Director Schubach presented the staff report and responded to Council questions; said the curb cuts would result in the loss of one parking space, not two. Coming forward to address the Council on this item were: June Williams - 2065 Manhattan Avenue, concerned City Council Minutes 04-27-93 Page 8139 with the loss of parking in the impacted area; asked that a moratorium be considered; Shirley Cassell - 611 Monterey Blvd., said she thought the letter was out of line as the prop- erty owner was replacing the parking space on his own property; said the proposed building was legal and the moratorium could cause more lawsuits against the City; Wilma Burt - 1252 Seventh Street, said the legality of the moratorium was questionable as the pro- posed Ordinance had not been noticed and had not been given a public hearing; Jerry Compton - came forward to the podium but did not speak, was told there would be no further public participation. Action: To receive and file the letter. Motion Benz, second Mayor Wiemans. The motion carried unanimously. Coming forward at this time to address the Council on this item was: Elizabeth Srour - 820 Manhattan Avenue, Manhattan Beach, representing the property owner, re- quested Council to direct that a written response be sent by staff to the Coastal Com- mission. (Ms. Srour was told that she could request the letter from staff tomorrow morning.) PUBLIC HEARINGS 5. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT, 24-HOUR OPERATION, TAKE-OUT WINDOW SER- VICE ON STRAND, AND TANDEM PARKING FOR MOTORCYCLES FOR PROPERTY LOCATED AT 1100 STRAND (SCOTTY'S RESTAURANT). Memorandum from Planning Director Michael Schubach dated March 16, 1993. (Continued from 3/23 and 4/13 meetings.) Planning Director Schubach presented the staff report and responded to Council questions. The public hearing was opened at 8:20 P.M. Coming forward to address the Council on this item were: Peter Manqurian - 1000 The Strand, appellant, said he had nothing to add to his comments from pre- vious meetings; Shirley Cassell - 611 Monterey Blvd., expressed concerns regarding 24-hour operation and the open take-out window; felt Mr. Mangurian was entitled to have alcohol and entertainment the same as others in the area; June Williams - 2065 Manhattan Avenue, questioned City Council Minutes 04-27-93 Page 8140 if a CUP was needed for a restaurant (was told it was not if only food was sold); said that the 24-hour operation would not allow alcohol sales after 2:00 A.M. by state law; objected to another bar in the downtown area; Wilma Burt - 1252 Seventh Street, said there were 115 bars in the City of Hermosa Beach; felt Mr. Mangurian had as much right as the others to operate; Patricia Spiritus - 115 Longfellow, said that area of the Strand is a dead zone at night and a bit frightening; felt that some light and activity would make it safer; felt it is important that there be food available downtown after 2:00 A.M.; and, John Bowler - President, Hermosa Beach Restaurant and Tavern Owner's Association, said the main issue is the quality of the management, not the alcohol or the entertainment, but a record of quality management; he felt Mr. Mangurian would provide quality management. The public hearing closed at 8:30 P.M. Action: To overturn the Planning Commission denial, grant the appeal, approve the Conditional Use Permit (CUP) and adopt Resolution No. 93-5605, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE A CONDITIONAL USE PERMIT AND PARKING PLAN, AS AMENDED, TO ALLOW ON -SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT, AND 24-HOUR OPERATION IN CONJUNCTION WITH AN EXISTING RESTAURANT AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND AS LOTS 1-4 INCLUSIVE, BLOCK 12, Edgerton. The motion carried., votes of Essertier and Midstokke. AND LEGALLY DESCRIBED HERMOSA BEACH TRACT." Motion Benz, second noting the dissenting (At 8:37 the order of the agenda was returned to item no. 3.) MUNICIPAL MATTERS 6. HERMOSA BEACH SCHOOL DISTRICT PLAN TO RE -OPEN HERMOSA VIEW SCHOOL. Memorandum from Assistant City Manager Mary Rooney and Public Works Director Charles McDonald dated April 19, 1993. Action: To approve the staff recommendation to: 1) approve an appropriation of $10,000 from Gas Tax Fund to be used to replace the flashing signal lo- cated on Prospect at the entrance to the school; and 2) direct the Acting Chief of Police to study and make assessments to provide any additional crossing guards as necessary. City Council Minutes 04-27-93 Page 8141 Motion Midstokke, second Benz. The motion carried unanimously. 7. REQUEST FOR PROPOSALS FOR PARKING ENFORCEMENT SERVICES CONTRACT. Memorandum from City Manager Frederick R. Ferrin dated April 22, 1993. Action: To approve the staff recommendation to approve the Request for Proposals for Parking Enforcement and Animal control services in order to provide staff and Council with a framework for evaluating the costs and benefits associated with privatization of these func- tions, with the request to include details on finances. Motion Midstokke, second Benz. The motion carried, noting the dissenting vote of Mayor Wiemans. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Ferrin reported that he had received a request from the United States Postal Service and the Association of Letter Carriers to announce that they would be conducting a food drive on Saturday, May 15, 1993 and would pick up any donation of non-perishable food left near mailboxes and distribute the food to groups that feed or supply food to the homeless. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Recommendations to implement new computer system. Memo- randum from Data Processing Subcommittee: Essertier and Benz. (Continued from 4/13 meeting.) Councilmember Benz discussed the recommendation. Action: To approve the sub -committee report to: 1) approve up to $2,000 to be expended from the $200.000 budgeted to solve some of the immediate needs of the pilot program (i.e., expanding memory capacity and adding hard disk drives) system; 2) approve up to $5,000 to be spent as soon as pos- sible on the purchase of personal computers for satellite offices (i.e., the Community Center) to eliminate the monthly maintenance and service charges the City is currently paying to connect these areas to the Hewlett Packard (HP) 3000 (cur- rently done by modem); 3) provide a plan to purchase stand alone computers for City Hall that can be networked in the future once the master plan is complete (see below); 4) make software selections in the critical areas that would enable the City to eliminate the use of the HP3000: Finance, Citations processing, Geobase, Business License and Payroll; 5) restructure the City's Data Processing division to City Council Minutes 04-27-93 Page 8142 include one new position (abolishing the two exist- ing positions) that would be defined as a skilled data processing technician/programmer; and, 6) assign the employee in the new position to design and implement the new system as well as to plan for ongoing maintenance and improvements. Motion Midstokke, second Benz. The motion carried unanimously. Councilmember Midstokke announced that Public Works Superinten- dent Vern Highfield was in Torrance Memorial Hospital and ex- pressed the wishes of the City for his speedy recovery. (Councilmember Essertier left the meeting at 10:57 P.M.) 10. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: (a) Request by Councilmember Edgerton to disband VPD Commis- sion and create Downtown Enhancement Board pursuant to proposed ordinance by Commissioner Newton to implement R/UDAT goals. Councilmember Edgerton asked if there were members of the public who wished to speak on this item. Coming forward to address the Council on this item was: Jerry Newton - Board of Parking Place Commissioner, gave a brief history of the Vehicle Parking District; said there was approximately $300,000 accumulated in district funds that could only be used for parking uses, such as the purchase of additional parking spaces; said under the proposed Ordinance the new Commission would have the same duties regarding regulatory and policy control, but the revenue oversight would go to the Council with Commission advise; asked that the net profit from the parking lots be reinvested in the downtown area. (b) Action: To schedule the item for an informal public hearing through a legal advertisement in the newspaper and to issue an invitation to the Vehicle Parking Dis- trict members. Motion Midstokke, second Wiemans. So ordered, noting the absence of Essertier. Request by Councilmember Benz to direct staff todevelop plan to encourage business in the central downtown area. Councilmember Benz discussed his request; suggested that a staff member be assigned to each prospective new busi- ness person to guide them through the City Hall process City Council Minutes 04-27-93 Page 8143 r' • A and that the staff member be graded on his or her per- formance and effectiveness. There was general discussion regarding a letter to the Coastal Commission requesting its assistance in facilitating business establishments in the City. Action: No action was taken on this item. CITIZEN COMMENTS Coming forward to address the Council at this time were: Shirley Cassell - 611 Monterey Blvd., said that Parker Herriott had gathered over 70 signatures on his informal petition to reinstate Public Safety Director Wisniewski; and questioned what was happening regarding removing the red curb marking between parking spaces; and, June Williams - 2065 Manhattan Avenue, requested a clarification of the public's right to speak under the Brown Act. City Manager Ferrin said that a complete report on extra available parking would be coming before the Council at the May 25, 1993 meeting. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, April 27, 1993, at the hour of 11:25 P.M. to the Regular Meeting of Tues- day, May 11, 1993, at the hour of 7:30 P.M. Depu y City Clerk City Council Minutes 04-27-93 Page 8144 FINANCE-9FA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION • ROGER E. *BACON REIMS SIGNAL EXP/PCH CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND * ACCOUNT NUMBER TRN * AMOUNT DATE INVC PROJ * ACCOUNT DESCRIPTION PAGE 0001 DATE 09/03/9: INV/REF PO N CHK N AMOUNT UNENC DATE EXP 05052 115-400-8179-4201 00008 $1,090.00 04/27/93 CIP 90-179 /CONTRACT SERVICE/PRIVAT O *** VENDOR TOTAL **************************** ************************************** H PUB EMPLOYEES RETIREMENT SYS. RETIREMENT/MARCH 93 1H H PUB EMPLOYEES RETIREMENT SYS. RETIREMENT/MARCH 93 00026 001-400-1213-4190 00677 04/22/93 RETIREMENT 00026 001-400-1213-4180 00678 04/22/93 RETIREMENT PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 H PUB EMPLOYEES RETIREMENT SYS. 'RETIREMENT/MARCH 93 H H H H H H ,H H H • 04/22/93 105-400-2601-4180 00204 STREET LIGHTING 00026 109-400-3301-4180 00072 04/22/93 VEH PKG DIST PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 04/22/93 PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 04/22/93 PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 04/22/93 PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 PUB EMPLOYEES RETIREMENT RETIREMENT/MARCH 93 04/22/93 110-400-1204-4190 00009 FINANCE CASHIER 110-400-3302-4180 00213 PARKING ENF 113-400-8141-4180 00018 ST REHABILITATN/ 113-400-8144-4180 00018 STRAND WALL SYS. 00026 115-400-8178-4180 00018 04/22/93 CTR MONUMENTS PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 04/22/93 PUB EMPLOYEES RETIREMENT SYS. 00026 RETIREMENT/MARCH 93 PUB EMPLOYEES RETIREMENT RETIREMENT/MARCH 93 PUB EMPLOYEES RETIREMENT RETIREMENT/MARCH 93 • 04/22/93 SYS. 00026 04/22/93 SYS. 00026 04/22/93 125-400-8513-4180 00017 RODAWAY PARK 155-400-2102-4180 00177 CROSSING GUARD 160-400-3102-4180 00203 SEWER/ST DRAIN 160-400-8408-4180 00017 SEWER IMPROVEMN $1,050.00 $90,571.63 /RETIREMENT $93, 906. 82CR /RETIREMENT $1, 170. 36 /RETIREMENT •134.01 /RETIREMENT $1,687.60 /RETIREMENT $3,228.76 /RETIREMENT 069.93 RETIREMENT $90.40 /RETIREMENT . $265.62 /RETIREMENT $67.55 /RETIREMENT $92.35 /RETIREMENT $1,016.78 /RETIREMENT $69.93 /RETIREMENT 06909 43724 40.00 04/29/93 $0.00 $0.00 43724 04/29/93 43724 04/29/93 00000 43724 $0.00 04/29/93 $0. 00 so. 00 $0. 00 $0. 00 $0. 00 SO. 00 $0. 00 $0. 00 $0. 00 $0 00 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 43724 04/29/93 lb FINANCE-SFA340 TIME 16.21:49 PAY VENDOR NAME DESCRIPTION N PVB EMPLOYEES RETIREMENT SYS. RETIREMENT/MARCH 93 H PVA EMPLOYEES RETIREMENT SYS. RETIREMENT/MARCH 93 H PUB EMPLOYEES RETIREMENT SYS. RETIREMENT/MARCH 93 *4 VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND Q ACCOUNT NUMBER - TRN 0 AMOUNT DATE INVC PROJ A ACCOUNT DECCRIPTION 00026 170-400-2103-4180 00075 04/22/93 00026 705-400-1209-4180 00127 04/22/93 LIABILITY INS 00026 705-400-1217-4180 00129 04/22/93 WORKERS COMP SPEC INVESTOTNS *w* PAY CODE TOTAL *** R ADVANCED ELECTRONICS RADIO REPAIR/PARKING *** VENDOR TOTAL 00935 110-400-3302-4307 00082 63441 03/29/93 PARKING ENF 45,667.99 /RETIREMENT 4259.01 /RETIREMENT *332.25 /RETIREMENT PAGE 000: DATE 05/03/9; INV/REF PO A CHK A AMOUNT VNENC DATE EXP *10,817.35 *11, 867.39 41,23875 /RADIO MAINTENANCE R AETCO INC. 05092 001-400-2101-5401 00084 RIOT HELMETS/POLICE 31834 04/06/93 POLICE *0* VENDOR TOTAL *1,238.79 *0. 00 *0. 00 40. 00 43724 04/29/9: 43724 04/29/9: 43724 04/29/9: 63441 03491 43826 *0.00 04/29/9; 44,051.77 31834 06162 43827 /EQUIP -LESS THAN *500 *4,891.77 04/29/9: R ASSOC OF ADA COORDINATORS DUES/BLACKWOOD ASSOC OF ADA COORDINATORS REGISTRATION/BLACKWOOD *** VENDOR TOTAL 05144 04/22/93 05144 04/22/93 705-400-1217-4315 00006 WORKERS COMP 705-400-1217-4316 00037 WORKERS COMP 44,851.77 *25.00 /MEMBERSHIP • 479.00 /TRAINING .R DAVE*BANG ASSOCIATES, INC. PLAYGROUND EQUIPMENT 2605 00* VENDOR TOTAL 05029 125-400-8506-5402 00009 04/05/93 CIP 86-506 *100. 00 05568 43828 40.00 04/29/9: 05568 43828 40.00 04/29/9 *490.29 2605 06091 43829 /EQUIPMENT -MORE THAN *90 *490.29 04/29/93 R BANK OF AMERICA, NT * SA SAFEKEEPING FEE/MAR 93 • *450.25 04677 001-400-1141-4201 00161 *250.00 04/26/93 CITY TREASURER /CONTRACT SERVICE/PRIVAT 06707 43830 *0.00 04/29/93 i • • . FINANCE-9FA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION *** VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND 0 ACCOUNT NUMBER TRN * AMOUNT DATE INVC PROJ * ACCOUNT DESCRIPTION PAGE 000; DATE 05/03/9; INV/REF PO * CHK 0 AMOUNT UNFNC DATE EXP •250. 00 w R BEACH CIT/E8 CHORALE 05149 001-210-0000-2110 03299 *500.00 DAMAGE DEPOSIT REFUND 04/27/93 /DEPOSITS/WORK GUARANTEE 0. *** VENDOR TOTAL**+►***************************************************************** *500.00 • • • *** *w* BEACH TRAVEL AIRFARE/R.FERRIN VENDOR TOTAL 00292 001-400-1201-4316 00092 *271.00 23454 04/20/93 420001 CITY MANAGER /TRAINING R 'CONTRACT ASSOCIATES CONTRACT PMT./APRIL 93 VENDOR TOTAL *271. 00 04443 001-400-11.21-4201 00080 *3,333.00 13 04/30/93 CITY CLERK /CONTRACT SERVICE/PRIVAT R BRYCO ROUND MICROPHONES/COUNCIL 8OUN *** VENDOR TOTAL *3, 333. 00 02032 001-400-1101-5401 00017 *238.04 04/20/93 CITY COUNCIL /EQUIP -LESS THAN *500 R BSI CONSULTANTS, INC. PLAN CK/1702 BAVVIEW R BSI CONSULTANTS, INC. PLAN CK/41 21ST ST. R BSI CONSULTANTS, INC. PLAN CK/1220 OCEAN **t / VENDOR TOTAL 00630 001-400-4201-4201 00851 5059 04/01/93 BUILDING 00630 001-400-4201-4201 00852 5058 04/01/93 BUILDING 00630 001-400-4201-4201 00853 5058 04/01/93 BUILDING *238. 04 *390.78 /CONTRACT SERV *681. 98 /CONTRACT SERV 0530.92 /CONTRACT SERV R THE*CALIF PARK 1. REC. SOCIETY PUBLICATIONS/COMM RES *** VENDOR TOTAL ICE/PRIVAT ICE/PRIVAT ICE/PRIVAT *1,603.68 00602 001-400-4601-4305 01144 *25.95 04/21/93 COMM RESOURCES /OFFICE OPER SUPPLIES R CALIFORNIA BUILDING OFFICIALS 00411 001-400-4201-4315 00125 ANNUAL DUES/BILL GROVE 04/13/93 BUILDING *25. 95 0150.00 /MEMBERSHIP 06709 43831 10.00 04/29/9: 23454 02185 43832 00.00 04/29/9: 13 00073 43833 10.00 04/29/9: 02182 43834 *238.04 04/29/9: 5058 04283 43835 *390. 78 04/29/93 5058 04292 43935 *691.98 04/29/92 5058 04278 43835 *530. 92 04/29/93 06627 43936 10.00 04/29/93 04285 43837 *0.00 04/29/93 • • FINANCE-SFA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND 0, ACCOUNT NUMBER ' TRN 0 AMOUNT DATE INVC PROJ N ACCOUNT DE8CR1PTLON • we* VENDOR TOTAL ww**wwww*w**w******wwwwwwwwwwww***ww*wwwe*****w*ww*w***www*w*w+►**www • • • • • • • • • p r • CALIFORNIA WATER SERVICE WATER BILLINGS/APRIL 93 CALIFORNIA WATER SERVICE WATER BILLINGS/APRIL 93 CALIFORNIA WATER SERVICE WATER BILLINQ8/APRIL 93 00016 001-400-3101-4303 00270 04/30/93 MEDIANS 00016 04/30/93 001-400-4204-4303 00664 BLDG MA/NT 00016 001-400-6101-4303 00507 04/30/93 PARKS PAGE 000, DATE 05/03/9: INV/REF PO * CHK B AMOUNT UNENC DATE EXP *150.00 *462.40 /UTILITIES 0338.18 /UTILITIES $1,268.17 /UTILITIES www VENDOR TOTAL *w**www******w******w**w************w********w*www****w**w*www***www $2.068.75 R CANYON CITY PRINTING eMECKS/LIAR ACCT • ow* VENDOR TOTAL *w* 0114 R JEANNE*CARU80 TUITION REIMS/SPR 93 VENDOR TOTAL 05147 705-400-1217-4201 00166 *209.97 04/22/93 WORKERS COMP /CONTRACT SERVICE/PRIVAT 0269.97 03293 001-400-2101-4316 01013 *219.31 04/21/93 POLICE /TRAINING R CENTINELA 80. BAY VISA MAR EXP/FERRIN R CENTINFLA 90 BAY VI9A MAR EXP/BLACKWOOD VENDOR TOTAL • $219.31 03353 001-400-1201-4305 00251 •8.00 04/26/93 CITY MANAGER /OFFICE OPER SUPPLIES 03353 001-400-1203-4201 01022 048.54 04/22/93 PERSONNEL /CONTRACT SERVICE/PRIVAT 0 CENTRAL ROOFING COMPANY RE -ROOF CLARK BLDG. 1252 we* VENDOR TOTAL 056.54 05095 125-400-8520-4201 00012 $8,567.00 04/20/93 89-520 /CONTRACT SERVICE/PRIVAT R CHAMPION CHEVROLET MISC. CHARGES/APRIL 93 $e, 567. 00 00411 43838 40.00 04/29/9: 00411 43838 $0.00 04/29/9: 00411 43839 $0.00 04/29/9: 05570 43839 $0.00 04/29/9: 06189 43840 $0.00 04/29/9: 02184 43841 $0.00 04/29/9; 05569 43841 $0.00 04/29/9: 1252 06089 43842 $9,450.00 04/29/9: 00014 001-400-2101-4305 01972 0262.58 00413 43843 04/30/93 POLICE /OFFICE OPER SUPPLIES $0.00; 04/29/9: • • • • • • • • • 0 r' FINANCE-SFA340 • TIME 16:21:49 PAY VENDOR NAME DESCRIPTION R CHAMPION CHEVROLET MISC.CHARQE9/APRIL 93 CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND N ACCOUNT NUMBER TRN N AMOUNT DATE INVC PROJ N ACCOUNT DESCRIPTION PAGE ' 000! DATE 05/03/9: INV/REF PO N CHK AMOUNT UNENC DATE EXP 00014 110-400-3302-4305 00979 •53.26 04/31/93 PARKING ENF /OFFICE OPER SUPPLIES *0* VENDOR TOTAL *w***w*w***w****ww****w****w*w*www***wAw*ww****w***w*w*****w**w**w*w R CITY OF PARAMOUNT IN TRUST FOR ANNUAL DUES/BLACKWOOD 05143 705-400-1209-4315 00041 04/22/93 LIABILITY INS $315.84 *600. 00 /MEMBERSHIP w*I► VENDOR TOTAL**w*ww***#www************#***********ww*ww**w*****w**ww*ww**w***www* R COLEN AND LEE CONTRACT PMT/MAY 93 $600.00 04715 705-400-1209-4201 00369 $1,470.00 .04/30/93 LIABILITY INS /CONTRACT SERVICE/PRIVAT *** VENDOR TOTAL w**********************#******************************************** R CONNECTINO POINT LEASINO COMP. RENTAL/APRIL 93 21522 R CONNECTINO POINT LEASING COMP. RENTAL/APRIL 93 21522 R CONNECTINO POINT LEAS/NO COMP. RENTAL/APRIL 93 21522 R CONNECTINO POINT LEASING CORP. RENTAL/APRIL 93 21522 $1,470.00 03617 001-400-2101-4201 01251 *489.57 04/30/93 POLICE /CONTRACT SERV 03617 001-400-2201-4201 00382 $159.40 04/30/93 FIRE /CONTRACT SERV 03617 001-400-2701-4201 00075 $330.18 04/30/93 CIVIL DEFENSE /CONTRACT SERV 03617 170-400-2103-4201 00156 *159.39 04/30/93 SPEC INVEBTQTNS /CONTRACT SERV w*w VENDOR TOTAL ******************************** R COOPERATIVE PERSONNEL SERVICES ICE/PRIVAT 3921522 00051 43846 ICE/PRIVAT $0.00 04/29/92 3921522 00051 43846 ICE/PRIVAT $0.00 04/29/92 3921522 00091 43846 ICE/PRIVAT $0.00 04/29/92 00413 43843 *0.00 04/29/9; 05967 43844 *0.00 04/29/9: 00042 43845 $0.00 04/29/9; 3921522 00051 43846 $0.00 04/29/92 $1, 138. 54 03674 001-400-1203-4201 01023 $900.00 COMM SERV OFCR EXAM SUPP 18690 04/05/93 PERSONNEL /CONTRACT SERVICE/PRIVAT ***.VENDOR TOTAL***w*****#*4*##**4*#****##*****4*#***4*#***********************4***# $900.00 R THE *COPY SHOP METER WORK ORDERS 00022 110-400-3302-4305 00980 03/22/93 PARKING ENF /OFFICE OPER SUPPLIES $194.85 w*# VENDOR TOTAL *******4***#*****#***4#*** 11.4*4*4 R DAPPER TIRE CO. MISC.CHAROES/APRIL 93 • 01390 001-400-2101-431.1 '04/30/93 POLICE *194. 85 01619 $232.56 /AUTO MAINTENANCE 19690 09560 43847 $900.00 04/29/92 0348A 43848 *194.89 04/29/92 00419 43849 *0.00 04/29/93 FINANCE-SFA340 TIME 16:21:49 PAY VENDOR NAME 1 DESCRIPTION w • . . . • . . • DAPPER TIRE CO. MISC.CHARGE9/APRIL 93 CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND 0 ACCOUNT NUMBER TRN 0 AMOUNT DATE INVC PROJ 0 ACCOUNT DEStR1PT10N 01390 04/30/93 001-400-3104-4311 00125 *298. 34 TRAFFIC SAFETY /AUTO MAINTENANCE iv** VENDOR TOTAL****************wwwww***ww**********ww*ww**w***w**www**wwwww******** R DATA SAFE DATA PROC.SERV/APRIL 93 72257 owe VENDOR TOTAL R DEL AMO KAWASAKI PAGE 0006 DATE 05/03/93 INV/REF PO * CHK 0 AMOUNT UNENC DATE EXP $530.90 00196 001-400-1206-4201 01115 $184. 50 04/30/93 DATA PROCESSING /CONTRACT SERVICE/PRIVAT 09138 001-400-2101-4309 00607 .04/30/93 POLICE $194.50 *69. 13 MISC. CHARGES/APRIL 93 /MAINTENANCE MATERIALS w** VENDOR TOTALwww*wwwwwwwwwwwww*www*ww***me** *wwwwww*ww*wwww**ww*www*ww*wwwwwwww *69.13 t R DEPARTMENT OF CONSERVATION SEISMIC FEES/JAN-MAR 93 *** VENDOR TOTAL 000 00049 001-300-0000-3204 04/19/93 02963 $183.17 /BUILDING PERMITS DIVERSIFIED PHOTO SUPPLY MISC. CHCS. /MAR. &APRIL 93 DIVERSIFIED PHOTO SUPPLY MISC. CHOS. /MAR % APRIL93 VENDOR TOTAL 04394 001-400-2101-4306 01355 04/30/93 POLICE $183.17 *144. 14 /PRISONER MAINTENANCE 04394 115-400-8144-4305 00001 *66.09 04/30/93 STRAND WALL /OFFICE OPER SUPPLIES FARTMAN KODAK COMPANY MAINT/MARCH 93 .A EASTMAN KODAK COMPANY METER USE/FEB. 93 *** VENDOR TOTAL 02840 001-400-1209-4201 00987 04/30/93 OEN APPROP 02840 001-400-1208-4201 00988 49282 04/30/93 GEN APPROP $210. 23 *298. 00 /CONTRACT SERVICE/PRIVAT 00419 43849 •0.00 04/29/93 72257 00015 43890 $0.00 04/29/93 $226.06 6M45282 /CONTRACT SERVICE/PRIVAT **www****www*w***wwwww******w********w*w******************w* R ELGIN SWEEPER COMPANY LEASE PMT/MAY 93 *524. 06 00486 43851 $0.00 04/29/93 04286 43852 *0.00 04/29/93 00422 43853 $0 00 04/29/93 00422 43893 $0.00 04/29/93 00425 __ 43854 $0.00 04/29/93 00425 43854 $0.00 04/29/93 02354 001-400-3103-6900 00132 $1,736.78 5168 00043 - 43855 5168 04/30/93 9T MAINTENANCE /LEASE PAYMENTS *0.00 04/29/93 sr ,FINANCE-9FA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION *** VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND 0, ACCOUNT NUMBER TRN * AMOUNT DATE INVC PROJ * ACCOUNT DESCRIPTION R ELY & SONS HEATING 04489 001-300-0000-3206 REFUND BLDG PERMIT 04/26/93 PAGE 0007 DATE 05/03/93 INV/REF PO * CHK AMOUNT UNENC DATE EXP *1, 736. 78 02608 • 419.00 /PLUMBING PERMITS •** VENDOR TOTAL******************************************************************** IR CHERYL*FALCON MEALS/POST TRAINING *** VENDOR TOTAL *19. 00 02453 001-400-2101-4312 02113 424.00 04/28/93 POLICE /TRAVEL EXPENSE , POST R ,.CHRISTINE*FARROW SPRING CLASS REFUND *** VENDOR TOTAL *24. 00 09097 001-300-0000-3893 01573 440.00 03/24/93 /CONTR RECREATION CLASSES R CHRISTOPHER*FULLER SPRING CLASS REFUND *** VENDOR TOTAL R MARTHA*GRAHAM SPRING CLASS REFUND *40. 00 05098 001-300-0000-3893 01974 $92.00 03/25/93 /CONTR RECREATION CLASSES ******************************************************** 09142 001-300-0000-3893 04/15/93 *52. 00 01575 $40.00 /CONTR RECREATION CLASSES *** VENDOR TOTAL****************************•***********4444************************ R OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MAR&APR93 •R OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MAR,APR93 R OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MARLAPR93 R OTE CALIFORNIA, INCORPORATED TELEPHONE CHOR/MARkAPR93 00015 04/30/93 00015 04/30/93 001-400-1101-4304 00549 CITY COUNCIL 001-400-1121-4304 00621 CITY CLERK 00015 001-400-1131-4304 00459 04/30/93 CITY ATTORNEY 00015 04/30/.93 001-400-1141-4304 00642 CITY TREASURER *40. 00 43.39 /TELEPHONE 412. 44 /TELEPHONE *2. 66 /TELEPHONE *6.07 /TELEPHONE 04299 43896 40.00 04/29/93 05948 43997 $0.00 04/29/93 06378 43898 I $0.00 04/29/93' 06379 43999 $0.00 04/29/93• • -06621 43860 *0.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 $0.00 04/29/93 00430 43862 *0.00 04/29/93 00430 43862 40.00 04/29/93 FINANCE-9FA340 TIME 16:21:49 PAY VENDOR NAME 068CR1PT1ON R 10 R R R R R .R R R • OTE CALIFORNIA. INCORPORATED TELEPHONE CH09/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHAS/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHOS/MAR&APR93 CTE CALIFORNIA, INCORPORATED TELEPHONE CHG9/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MAR&APR93 OTE CALIFORNIA. INCORPORATED TELEPHONE CHAS/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHG9/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CH09/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CH0S/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHG9/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHAS/MAR&APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MAR&APR93 GTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MARI„APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MARA.APR93 OTE CALIFORNIA, INCORPORATED TELEPHONE CHG9/MAR&APR93 CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND 0 ACCOUNT NUMBER TRN 0 AMOUNT DATE INVC PROJ N ACCOUNT DE8eRIPT1ON PAGE 0008 DATE 05/03/93 INV/REF PO * CHK 8 AMOUNT UNENC DATE EXP 00015 001-400-1201-4304 00694 *6.63 04/30/93 CITY MANAGER /TELEPHONE 00015 001-400-1202-4304 00694 *32.44 04/30/93 FINANCE ADMIN /TELEPHONE, 00015 001-400-1203-4304 00704 *50.49 04/30/93 PERSONNEL /TELEPHONE 00015 001-400-1206-4304 00622 *63.28 04/30/93 DATA PROCESSING /TELEPHONE 00015 001-400-1207-4304 00495 48.11 04/30/93 BUS LICENSE /TELEPHONE 00015 001-400-1208-4304 00291 *3.17 04/30/93 AEN APPROP /TELEPHONE 00015 001-400-2101-4304 01213 *528.21 04/30/93 POLICE /TELEPHONE 00015 001-400-2201-4304 00533 *74.48 04/30/93 FIRE /TELEPHONE 00015 001-400-4101-4304 00697 *66.83 04/30/93 PLANNING /TELEPHONE 00015 001-400-4201-4304 00625 46.74 04/30/93 BUILDINO /TELEPHONE 00015 001-400-4201-4304 00626 *83.37 04/30/93 BUILDING /TELEPHONE 00015 001-400-4202-4304 00758 *220.16 04/30/93 PUB WKS ADMIN /TELEPHONE 00015 001-400-4204-4321 00718 438.05 04/30/93 BLDG MAINT /BUILDING SAFETY/9ECURIT 00015 001-400-4601-4304 00805 04/30/93 482. 69 COMM RESOURCES /TELEPHONE 00015 001-400-6101-4304 00495 42.66 04/30/93 PARKS /TELEPHONE 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 $0.00 04/29/93 00430 43862 $0.00 04/29/93 00430 43862 $0.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 $0.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00430 43862 40.00 04/29/93 00410 43962 40.00 04/29/93 ,FINANCE-SFA340 TIME 16:21:49 PAY *** VENDOR NAME DESCRIPTION R GTE CALIFORNIA, INCORPORATED TELEPHONE CHCS/MAR&APR93 OTE CALIFORNIA. INCORPORATED TELEPHONE CH09/MAR&APR93 VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND * ACCOUNT NUMBER TRN * AMOUNT DATE INVC PROJ * ACCOUNT DESCRIPTION 00015 04/30/93 00015 04/30/93 110-400-1204-4304 00023 FINANCE CASHIER 110-400-3302-4304 00717 PARKING ENF $72.54 /TELEPHONE *99.81 /TELEPHONE • QTEL MI9C.CHARGES/APRIL 93 *** VENDOR TOTAL 01340 001-400-2101-4304 04/30/93 POLICE PAGE 0009 DATE 09/03/93 INV/REF PO * CHK * AMOUNT UNENC DATE EXP $1,424.22 01212 *91.96 /TELEPHONE R HARBOR UCLA MEDICAL CENTER 1EXAM/ASSULT CASE *** VENDOR TOTAL *** 05140 001-400-2101-4201 04/13/93 POLICE *91.96 01293 $390.00 /CONTRACT SERVICE/PRIVAT R HERMOSA ANIMAL HOSPITAL MI9C.CHGS./APRIL 93 VENDOR TOTAL *390. 00 00322 001-400-2401-4201 00380 *249.00 04/30/93 ANIMAL CONTROL /CONTRACT SERVICE/PR.IVAT R HEWLETT-PACKARD COMPANY COMPUTER SERV/APR-JUNE93 97078 00149 04/30/93 *245. 00 00430 43862 *0. 00 04/29/93 00430 43862 *0.00 04/29/93 00433 43863 $0.00 04/29/93 06192 43864 $0.00 04/29/93 00435 43865 $0.00 04/29/93 001-400-1206-4201 01114 *1,969.79 8897078 X00032 43866 DATA PROCESSING /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 *** VENDOR TOTAL******************************************************************** R HOLIDAY INN HOTEL/W. MOORE ***,VENDOR TOTAL 05145 001-400-2101-4312 04/15/93 POLICE 02115 $1,965.79 $181.50 /TRAVEL EXPENSE , POST R CINDY*HUNT 05141 001-300-0000-3893 04/14/93 *181. 90 01976 *35.00 SPRING CLASS REFUND /CONTR RECREATION CLASSES. *** VENDOR TOTAL.******************************************************************** R INOLEWOOD WHOLESALE ELECTRIC 02458 001-202-0000-2021 00398 DISCOUNT OFFERED 04/30/93 $39. 00 $5.08 DISCOUNTS OFFERED 05946 43867 $0.00 04/29/93 06619 *0. 00 43868 04/29/93 00437 43869 $0.00 04/29/93 FINANCE-SFA340 TIME 16:2.1:49 PAY VENDOR NAME DESCRIPTION R' INGLEWOOD WHOLESALE ELECTRIC DISCOUNT TAKEN R INOLEWOOD WHOLESALE ELECTRIC MISC.CHARQE9/APRIL 93 R INOLEWOOD WHOLESALE ELECTRIC MISC.CHAROES/APRIL 93 **i, VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST PAOF 001( FOR 04/29/93 DATE 09/03/9. VND 0, ACCOUNT NUMBER TRN R AMOUNT INV/REF PO * CHK * DATE INVC PROJ N ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP 02458 001-202-0000-2022 00396 *5.08CR 04/30/93 /DISCOUNTS TAKEN 02498 001-400-4204-4309 02623 *143.09 04/30/93 BLDG MAINT /MAINTENANCE MATERIALS 02458 105-400-2601-4309 00899 *908.37 04/30/93 STREET LIOHTINO /MAINTENANCE MATERIALS KNOB HILL UPHOLSTERY RECOVER CM CHAIR 4163 0651.42 00437 43869 *0.00 04/29/93 00437 43869 $0.00 04/29/93 00437 43869 *0.00 04/29/93 04962 001-400-1201-4201 00170 *144.00 4163 02170 43970 04/19/93 CITY MANAGER /CONTRACT SERVICE/PRIVAT *110.00 04/29/93 •* VENDOR TOTAL******************************************************************** *144.00 R LIEBERT. CASSIDY >), FRIERSON EMPLOYEE TRNO/FY 94 02175 001-400-1203-4316 00234 *1,680.00 03/18/93 PERSONNEL /TRAINING •*• VENDOR TOTAL******************************************************************** *1,680.00 R MASTER K-9 MI9C.CHARGES/APRIL 93 *** VENDOR TOTAL 03120 001-400-2101-4201 04/30/93 POLICE 01250 *210. 00 /CONTRACT SERVICE/PRIVAT R MOBIL OIL CREDIT CORPORATION MI9C.CHAROE9/APRIL 93 *•* VENDOR TOTAL *210. 00 00388 001-400-2101-4301 00028 • *96.82 04/30/93 POLICE /DAMAGE SETTLEMENTS .R WALLACE*MOORS MEALS/P. O. 9. T. CLASS •0* VENDOR TOTAL 00516 001-400-2101-4312 04/15/93 POLICE 02112 *96. 82 $81.00 /TRAVEL EXPENSE , POST R NATIONAL REC >y PARK ASSOC. ANNUAL DUES/ROONEY *81.00 00880 001-400-4601-4315 00126 $210.00 04/09/93 COMM RESOURCES /MEMBERSHIP 05557 43871 *0.00 04/29/93 00483 43972 $0.00 04/29/93 00490 43873 *0.00 04/29/93 09949 43874 *0.00 04/29/93 06391 43879 *0.00 04/29/93 . FINANCE-BFA340 TIME 16:21:49 CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 PAGE 0011 DATE 05/03/92 PAY VENDOR NAME VND *, ACCOUNT NUMBER TRN * AMOUNT INV/REF PO * CHK * DESCRIPTION DATE INVC PROJ * ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP *** VENDOR TOTAL**************►***************************************************** a • * *** *210. 00 • NORBY (G BRODEUR 08146 001-300-0000-3818 08262 *180.00 09697 43876 WITNESS FEE REFUND 04/28/93 /POLICE SERVICES $0.00 04/29/92 VENDOR TOTAL * �R er PACIFIC BELL TELEPHONE COMP. HOOKUPS/APRIL 93 *0* VENDOR TOTAL 000 000 $180. 00 00321 001-400-2101-4304 01211 *148.23 00036 43977 04/30/93 POLICE /TELEPHONE $0.00 04/29/92 R SANDRA*PANATTONI OR CITATION PMT. REFVND VENDOR TOTAL *148. 23 08148 110-300-0000-3302 51212 •144.00 06414 43878 04/20/93 /COURT FINES/PARKINQ $0.00 04/29/93 *144. 00 R PEP BOYS 00608 001-400-2101-4311 01618 . *77.20 00456 43879 MISC.CHAROES/APRIL 93 04/30/93 POLICE /AUTO MAINTENANCE $0.00 04/29/93 VENDOR TOTAL *77. 20 R PERFORMINO TREE, INC. 00600 001-400-4601-4201 01760 $488.00 06625 43880 CHILDRENS THEATER EVENT 04/20/93 COMM RESOURCES /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 *** VENDOR TOTAL ******************************************************************** $455.00 R PHOENIX GROUP 02530 001-400-1206-4201 01113 *600.00 00075 43881 SOFTWARE MAINT/JAN-MAR93 04/30/93 DATA PROCESSINO /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 **!. VENDOR TOTAL •600. 00 R CHUCK*R00R10UEZ 04997 001-400-4601-4201 01761 *80.00 06629 43882 THEATRE TECH/4-17-93 04/26/93 COMM RESOURCES /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 *** VENDOR TOTAL R SHERIFF'S DEPARTMENT 00151 001-400-2101-4251 00484 BOOKING FEES/NOV. 92 50830 04/01/93 POLICE *80. 00 *114.66 50830 00035 43883 /CONTRACT SERVICE/GOVT $0.00 04/29/93 . FINANCE-8FA340 TIME 16.21:49 CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 PAGE 0011 DATE 05/03/93 PAY VENDOR NAME VND *, ACCOUNT NUMBER TRN * AMOUNT INV/REF PO * CHK N iNVC DATE PROJ N ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP *** VENDOR TOTAL******************************************************************** • • w p R NORBY 6 BRODEUR WITNESS FEE REFUND *** VENDOR TOTAL $210.00 05146 001-300-0000-3818 05262 *150.00 05697 43876 04/29/93 /POLICE SERVICES $0.00 04/29/93 PACIFIC BELL TELEPHONE COMP. HOOKUPS/APRIL 93 *** VENDOR TOTAL *** R SANDRA*PANATTONI OR CITATION PMT. REFUND VENDOR TOTAL 00321 001-400-2101-4304 04/30/93 POLICE $150.00 01211 *149.23 00036 .43977 /TELEPHONE $0.00 04/29/93 $148.23 05148 110-300-0000-3302 31212 $144.00 06414 43878 04/20/93 /COURT FINES/PARKING $0.00 04/29/93 R PEP BOYS MIOC.CHAROE9/APRIL 93 *** VENDOR TOTAL $144.00 00608 001-400-2101-4311 01618 *77.20 00456 43879 04/30/93 POLICE /AUTO MAINTENANCE $0.00 04/29/93 ******************************************************************** $77.20 R PERFORMING TREE, INC. 00600 001-400-4601-4201 01760 $455.00 06629 43880 CHILDRENS THEATER EVENT 04/20/93 COMM RESOURCES /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 *** VENDOR TOTAL******************************************************************** • $455.00 R PHOENIX GROUP SOFTWARE MAINT/JAN-MAR93 **t, VENDOR TOTAL. 02530 001-400-1206-4201 01113 $600.00 00075 43981 .04/30/93 DATA PROCESSING /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 *600. 00 R CHUCK*RODRIOUEZ 04997 001-400-4601-4201 01761 *80.00 06629 43982 THEATRE TECH/4-17-93 04/26/93 • COMM RESOURCES /CONTRACT SERVICE/PRIVAT $0.00 04/29/931 *** VENDOR TOTAL R SHERIFF'S DEPARTMENT 00151 001-400-2101-4251 00484 BOOKING FEES/NOV. 92 50830 04/01/93 POLICE $80. 00 $114.66 50830 00035 43883 /CONTRACT SERVICE/00VT $0.00 04/29/93 FINANCE-SFA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION VND A ACCOUNT NUMBER TIM 0 ti DATE INVCNUMBER AMOUNT PROD N DE ACCOUNT BCR/PT/ON *** VENDOR TOTAL******************************************************************** • SHORELINE PRINTING BUS CARDS/SIMP90N10018 03/0 001-400-4202-4305 00762 04/14/93 *** VENDOR TOTAL CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 PAGE * * * *** DATE 05/0 INV/REF PO A C AMOUNT UNENC DATE E *114.66 PUB WKS ADMIN /OFFICE *27. OPER O6 BUPPLIES • SIR SPEEDY EVALUATION REPORTS/PRO 17124 VENDOR TOTAL .00361 04/01/93 110-400-3302-430, 00979 PARKING ENF *27. 06 *48. 17 /OFFICE OPER SUPPLIES R SO BAY REG PUB COMM AUTHORITY TUITION/DISPATCHERS VENDOR TOTAL • 90. CAL SHARPSHOOTER, INC. MI9C.CHARGE9/APRIL 93 • SO. CAL SHARPSHOOTER, INC. TACTICAL VERT/POLICE *** VENDOR TOTAL *48. 17 00112 001-400-2161-4312 02114 04/28/93 POLICE /T*60.00 RAVEL EXPENSE POST 02230 001-400-2101-4201 04/30/93 • POLICE 02250 001-400-2101-5402 04/24/7 00113 1 POLICE *60. 00 01249 $5,601.55 /CONTRACT SERVICE/PRIVAt *947.19 /EQUIP -MORE THAN *500 • SOUTH BAY HOSPITAL DISCOUNT OFFERED • SOUTH BAY HOSPITAL DISCOUNT TAKEN IR SOUTH BAY HOSPITAL BLOOD ALCOHOL TESTING *** VENDOR TOTAL 00107 04/15/93 00107 04/15/93 00107 04/15/93 001-202-0000-2021 001-202-0000-2022 001-400-2101-4201 POLICE R SOUTH BAY MUNICIPAL COURT CITATION COURT BAIL/APR. *6,630.74 00399 *55.38 DISCOUNTS OFFERED 00397 *ss, 38CR /DISCOUNTS TAKEN 01252 *102.87 /CONTRACT SERVICE/PRTVAT *102.07 00400 110-300-0000-3302 11210 0*186.OQ 4/22/93 /COURT FINES/PARKING 101118 06091 4389 *27. 06 04/29 17124 01487 4398 *49.17 04/29 O'1947 4388. $0,00 04/29/ 00469 43eR7 $0.00 04/29/ 09084 438117 *947. 19 04/29/ 06198 43Ei9D $0.00 04/29/ 06188 43888 *0.00 04/29/9 06188 43888 *0.00 04/29/9 06417 43889 *0.00 04/29/9 J FINANCE-SFA340 TIME 16:21:49 PAY VENDOR NAME DESCRIPTION CITY OF HERMOSA BEACH DEMAND LIST FOR 04/29/93 VND N, ACCOUNT NUMBER TRN N AMOUNT DATE INVC PROJ * ACCOUNT DESCRIPTION *0* VENDOR TOTAL ******000000******************************************************** R SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL./APRIL 93 R SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL /APRIL 93 IP *** SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL/APRIL 93 R SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL./APRIL 93 R 1 SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL./APRIL 93 R SOUTHERN CALIFORNIA EDISON CO. ELECTRIC BILL /APRIL 93 VENDOR TOTAL 00159 001-400-3101-4303 00271 04/30/93 MEDIANS 00159 04/30/93 001-400-3104-4303 00161 TRAFFIC SAFETY 00159 001-400-4204-4303 00665 04/30/93 BLDG MAINT 00159 001-400-6101-4303 00508 04/30/93 PARKS 00159 04/30/93 00159 04/30/93 105-400-2601-4303 00430 STREET LIGHTING 160-400-3102-4303 00230 SEWER/ST DRAIN PAGE 0013 DATE 05/03/93 INV/REF PO N CHK N AMOUNT UNENC DATE EXP $186.00 .$95.90 /UTILITIES $656.06 /UTILITIES $2,829.25 /UTILITIES $1,096.07 /UTILITIES $52.92 /UTILITIES $118.70 /UTILITIES R SOUTHERN CALIFORNIA OAS CO. GAS BILLINGS/APRIL 93 *** VENDOR TOTAL. $4,S48.90 00170 001-400-4204-4303 00663 $685.12 04/30/93 BLDG MAINT /UTILITIES R SPECIALTY MAINTENANCE CO SWEEPING SERV /MARCH 93 R SPECIALTY MAINTENANCE CO SWEEPING SERV./MARCH 93 00115 04/01/93 00115 04/01/93 001-400-3103-4201 00463 ST MAINTENANCE 109-400-3301-4201 00195 VEH PK0 DIST $685.12 11,918.00 /CONTRACT RERVECE/PRIVAT $3,055.00 /CONTRACT SERVICE/PRIVAT **r VENDOR TOTAL*0*00*************************0**********************0************** $4,973.00 R SUMITOMO BANK LEASE PMT/MAY 93 *** VENDOR TOTAL 04751 04/30/93 001-400-3104-6900 00123 4055.11 TRAFFIC SAFETY /LEASE PAYMENTS R SUN BADGE COMPANY 00806 001-400-2101-4197 00530 MISC.CHAROES/MARCH 93 04/01/93 POLICE • $855.11 $343.41 /UNIFORM ALLOWANCE 00466 43890 40.00 04/29/93 00466 43890 $0. 00 04/29/93 00466 43890 40.00 04/29/93 00466 43890 *0.00 04/29/93 00466 43890 $0.00 04/29/93 00466 43990 *0.00 04/29/92 00467 43891 *0. 00 04/29/92i 00027 43892 *0.00 04/29/92.. 00027 43892 *0.00 04/29/93 00066 43893 *0. 00 04/29/93 00317 43894 *0.00 04/29/93 CITY OF HERMOSA BEACH FINANCE-SFA340 DEMAND LIST TIME 16:21:49 PAGE 0014FOR 04/29/93 PAY VENDOR NAME DESCRIPTION rr *** VENDOR TOTAL 6 DATE 05/03/93 VND 01 ACCOUNT NUMBER TRN R - AMOUNT INV/REF PO 0 CHK B DATE INVC PROJ 0 ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP $343.41 R J. E.*TALLERICO 04247 001-400-1206-4201 01116 '036.46 223 04050 43895 COMP SERV/MARCH 93 223 04/20/93 DATA PROCESSING /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 • www VENDOR TOTAL • IR TECHNOLOGY SOLUTION, INC. 03421 001-400-2101-4201 BERV.RENDERED/MARCH 93 1148 04/01/93 POLICE *we VENDOR TOTAL $36.46 01248 0200.00 1148 00069 43896 /CONTRACT SERVICE/PRIVAT $0.00 04/29/93 ww*ww*w*******************w****wwwww*********w*****w*ww************* $200.00 R I CITY OF*TORRANCE 00841 145-400-3402-4251 00004 $202.75 CITY SHARE MAX/4TH GTR 04/22/93 05823 43897 COMMUTER BUS /CONTRACT SERVICE/GOVT *0.00 04/29/93 www VENDOR TOTAL www**w**w**w*www*w**w*************ww*******www**w******w********w*** $202.75 R TRANSAMERICA OCCIDENTAL 00240 001•-400-1212-•4188 02694 *25.08 CITY HEALTH INS/MAR-APR 04/30/93 EMP BENEFITS /EMPLOYEE BENEFITS 00029 43898 40.00 04/29/93 *** VENDOR TOTAL rwwwwww***w*w*w**************w*w****w********* $25. oe R DAVID JEFFREY*WAKELYN 05139 110-300-0000-3302 51211 *80.00 CITATION PMT. REFUND 04/22/93 /COURT FINES/PARKING *** VENDOR TOTAL $80.00 R WINTERBROOK PUBLISHING CO. 03568 705-400-1217-4305 00066 $1.00.00 PUBLICATIONS/PERSONNEL 04/19/93 WORKERS COMP /OFFICE OPER SUPPLIES **'VENDOR TOTAL **• PAY CODE TOTAL *** TOTAL WARRANTS********************w**********wwwww****************************** • $100.00 $60, B67.08 $72,734.43 06416 43899 $0.00 04/29/93 05566 43900 $0.00 04/29/93 I NERETTY CERTIFY THAT THE lrMANI S OR CI.AIA ; CrVERED BY THE WARRANTS II^.Tcn DN]� _I Tr) !. Iw' i' -i r, or THE WARRANT RF.‘:'•,'I P f ni! T%rt93 ._ A'I r. M;CIrRAtE. FI)HDS A'VT ft. An Al I I 1,•'! '.." III, ^HD A':r III CONrORMANCE TO THF. F,,,21/4L��''� ETT ' FINANCE hl zl ,,' 17 DATE __ y� �y Honorable Mayor and Members of the Hermosa Beach City Council May 20, 1993 May 6, 1993 City Council Meeting of May 11, 1993 TENTATIVE FUTURE AGENDA ITEMS 1993-94 Budget and CIP study session May 25, 1993 Report on red zone conversion for vehicular parking Approval of Request for Bid for Tennis Courts resurfacing Approval of litigation defense firm list Approval of class specification for Secretary to City Manager Public Hearing Consideration of establishing a Downtown Enhancement Board to replace the Board of Parking Place Commissioners June 3, 1993 1993-94 Budget and CIP study session June 8, 1993 Greenbelt landscaping recommendation from Parks & Recreation Comm. Lease renewal for L.A. County Bar Association (Dispute Resolution Service) June 22, 1993 July 13, 1993 July 27, 1993 August 10, 1993 Lease renewal for Hope Chapel (Rooms 5 and 6A) City Manager Community Res. Dir./ Public Works Director Risk Manager Personnel Director City Manager Public Works Director Community Resources Dir. Community Resources Dir. 1c August 24, 1993 September 14, 1993 Lease renewal for Association for Retarded Citizens Lease renewal for Easter Seal Society Lease renewal for South Bay Center for Counseling September 28, 1993 December , 1993 Community Resources Dir. Community Resources Dir. Community Resources Dir. Lease renewal for Project Touch (Room C) Community Resources Dir. ***************************************************************** UPCOMING ITEMS NOT YET CALENDARED Initiated by Party Staff Caltrans utility maintenance agreement Staff Staff Council Council Staff Ordinance for new Chapter 19 of HBMC entitled "Motor Vehicles and Traffic" Text amendment re. grade definition, fencing and barbed wire require- ments in conjunction with oil development Confirmation of oil development C.U.P. approved by P.C. Request for Council guidance and prioritization for the development of the Biltmore site park Review Bldg/Zoning Code changes to improve liveability Revision of HBMC provisions per- taining to construction of public street improvements (Public Hrg) Request for approval of Tenant/ Users Liability Insurance Program (TULIP) and establishment of an administrative fee for processing TULIP applications Public Works Dir. Public Works Dir. Planning Director Planning Director Comm. Resources Dir. Planning Director Public Works Dir. Personnel Director Staff Final public hearing for Land Use Element Planning Director Staff Payroll software selection Finance Director Staff Special study re. standards for small lots Planning Director Special study of the zoning ordi- nance and enforcement ordinance re. parking in front yard setback Planning Director School District request for Grounds Maintenance provided by the City Comm. Resources Dir. Council Amendment to Ord. 93-1084 allowing vehicle parking on public street r -o -w along walkstreets on west side of Beach Drive Staff A:FUTURE Planning Director Review of commercial beach events policy, with Ordinance Comm. Resources Dir. May 4, 1993 Honorable Mayor City Council Meeting and Members of the of May 11, 1993 MONTHLY STATUS REPORT OF INACTIVE PUBLIC DEPOSITS FOR HERMISA BEACH Attached is report of all Inactive Public Deposits for the month of April 1993. This is the most current available investment information. Respectfully submitted, NOTED: Workman reasurer ,) Frederick R. Ferrin City Manager id INVESTMENT REPORT - APRIL 1993 DATE OF DATE OF ASKING MARKET INSTITUTION TOTAL INVESTMENT MATURITY PRICE VALUE INTEREST LAIF BALANCE 4/1/93 S6,690,000.00 Investment 2,000,000.00 04/23/93 Maturity (2,000,000.00) BALANCE 4/30/93 $6,690,000.00 LACPIF Railroad Right -of -Way Account 04/29/93 BALANCE 4/1/93 $1,355,945.55 Investment 137,084.00 4/23/93 02/10/93 BALANCE 4/30/93 CORPORATE NOTES: Ford Motor Credit Co. Investment 4.624% S1,493,029.55 3.51% S500,000.00 05/19/88 05/20/93 $ 500,000.00 $ 502,455.00 9.10% U.S. TREASURY BOND Investment S1,005,937.50 09/14/90 06/30/94 $1,005,937.50 S1,061,560.00 8.50X Investment $989,687.50 12/03/92 11/30/97 $ 989,687.50 $ 997,810.00 6.24% Investment 1,008,437.50 02/18/93 01/31/98 1,008',437.50 998,490.00 5.625X INVESTMENT TOTAL $11,687,092.05 SEATTLE 1ST NATL. BANK TRUST BALANCE 3/1/93 S549,669.13 Adjustment (27,971.14) 03/31/93 BALANCE 3/31/93 $521,697.99 8.40% CHICAGO TITLE BALANCE 12/01/92 $11,921.08 BALANCE 12/31/92 $12,084.52 TRUSTEE TOTAL $533,782.51 GRAND TOTAL $12,220,874.56 Respectfully Submitted, April 20, 1993 Honorable Mayor and Members of Regular Meeting The Hermosa Beach City Council May 11, 1993 REQUEST FOR 30 DAY EXTENSION OF TEMPORARY APPOINTMENT OF ONE COMMUNITY SERVICES OFFICER Recommendation: It is recommended that the City Council extend for thirty days (30) days the temporary appointment of one Community Services Officer. Background: There is currently one vacant Community Services Officer (formerly General Services Officer) which is being filled on a temporary basis pending completion of current reorganization which is in progress. Analysis: Section 2-33 of the Hermosa Beach City Code precludes a temporary appointment of an individual to a permanent Civil Service position for more than six months without approval from the City Council every thirty days. Respectfully submi Robert A. Blackwood Personnel Director wp/extend Concur: it4�.n.r�J/`• �� Frederick R. Ferrin City Manager if May 4, 1993 Honorable Mayor and Members of Regular Meeting the Hermosa Beach City Council of May 11, 1993 RECOMMENDATION TO AUTHORIZE THE REPLACEMENT OF A WRECKED POLICE PATROL VEHICLE WHICH I8 DAMAGED BEYOND REPAIR Recommendation: It is recommended that City Council authorize the purchase of a replacement police patrol car and appropriate $14,707 from the fund balance in the Insurance Fund to the Auto/Property/Bonds account for claims settlement. Background: On March 29, 1993, one of our police vehicles was damaged beyond repair in a collision. The officer driving was responding to a backup call of another officer when he collided with a vehicle turning left in front of him. Insurance adjusters have declared the police vehicle to be a total loss. Analysis: With the busy summer months rapidly approaching, it is imperative that our authorized vehicle fleet be maintained. Replacement cost of the car is $14,706.85 through the Los Angeles County Bid Process. Delivery will be within 30 days of City Council authorization. A claim has been filed with the insurance company of the other driver and, should they respond, the reimbursement will be credited back to the insurance fund. Respectfully submitted: Val Straser Acting Chief of Police Noted for Fiscal Impact: Viki Copeland Finance Director peradmin/car 1 Concur: Frederick R. Ferrin City Manager Robert A. Blackwoo Risk Manager lg April 27, 1993 Honorable Mayor and Members City Council Meeting of the City Council of May 11, 1993 LOS ANGELES COUNTY BEACHES AND HARBORS CONTRACT Recommendation It is recommended by staff that Council receive and file the attached letter from Los Angeles County Beaches and Harbors that extends the current contract for Lifeguard and beach maintenance services on a month to month basis pending consideration of the amendment approved by Council at the March 9, 1993 meeting. Background At the March 9, 1993 meeting, Council approved an agreement that would extend the City's current contract with the County for Lifeguard and beach maintenance services through June 30, 1996 with an additional extension option through June 30, 1998. This agreement will be forwarded to the County Board of Supervisors subsequent to the County's own budget review process. Analysis As our existing contract is set to expire in June, 1993, this letter provides the City with uninterrupted service during the waiting period between our contract expiration and the decision about the amendment from the Board of Supervisors. Staff will provide the Council with updates on the status of our amendment as the County budget deliberations progress. Fiscal Impact: County will continue to provide services with no direct cost to the City. Concur : Frederick R. Ferrin City Manager 1 Respectfully submitted, 7 Mary j.ney, Director Comm n Resources Dept. lb ERIC BOURDON DIRECTOR May 3, 1993 Mr. Frederick Ferrin, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90264 Dear Mr. Perrin: RECEIVED MAY 0 3 1993 CITY MGR. OFFICE .JUDVTH KEW041U4. DEPUTY DIRECTOR STAN 11ttNIENep DEPUTY DIRECTOR By a letter dated June 19, 1992, my predecessor extended to June 30, 1993, the operating agreement by which the County provides lifeguard and beach maintenance services to the City of Hermosa Beach. Although wa have received the contract extension as approved by your City Council, we are unable to submit it for Board of Supervisors approval at this time because wa do not know if we will have the budgetary resources to perform the required services during the contract term. As I as sure you are aware, the County is in a difficult financial position and we have been required to submit budgets reflecting three levels of cutbacks to our Chief Administrative Officer. with the budgetary situation uncertain, we will provide services to your city on a month--to-month basis after June 30, 1993, in accordance with the previous agreement. You will get thirty days notice of complete termination or substantial change of level of services. We will get back in touch with you as soon as the County budget is approved to resolve any issues regarding the future level of services which we can offer to your city. If you have any questions, please do not hesitate to call.. EB:be Very truly yogis Eric Bourdon, Director ITLECOPIER {31+n 821-6346 (310) 305.9S03 118/7 Fix WAY. MARUVA t?E1, R. CALIFORNIA S,Q2$2 ** TOT": P ii Gii'11 :4 4 May 3, 1993 Honorable Mayor and Members Regular Meeting of of the City Council May 11, 1993 LEASE RENEWAL FOR THE SOUTH BAY FREE CLINIC FOR ROOM 7 IN THE COMMUNITY CENTER RECOMMENDATION The Parks, Recreation and Community Resources Commission and staff recommend that Council approve a one year lease with the South Bay Free Clinic for the use of Room 7 in the Community Center and authorize the Mayor to sign the attached lease. BACKGROUND The South Bay Free Clinic was awarded a grant in 1992 that enables them to lease office space. They moved their administrative offices of the HIV Program from their main facility in Manhattan Beach to the Community Center. Room 7 houses the "hot line" and the staff of the program. They conduct meetings, training and occasionally support groups but do not conduct any medical services. ANALYSIS Revenue generated from the lease of Room 7 (1100 sq. ft.) will be $957 per month ($.87 sq. ft.). The attached lease conforms to the present square footage rental policy (approved by Council in. February, 1993). Commission approval of the attached lease will help to insure that this well established social service organization continues to work in the community. Fiscal Impact: $11,451 Estimated annual revenue to the General Fund. Concur: Frederick R. Ferrin Respectfully„submi Marsha Ernst Administrative Aide Community Resources Dept. Noted for Fiscal Impact: Viki Copeland, Director City Manager Finance Dept. 1 HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT This Leasing Agreement is made and entered into on this, the 11th day of May 1993 , by and between the City of Hermosa Beach, a Municipal Corporation (City) and South Bay Free Clinic (Lessee). A. RECITALS: 1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Com- munity Center (referred to herein as the "facility"). 2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Develop- ment as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS. 3. The Lessee desires to use a portion of the facility on the terms and conditions set out herein. NOW, THEREFORE, THE PARTIES AGREE AS .FOLLOWS: 1. TERM. The term of this lease shall be for a period of 1 year commencing on the 15th day of June ,1993 , and ending on the 14th day of June ,1994 2. DESCRIPTION OF PREMISES. The Lessee is leasing from the City that portion of the facility described as: Room 7 (1100 sq. ft.) Commnity Center 3. RENT. Lessee agrees to pay to the City rent ac cording to the following schedule: June 15, 1993 through June 30, 1993: $462/mo $.84 sq. ft. July 1, 1993 through May 31, 1994: $957/mo June 1 through June 14, 1994: $477 $.87 sq. ft. Payable on the first day of the month. If this lease commences on a day other than the first day of the month, then the Lessee shall pay upon the commencement of the lease the rental on a pro rata basis for the remainder of that month and commence a full rental pay- ment on the first day of the following month. 1 3A. OTHER CONDITIONS. The following additional condi- tions are agreed to by the Lessee: 1. Lessee shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without Lessor's written consent. 2. No signs or awning shall be erected or maintained upon or attached to the outside of the premises except such signs showing the business of the Lessee. All such signs shall be in accordance with the policy established by the Lessor. 4. USE. The Lessee agrees to use the premises only for the following purpose or purposes: Administrative offices HIV Program And for no other purpose without the express written consent of the City. Lessee also agrees the premises shall not be used in violation of the Department of Housing and Urban Development (HUD) or School District Agreements as those agreements are interpreted by either the City or the Hermosa Beach City School District or the Department of Housing and Urban Development. 5. INSURANCE LIABILITY. Lessee shall obtain and maintain at all times during the term of this agreement Comprehensive General and Automobile Liability insurance protecting Lessee in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one occurrence, and $1,000,000 for property damage or a com- bined single limit of $1,000,000. Such insurance shall name City of Hermosa Beach and their officers, employees, elected officials and members of Boards or Commissions as additional insured parties. Coverage shall be in accordance with the sample certificates and endorsements attached hereto and must include the coverage and provisions indicated. Lessee shall file and maintain the required certificate(s) of insurance with the other party to this agreement at all times during the term of this agreement. The certificate(s) is to be filed prior to the commencement of the work or event and should state clearly: (1) The additional insured requested; (2) Thirty day prior notice of change or cancellation to the City of Hermosa Beach; (3) Insurance is primary to that of the Additional Insured; (4) Coverage included; (5) Cross -liability clause. 2 WORKER'S COMPENSATION INSURANCE. Lessee shall obtain and maintain at all times during the term of this agreement Work- er's Compensation and Employers Liability insurance and fur- nish the City with a certificate showing proof of such coverage. Such insurance shall not be cancelled or material- ly changed without a thirty (30) day prior written notice to: City Manager, City of Hermosa Beach. INSURANCE COMPANIES. Insurance companies must be rated (B:XIII) or better in Best's Insurance Rating Guide. 6. CONDITION OF THE PREMISES UPON TERMINATION OF THE LEASE. Lessee agrees to keep and maintain the premises in good con- dition and repair and to return to the City the premises upon termination of this lease in the same condition as when Les- see took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon de- mand the reasonable sums to repair the premises in the event of a violation of this provision. 7. CONSTRUCTION. Lessee is prohibited from making any al- terations or performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons. 8. DESTRUCTION, PARTIAL DESTRUCTION OR NECESSITY TO REPAIR BECAUSE OF CONDITIONS CAUSED BY OTHER THAN LESSEE. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the prem- ises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction or repair if such reconstruc- tion or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be termi- nated and neither party shall have any liability each to each other. 9. HOLD HARMLESS. Lessee shall hold harmless and indemnify the City, its officers, agents and employees from every claim or demand which may be made by reason of any injury and/or death to persons and/or injury to property caused by any di- rect or indirect act or any omission of the lessee, its of- ficers, agents and employees arising out of the lessee's use of said premises. The lessee, at its own cost, expense and risk shall defend any and all actions, suits or other pro- ceedings that may be brought or instituted against the City on any such claim or demand, and pay or satisfy any judgment that may be rendered against the Lessor on any such action, suit, or legal proceedings as a result hereof. 3 10. RULES, REGULATIONS AND ORDINANCES. The Lessee agrees to comply strictly with all applicable laws and any uniform Com- munity Center rules and regulations adopted by the City Council. 11. TAXES AND CHARGES. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the lease -hold premises. 12. DEFAULT. Should Lessee fail to pay any monies due pur- suant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of this lease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California. 13. NOTICE. Any notice required to be made or given pur- suant to the provisions of this lease may be either personal- ly served upon the party or deposited in the United States mail, postage prepaid, LESSOR: CITY OF HERMOSA BEACH CITY HALL 1315 VALLEY DRIVE HERMOSA BEACH, CALIFORNIA 90254 LESSEE: Suzanne Rivera, Executive Director South Bay Free Clinic 1807 Manhattan Beach Blvd. Manhattan Beach, CA 90266 Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail. 14. ATTORNEYS FEES. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional item of damages its attorneys fees. 15. ASSIGNMENT AND SUBLETTING. Lessee.may not assign or sublease all or any portion of the premises without the writ- ten consent of the City, which consent may be granted or de- nied at the exclusive and total discretion of the City. 16. SUCCESSORS. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties. 4 IN WITNESS WHEREOF, the parties have executed this Hermosa Beach Community Center Lease Agreement at Hermosa Beach on the day first hereinabove set forth. ATTEST: APPROVED AS TO FORM: DATE: CITY OF HERMOSA BEACH, a Municipal Corporation, Lessor By CITY CLERK CITY ATTORNEY 5 May 3, 1993 Honorable Mayor and Members Regular Meeting of of the City Council May 11, 1993 PROJECT TOUCH LEASE RENEWAL AGREEMENT (ROOMS 3 AND 1.41) RECOMMENDATION The Parks, Recreation and Community Resources Commission and staff recommend that Council approve the lease agreements between the City and Project Touch for Rooms 3 and 11 in the Community Center and authorize the Mayor to sign the attached agreements. BACKGROUND Project Touch presently leases Room C, Room 11 and 3 in the Community Center. They have been tenants in the Center since October, 1979. They have served Hermosa, Redondo and Manhattan Beach city's high risk youth and their families for 16 years. Project Touch is a juvenile diversion program whose services include social and educational enrichment, counseling, meals, wilderness challenge camping and stepteen/stepfamily groups. ANALYSIS The lease space for Rooms 3 and 11 is 929 sq. ft. with a monthly rental of $780. ($.84 sq. ft.) As of July 1, 1993 their rent will increase to $808/mo ($.87 sq. ft.). The attached lease conforms to the present square footage rental policy (approved by the City Council February 9, 1993) with all other conditions of the former lease remaining the same. Their residency in the Community Center has been of great value in addressing a vital social service function for Hermosa Beach. Fiscal Impact: $9,640 Estimated annual revenue to the General Fund. Concu • 4011%) Mary ORIMOney,Director Com unity Resources Dept. Frederick R. Ferrin City Manager 1 Respectfully submi ar-ha Ernst Administrative Aide Community Resources Dept. Noted for Fiscal Impact: Viki Copeland, Director Finance Dept. 1� HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT This Leasing Agreement is made and entered into on this, the 11th day of May 1993 , by and between the City of Hermosa Beach, a Municipal Corporation (City) and Project Touch , (Lessee). 1 A. RECITALS: 1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Com- munity Center (referred to herein as the "facility"). 2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Develop- ment as set forth in a document entitled Agreement Tor Sale and Purchase of Real Property and dated the 28th day of February 1978. These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS. 3. The Lessee desires to use a portion of the facility on the terms and conditions set out herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. TERM. The term of this lease shall be for a period of one (1) year commencing on the 1st day of July ,1993 , and ending on the 30th day of June ,1994 2. DESCRIPTION OF PREMISES. The Lessee is leasing from the City that portion of the facility described as: Room 11 400 sq. ft. 3. RENT. Lessee agrees to pay to the City rent ac- cording to the following schedule: July 1, 1993, to June 30, 1994: $348/mo. $.87 sq. ft Payable on the first day of the month. If this lease commences on a day other than the first day of the month, then the Lessee shall pay upon the commencement of the lease the rental on a pro rata basis for the remainder of that month and commence a full rental pay- ment on the first day of the following month. 1 3A. OTHER CONDITIONS. The following additional condi- tions are agreed to by the Lessee: 1. Lessee shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without Lessor's written consent. 2. No signs or awning shall be erected or maintained upon or attached to the outside of the premises except such signs showing the business of the Lessee. All such signs shall be in accordance with the policy established by the Lessor. 4. USE. The Lessee agrees to use the premises only for the following purpose or purposes: Counseling services And for no other purpose without the express written consent of the City. Lessee also agrees the premises shall not be used in violation of the Depratment of Housing and Urban Development (HUD) or School District Agreements as those agreements are interpreted by either the City or the Hermosa Beach City School District or the Department of Housing and Urban Development. 5. INSURANCE LIABILITY. Lessee shall obtain and maintain at all times during the term of this agreement Comprehensive General and Automobile Liability insurance protecting Lessee in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one occurrence, and $1,000,000 for property damage or a com- bined single limit of $1,000,000. Such insurance shall name City of Hermosa Beach and their officers, employees, elected officials and members of Boards or Commissions as additional insured parties. Coverage shall be in accordance with the sample certificates and endorsements attached hereto and must include the coverage and provisions indicated. Lessee shall file and maintain the required certificate(s) of insurance with the other party to this agreement at all times during the term of this agreement. The certificate(s) is to be filed prior to the commencement of the work or event and should state clearly: (1) The additional insured requested; (2) Thirty day prior notice of change or cancellation to the City of Hermosa Beach; (3) Insurance is primary to that of the Additional Insured; (4) Coverage included; (5) Cross -liability clause. 2 WORKER'S COMPENSATION INSURANCE. Lessee shall obtain and maintain at all times during the term of this agreement Work- er's Compensation and Employers Liability insurance and fur- nish the City (or Agency) with a certificate showing proof of such coverage. Such insurance shall not be cancelled or materially changed without a thirty (30) day prior written notice to: City Manager, City of Hermosa Beach. INSURANCE COMPANIES. Insurance companies must be rated (B:XIII) or better in Best's Insurance Rating Guide. 6. CONDITION OF THE PREMISES UPON TERMINATION OF THE LEASE. Lessee agrees to keep and maintain the premises in good con- dition and repair and to return to the City the premises upon termination of this lease in the same condition as when Les- see took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon de- mand the reasonable sums to repair the premises in the event of a violation of this provision. 7. CONSTRUCTION. Lessee is prohibited from making any al- terations or performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons. 8. DESTRUCTION, PARTIAL DESTRUCTION OR NECESSITY TO REPAIR BECAUSE OF CONDITIONS CAUSED BY OTHER THAN LESSEE. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the prem- ises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction or repair if such reconstruc- tion or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be termi- nated and neither party shall have any liability each to each other. 9. HOLD HARMLESS. Lessee shall hold harmless and indemnify the City, its officers, agents and employees from every claim or demand which may be made by reason of any injury and/or death to persons and/or injury to property caused by any di- rect or indirect act or any omission of the Lessee, its of- ficers, agents and employees arising out of the lessee's use of said premises. The lessee, at its own cost, expense and risk shall defend any and all actions, suits or other pro- ceedings that may be brought or instituted against the City on any such claim or demand and pay or satisfy any judgment that may be rendered against the Lessor on any such action, suit, or legal proceedings as a result hereof. 3 10. RULES, REGULATIONS AND ORDINANCES. The Lessee agrees to comply strictly with all applicable laws and any uniform Com- munity Center rules and regulations adopted by the City Council. 11. TAXES AND CHARGES. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the lease -hold premises. 12. DEFAULT. Should Lessee fail to pay any monies due pur- suant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of this lease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California. 13. NOTICE. Any notice required to be made or given,pur- suant to the provisions of this lease may be either personal- ly served upon the party or deposited in the United States mail, postage prepaid, LESSOR: CITY OF HERMOSA BEACH CITY HALL 1315 VALLEY DRIVE HERMOSA BEACH, CALIFORNIA 90254 LESSEE:' Project Touch 710 Pier Avenue Hermosa Beach, CA 90254 Attn: Julie Dorr Feys Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail. 14. ATTORNEYS FEES. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional i'em of damages its attorneys fees. 15. ASSIGNMENT AND SUBLETTING. Lessee may not assign or sublease all or any portion of the premises without the writ- ten consent of the City, which consent may be granted or de- nied at the exclusive and total discretion of the City. 16. SUCCESSORS. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties. 4 IN WITNESS WHEREOF, the parties have executed this Hermosa Beach Community Center Lease Agreement at Hermosa Beach on the day first hereinabove set forth. ATTEST: APPROVED AS TO FORM: DATE: )4LIL 3/ is53 CITY OF HERMOSA BEACH, a Municipal Corporation, Lessor By CITY CLERK CITY ATTORNEY LESSEE: 5 HERMOSA BEACH COMMUNITY CENTER LEASE AGREEMENT This Leasing Agreement is made and entered into on this, the 11th day of May 1993 , by and between the City of Hermosa Beach, a Municipal Corporation (City) and Project Touch (Lessee). A. RECITALS: , 1. The City is the owner of a recreational/civic service facility generally referred to as the Hermosa Beach Com- munity Center (referred to herein as the "facility"). 2. The facility is subject to certain agreements and deed restrictions entered into on the 28th day of February 1978, between the City and the Hermosa Beach City School District and is further subject to certain provisions imposed by the Department of Housing and Urban Develop- ment as set forth in a document entitled Agreement for Sale and Purchase of Real Property and dated the 28th day of February 1978..These documents are on file in the office of the City Clerk of the City and are public documents and by reference are incorporated into this leasing agreement and are referred to herein as the HUD and SCHOOL DISTRICT AGREEMENTS. 3. The Lessee desires to use a portion of the facility on the terms and conditions set out herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. TERM. The term of this lease shall be for a period of one (1) year commencing on the 1st day of June ,1993 , and ending on the 31st day of May ,1994 2. DESCRIPTION OF PREMISES. The Lessee is leasing from the City that portion of the facility described as: Room 3 (529 sq. ft.) 3. RENT. Lessee agrees to pay to the City rent ac- cording to the following schedule: June 1, 1993, thru June 30, 1993,.$444/mo. $.84 sq.ft. July 1, 1993, thru May 31, 1994, $460/mo. $.87.sq.ft. Payable on the first day of the month. If this lease commences on a day other than the first day of the month, then the Lessee shall pay upon the commencement of the lease the rental on a pro rata basis for the remainder of that month and commence a full rental pay- ment on the first day of the following month. 1 3A. OTHER CONDITIONS. The following additional condi- tions are agreed to by the Lessee: 1. Lessee shall not mark, drill or deface any walls, ceilings, floors, wood or iron work without Lessor's written consent. 2. No signs or awning shall $e erected or maintained upon or attached to the outside of the premises except such signs showing the business of the Lessee. All such signs shall be in accordance with the policy established by the Lessor. 4. USE. The Lessee agrees to use the premises only for the following purpose or purposes: Counseling services And for no other purpose without the express written consent of the City. Lessee also agrees the premises shall not be used in violation of the Depratment of Housing and Urban Development (HUD) or School District Agreements as those agreements are interpreted by either the City or the Hermosa Beach City School District or the Department of Housing and Urban Development. 5. INSURANCE LIABILITY. Lessee shall obtain and maintain at all times during the term of this agreement Comprehensive General and Automobile Liability insurance protecting Lessee in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one occurrence, and $1,000,000 for property damage or a com- bined single limit of $1,000,000. Such insurance shall name City of Hermosa Beach and their officers, employees, elected officials and members of Boards or Commissions as additional insured parties. Coverage shall be in accordance with the sample certificates and endorsements attached hereto and must include the coverage and provisions indicated. Lessee shall file and maintain the required certificate(s) of insurance with the other party to this agreement at all times during the term of this agreement. The certificate(s) is to be filed prior to the commencement of the work or event and should state clearly: (1) The additional insured requested; (2) Thirty day prior notice of change or cancellation to the City of Hermosa Beach; (3) Insurance is primary to that of the Additional Insured; (4) Coverage included; (5) Cross -liability clause. 2 WORKER'S COMPENSATION INSURANCE. Lessee shall obtain and maintain at all times during the term of this agreement Work- er's Compensation and Employers Liability insurance and fur- nish the City (or Agency) with a certificate showing proof of such coverage. Such insurance shall not be cancelled or materially changed without a thirty (30) day prior written notice to: City Manager, City of Hermosa Beach. INSURANCE COMPANIES. Insurance companies must be rated (B:XIII) or better in Best's Insurance Rating Guide. 6. CONDITION OF THE PREMISES UPON TERMINATION OF THE LEASE. Lessee agrees to keep and maintain the premises in good con- dition and repair and to return to the City the premises upon termination of this lease in the same condition as when Les- see took possession of the premises excepting any repairs or alterations which were approved by the City, reasonable wear and tear excepted, and does promise to pay the City upon de- mand the reasonable sums to repair the premises in the event of a violation of this provision. 7. CONSTRUCTION. Lessee is prohibited from making any al- terations or performing any construction whatsoever on the premises without the expressed written approval of the City. Any such approval shall include provisions to protect the City from potential liens of labor and material persons. 8. DESTRUCTION, PARTIAL DESTRUCTION OR NECESSITY TO REPAIR BECAUSE OF CONDITIONS CAUSED BY OTHER THAN LESSEE. The City has no duty or obligation to reconstruct the premises in the event of destruction or partial destruction of the premises. The City at its option may reconstruct or repair the prem- ises, whereupon this lease shall remain in full force and effect except that no rent will be owing to the City during said period of reconstruction or repair if such reconstruc- tion or repair interferes with the tenancy created herein to the extent that the premises cannot be used for the purposes intended. In the event the City at its sole discretion determines not to reconstruct or repair the premises then either party at its option may cause this lease to be termi- nated and neither party shall have any liability each to each other. 9. HOLD HARMLESS. Lessee shall hold harmless and indemnify the City, its officers, agents and employees from every claim or demand which may be made by reason of any injury and/or death to persons and/or injury to property caused by any di- rect or indirect act or any omission of the lessee, its of- ficers, agents and employees arising out of the lessee's use of said premises. The lessee, at its own cost, expense and risk shall defend any and all actions, suits or other pro- ceedings that may be brought or instituted against the City on any such claim or demand, and pay or satisfy any judgment that may be rendered against the Lessor on any such action, suit, or legal proceedings as a result hereof. 3 10. RULES, REGULATIONS AND ORDINANCES. The Lessee agrees to comply strictly with all applicable laws and any uniform Com- munity Center rules and regulations adopted by the City Council. 11. TAXES AND CHARGES. Lessee agrees to pay when due any and all taxes, assessments or charges levied by any governmental agency on or to the tease -hold premises. 12. DEFAULT. Should Lessee fail to pay any monies due pur- suant to this lease within three days after written notice from the City or to perform any other obligation required pursuant to the terms of this lease within thirty days after notice from the City, City may immediately cause this lease to be terminated and thereafter take any action and pursue all remedies available under the laws then existent in the State of California. 13. NOTICE. Any notice required to be made or given pur- suant to the provisions of this lease may be either personal- ly served upon the party or deposited in the United States mail, postage prepaid,. LESSOR: CITY OF HERMOSA BEACH CITY HALL 1315 VALLEY DRIVE HERMOSA BEACH, CALIFORNIA 90254 LESSEE: Project Touch 710 Pier Avenue Hermosa Beach, CA 90254 Attn: Julie Dorr Feys Any notices so given pursuant to the provisions of this paragraph will be deemed served twenty-four hours after the deposit thereof in the United States mail. 14. ATTORNEYS FEES. The parties agree that in the event any action is instituted concerning any of the provisions of this lease agreement, the prevailing party may in the discretion of the court be granted as an additional' item of damages its attorneys fees. 15. ASSIGNMENT AND SUBLETTING. Lessee may not assign or sublease all or any portion of the premises without the writ- ten consent of the City, which consent may be granted or de- nied at the exclusive and total discretion of the City. 16. SUCCESSORS. Subject to prior provisions, this lease is binding upon the heirs, assigns and successors of interest of the parties. 4 IN WITNESS WHEREOF, the parties have executed this Hermosa Beach Community Center Lease Agreement at Hermosa Beach on the day first hereinabove set forth. ATTEST: APPROVED AS TO FORM: CITY OF HERMOSA BEACH, a Municipal Corporation, Lessor By CITY CLERK CITY ATTORNEY DATE: LESSEE: 4-te 5 Honorable Mayor and Members of the Hermosa Beach City Council May 4, 1993 City Council Meeting of May 11, 1993 RECOMMENDATION TO AUTHORIZE THE PURCHASE OF AN INTERACTIVE VIDEODISC DELIVERY SYSTEM FOR LAW ENFORCEMENT TRAINING Recommendation: It is recommended that City Council authorize the police department to purchase an interactive videodisc delivery system (IVD) with funds from the prospective expenditures account in order to participate in statewide training programs. Background: Due to budget constraints throughout the state, the Commission on Peace Officer Standards and Training (POST) is attempting to reduce training costs. To achieve this goal, POST is utilizing a satellite and interactive videodisc delivery system. Currently, officers are sent to available training sites in order to meet statutory, mandatory, critical and proficiency training requirements. Much of the training involves travel and lodging and associated costs to cities which may only be partially reimbursed. In January of this year, the Commission adopted new and amended regulations to reimburse eligible agencies for the purchase of satellite antenna systems and interactive videodisc delivery systems. Our agency qualifies under the POST guidelines. Analysis: The purchase of the IVD system will allow us to provide in-service training for our officers. This will greatly reduce travel, lodging and associated costs. The subsequent purchase of a satellite antenna system will allow us to receive training broadcasts, record them and train officers in-service either individually or in small groups. The cost of the IVD system is $4,500. POST will reimburse the full amount. Commander Michael Lavin is obtaining bids on the antenna system. POST will reimburse up to $2,377. for the antenna system. We intend to present the antenna system request at the May 25, 1993, Council meeting, once bids are evaluated. The Commission has indicated that they cannot guarantee reimbursement if the equipment is purchased after June 30, 1993. - 1 - lk Res/ es ectfylly submitted, Val Straser Acting Chief of Police Noted for fiscal impact: Vi Tci Copeland Finance Director Co ur: Rick Ferrin City Manager Attachments: (1) Memorandum from Commander Lavin Date: May 4, 1993 To: Val Straser, Acting Chief of Police From: Commander Michael Lavin Subject: Interactive Videodisc System With the wide range of budget cuts that all governmental agencies are suffering at this time, the P.O.S.T Commission Is no exception. As a result, POST is now trying to develop new audio visual training systems whereby training can be done at the individual police departments. This obviously will cut down on the expense that POST reimburses us for in the form of per diem, travel expenses, and tuition costs. POST has developed 2 methods of training to be conducted at individual stations. First is the Interactive Videodisc System. This is a computer system hooked up to a laser disc player. POST furnishes to the police departments various training programs. Upon receiving these programs, we would load them into the computer system and conduct a training module. This program allows the officer being trained to conduct some hands on with the computer as he/she will have to respond to situations and questions posed by the training program. POST has also received funding to reimburse police agencies buying this system. The reimbursement cap is $4973. Once we have purchased this system before June 30, 1993, we can submit our invoice to POST and they will reimburse us up to this amount. If we were to buy this system after June 30, 1993 POST cannot guarantee funding for reimbursement after that date. We have already received 3 quotes on this system and I would urge the Department to take advantage of this offer. The other system that I referred to above is a satellite system that we can install at our station to receive training broadcasts that are sent out over the POST training satellite network. POST will also reimburse us for some of the costs (up to $2377) of this system. I will forward more Information on this system as we develop quotes from vendors. Respectfully submitted, )il(Ch Commander M chael Lavin Field Services Division Hermosa Beach Police Department 9~/1--z-c-^-7"- May 4, 1993 City Council Meeting May 11, 1993 Mayor and Members of the City Council AMENDMENT TO "SMOKING POLLUTION CONTROL" ORDINANCE 1ecommendatiou It is recommended by staff that the City Council set the matter of Amendment to the City's "Smoking Pollution Control" Ordinance for a duly Noticed Public Hearing for the purposes of considering amendments to the current Ordinance which would provide a smoke free work environment for all City employees and in all city -owned facilities and property. Rackgaround The City Council recently directed staff to bring back the current City Ordinance, which was adopted in August of 1986, for possible amendments. The staff feels that this is both a city-wide and certainly employee concern and deserves a Noticed Public Hearing for full public discussion on the proposed changes. In early 1993, the Environmental Protection Agency released a report that fingered second-hand smoke as a leading cause of cancer among non- smokers. onsmokers. To cut their exposure to workers' compensation claims, many in the business community have made proposals to impose work -place smoking bans. Recently, Governor Pete Wilson issued an executive order banning smoking in all state buildings. The City should consider a similar ban on all smoking in all city -owned facilities. The employees and public should be guaranteed a smoke-free environment when using this public property. Analysis Our current Ordinance was enacted in 1986 and has not been amended since that time. It currently prohibits smoking in the following public places: Elevators, Restrooms, Civic Theater, Community Center Gym, Council Chambers, and all public counters and reception areas in City Hall, Police Department and Fire Station. Also, Clark Stadium Building and Community Center Rental Rooms, unless used for a private function. 11 Page Two May 4, 1993 Smoking Pollution Control Ordinance It has been interpreted that smoking is allowed in individual offices of City Hall, the Police Department and the Fire Station. It has also been interpreted that if the area does not have a public counter, that smoking is allowed out in the open desk areas, even though the public may have to come in direct contact with the second-hand smoke. Also, smoking is allowed at private functions at the Clark Stadium Building and Community Center Rooms. The current Ordinance has resulted in numerous areas in City Hall where non-smoking employees and the public are exposed to second-hand smoke on a continuous daily basis. With the recent EPA report on the health dangers of second-hand smoke, it is time to re-evaluate the Smoking Pollution Control more in terms of a smoking ban in the interests of the health of all employees and citizens. The proposed revised Ordinance to be presented at the Public Hearing will address: 1) A complete smoking ban in City Hall, Police Department, Fire Department, Community Center including rental rooms, City Yard Building, and Clark Stadium Building. (Basically all City - owned buildings.) 2) A ban of smoking in all City -owned vehicles. It is no longer in the best interests of the public to allow, for example, smoking at Clark Stadium Building for a private party, followed by a Senior Citizens Meeting. Also, to allow for a "private meeting" with smoking at a room at the Community Center to be immediately followed by an instructional class opened to the public, perhaps with children present, is not in the best interests of the health of the general public. The Public Hearing will provide the opportunity for all employees, their representative groups and the public to give their input on the proposed changes. Areas such as the atrium and the outside front and back entrances at City Hall can be discussed as a proper place for employees to take a break in order to smoke. In the past two years, 92 California Cities have either enacted or strengthened their tobacco control Ordinances. What is recommended only addresses city - owned property and no privately owned property or businesses. Page Three May 4, 1993 Smoking Pollution Control Ordinance At the same time the amendments to the Ordinance are enacted, it is also recommended that staff be directed to contact some local service agencies such as the American Lung Association, etc., and arrange for support meetings at City Hall immediately after work, or during lunch time, to be available to any employee interested in attending for the purposes of providing assistance and support to them in quitting smoking. Respectfully submitted, Frederick R. Ferrin, City Manager Concur: f Robert Blackwood, Personn irector and Risk Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 86-852, SMOKING POLLUTION CONTROL, AND CHAPTER 14 1/2 OF THE HERMOSA BEACH MUNICIPAL CODE. WHEREAS, in early, 1993, the Environmental Protection Agency released a report indicating the second-hand smoke is a leading cause of cancer among non-smokers; and WHEREAS, the City desires to provide a smoke-free work environment for all City employees and a smoke-free environment for all members of the public utilizing any city -owned facilities; and WHEREAS, smoking results in serious and significant physical discomfort of nonsmokers and constitutes a public nuisance in public places and workplaces; and WHEREAS, the City desires to decrease its exposure to workers' compensation claims as a result of claims regarding second-hand smoke exposure to employees; NOW, THEREFORE, THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14 1/2 - 5. Prohibition of Smoking in Public Places. Shall be amended to read as follows: "Smoking shall be prohibited in all City -owned facilities and property described below: 1. All City -owned facilities including City Hall, Police Headquarters, Fire Station, Community Center, City Yard, Clark Stadium Building, the old South School Park Building, the old Prospect School Building, and any other such enclosed facilities as the City may acquire. 2. All City -owned vehicles." SECTION 2. CEQA. The passage of this Ordinance is not a project nor will it have a significant impact on the environment. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have passed this Ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect on the 30th day following the date of its adoption. SECTION 4. PUBLICATION. The City Clerk shall certify to the passage hereof and prior to the expiration of fifteen days after the date of its adoption, shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation and circulated in the City of Hermosa Beach, California. PASSED, APPROVED AND ADOPTED THIS day of , 1993. PRESIDENT OF THE CITY COUNCIL and MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY May 5, 1993 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council May 11, 1993 EXTENSION OF AUDIT CONTRACT FOR FISCAL YEARS 1992-93, 1993-94 Recommendation: It is recommended that the City Council extend the existing contract with Coopers and Lybrand for fiscal years 1992-93 and 1993-94, as allowed by the contract and the Administrative Memorandum for Professional Services. Background: A Request For Proposal (RFP) for the annual financial audit was issued in April 1990. The Finance Director and the City Treasurer reviewed the proposals, conducted interviews and recommended the firm of Coopers and Lybrand as the most qualified firm. On May 22, 1990, the City Council awarded a three year audit contract, with an option to extend for two additional years, to Coopers and Lybrand. Analysis: Coopers and Lybrand, as our independent auditors, perform the annual financial audit and assist in preparation of the Comprehensive Annual Financial Report (CAFR). The auditors also perform the single audit (for federal grant funds), a review of the Annual Gann Appropriation Limit and, beginning in 1992-93, an audit of Asset Forfeiture and AQMD Funds as required by law. Extension of the contract is recommended for the following reasons: With the City Council's approval of the Data Processing sub -committee recommendation at the last Council meeting to select new finance software, retention of the auditors will provide continuity and allow staff to focus on software conversions. Since the auditors are familiar with both our accounting procedures and software programs, the transition to new software should be easier and the auditors more able to make meaningful recommendations regarding procedures. Selection of new auditors at this time would create a learning curve which would require a lot of staff and auditor time just to familiarize the auditors with our procedures and current data processing system. Coopers and Lybrand's approach to last three audits has been comprehensive and professional. The audit and production'of financial statements makes a significant 1 1 m impact on the workload in the Finance and Treasurer's office; the auditors have made a great effort to minimize the intrusion and have been very flexible, while still performing a comprehensive audit and producing a high quality product. With the firm's assistance, the City has received recognition for excellence in financial reporting from both the state and national Finance Officers professional organizations for the past three years. - The auditors have been very accessible throughout the year and have provided information and advice on a variety of issues. - Coopers and Lybrand offer three levels of governmental accounting classes during the year for their personnel. Our staff has been allowed to participate in these classes at no cost and has found them extremely beneficial, particularly since few training dollars exist in the budget. Staff members are scheduled to attend classes again in May, June and September. The previous City Treasurer, Gary Brutsch, concurred in this recommendation as does the new Treasurer, John Workman. Fiscal Impact The three year contract for years 1990-92, contained a 5% annual inflator, with the 1992 cost at $24,250. Coopers and Lybrand proposes the same 5% increase for the extension or a 1992-93 price of $25,463. Based on 700 annual hours, the hourly cost is $36.38, which seems very reasonable, particularly in light of the new software installations. Viki Copeland Finance Director Concur: Workman ty Treasurer /E). Frederick R. Ferrin City Manager Note: Neither the partner or audit manager assigned to our account can attend the Council meeting due to surgery and a scheduling conflict,.however they are available by phone. The existing contract and proposal are available in the Finance Department. Coopers &Lybrand April 9, 1993 certified public accountants 350 South Grand Avenue Post Office Box 17919 Los Angeles, Ca 90071-3405 City Council City of Hermosa Beach Civic Center, 1315 Valley Drive Hermosa Beach, California 90254-3885 Attention: Viki L. Copeland Ladies and Gentlemen: telephone (213) 356-6000 facsimile (213) 356-6363 Coopers & Lybrand has been asked to provide a fee for the extension of our audit contract for the year ending June 30, 1993. We originally committed to a fee increase that was the lesser of 5% or the current year's CPI for the Los Angeles area. For fiscal year 1993, the CPI was 3.5%, thus increasing the audit fee from last year to $25,099. However, we are proposing an increase of 5% for a fee of $25,463 to allow .for the additional costs of documenting your new accounting software. We are requesting this small increase since we are very familiar with you current system and the learning curve for the new system will be minimal. Coopers & Lybrand look forward to a continuing relationshipwith the City. If you require any additional information, please call me. Sincerely, NANCY E. SHELMON NES:ar Coopers & Lybrand is a member firm of Coopers & Lybrand (International) -:; • May 3, 1993 City Council Meeting May 11, 1993 Mayor and Members of the City Council ORDINANCE NO. 93-1086 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO THE RECONSTRUCTION OF NONCONFORMING STRUCTURES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Submitted for adoption is Ordinance No. 93-1086, relating to the above subject. At the meeting of April 27, 1993, this ordinance (which had been initially introduced on March 9 and then continued from the subsequent meetings of March 23 and April 13) was presented to Council for consideration, was amended to delete Section I.A.1. (from the top of page 2), and was then re -introduced by the following vote: AYES: NOES: ABSENT: ABSTAIN: Concur: NZ/LC.0444j Benz, Edgerton, Essertier, Midstokke Mayor Wiemans None None Frederick R. Ferrin, City Manager. Elaine Doerfling,UCity Clerk 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 ORDINANCE 93-1086 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 13-6, PERTAINING TO THE RECONSTRUCTION OF NONCONFORMING STRUCTURES AND THE ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on March 9 1993, to consider the recommendation of the Planning Commission to amend Section 13-6 and to receive oral and written testimony and made the following Findings: A. Rules regarding the reconstruction of nonconforming residential buildings should be written to respect individual property rights and the right for individuals and families to restore damaged homes while at the same time encourage and require rebuilding to conform with current codes when appropriate; B. Section 13-6 currently allows rebuilding only if damage does not exceed 50% of the replacement cost of the entire buildin without exception, which is overly restrictive; C. An environmental assessment has been conducted, and the proposed amendments have been found to qualify for environmental negative declaration. NOW, THEREFORE, the City Council of the City of Hermos Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION I: Amend Section 13-6 to read as follows: "Reconstruction of a damaged nonconforming building A. A nonconforming building damaged -to the extent of no more than fifty (50) percent of reasonable replacemen cost at the time of its destruction by fire, explosion, or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of suc building or part thereof which existed at the time o such partial destruction may be continued subject to al other provisions of this article. - 1 - 1 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 B. A nonconforming building damaged more than fifty (50) percent of reasonable replacement cost at the time of its destruction by fire, explosion, or other casualty o Act of God, or the public enemy, shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming occupancy or use of such building shall not be resumed. 1. Exceptions: Nonconforming residential buildings located in residential zones may be restore• whatever the extent of the damage if approved by the Planning Commission based on the guidelines set forth below; provided that the rebuilt structure is made as conforming as possible in terms of parking standards and/or other zoning standards such as setbacks; and further provided there is no increase in any nonconformity. a) The density of the buildings or buildings on site does not exceed forty-five (45) units per acre b) The height of the building or buildings does not exceed twenty (20) percent more than permitted by the zone in which it is located; c) The basic structural features, setbacks, floor area, room sizes can be duplicated in compliance with currentbuildingand safety codes d) The cause of the destruction is not intentional through arson or other means C. The extent of damage or partial destruction shall b based on the ratio of the estimated cost of restorin• the structure to its conditions prior to such, damage or partial destruction to the estimated cost of duplicatin• the entire structure as it existed prior thereto. Estimates shall be, made or shall be. reviewed an• approved by the Director of Building and Safety and shall be based on the International Conference of Building Officials data. D. Disputes as to the interpretation of the provisions of this Section or any requested waiver of sub -section B(1) for residential structures in residential zones shall b heard and resolved by the Planning Commission, subjec to appeal to the City Council. The sub -section B.1(d) cannot be waived. E. If damage to structures is so widespread throughout th city due to a major emergency (such as a earthquake o citywide fire) that the City Council or other governmen authority declares a State of Emergency, this Sectio will be superseded by any action of the City Counci taken at that time in regards to reconstruction of damaged buildings." 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 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 an• circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this day of 1993, by following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City o Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY p/ccrsnon W4-L. � ,rise-� RECEIVED MAY 0 3 1993 CITY MGR. OFFICE April 27, 1993 The Honorable Mayor and City Council City Of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Subject: Grad Night Donation Reference: Graduating Class of '93 Redondo Union High School Your honors, We respectfully request that we be added to your May 11 agenda so that we may make a brief presentation on behalf of the RUHS Class of '93. And, if it is not to inconvenient, that we be placed early on the schedule, as several of our participants must still meet their educational responsibilities (homework). We thank you for your consideration. Sincerely, Gar oe Mark t..../:/;# (Trustee, South Bay Union High School District) Hermosa parent representative - Grad Night Committee (379-2503) 4a SA-tAiL-ef-A-ek May 4, 1993 TO: CITY COUNCIL FROM: PLANNING COMMISSION RE: RU/DAT IMPLEMENTATION -PIER AVENUE CLOSURE In keeping with the RU/DAT proposal to close Pier Ave west of Hermosa Ave up to Beach Drive, the Planning Commission is suggesting that the City schedule an ongoing event for Pier Avenue that would entail the closing of the street on a trial basis. This event could be weekly or monthly and would provide the City with the needed experience and insight into the problems that might be created by the street closure. As a first step, perhaps the City could approach the Chamber of Commerce and ask if they would be interested in moving the green market from its present location to Pier Avenue. The City could close Pier Ave, west of Hermosa Ave up to Beach Drive, leaving Beach Drive open for through traffic. The potential benefits to the city could be: The market is a successfully nm event, drawing people from Redondo, Manhattan and Torrance. This would locate the event on a business street where other merchants might be able to benefit from the increased pedestrian traffic. The merchants might also benefit from green market customers returning to their businesses during the week and on weekends. This could help in changing the image of the street. The experience and knowledge gained by this once a week closure could provide valuable insight into the potential problems that would be created if the City were to consider permanent closure of the street. 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Cr / 76/y7117r AreSOPI 77 -/b -s5-- Ak6-7% Ajo-r. cosT.N Timor A(.1/911-ARZT) 7214/u (Arner guGGE.-s-r ticar t,ott.C; 6-b—( A pi7/0o- cslb f b-spio ....z., 7D 77-15-6-772vonty077.,./OF .mtitPws(w CAUS; A's 7,1 4i127--ijr o(Alkirit.,1 oci _Co -('771f- i 5 Aiv.k (1oc7 - - 4()-- Al pc ti go-Aot Rbstisb-N7s JHo t . 4 747. 14 iii C t Sr 5"-: SKV.V6)\ 4C -;;58--T As „..:, •- 1 5 /C • m itl 6 1 Ale tfre 6'7 Y * 17 _-* g14 S1.18 a4ZIA 0 Lfti letnb).A\R-A-- 7 -yrs L1;7717-2 a/tdsiik _ T7aA) r VP( OVA11-‹ FA T& Page/e -Z 21 6-'677 6 tiCtrol 4, • ,' / -$ 22 23 • F. 24 '25 REDIFORK 476 POLY PAK (50 Sets) 4P476 r7:957 , - ' 6-x-4 24e-e-Lo)00--ticArx, M 4, 199 Regular Meeting of Honorable Mayor and Members of the Hermosa Beach City Council SUBJECT: LOCATION: APPLICANT: May 11, 1993 CONDITIONAL USE PERMIT - CUP 92-35 (AMORTIZED) 544 PACIFIC COAST HIGHWAY - "FANTASY ARCADE" RICHARD PAPILLON 900 ESPLANADE BLVD REDONDO BEACH, CA 90277 APPELLANTS: MAYOR WIEMANS AND COUNCILMEMBER EDGERTON PURPOSE: TO RECONSIDER THE PLANNING COMMISSION DECISION TO AUTHORIZE AN ADULT BUSINESS (BOOKSTORE AND THEATER/ARCADE) SUBJECT TO CONDITIONS Recommendation Staff and Planning Commission recommend approval of the Conditional Use Permit, subject to the conditions as contained in the attached Planning Commission resolution. Staff Alternative Approve the conditional use permit with a modification to limit the hours from 7:00 A.M. to 2:00 A.M. and adopt the appropriate findings. Background At their meeting of April 6, 1993, approved the C.U.P. subject to several the operation of the business and to changes to the interior layout. the Planning Commission conditions in..regards to require improvements and For further background please refer to the attached Planning Commission staff report. Analysis The C.U.P. would authorize the continued use of a portion of the property for an adult bookstore and theater/arcade, subject to conditions. This business was established prior to the December 1986 revision of the Zoning Ordinance that established the requirement for C.U.P.'s for adult businesses in the C-3 zone. Thus this request was required to be submitted in accordance with the amortization ordinance. CURRENT FEATURES OF THE BUSINESS Adult book store and cashier in the front of the business - 1 - 19 individual video viewing booths length lockable doors, not visible - Booths 5 through 19 are created partitions. PROPOSED INTERIOR MODIFICATIONS towards the rear with full from cashier out of temporary removable - Standard book store and separate "adult" area in rear Reposition the cashiers desk to allow full view patrons entering and exiting the viewing rooms. of the Reduce to 4 individual viewing booths and one large video viewing room - Doors on booths to be half -doors, not lockable - Removal of any outdoor signage or advertising displaying "adult" messages These proposed modifications are the result of recent discussions of the applicant with the Police Department. OPERATING CONDITIONS In addition to the above conditions requiring changes to the interior, the P.C. adopted C.U.P. contains conditions related to the operation of the business which include requirements for the following: - Fully and brightly lighted interior - Only one individual per viewing booth - The use of surveillance cameras - Management and supervision to prevent lewd activity - Review after one year to determine if hours limitations should be imposed The Acting Police Chief has indicated support of these changes as it would make it much easier for officers, upon entry,to see the entire interior. Further it significantly reduces the number of individual booths which have been the source of most of the problems. The applicant has not objected to the proposed conditions and improvements as recommended. While staff recognizes that this business has been a nuisance and the source of several problems and violations, staff does not believe this business can be abated or severely restricted as part of the C.U.P. amortization process. Attempts to abate the business are more appropriately carried out in accordance with Municipal Code Section 17-21: Revocation and Suspension of Business Licensees, based on a public nuisance, or failure to exercise reasonable efforts to prevent customers from violating laws. Also, even though a new adult ordinance has been adopted, not all the conditions of that ordinance can necessarily be applied. For example, the adult ordinance would require limiting hours on a new business to between 10:00 A.M. and 10:00 P.M. Staff discussed this issue with the Police Department and City Attorney and for the following reasons hours limitations were not recommended to be retroactively imposed on this business: In the police records, violations occurred throughout all hours of the day; there is no strong connection that limiting or eliminating late night hours would reduce problems and/or violations. - The business owner strongly objects to limited hours, as it might force him to close, raising possible legal objections to the C.U.P., and reducing chances for any improvements - If early hours for closure were applied on this business, the same would probably have to be applied to the other existing adult business, and cause more costly legal opposition The Planning Commission did include a condition for a one year review to look at hours of operation if the nuisance violations are not reduced. A possible finding for limiting hours, pursuant to staff's alternative recommendation, may be that nuisances, violations, and the potential police response to violations are more disrupting to nearby residents during the otherwise quieter periods in the late night and early morning hours. For further analysis, including a discussion of past complaints and violations please refer to the attached Planning Commission staff report. CONCUR: Michael Schubach Planning Director Frederick R. Ferrin City Manager Attachments: lam`• Associate Planner obeli. on 1. Proposed Resolution to sustain the Commission's decision 2. Alternative Resolution with modified condition 3. P.C. Minutes 4/6/93 4. P.C. Resolution 5. P.C. staff Report, with attachments 6. Public Notice Affidavit p/pcsr544 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 •. 19 20 21 22 23 24 25 26 27 28 RESOLUTION 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR AN EXISTING ADULT BUSINESS (ADULT BOOKSTORE AND ADULT THEATER/ARCADE), SUBJECT TO CONDITIONS, AT 544 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 15 CAMINO REAL TRACT WHEREAS, the City Council held a public hearing on May 11, 1993, to reconsider the decision of the Planning Commission to grant a conditional use permit for an existing adult business, subject to conditions, as set forth in P.C. Resolution 93-23, and to receive oral and written testimony on the matter, and; WHEREAS, after considering the recommendation and findings of the Planning Commission, and the testimony at the public hearing, the City Council agrees with the Planning Commission, and agrees with the findings of the Planning Commission, as contained in P.C. Resolution 93-23, which are hereby incorporated by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach, California, does hereby sustain the decision of the Planning Commission to approve a Conditional Use Permit to authorize an adult business at 544 Pacific Coast Highway subject to conditions as contained in P.C. Resolution 93-23, which is hereby incorporated by reference. PASSED, APPROVED, and ADOPTED this day of 1993. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:. APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 4 p/ccrs544 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 ALTERNATIVE RESOLUTION 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A CONDITIONAL USE PERMIT WITH CONDITIONS, AS MODIFIED, FOR AN EXISTING ADULT BUSINESS (ADULT BOOKSTORE AND ADULT THEATER/ARCADE) AT 544 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 15 CAMINO REAL TRACT WHEREAS, the City Council held a public hearing on May 11, 1993, to reconsider the decision of the Planning Commission to grant a conditional use permit for an existing adult business, subject to conditions, as set forth in P.C. Resolution 93-23, and to receive oral and written testimony on the matter, and made the following findings; A. The applicant is requesting a conditional use permit for an existing adult business, including an adult bookstore and adult theater/arcade; B. The inherent nature of adult businesses are recognized as having potentially objectionable and deleterious operational characteristics; C. The regulation of adult business operations and locations is in the interest of the general public health, safety, and welfare; D. The subject adult business has a past history of being conducted in an immoral and disorderly manner and the owner has failed to exercise reasonable efforts to maintain order among the customers and to prevent violations of the Civil Code for lewd and lascivious acts; E. The conditions and required interior modifications as set forth below, are necessary to prevent illegal and immoral acts from continuing to occur on the premises and in the vicinity, and will serve to mitigate the potential threat to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 the public safety and welfare to the maximum possible; F. The recommended conditions of the Planning Commission need to be modified to include a condition limiting the hours of operation is because nuisances, violations, and the potential police response to violations are more disrupting during the otherwise quieter periods in the late night and early morning hours; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit to allow the adult business at 544 Pacific Coast Highway subject to the following: SECTION I (CONDITIONS OF APPROVAL) Standard Operating Conditions 1. Clearly visible signs shall be posted at all entrances to the adult areas stating "Adults Only - No Minors Permitted" or equivalent wording. 2. All building openings, entries, and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors. 3. The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible upon entrance, and so that any patron, even the in the viewing area is also easily visible to anyone walking through the premises. 4. No alcoholic beverages shall be sold or consumed on the premises and appropriate notification of this restriction shall be displayed on the premises. 5. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from exterior areas, and such displays shall be considered signs. 6. No loudspeakers or sound equipment shall be used on the premises that can be discerned from exterior areas. 7. Outdoor signs or similar displays showing nude bodies, topless or bottomless female bodies, or bottomless male bodies shall be prohibited. 8. The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. 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 9. No home delivery of any materials that are distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities. 10. The exterior and interior of the premises shall be maintained in a neat and clean manner at all times. 11. All signs must comply with the City Sign Ordinance. Proper sign permits shall be obtained from the Department of Building and Safety. 12. A manager or employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. (a) The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions. Site Specific Conditions 13. The final floor layout shall be substantially consistent with submitted plans identified as the "proposed layout of the business", revised in accordance with the conditions below, and shall be implemented within sixty (60) days from the date of approval of this resolution. Any minor modifications to the plan shall be reviewed and may be approved by the Planning Director. 14. The number of film or video viewing machines or booths shall not exceed five machines with a maximum of four (4) individual viewing booths, and one large video viewing room. 15. There shall be only one individual per viewing booth at a time with appropriate signage indicating this condition. 16. There shall be a maximum of 15 people allowed in the large viewing room and appropriate signage indicating this condition. 17. Doors or other similar closable screens on, individual video or film viewing .booths shall at most be half doors, without locks, with the bottom half open, to make any patron visible to the employee on the premises, while no door shall be permitted at the entrance to video viewing room. Adjacent viewing booths must be separated by permanent walls with no holes or gaps to allow human contact or viewing into the adjacent video booth. 18. All exterior signage shall not indicate XXX or pornographic references. 19. The four (4) surveillance cameras shall be maintained and in operational order. 20. The side exit door shall be maintained free and clear to ensure fire and safety standards. 21. The business shall provide adequate management and supervisory techniques to prevent lewd and lascivious acts, • and any other loitering, loud, boisterous, or illegal activity of patrons inside the business or in the immediate area. 22. A trash enclosure shall be provided with a minimum 5 -foot high masonry enclosure and view obscuring gate in accordance with Building Department requirements. (permits shall be obtained from the Building Department prior to construction) 23. A revised floor plan and site plan shall be submitted to the satisfaction of the Planning Director within 30 days from the date of approval of this resolution indicating the following: (a) Fixed seating in the large video viewing room with a maximum of fifteen (15) . (b) location and size of proposed trash enclosure (c) typical site dimensions and floor area dimensions 24. The exterior of the buildings on site shall be repaired and repainted. 25. The police chief may determine that a continuing police problem exists and may require at all times the presence --of a police approved doorman and / or security personnel paid by the business. 26. The number of complaints shall be reviewed after one (1) year to determine if the revocation process should be initiated. 27. The hours of operation shall be limited to the hours between 7:00 A.M. and 2:00 A.M daily. SECTION II This grant shall not be effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are aware of, and agree to accept, -all of the conditions of this grant. The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning Department. Each of the above conditions is separately enforced, and if any of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense.. If the City fails to promptly notify the -g - 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 permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend; indemnify, or hold harmless the City. The permittee shall reimburse the City for any court .and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. SECTION III Any violation of the conditions of approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for the revocation of the Conditional Use Permit. The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. PASSED, APPROVED, and ADOPTED this day of 1993. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: p/ccrs544a CITY CLERK CITY ATTORNEY CUP 92-35 -- CONDITIONAL USE PERMIT TO AUTHORIZE AN EXISTING ADULT THEATER AND BOOKSTORE AT 544 PACIFIC COAST HIGHWAY, FANTASY ARCADE. P.C. Minutes 4-6-93 Recommended Action: To approve said Conditional Use Permit. Mr. Schubach noted this business was a currently existing business which may be regulated, but not prohibited (according to the City Attorney). Mr. Schubach stated the conditions were in an effort to mitigate problems that had occurred in the past and then detailed those recommended conditions. He noted the elimination of 15 booths and the implementation of a "theater" seating arrangement, stating the intensity was not being increased. The Police Dept. felt this was a better arrangement than the current one. Staff recommended the remaining four booths have "half doors" rather than the current full-sized ones. Mr. Schubach agreed with Comm. Suard's suggestion that Item 17 be revised to read, "the plan should be submitted in 30 days, with implementation of the plan being 60 days" and add a condition limiting the booths to only one person. Comm. Suard suggested that a repeat of violations or problems shall automatically initiate another Hearing of this C.U.P. Mr. Schubach caution- ed the Commission, noting this business was a protected use. Comm. Oakes discussed the depth of the four remaining booths and suggested two exits be located in the theater area. Chmn. Di Monda discussed the parking requirements for theaters with Mr. Schubach. Public Hearing opened by Chmn. Di Monda at 8:20 p.m. Richard Papillon, 900 Esplanade Blvd., stated there were three lots involved: 544 and 536 Pacific Coast Highway and 816 6th Street. The third lot was not shown in the report. He stated he had a four-year lease with the adjacent car lot and noted he had six tandem parking spaces in his driveway. He described his efforts to change the store's image and mitigate the alleged problems experienced by reducing the number of booths, establishing a viewing room, stucco the outside of the building, remove the signage and replace it with a. sign saying, "Papillon's - best sellers, comics, videos", turning the front portion to a bookstore type of establishment (open to the general public) and the back portion will be have a partitioned and a requirement that anyone entering that area must be 18 years of age. Removal of the booths will assist the Police Dept. during inspections. The cashier's cash will be placed in an area with direct view of the booths and entrance to the theater. He requested suggestions from the Commission and noted four surveillance cameras would be placed within the building interior. Steve Barrer, 726 Bayview, urged consideration that this type of business is a "freedom -of -choice" issue. He felt unruly drivers late at night were the biggest_problem. He urged the changes discussed by Mr. Papillon be considered and the C.U.P. be approved. P.C. Minutes 4-6-93 Richard Sullivan, Hermosa Beach, spoke in opposition to approval of this C.U.P. He felt both existing businesses of this type in the City were "bad". He felt that the four booths were not needed, the theater should have adequate exits and fire protection. Mr. Sullivan suggested the red strips be removed from the street, which would provide two more parking spaces. Patricia Spiritus, 115 Longfellow, thanked the applicant for his awareness of the problems, his efforts to correct the existing problems and felt he should be applauded for his efforts to replace the objectionable signage. She felt he had definitely made efforts to cooperate with the City. Acting -Police Chief Val Strauser defined the previous number of arrests during the previous two year period which included insidious conduct and were a result of calls placed by both residents and the employees. He explained the history of the area and this business. He felt the fact that currently the owner let other people operate the business had resulted in the recent problems. He had talked with Mr. Papillon about his current plans for improvement and felt this was a "step forward". The Police Dept's major concern was the amount of booths and the ability for the cashier to properly supervise the location and suggested a video camera be placed in the theater area and facing the doors to the booths. He approved the proposed plans. No one else wished to speak regarding this item, and at 8:50, Chmn. Di Monda closed the Public Hearing. Comm. Oakes agreed the applicant was making an effort to make his business community friendly. Comm. Merl suggested a video security system should be made as a condition of approval. Comm. Suard suggested two exits within the theater area be made a condition, to which Chmn. Di Monda agreed. Churn. Di Monda felt that restriction of hours to comply with the new Ordinance would decrease the problems experienced by the Police Dept. (since most of the problems happened during the night-time hours). Comm. Oakes preferred the hours of opera- tion be changed only if there are continuing problems. Mr. Schubach stated Staff could review the number of complaints received and present this report to the Commission on a one-year review basis. MOTION by Comm. Suard, seconded by Comm. Merl, to APPROVE CUP 92-35 with the following correction and additions: "standard" be correctly spelled, and Item 17 is to be changed from 60 days to 30 days, and the addition of (1) the standard Police provision requiring a security clause, (2) the hours of operation can be limited if problems arise [standard condi- tion, and to be based upon the Planning Director's discre- P.C. Minutes 4-6-93 tion], (3) viewing booths will be limited to one person only, (4) the Ordinance verbiage regarding the number of violations which automatically starts the revocation of the C.U.P. process, (5) a sign in the theater area will stipulate a maximum capacity of 15 persons be installed, (6) two exits are required within the theater room, (6) video surveillance will be in place for the theater and booths, (7) the doors to the booths will be unlockable type, (8) the sign is to be changed, eliminating any "triple X" or pornographic reference and (9) the standard condition relating to interior signage which states, "adults only" shall be changed to require placement of such signs at all entrances to the adult areas.' AYES: Comms. Marks, Merl, Oakes, Suard, Chmn. Di Monda NOES: None ABSENT: None ABSTAIN: None Chmn. Di Monda stated this item was APPROVED, subject to appeal to the City Council within 10 days from the date of this meeting. ARING SS 9 2 -- PARKING STUDY IN DOWNTOWN, PART I Recommen d Action: To direct Staff as deemed appro• fate. Mr. Schubac stated this item was Part I • a downtown improvement s ategy report, noting and d ailing Staff's accumulation of - ggestions for improvement •f parking in the downtown area. H- stated Staff was see ng input from the Commission. Comm. Marks requested esentati meeting: (1) a resume (in udin Hermosa Ave. at the yell previous parking structur explanation of the Parking at the next scheduled nnual income) of parking on ---inted post, (2) copies of studies and plans (3) an ommi -ion's duties. Hearing opened by Chmn 'i Monda at ••03 p.m. Jerry Newton, 2' Circle Drive, P. king Commissioner, explained the ties and responsibiliti:s of the Public Parking Commi- ion, defining those duties .s "parking lot operators f•. lots A, B, C & H". He noted any .ction taken by the Co ssion required City Council app oval. The Commiss'•ners were primarily business people, with •usinesses locat -. within the geographic boundaries of the parking dis ict. He stated the Commission had recently restri•-d the 1, s, resulting in an additional 60-70 parking spaces. 'Mr. Newton discussed the potential of building a structure on t P.C. Minutes 4-6-93 DRAFT MINUTES OF THE PLANNING COMMISSION MEETING OF THE CITY OF HERMOSA BEACH HELD ON MAY 4, 1993, AT 7:00 P.K. IN THE CITY HALL COUNCIL CHAMBERS Meting called to order at 7:03 p.m. by Chmn. Di Monda Plea of Allegiance led by Comm. Oakes. Present:Comms. Di Monda, Marks, Oakes, Suar•, Chmn. Merl Absent: None Also Present \ Michael Schubach, Planning Direct dward Lee, City Attorney lvia Root, Recording Secreta CONSENT c,ALENDAR MOTION by Comm. Suar seconded by Comm Oakes, to APPROVE the following Consent Cale dar items: Minutes of April 6, 1993 Resolution P.C. 93-13, A RESO,LUTIsN OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA B H, CALIFORNIA, APPROVING AN AMORTIZED CONDITIONAL USE P IT ON PROPERTY KNOWN AS 620 PACIFIC COAST HIGHWAY, WASH- -WA COIN -OP CAR WASH Resolution P.C. 93-14, A , SOLUTIO OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL ySE PERMIT, TO \ALLOW A RESTAURANT AND COFFEE HOUSE WITH LESS THAN REQUIRED 'BARKING; AND TO ALLOW ON -SALE BEER AND WINE, OUTSIDE DINING, AND NON -AMPLIFIED LIVE ENTERTAINMENT IN C &JUNCTION WITH SAID RESTAURANT AND COFFEE HOUSE IN AN EXIS NG BUILDING, AND ADOPTION OF AN ENVIRON- MENTAL NEGATIVE CLARATION AT 1312 HERMOSA AVENUE Resolution P.O' 93-22, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY' OF HERMOSA BEACH, CALIFORNIA, APPROVING. AN AMORTIZED CONDITIONAL USE PERMIT FOR AN EXISTING AUTO DEALER- SHIP, INCLUDING AUTO SALES, AND AUTO BODY AND PAINTING AT 26 PACIFIC OAST HIGHWAY, SOUTH BAY NISSAN. AYES: Comms. Marks, Merl, Oakes, (Ward, Chmn. Di Monda NOES, None ABSENT: None A9BTAIN: None Chmn. Di Monda pulled Resolution P.C. 93-23, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFOR- NIA, APPROVING A CONDITIONAL USE PERMIT FOR AN EXISTING ADULT 114 P.C. Minutes 5-4-93 11, FT BUSINESS (ADULT BOOKSTORE AND ADULT THEATER/ARCADE) AT 544 PACIFIC COAST HIGHWAY, noting he -had not been aware that approval was being given for 24-hour business operation. He wished the records to reflect his vote asa negative one if approval of this Resolution was not reconsidered. He stated he had been of the opinion a closing hour of 10:00 p.m. had been discussed and included in the Resolution. Mr. Lee noted a Code provision allowing modification of the previously -approved C.U.P., for which renotification of hearing would be required. Wilma Burt, Hermosa Beach, requested the Commission discuss with the City Manager the fact that the Supreme Court recently determined that small cities need not provide provisions for porno shops. MOTION by Chmn. Di Monda, seconded by Comm. Merl to postpone adoption of Resolution P.C. 93-23, pending receipt of a written opinion from the City Attorney relating to reconsid- eration of this item. AYES: NOES: ABSENT: ABSTAIN: Comms. Marks, Merl, Oakes, Suard, Chmn. Di Monde None None None 0, WRITTEN COMMUNICATIONS Noted wa= correspondence from Messrs. Howell and Sullifvgn. No one wis to address the Commission regarding subject no included i the agenda. PUBLIC HEARINGS CUP 93-12 -- CONDITIONAL .=E PERMIT FO IL DEVELOPMENT AT THE CITY YARD, 555 6TH STREET, D OIL, IPELINE FROM 6TH STREET SOUTH TO HERONDO STREET ON V RIVE, TEXT 93-5/93-6 -- TEXT AMENDMENT TO •IL CODE REGARDING GRADE DEFINITION, AND TO ZONING -'ORDINANCE -'CARDING FENCING AND BARBED WIRE REQUIREMENTS /IN CONJUNCTION W OIL DEVELOPMENT and 0-3 -- ADDENDA7T0 THE ENVIRONMENTAL IMPACT REPORT F EXPLORATION D PRODUCTION FROM AN URBAN DRILLSITE: i) TEMPORARY CITY YARD 'ii) DEPTH OF BASIN AND HEIGHT OF TANKS ii FENCING PERIMETER LANDSCAPING v) THE OIL P.C. Minutes 5-4-93 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 P.C. 93-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN EXISTING ADULT BUSINESS (ADULT BOOKSTORE AND ADULT THEATER/ARCADE) AT 544 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 15 CAMINO REAL TRACT WHEREAS, the Planning Commission held a public hearing on April 6, 1993, to receive oral and written testimony regarding a Conditional Use Permit at 544 following findings: A. The applicant is requesting a conditional use permit for an existing adult business, including an adult bookstore and adult theater/arcade; B. The inherent nature of adult businesses are recognized as having potentially objectionable and deleterious operational characteristics; C. The regulation of adult business operations and locations is in the interest of the general public health, safety, and welfare; D. The subject adult business has a past history of being conducted in an immoral and disorderly manner and the owner has failed to exercise reasonable efforts to maintain order among the customers and to prevent violations of the Civil Code for lewd and lascivious acts; E. The conditions and required interior modifications as set forth below, are necessary to prevent illegal and immoral acts from continuing to occur on the premises and in the vicinity, and will serve to mitigate the potential threat to the public safety and welfare to the maximum possible; Pacific Coast Highway and made the NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Hermosa Beach, California, does hereby approve a Conditional Use Permit to allow the adult business at 544 Pacific Coast Highway subject to the following: - ��— 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION I (CONDITIONS OF APPROVAL) Standard Operating Conditions 1. Clearly visible signs shall be posted at all entrances to the adult areas stating "Adults Only - No Minors Permitted" or equivalent wording. 2. All building openings, entries, and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors. i;hAFT 3. The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible upon entrance, and so that any patron, even the in the viewing area is also easily visible to anyone walking through the premises. 4. No alcoholic beverages shall be sold or consumed on the premises and appropriate notification of this restriction shall be displayed on the premises. 5. Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from exterior areas, and such displays shall be considered signs. 6. No loudspeakers or sound equipment shall be used on the premises that can be discerned from exterior areas. 7. Outdoor signs or similar displays showing nude bodies, topless or bottomless female bodies, or bottomless male bodies shall be prohibited. 8. The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. 9. No home delivery of any materials that are distinguished or characterized by the depiction or description. of specified anatomical areas or specified sexual activities. 10. The exterior and interior of the premises shall be maintained in a neat and clean manner at all times. 11. All signs must comply with the City Sign Ordinance. Proper sign permits shall be obtained from the Department of Building and Safety. 12. A manager or employee who is aware of the conditions of this conditional use permit shall be on the premises during business hours. (a) The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions. Site Specific -Conditions 13. The final floor layout shall be substantially consistent with submitted plans identified as the "proposed layout of the —1'l-- 1 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 business", revised in accordance with the conditions below, and shall be implemented within sixty (60) days from the date of approval of this resolution. Any minor modifications to the plan shall be reviewed and may be approved by the Planning Director. 14. The number of film or video viewing machines or booths shall not exceed five machines with a maximum of four (4) individual viewing booths, and one large video viewing room. 15. There shall be only one individual per viewing booth at a time with appropriate signage indicating this condition. 16. There shall be a maximum of 15 people allowed in the large viewing room and appropriate signage indicating this condition. 17. Doors or other similar closable screens on individual video or film viewing booths shall at most be half doors, without locks, with the bottom half open, to make any patron visible to the employee on the premises, while no door shall be permitted at the entrance to video viewing room. Adjacent viewing booths must be separated by permanent walls with no holes or gaps to allow human contact or viewing into the adjacent video booth. 18. All exterior signage shall not indicate XXX or pornographic references. 19. The four (4) surveillance cameras shall be maintained and in operational order. 20. The side exit door shall be maintained free and clear to ensure fire and safety standards. 21. The business shall provide adequate management and supervisory techniques to prevent lewd and lascivious acts, and any other loitering, loud, boisterous, or illegal activity of patrons inside the business or in the immediate area. 22. A trash enclosure shall be provided with a minimum 5 -foot high masonry enclosure and view obscuring gate inaccordance with Building Department requirements. (permits shall be obtained from the Building Department prior to construction) 23. A revised floor plan and site plan shall be submitted to the satisfaction of the Planning Director within 30 days from the date of approval of this resolution indicating the following: (a) Fixed seating in the large video viewing room with a maximum of fifteen (15) . (b) location and size of proposed trash enclosure (c) typical site dimensions and floor area dimensions 24. The exterior of the buildings on site shall be repaired and repainted. 25. The police chief may determine that a continuing police problem exists and may require at all times the presence of a police approved doorman and]. or security personnel paid by the business. 26. The number of complaints shall be reviewed after one (1) year to determine if the hours of operation should be modified or the revocation process should be initiated. SECTION II This grant shall not be effective for any purposes until the permittee and the owner of the property involved have filed at the office of the Department of Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. The Conditional Use Permit shall be recorded with Los Angeles County, and proof of recordation shall be submitted to the Planning Department. Each of the above conditions is separately enforced, and if any of the conditions of approval is found to be invalid by a court of law, all the other conditions shall remain valid and enforceable. Permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the permittee of any obligation under this condition. The subject property shall be developed, maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. SECTION III Any violation of the conditions of approval and/or violation of the Hermosa Beach Municipal Code may be grounds for a public hearing for the revocation of the Conditional Use Permit. —/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 The Planning Commission may review this Conditional Use Permit and may amend the subject conditions or impose any new conditions if deemed necessary to mitigate detrimental effects on the neighborhood resulting from the subject use. VOTE: AYES: Comms.Marks,Merl,Oakes,Suard,Chmn.Di Monda NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing P.C. Resolution 93-23 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 April 6, 1993. Joseph DiMon'r Chairman Michael Schubach, Secretary Date p/pers536 Honorable Chairman and Members of the Hermosa Beach Planning Commission SUBJECT: LOCATION: APPLICANT: REQUEST: March 30, 1993 Regular Meeting of April 6, 1993 CONDITIONAL USE PERMIT - CUP 92-35 (AMORTIZED) 544 PACIFIC COAST HIGHWAY - "FANTASY ARCADE" RICHARD PAPILLON 900 ESPLANADE BLVD REDONDO BEACH, CA 90277 TO AUTHORIZE AN ADULT BUSINESS (BOOKSTORE AND THEATER/ARCADE) Recommendation Staff recommends that the Planning Commission approve the Conditional Use Permit, subject to the conditions contained in the attached resolution. Background Zoning: General Plan Designation: Site Area: Building Area: Current Use: SPA 7 Commercial Corridor 4400 sq. ft. 1596 sq. ft. Adult Bookstore and Theater/Arcade (also residences on property) Parking: 0 Environmental Determination: Categorically exempt Fantasy Arcade is located on the east side of Pacific Coast Highway between 5th and 6th Streets. The subject location has been an adult business since about 1975. There is also residences located on the subject site. Also, the applicant owns the adjacent property which includes another retail site (536 P.C..H.) which was most recently a newsstand but is now vacant, and additional residences. The commercial uses are nonconforming to parking, and the residential uses are nonconforming uses. Analysis 1 The C.U.P. would authorize the continued use of a portion of the property for an adult bookstore and theater/arcade, subject to conditions. This business was established prior to the December 1986 revision of the Zoning Ordinance that established the requirement for C.U.P.'s for adult businesses in the C-3 zone. Thus this request was required to be submitted in accordance with the amortization ordinance. The business currently includes an adult book store up towards the front, and 19 individual video viewing booths towards the rear. All the viewing booths have full length lockable doors. The booths identified as 5 through 19 are created out of temporary removable partitions. The applicant has submitted both a sketch of his current interior floor plan, and a proposed modification which includes only 4 individual viewing booths and one large video viewing room to replace the temporary booths. Also, the cashiers stand is repositioned to allow full view of the patrons entering and exiting the viewing rooms. This modification is the result of recent discussions of the applicant with the Police Department. The Acting Police Chief supports these changes as it would make - it much easier for officers, upon entry, to see what's happening, and it significantly reduces the number of individual booths which have been the source of so many problems. The large viewing room may actually increase the potential intensity of use and the number of customers, therefore, staff is recommending a maximum of 15 fixed seats, which is equivalent to the number of viewing booths that would be removed. The business has been the subject of numerous complaints and has been the site of several arrests in recent years, largely from "decoy" operations conducted by the joint Hermosa/Redondo Special Investigations Unit. The arrests have been primarily for violations of Section 647(A) of the Civil Code because of lewd and lascivious acts. As a result of these problems the applicant has repeatedly been requested to modify the interior of the business to discourage these acts from continuing to occur, and to avoid abatement proceedings. The interior changes requested include installing half -doors (open on the bottom half) for individual viewing booths; illuminating the area; and relocating the cashier/manager's desk to a location in view of the booths to limit the booths to one customer at a time. Further, the Police Officer most familiar with the history of this business reports general uncleanliness of the interior, and repeated efforts to get the proprietor to repair the walls separating adjacent booths which have holes (this problem was corrected at one time, but the officer reports that the holes are re -appearing). Similar "decoy" operations have been attempted at the other adult business (The Tender Box) but according to the police there has not been any arrests in the last two 'years. Further, the management has been cooperative and provides the appropriate lighting and supervision to prevent illegal activities. Despite all these severe problems and obvious violations at the Fantasy Arcade, the Planning Commission is very limited as to what it can do as part of this C.U.P. amortization process because of the constitutionally protected activities being conducted. Attempts to abate the business would have to be carried out in accordance with Municipal Code Section 17-21, revocation and suspension of business licenses, based on a public nuisance, or failure to exercise reasonable efforts to prevent customers from violating laws. Secondly, even though a new adult ordinance has been adopted, not all the conditions of that ordinance can necessarily be applied. Staff believes, however that there is sufficient evidence on record to support requiring interior modifications as proposed, and the imposition of conditions that would serve to reduce and discourage the continuing illegal activities from occurring. This would include requiring modifications which have been suggested by the Police Department and some related conditions contained in the new adult ordinance. Staff is recommending conditions to require these changes within 60 days. Additionally staff is recommending that applicable operational conditions, which are modified versions of those included in the new adult ordinance, also be imposed. Planning Director Attachments: R R bert n G Associate Planner 1. Proposed Resolution 2. Area Map 3. Site Plan 4. Existing and Proposed floor plans 5. Adult Business Ordinance 6. Photographs 7. Police recorded incidents at the subject location 8. Application 9. Public Notice Affidavit p/pcsr544 BACKGROUND 414TERML FOR PREV. ASSMT. SEE: 4186 - 16 SECOND ADDITION TO CAMINO REAL TRACT TRA HERMOSA BEACH M. B. 3 - 11-12 M. B. 7 - 189 ..; 36: 67 /07 //. kr) VT 4.44\i c c37 TI4C71---,•“=-/NESS • Pe‘t‘CSED occ-r OF SLASINELS 4 1 t • '4=r-"I'x'''," VAUD IOULT Gockt..S t iv% C -Az mCiS fierS kr • '41.mirEK:44,77,17.7",":71''Y ike-G-ULAR. 11 3cb& STORE A111111111111111 ASIA te VirdiNia 'Time-, LIFE s ivy s E. ST SELLGRS ‘jtoEo vt 1 1 1 e C • Aft IIN U T IES F�1` - Pt*, _ 7 VPAMIL-7141.1.,Ztiv., "- vkt&NAN. 19 E wALK _2/7— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.92-1075 AN ORDINANCE OF THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE PROVISIONS ON THE REGULATION OF ADULT BUSINESSES AND ADOPTING AN ENVIRONMENTAL NEGATIVE DECLARATION. WHEREAS, the City Council held a public hearing on September 22, 1992, and made the following Findings: A. The inherent nature of adult businesses are recognized as having potentially objectionable and deleterious operational characteristics; B. The regulation of adult business operations and locations is in the interest of the general public; C. Amendment to the zoning ordinance to regulate adult businesses will not have a significant environmental impact. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain an amendment to the zoning ordinance text as follows, and adopts an environmental negative declaration: SECTION 1. Repeal Sections 263, 264, and 265 ofthe zoning ordinance and replace with the following: Sec. 284. Adult bathhouse. An establishment which provides the services of baths of all kinds, including all forms and methods of, hydrotherapy, during which a regular or substantial portion of the services performed involves the display of specified anatomical areas or the occurrence of specified sexual activities. This definition does not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the State of California. An adult bathhouse is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.1. Adult bookstore. An establishment that has a_regular or substantial portion of its• stock -in -trade distinguished or characterized by 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 specified sexual activities or specified anatomical areas, including, but not limited to, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, slides, ,or other verbal or visual representations that are characterized by a depiction or description of specified sexual activities or specified anatomical areas. An adult bookstore is considered a form of written and visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.2. Adult business. A business establishment in which a "regular or substantial portion" of its stock -in -trade material is specifically intended for the exclusive patronage of adults and/or is precluded from selling such material to minors and/or admitting minors into the premises of the business by Section 313 et. seq. of the California Penal Code. "Regular or substantial portion" is defined as greater than twenty (20) percent of an establishment's stock -in -trade materials -and/or .services offered to patrons, for compensation or some form of gratuity (see Section 285.3). For the purposes of this ordinance, adult businesses shall refer only to those establishments which involve forms of written or visual speech protected by the First Amendment, specifically adult bookstores, adult cabarets, adult motion picture theaters/arcades, and adult newsracks. This definition does not include businesses primarily characterized by activities not protected by the First Amendment, which specifically refers to adult bathhouses, adult massage parlors, adult motels/hotels, outcall services, and sexual encounter establishments. Sec. 284.3. Adult cabaret. A nightclub, bar, restaurant, or similar establishment featuring live performances in which a regular or substantial portion of such performances involve the -.exposure of, specified anatomical areas and/or the depiction ori description of specified sexual activities. An adult cabaret' is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.4. Adult massage. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external genitalia, breasts or buttocks or the human body -with the hands or with the aid of any mechanical, electrical apparatus, or other appliances 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, 4,otion, ointment, or similar preparations. Sec. 284.5. Adult massage parlor. An establishment in which a regular and substantial portion of its services involves adult massages. An adult massage parlor is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.6. Adult motel/hotel. An establishment offering public accommodations, for any consideration or gratuity, in which a regular or substantial portion of the material and/or services provided to patrons is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. An adult motel/hotel is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 284.7. Adult motion picture theater/arcade._ An establishment in which a regular or substantial portion of its stock -in -trade material, including but not limited to films, motion pictures, video cassettes, picture viewing machines, slide projections, or similar photographic, reproductions, features the exposure of specified anatomical areas or the depiction or description of specified sexual activities. An adult motion picture theater/arcade is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.8. Adult newsrack. Any coin-operated machine or device which has a regular or substantial portion of its stock -in -trade material devoted to the depiction or description of specified sexual activities or specified anatomical areas. An adult newsrack is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit. Sec. 284.9. Adult paraphernalia. Any instruments or devices that are designed for use in connection with specified sexual activities, including but not limited to the following: (1) any lotions, ointments, oils or similar preparations primarily intended to induce or enhance sexual arousal through external application; (2) any product for internal consumption that is primarily intended 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to induce- or enhance =sexual arousal; (3) any apparatus depicting the human body and/or specified anatomical areas -intended to induce or enhance sexual arousal; and (4) any apparel primarily intended to accentuate specified anatomical areas in order to induce or enhance sexual arousal. Adult paraphernalia is not a form of speech protected by the First Amendment. Sec. 285. Bathhouse. An establishment which provides hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractoror similar professional licensed by the State of California. If the establishment is not supervised by a licensed medical professional, it shall be defined as an adult bathhouse. Sec. 285.1. Massage parlor. An establishment where a massage, alcohol rub, fomentation, electric ormagnetic treatment, or similar treatment. or ,manipulation of the human body is administered, unless such treatment or manipulation is administered by- a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by. the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similarestablishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Sec. 285.2. Outcall service. An establishment in which a regular or substantial portion of the services provided involves individuals leaving the premises upon request or by appointment. to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.. An outcall service is not a form of speech protected by the First Amendment and is not a permitted adult use in the City. Sec. 285.3. Regular or substantial portion. As used herein, regular or substantial portion refers to greater than twenty (20) percent of an establishment's stock -in -trade materials and/or services offered to patrons, for compensation or some form of gratuity. Sec. 285.4. R -Rated As used herein, R -Rated refers to any materials or services which .include the display of specified anatomical areas but 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 C not the depiction or description of specified sexual activities. Sec. 285.5. Sexual encounter establishment. An establishment in which a regular or substantial portion of the materials and/or services provided involves, for any form of consideration or gratuity, public accommodations which provides a place where two or more persons may, congregate, associate, or consort for the purpose of engaging, in specified sexual activities or the exposure of specified) anatomical areas. This definition does not include ani establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the, State engages in sexual therapy. A sexual encounte establishment is not a form of speech protected by the Firs Amendment and is not a permitted adult use in the City. Sec. 285.6. Specified anatomical areas. As used herein, specified anatomical areas means and ,includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human malegenitals in a discernibly turgid state, even if completely and opaquely covered. Sec. 285.7. Specified sexual activities. As used herein, specified sexual activities means an• includes any of the following: (1) the fondling or othe erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any o� the activities set forth in subdivisions 1 through 3 of thi paragraph. Sec. 285.8. X -Rated As used herein, X -Rated refers to any materials or service which include the depiction or description of specifie sexual activities. SECTION 2. .Amend Section 10-5 of the zoning ordinance follows: Sec. 10-5. Adult businesses (over 20% of stock-in-trad consisting of materials exclusively intended for adults onl in accordance with Section 313 et. seq. of the Californi Penal •Code), excluding._. adult newsracks. 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 r_The Planning Commissionshall deny, approve or approve with conditions to insure the public health, safety and welfare is protected, a conditional use permit subject to the following specific conditions. Appropriate and reasonable exceptions may be made by the Planning Commission and/or City Council for conditional use permits imposed in the amortizing of existing adult businesses and/or where not applicable. (1) The exterior walls of the establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property. (2) The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior boundaries of any property zoned or used for school, church or park purposes. The exterior walls of the establishment are located more than one thousand (1,000) feet from the exterior boundaries of any lot or parcel of land upon -.which any other such adult business establishment is located. (3) Every establishment shall have clearly visible signs at all entrances stating "Adults Only - No Minors Permitted" or equivalent wording. All building openings, entries, and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors. (6) The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible upon entrance, ,.but shall not be viewed from outside of the premises, and so that the entire body of any patron is also visible immediately upon entrance to the premises. (7) (8) (9) The number of film or video viewing machines or booths shall not exceed one machine per thirty square feet of floor area. All adult businesses that include film or video viewing machines or booths shall provide one off-street parking space for every such machine or booth. There shall be no doors or other similar closable screens on video or film viewing booths. No alcoholic beverages shall be sold or consumed on the premises and appropriate notification of this •restriction shall be displayed on the premises. 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 No adult business, except large screen motion picture theaters/arcades which shall be closed at midnight, shall operate or be open to the public between the hours of 10:00 p.m. and 10:00 a.m. of the following day. (11) Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public from exterior areas, and such displays shall be considered signs. (12) No loudspeakers or sound equipment shall be used on the premises that can be discerned from exterior areas. (13)' Outdoor signs or similar displays showing nude bodies, topless or bottomless female bodies, or bottomless male bodies shall be prohibited. (14) The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. (15) No home delivery of any materials that are distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities. SECTION 3. Repeal Section 21-8 of the Municipal Code of the City of Hermosa Beach, which is as follows: Sec. 21-8. Massage parlors, etc. (a) Permit required. No person shall engage in, conduct, manage or carry on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, sun baths, mineral baths, Russian, Swedish or Turkish baths, or giving' salt glows, or conduct, manage or carry on any place where such baths are given or any public bathing place which has in connection therewith a steam room, dry hot room, plunge, shower bath or sleeping accommodations without written permit from the City Council. No person shall operate a massage parlor or give fomentation, massage, electric or magnetic treatment or alcohol rubs, or conduct, manage or carry on any place where fomentations, massage, electric or magnetic treatments or alcohol rubs are given without a written permit from the City Council. No person shall act as a masseur or masseuse without a written permit from the City Council. (b) Reserved. 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 (c) Exemption. -.This section shall not apply to c= any treatment administered in good faith in the course' of the practice of any healing art or profession by any person licensed or permitted to practice any such art or profession under the provisions of the Business and Professions Code or any other law of this state. (Ord. No. 213 N.S.,f Section 1; Ord. No. 88-933, Section 3, 6-28-88) SECTION 4. Amend Section 8-3. C-2, Restricted commercial zone. of the zoning ordinance to remove the following from the permitted use list: "Baths, Turkish, Swedish and steam; conditional use permit required subject to Article 10 of the zoning ordinance and Section 21-8 of the Hermosa Beach Municipal Code;" SECTION 5. Amend Section 8-4. C-3, General commercial the zoning ordinance to remove the following permitted use list: "Adult book stores, conditional use permit subject to section 10-5;" "Adult theaters, conditional use permit subject to section 10-5;" "Videotapes, eighty (80) percent general, selling or renting;" zone. of from the required required "Videotapes, adult, selling or renting solely adul videos; conditional use permit required subject t section 10-5;" SECTION 6. Amend Section 8-2. C-1, Neighborhood commercial zone. of the zoning ordinance to include the following o the permitted use list: "Adult paraphernalia, limited to no more than 20% of a business establishment's stock -in -trade, conditional use permit required subject to sectio 10-5.1;" "X -Rated uses and materials protected under the Firs Amendment, limited to no more than 20% of a busines establishment's stock -in -trade, conditional us permit required subject to section 10-5.1;" SECTION 7. Amend Section 8-4. C-3, General commercial zone. o the zoning ordinance to add the following to th permitted use list: — 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 "Adult businesses, conditional subject to section 10-5;" SECTION 8. Add Section 10-5.1 to the follows: use permit required zoning ordinance as Sec. 10-5.1 Sale of X -Rated Materials and/or Adult Paraphernalia in Business Establishments that do not meet "Adult Business" Definition. This list of conditions applies to any retail business in which -some, but not greater than twenty (20) percent, of its. stock -in -trade material meets the "X -Rated"- and/or "Adult Paraphernalia" definitions. The Planning Commission shall; deny, approve or approve with conditions to insure the public; health, safety and welfare is protected, a conditional use permit subject to the following specific conditions. Appropriate and reasonable exceptions may be made by the, Planning Commission and/or City Council for conditional use permits imposed in the amortizing of existing businesses and/or where not applicable. (1) The public interior areas shall be fully and brightly lighted and arranged so that every portion of the premises is visible immediately upon entrance and so that the entire body of any patron is also visible immediately upon entrance to the premises. (2) All stock -in -trade materials, either for sale or rental, which have exterior covers that display specified anatomical areas or specified sexual activities shall be adequately covered with an opaque material so as not to expose any display of specified anatomical areas or specified sexual activities to the general public. The area designated for adult videos shall be partitioned and screened from view, accessible only to persons eighteen years of age and over. A sign stating "Adults Only - No Minors Permitted" or equivalent wording shall be conspicuously located at the entrance to the designated adult area. The store shall be managed in a manner that anything illegal for a minor to view shall not be displayed from an area a minor could view such objects. Advertisements, displays, or other promotional exhibits of any materials depicting specified anatomical areas or specified sexual activities shall be prohibited. (3) 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (6) The establishment shall not adversely affect the welfare of residents and/or nearby commercial establishments. (7) No home delivery of any materials distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities. (8) The area designated for adult paraphernalia shall be partitioned and screened from view, accessible only to persons eighteen years of age and over. A sign stating "Adults Only - No Minors Permitted" or equivalent wording shall be conspicuously located at the entrance to the designated adult area. SECTION 9. 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 10. The City Council shall designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c) (1) in lieu of the full text of said ordinance. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. SECTION 11. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed..and adopted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, and ADOPTED this 13th day of October 1992, by following vote: AYES: NOES: ABSTAIN: ABSENT: Edgerton, Wiemans, Mayor Essertier Benz, Midstokke None None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: `P CITY CLERK APPROVED AS TO F RM: CITY ATTORNEY p/ccadord ADDRESS: • C y p, c, ADDRESS: 4 • C L71 DATE: r 2 ° L A-5 1 cl2_ v 'v 5 t oisL _ 4 7 • • OEN SEC CLS DCSC 22651I TOWED VEHICLE PCH, HB 594 VAND CUM -1000 PACIFIC COAST HY., HB SURVEILLANCE PCH, HB 23l52(A) PCH, HB l46Ol.l(A) PCH, HP PCH, HB 647(A) PCH, HP 647(A) PCH, HB 647(A) PCH, HB 647(A) PCH, HB 647(A) PCH, HP 23l52A/B PCH, HP 647(A) PCH, HP 647(A) PCH, HP 647(A) PCH, HB 647(A) PCH, HB 647(A) PCH, HP PCH, HP 647(A) PCH, HB 2265l(N) PCH, HP 2265l(N) PCH, HP 374(B) PCH, HP 23l52(B) PCH, HB 21955 PCH, HB 484 THEFT 2-4 8I PACIFIC CUAA: HY., HB 647(A) L&L PUB PLACE PCH, HP 647(A) L&L PUB PLACE PCH, HB 647(A) L&� MOL CHILD PCH, HP DBIV IN2L NON DRIVERS LIC VAGRANCY L&L PUB PLACE L&L PUB PLACE PBOWL3B/VAGBA UDS MAT/COND LU. PUB PLACE DBIV INFL NO L&L PUB PLACE - IAL PUB PLACE L&I. PUB PLACE Ln PUB PLACE L&i, PUB PLACE TOWED VEHICLE L&1. PUP PLACE TOWED- VEHICLE TOWED VEHICLE LITTERING MISD WT -OTHER MISD WT -OTHER HOUSE NO 544 r 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 544 OCR OCR DATE TIME 900406 0632 900418 2339 901027 0203 901028 1553 901028 2051 901106 0025 901207 1336 601207 1340 • 901211 0043 901216 0201 901220 0051 901220 0158 901220 0200 901227 1454 910101 2332 : 910101 2332 910104 1210 910201 0632 g10320 1215, 910514 0635 910607 0649 910709 2310 910909 0918 910915 0045 920101 1700 92011A 1412 920318 1823 921128 1757 '‘ ~647(A) PCH, HB 647(A) PCH, HB L&L PUB PLACE �uu L&L PUB PLACE 544 93O319 1524 93O319 1546 CITY OF HERMOSA BEACH I the undersigned, do declare under penalty of perjury that I did on the o?Isr day of A}p R , 1993, mail a notice of the public hearing before the City Council to all residents and property owners within a 300 foot radius of the subject property. I understand and agree that it is my responsibility to cause these mailings to be made in a n accurate and timely fashion and agree to hold the city harmless against any liability whatsoever for any defect of said mailing. I declare, under penalty of perjury that the foregoing is true and correct. /� I have executed this declaration on this the czar -day of hpRIL , 19Q3, a Hermosa Beach, California. 5ciL- FRcl FIc. CORsr 4'IL& ICi (Project Location) C� P NoRram--noK) Application for: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n•or1.,-1-11 ! i •f -i/ ! ' r N 1.1 No. 5193 1 On 9--2.2-3 State of ek,/i /v en / County of ,1-0s DATE } before me,El��e C* // 4�/ ijY NAME, TITLE TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared ,do/nt. /Q/d es NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed D EC OFFICIAL SEAL ELAINE G..DOERFLING NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Commission Expires Oct. 11, 1994 • 1 • the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTAR OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL o CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) 0 LIMITED - ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 111111'\1. 1"�'`1�1•\11111111\1'ti'X111'111'�"'\'t'`1111'�1'L'`1111111111111'\11111\till'�11'`1t'�`111"'`11111t11111111ti f 1 1 1 1 Lt - ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 May 5, 1993 Members of the Council: 1(4!"'HAEL A. UPORSKY 6th STREL CONDO Wt1 HERMOSA BEACH, CA Having been a City of Hermosa Beach resident for the past ten years, and a resident of the above address for 7 years, I am responsing to you and speaking for the Homeowners Association at 839 6th St., Hermosa Beach. At 839 6th Street there exists a condominium complex of 7 units all using said address. All residents of the units are homeowners and more important, educated, urban professionals who enjoy the quality of life in this Beach community. I am responding to you with regards to the attached mailing and Conditional Use Permit for FANTASY ARCADE at 544 PCH. It may be a fantasy for some of the customers of this establishment but it is a nightmare for local residents. I direct your attention to a door-to-door survey the Hermosa Beach Police Department conducted in conjunction with the Los Angeles County District Attorney's office in the Fall of 1990 to gather information on the behavior of customers of the Fantasy Arcade and their effect on the neighborhood. PLEASE!!!! BEFORE YOU EVEN PONDER RENEWING THE CUP FOR THIS EYESORE, PERSONALLY ENTER THE ESTABLISHMENT AND ALSO LOOK AROUND THE LITTLE BOHEMIAN COMMUNITY THAT HAS MOVED INTO THE COTTAGES IN BACK OF THE 544 PCH address and a home at 816 6th Street. You will see nothing but white trash and assorted low lifes who have inhabited this trashy little complex and use up all the parking spots on 6th Street with their old, unsigtly junk heaps they call personal automobiles. You may check Hermosa Beach Police Department records to see that I have called them many times to report illegal, bizzare and disrup- tive behavior by customers of the FANTASY ARCADE. Foryour information the customers of the FANTASY ARCADE are 99% gay and have used the neighborhood for illicit sex for years. The grounds of 839 6th Street have been used for a place to urinate, defecate (yes, defecate) dump litter (beer cans, male porn magazines, contents of auto ashtrays, used and unused condoms, cigarette butts, you name, we have found it. What good reason is there to allow this business to exist? I would love to hear a good one. RECEIVED MAY 6 1993 PLANNING DEPT. AGAIN'ti'' PLEASE TAKE A WALKING TOUR OF THE FANTASY ARCADE COMPLEX, WHICH INCLUDES THE ARCADE ITSELF, A VACANT STORE NEXT DOOR CURRENTLY USED AS HOUSING FOR A BUNCH OF WHITE TRASH RESIDENTS, THE COTTAGES BEHIND THE ARCADE AND THE HOUSE AT 816 6th STREET. Residents of 6th Street are also subject to traffic which uses the PCH, 5th and 6th Streets as a "circle" used to "cruise" looking for sexual partners as they enter and leave the Fantasy Arcade for the purposes of watching porn movies and -or, finding a partner. A couple of months ago I made the mistake of forgetting to close my garage door one night. At 2 a.m. hearingnoises from the garage, I arose and quietly descended to my garage to find two males, both in their 30's, stark naked,having a sexual encounter in the back seat of one of my automobiles. My dear Council Members, the FANTASY ARCADE needs closing as a nuisance and a health hazard, not a CUP amortization. Nothing has changed since the Hermosa Beach Police very ablely con- ducted their survey. BEFORE YOU VOTE ON THIS, TAKE A HOUSE TO HOUSE SURVEY ON BOTH 5th and 6th Streets and see if the residents will not overwhelming support an effort to close the FANTASY ARCADE. During the Police survery of 1990, my home was vandalized by the managers of the FANTASY ARCADE because they found out I had called the Police on numerous occasions and had a 3 page typewritten response on file with the Hermosa Police Departmentresponsign to their survey. Did I have valid proof of their vandalism? No. However, witnesses described the spray painters to a degree of accuracy so I knew who they were. A CUP is not the issue. For the betterment of the image of our livealbe city, the residents of the complex at 544 and the customers of 544 need a new hangout. It has always been my hope that the excellent business corner of 6th St. and PCH would be taken over by a fast food chain or some legitimate revenue producing business that would enhance the area. PLEASE GO SEE THE PROPERTY AND MEET THE RESIDENTS, ALL OF THEM. They are nothing more or less, than a gang of their own who flock to the cheap rent and mentality of the management and live like the scum they are. Sincerely, -1/,-;?eai a Michael A. Uporsky �—� 6-24t1 73—/eR3 9 May 4, 1993 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council May 11, 1993 SUBJECT: SPECIAL STUDY 92-7 TEXT AMENDMENT 93-7 PURPOSE: TO CONSIDER AMENDING SECTION 1160(D) REGARDING DRIVEWAY GRADES INITIATED BY PLANNING COMMISSION Planning Commission and Staff Recommendation To introduce the attached ordinance to amend Section 1160(d) of the zoning ordinance. Background At their meeting of March 16, 1993, the Planning Commission voted 4:0 to recommend adoption of the proposed text amendment. The Commission agreed with staff's recommended 20% maximum slope when transition slopes are provided, but recommended a 12 1/2 percent, rather than the 10% recommended by staff, for driveways without any transition slopes. The Planning Commission initiated this study in April of 1992, because of concern about excessive driveway slopes being allowed in some projects. For further background please refer to the attached staff reports and minutes. Analysis CURRENT ORDINANCE Section 1160(d) establishes the maximum slope for driveways at fifteen (15) percent. The section, however, also includes an exception, as follows: Exception: The chief building inspector may approve a grade greater than fifteen (15) percent and up to twenty-five (25) percent when it has been shown access can be made without any portion of the motor vehicle scraping ground. PROPOSED ORDINANCE NOTE: Due to the technical nature of this ordinance a graphic illustration has been provided in the proposed ordinance (page 5 of this report). The illustration is helpful in understanding this ordinance, and will be orally discussed by staff at the public hearing. The proposed amendment was a result of research and comparisons of other cities' and L.A. County standards, and would establish the following requirements: A maximum driveway slope of 20%, if transition slopes of 1/2 the maximum slope, with minimum lengths of 8 feet, are provided on each side. A maximum slope transitions. of 12 1/2 %, for driveways without Guest parking would not be allowed on sloping areas in excess of 12 1/2 percent. (refer to page 5 of the ordinance for visual aids) EFFECT OF NEW ORDINANCE This ordinance only applies to driveways on private property. The Public Works Department has purview over improvements in the public right-of-way. The proposed new standards would make the ordinance more restrictive on shorter driveways, as 12 1/2% would be the effective maximum on driveways less than 24' long (since adequate length would not be available to meet the 8' length transition requirements). The Commission and staff believe this more restrictive requirement is necessary to correct problems often experienced on shorter driveways where bottoming out and scraping is common when downward slopes of 15% or more are adjacent to a driveway apron up-slope. Also, these steep slopes are often used for guest parking. Further, these steep slopes cause a significant safety problem since they impair the vision of the vehicle and pedestrian cross traffic when egressing the driveway, particularly when backing out. On longer driveways, the opportunity would be available to make a significant portion of the driveway ramp 20%, allowing access to subterranean levels. By removing staff discretion, application of the standards would be consistent to all property owners and would eliminate any potential unequal treatment. For further analysis, please refer to the attached Planning Commission staff reports. CO UR: /j Michael Schubach Planing Director NIP Frederick R. Ferrin City Manager Attachments 1. Proposed ordinance 2. P.C. Resolution 3. P.C. staff report and minutes p/pcsrdway Resp ctfully submitted, .430 4-4,,Ci Ken Robertdon Associate Planner 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 93 - AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, SECTION 1160(d), PERTAINING TO THE DRIVEWAY GRADES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the City Council held a public hearing on May 11 1993, to consider the recommendation of the Planning Commission to amend Section 1160(d) and to consider oral_ and written testimony and made the following Findings: A. Section 1160(d) establishes a maximum driveway slope of fifteen (15) percent, but includes an exception that the "chief building inspector may allow up to 25% when it. is shown access can be made without any portion of the motor vehicle scraping the ground" B. This exception allows the construction of a driveway that may be unsafe for ingress and egress, and may havepotential inconsistent application of the exception depending on judgement of the chief building inspector; C. Clear standards should be established to replace the existing requirement for clear and consistent application of driveway grade requirements. D. An environmental assessment has been conducted, and the proposed amendments have been found to qualify for an environmental negative declaration. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the zoning ordinance text be amended as follows: SECTION I: Amend Section 1160(d) to read as follows: "No driveway providing access to any off-street parking space or garage shall have a slope greater than twenty (20) percent, provided that any ramp slope in excess of twelve and one-half (12 1/2) percent includes transitions on each side with a minimum length of eight (8) feet and a maximum slope of one-half the maximum ramp slope, in accordance with the driveway grade standards set forth below; further, any area used for guest parking shall have a maximum slope of twelve and one-half (12 1/2)percent. DRIVEWAY TRANSITIONS 1/2 -max. slope t 8'-0" min. 1/2 - max. slop Slope=20% max. Ramp 8'-0" min. Transition 8'-0" min_ Transition NOTE: No part of ramp shall enchroach into the Public Right -of -Way 1S 20 21 22 23 24 25 26 27 28 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 an• circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage an• adoption of this ordinance, shall enter the same i the book of original ordinances of said city, an• shall make minutes of the passage and adoptio - j - 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 thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 1993, by following vote: AYES: NOES: ABSTAIN: ABSENT: day of PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: p/persdway CITY CLERK CITY ATTORNEY 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 93-21 A RESOLUTION OF THE PLANNING COMMISSION OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE TEXT, SECTION 1160(d), PERTAINING TO THE DRIVEWAY GRADES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION WHEREAS, the Planning Commission held a public hearing on March 16 1993, to consider oral and written testimony and made the following Findings: A. Section 1160(d) establishes a maximum driveway slope of fifteen (15) percent, but includes an exception that the "chief building inspector may allow up to 25% when it is shown access can be made without any portion of the --motor vehicle scraping the ground" B. This exception allows the construction of driveway that may be unsafe for ingress and egress, and given potential inconsistent application of the exception depending on judgement of the chief building inspector; C. Clear standards should be established to replace to the existing requirement for clear and consistent application of driveway grade requirements. D. An. environmental assessment has been conducted, and the proposed amendments have been found to qualify for environmental negative declaration. NOW, THEREFORE, the Planning Commission of the City of Hermosa Beach, California, recommend that the zoning ordinanc text be amended as follows: SECTION I: Amend Section 1160(d) to read as follows: "No driveway providing access to any off-street parking space o garage shall have a slope greater than twenty (20) percent, - 7 - c provided that any ramp slope in excess of twelve and one-half (12 1/2) percent includes transitions on each side with a minimum length of eight (8) feet and a maximum slope of one-half the maximum ramp slope, in accordance with the driveway grade standards set forth below; further, any area used for guest parking shall have a maximum slope of twelve and one-half (12 1/2)percent. 12-1/2% max.. } DRIVEWAY TRANSITIONS 1/2 -max. slope 8'-0" min. 1/2 - max. slop Slope=20% max. Ramp 8'-0" min. 8'-0" min. Transition Transition NOTE: No part of ramp shall enchroach into the Public Right -of -Way t12-1/2% max. VOTE: AYES: Comm. Merl, Oakes, Suard, Chmn. DiMonda NOES: None ABSTAIN: None ABSENT: Comm. Marks CERTIFICATION I hereby certify that the foregoing Resolution P.C. 93-21 is a true and complete record of the action taken by the Planning Com'ission f the City of Hermosa Beach, California at their e.ul. a ing of March 16, 1993. 1 onda, Chairman Michael Schubach, Secretary 8 84CHOROUND AMTERML AYES': Comm. Merl, Oakes, Suard, Chmn. Di Monda NOES: ABSTAIN: None ABSENT: Comm. Chairman Di Mond- = - ed this item was appro . ubject to appeal to the C�'ty-�•uncil within 10 days from the date of eting. TEXT 93 - /SS 92-7 -- SPECIAL STUDY AND TEXT AMENDMENT TO SECTION 1160(d) REGARDING DRIVEWAY GRADES AND ADOPTION OF AN ENVIRONMEN- TAL NEGATIVE DECLARATION. Recommended Action: To recommend approval of said text amendment and adoption of an Environmental Negative Declaration. Staff recommended the Commission recommend to the Council the Text Amendment. Staff investigated how other cities had handled the issue of driveways, including the slope percentage. Mr. Schubach stated driveways currently exist which are too steep to allow ease of use of garages and some steeply sloping driveways represented a safety hazard to others. He explained the simplicity of -the recommended text and referenced the provided graphics. Comm. Oakes felt the graphics on page 4 was a mirror image of Los Angeles City's, not County. She noted the City required a maximum slope of 12 1/2 percent without transition. She felt this system seemed to work and recommended that Hermosa Beach also adopt the 12 1/2 percent maximum slope without transition, instead of the 10 percent, as recommended. Comm. Suard suggested a requirement of only one transition on a slope of 12 1/2 to 15 percent. Chmn. Di Monda requested a maximum slope, after which a transition would be required, be established for guest parking. Comm. Oakes suggested it be 12 1/2 percent. Mr. Schubach stated he would confirm the Commission's suggestion and approval with the City Attorney. Public Hearing opened by Chmn. Di Monda at 7:42 p.m. No one else wished to speak regarding this item, and Chairman Di' Monda closed the Public Hearing. at 7:42 p.m. MOTION by Comm. Suard, seconded by Comm. Oakes, to APPROVE TEXT 93 - /SS 92-7, changing the 10% maximum slope to 12 1/2% maximum slope, including a revised graphic example and a 12 1/2% slope for guest parking as discussed. AYES: Comm. Merl, Oakes, Suard, Chmn. Di Monda NOES: None ABSTAIN: None ABSENT: Comm. Marks P.C.Minutes 3/16/93 March 8, 1993 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning, Commission March 16, 1993 SUBJECT: SPECIAL STUDY 92-7 TEXT AMENDMENT 93 - PURPOSE: TO CONSIDER AMENDING SECTION 1160(D) REGARDING DRIVEWAY GRADES INITIATED BY PLANNING COMMISSION Recommendation Staff recommends that the Commission recommend the City Council amend the text as contained in the attached resolution. Background At the meeting of October 20, 1992, the Planning Commission considered four alternative approaches suggested by staff, and directed staff to pursue alternative D, NO EXCEPTIONS --TRANSITION GRADE STANDARDS AND REQUIREMENTS IN ALL CASES. At the meeting of December 17, 1993, the staff environmental review committee recommended an environmental negative declaration. Analysis Section 1160(d) states the maximum slope for driveways providing access to any off-street parking space or garage shall have a grade greater than fifteen (15) percent. The section also allows an exception, as follows: Exception: The chief building inspector may approve a grade greater than fifteen (15) percent and up to twenty-five (25) percent when it has been shown access can be made without any portion of the motor vehicle scraping ground. Based on the direction of the Commission staff is proposing to remove the threshold as to when an exception is required and apply a formula that would apply in all cases. Examples of this approach were previously provided from Culver City, L.A. City, and L.A. County (see attached). Staff's proposal would allow a maximum slope of twenty percent, when transition slopes of 1/2 the maximum slope of a minimum length of 8 feet are provided on each side. This proposal was based on a review of other cities and L.A. County's standards, and was reviewed and accepted by the Building Director. Although more detailed an complex formulas are available, staff felt the proposed one was the easiest to understand, and accomplished the same objectives. 1 9 This new standard would make the ordinance more restrictive on shorter driveways as 10% would be the effective maximum on driveways less than 24' long (since adequate length would not be available to meet the 8' length transition requirements). However, staff believes it is needed to correct problems often experienced on shorter driveways where bottoming out and scraping is common when downward 15% slopes are adjacent to a driveway apron upslope. On longer driveways, the opportunity would be available to make a significant portion of the driveway ramp 20%, allowing access to subterranean levels. CONCUR: Michael Schubach Planning Director Attachments 1. Proposed draft ordinance 2. Minutes 10/20/92 p/pcsrdway R--pectfully su mitted, Ken Robertson Associate Planner SS 92-7 -- SPECIAL STUDY AND TEXT AMENDMENT TO SECTION 116O(D) OF THE ZONING CODE REGARDING DRIVEWAY GRADES. Mr. Schubach stated Staff was asking the Commission to choose one of the recommended alternatives and direct Staff to schedule a text amendment for public hearing. He discussed previous actions by the Commission, as well as the concern regarding driveway grades. He discussed the exception allowed by Section 1160(d), noted the intent would be achieved by providing blends or transitions to eliminate potential of vehicles scraping the ground. No specific guidelines are available, therefore, determining if ground scraping would occur is not an easy task. Inconsistency in application is possible as the Planning Commission is the decision maker in the cases of condom- iniums or precise development plans. He then detailed the proposed Alternatives A, B, C and D to deal with the problem, noting that Staff generally supported Alterna- tive D, but would like tb conduct further research before making a specific ordinance recommendation. He then discussed Alternatives B and C, noting Alternative A did not seem appropriate, given the small lots and varying sloping lots. Comm. Marks felt the criteria should be the vision level from the vehicle; suggesting landscaping be maintained at a certain height and, based upon the setback from the beginning of the building, the corner should be a clipped at a minimum of 45 degree angle, for vision purposes. He felt Staff address that potential problem, noting the situation was dangerous, allowing no vision of pedestrians or oncoming vehicles. Mr. Schubach stated that criteria could be established if Alternative B were used. Comm. Di Monda felt the criteria could be established with the use of Alternative D. He stated that when the review is made, Staff present concise information to the Commission, as some County and City documentation is confusing. Comm. Oakes liked the idea of a graduated scale. She did not feel this was a Planning Commission issue, but rather the decision should be based on facts, suggesting an appropriate formula be decided upon. Comms. Oakes and Di Monda agreed that "25%" was excessive. Comm. Oakes stated railings and walls should be included in the review and supported Alternative D. Comm. Di Monda felt all the information should be returned to the Commission, noting that Culver City's written description dealt with Paragraph I and other cities probably addressed the same issues. Comm. Oakes felt the decision should be completed at the level of the Public Works or Planning Departments, not at the Planning Commission level. Chmn. Merl felt the issue of vision and slope had merit. The Commission agreed it currently did not have enough information. P.C. Minutes 10-20-92 MOTION by Comm. Di Monda, seconded by Comm. Oakes, to study Alternative D and to incorporate the comments made by the Planning Commission. No objections, so ordered. AFF ITEMS a. Tentative future Planning Commission agenda. M . Schubach noted the special study November 4, 1992 meeting hearing is still under study and will not be pres'ented. Chmn. Merl stated the tradition of one meeting held in December; would probably be followed, to which the Commission agreed. Comm. Di Monda suggested a note be sent to the Council reminding them the Joint Meeting should be held in December, and asking/them to set a date. The Commission agreed it would/be available the first Thursday.,in DEidember. RECEIVE AND FILE\ b. Memorandum from Bill Grove, Building Director, regarding design limitations for professionals. c. City Council minutes of, September 22, 1992. RECEIVE AND FILE d. Memorandum from Carol W4illiams, Senior Building Inspector regarding a ermit \issued for an addition and roof deck at 926 Monterey"Blvd. RECEIVE AND FILE COMMISSIONER ITEMS a. Comm. Oakes r -quested the base of the trees along the greenbelt be trimmed up to a height that would afford visibility .eneath the trees. This would\help stop people fro sleeping under those trees at night. The Commissio requested a a letter be sent to the City Manager, which explained the situation and requested the tr--s be trimmed up to a reasonable height\ b. Comm Marks requested the status of the Ocean Drive par ing situation. Mr. Schubach stated it had been po,dtponed, was still under consideration and the s)lbcommittee had not finished with its review. Comm Marks noted the project had been ongoing for two years P.C. Minutes 10-20-92 MINUTES OF THE STAFF REVIEW MEETING HELD ON DECEMBER 17, 1992 IN CITY HALL AT 10:00 A.M. PRESENT: Ken Robertson, -Associate Planner, Bill Grove, Building & Safety Director Barbara Conklin, Public Works Department Paul Hawkins, Fire Department MINUTES Motion by Mr. Robertson to approve the minutes of the meeting of November 19. No objection, so ordered. PROJECT SS 92-7 Text amendment to Section 1160(d) regarding driveway grades. Mr. Robertson explained to staff that this was a request by the Panning Commission to modify the section to make it more specific without leaving any discretion to the Building Director. Mr. Robertson stated this modification is to make sure there are specific guidelines to follow such as a maximum 20% slope with specific transitions. Mr. Robertson stated'he saw no negative impact, just a matter of clarification and to add consistency for all cases. Mrs. Conklin questioned if the clarification would help the problem of a driveway that slops down and fills with water. Mr. Robertson stated that the intent was not to correct that type of situation. Mr. Grove stated this was intended to clear standards and give specific distances and slope degrees. Motion by Mr. Robertson to recommend a environmental negative declaration for the text amendment.. No objections, so ordered. PROJECT W-3 Text amendment to add a water efficient landscape ordinance, as mandated by State Law. Mr. Robertson stated this was a broader text amendment that would add some language to the ordinance to require water conservation landscaping to all new projects. Mr. Robertson also added this is a law mandated by the state which the city has to adopt by January 19, 1993. Mr. Robertson stated the ordinance specifically deals with landscaping describing what type of plants and irrigation systems would be permitted in larger projects. October 15, 1992 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission October 20, 1992 SUBJECT • MENT==92.-1 Sec c_"`C STUDY 9 z - 7 - PURPOSE: TO CONSIDER AMENDING SECTION 1160(D) REGARDING DRIVEWAY GRADES INITIATED BY PLANNING COMMISSION Recommendation Choose one of the alternatives below, and direct staff to schedule a text amendment for public hearing. Background At the meeting of May 5, 1992, the Planning Commission adopted a resolution of intent to examine Section 1160(d) regarding driveway grades for possible text amendment. The concern about driveway grades originated from the Planning Commission's review of the 3 -unit condominium project at 1901 Pacific Coast Highway. Analysis Section 1160(d) states the maximum slope for driveways providing access to any off-street parking space or garage shall have a grade greater than fifteen (15) percent. The section also allows an exception, as follows: Exception: The chief building inspector may approve a grade greater than fifteen (15) percent and up to twenty-five (25) percent when it has been shown access can be made without any portion of the motor vehicle scraping ground. The intent of this section, which seems reasonable, is to give an option in extreme sloping situations to minimize grading (fill or excavation). This would be achieved by providing blends or transitions from the flat to steeper gradients to eliminate the potential for scraping the ground. The apparent dissatisfaction with this section is that no specific guidelines or standards exist to help the Building Director in making a decision whether to grant an exception, leading to potential inconsistency in application. With the variability of types of cars and trucks, determining if ground scraping would occur is not an easy task. Further, in the case of condominiums or precise development plans, the Planning Commission becomes the decision maker in whether to grant an exception, perhaps resulting in even greater inconsistency in application. As such, staff tentatively is proposing the following alternatives for your consideration to deal with this problem. ' _. 15— ALTERNATIVE A - NO EXCEPTIONS Place an absolute maximum on driveway slopes (15%, for example) and allow no exceptions. This alternative would' eliminate any. potential arbitrariness or inconsistency in application. This method would have the effect of limiting the design flexibility on sloping lots, and on steep down-sloping lots it may result in an excessive use of fill. ALTERNATIVE B - SPECIFIC CRITERIA FOR GRANTING OVER 15% Continue to allow over 15% up to 25%, but only if criteria are met in terms of transition slopes and other concerns like vision clearance. This alternative would set criteria in terms of guidelines but not absolute standards and still require review and approval from the Building Director and/or the Planning Commission. This alternative would reduce the room for judgement from either the Building Director or Planning Commission but still provide some flexibility. Examples of criteria would be; transition slopes must be a minimum of five feet in length, with greater length for steeper - grade changes; that grades over 15% cannot be required parking spaces; that exceedingly% grade is necessary to avoid substantial filling or serious design flaws, etc. etc. ALTERNATIVE C - EXCEPTIONS BY PLANNING COMMISSION ONLY Allow greater than 15% (or whatever percent deemed appropriate) only when approved by the Planning Commission. This alternative would remove any judgement from the Building Director, and all the judgement would be with the Planning Commission. This approach would required a new set of fees and procedures for reviewing driveway slope exception requests for single-family projects or other projects not otherwise reviewed by the Commission. ALTERNATIVE D - NO EXCEPTIONS --TRANSITION GRADE STANDARDS AND REQUIREMENTS IN ALL CASES Remove the threshold as to when an exception is required and apply some type of formula that would apply in all cases. Examples of this approach are provided from Culver City, L.A. City, and L.A. County (see attached). In each of these cases the maximum slope allowed is twenty percent, while the standards for the necessary transition slope and length vary. In comparison, for the project at 1901 P.C.H. the Planning Commission accepted a driveway slope with a maximum of 25% and transitions or blends of 8.75% with 12' and 13' lengths (see attached). c C Staff generally supports alternative D, but would like to conduct further research of other cities standards and formulas before making a specific ordinance recommendation. In regards to the other options B and C which may provide more flexibility to deal with unique situations, with the burden of proof on the. applicant, staff would not object to any of these approaches, but would emphasize that judgement to review each situation on a case by case basis would still be necessary, and would lead to some degree of inconsistency. Providing an absolute maximum under alternative A would not seem appropriate for Hermosa Beach, given our small lots and varying sloping situations. CURT' Mic ae1 Schubach Planning Director Respectf 1 submitted, Ken Robertson Associate Planner Attachments 1. Excerpts from other Cities requirements 2. Excerpt from plan of 1901 P.C.H. 3. P.C. Resolution of intent 4. Minutes of 4/21/92 Planning Commission meeting p/pcsrdway T-12444 '• C.)V'J£1Z CtTy( TOTAL.RAMP RAMP LENGTH f GROUND OR PARKING FLOOR TRANSITION 12'0" MINIMUM LOp TRANSITION 12'0" MINIMUM GROUND OR PARKING FLOOR FLOOR TO FLOOR HEIGHT A. No part of the TOTAL RAMP LENGTH: shall be constructed within an existing or future public right-of-way. B. Where any portion of a'ramp terminates within fifteen feet (15') of a public right-of- way, private street, or driveway, a paved triangular line -of -sight area measuring at least five feet by five feet (5' X 5') shall be provided on each side of the intersection. The fifteen foot (15') setback shall be as measured from the net lot or parcel boundaries. C. No required maneuvering area for a parking stall shall encroach onto any portion of a ramp. D. The maximum longitudinal slope (grade) on any portion of a driveway or ramp shall not exceed 20 percent. Any ramp slope exceeding 15 percent shall not be -longer than sixty. feet (60') without being interrupted by a twenty foot (20.') long landing. - The slope. of the landing shall be one-half (1/2) the ramp slope. E. The maximum cross slope (superelevation) on any portion of a driveway or ramp shall not exceed 10 percent. F. The maximum slope on any portion of a parking stall shall not exceed 5 percent. G. A transition shall be required when the longitudinal slope on any portion of a driveway or ramp is 8 percent or more. The minimum length of a transition shall be twelve feet (12') , and the slope of the transition ' shall be one-half (1/2) the ramp slope. H. A minimum vertical clearance of seven feet (7') shall be provided along the total driveway and ramp length. I. Mirrors may be required by the City at any ramp termination point or intersection to facilitate visibility of merging streams of motori.sts.and/or pedestrians. J. Railings, raised walkways or other devices may be required by the City to separate clearly pedestrian paths from the vehicular paths within, across, or adjacent to the ramps. FIGURE 10: RMP STANDARDS C..0 W\% E12, Crry • O r:" I" LIP\ T L I-1/2" 0" ACCEPTABLE DRIVEWAY SLOPES ON PRIVATE PROPERTY TYPICAL 8" CURB FACE AND I0' CURB TO PROPERTY LINE MIN. 0 01ST. VARIABLE L.A i C� 6'- 0" 1rc •. .• 2-V2.% SwX_ SLOPE 20% MAX. SLOPE 3-3/4" VERTICAL CURVE -9- 0-1/2" 9- 0-1/2" ACCEPTABLE LIMITS I VERTICAL CURVE GARACE FLOC VERTICAL CURVE GARAGE FLOC 0 II L6.. MIN. 0 QIST. VARIABLE 200/e MAX. SLOPE 2-6 I-1/2" " _ . 01 I2-I/2%max. I - • DRIVEWAY TRANSITIONS L1A. Cou r1f Ttonsition NOTE: WHERE RAMP INTERSECTS THE PUBLIC WAY THE TRANSITION SHALL BE DESIGNED AS RE- QUIRED BY THE DEPT. OF PUBLIC WORKS. 12-1/2 % max. April 28, 1993 City Council Meeting May 11, 1993 Mayor and Members of the City Council VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS Recommendation: It is recommended that the City Council: 1) Direct the City Clerk to advertise and request applications from interested parties for appointment to the Parks, Recreation & Community Resources Advisory Commission; and 2) Defer direction concerning the two upcoming expiration of terms on the Board of Parking Place Commissioners, pending Council consideration on the Vehicle Parking District and the existing Board. Background: The expiration of terms for seats on the City's various boards and commissions occurs in late June or July. Following established procedures, the matter is brought to the attention of Council at this time for a policy decision with regard to the upcoming expiration of terms for each of the applicable boards and commissions, thus allowing adequate time for noticing and Council appointments prior to the first expiration of terms (June 30). Traditionally, Council has directed that all seats be advertised, and one notice inviting applications for all boards/commissions is published with a filing deadline in mid-June, enabling the item to come back to Council at its last meeting in June for appointments and/or reappointments. Only two commissions are affected at this time: the Board of Parking Place Commissioners and the Parks, Recreation and Community Resources Advisory Commission. There are no expiration of terms this year for the Civil Service Board and the Planning Commission. BOARD OF PARKING PLACE COMMISSIONERS Two expiration of terms ending July 27. 1993 These seats are currently held by Paul Hennessey and Jerry Newton, both of whom are eligible for reappointment. Mr. Newton was 1 appointed by Council on July 24, 1990; Mr. Hennessey was appointed on September 25, 1990. Appointments would be for three-year terms ending July 27, 1996. At its meeting of April 27, Council directed that a public hearing be scheduled for consideration of disbanding the current Board of Parking Place Commissioners and instead establishing a Downtown Enhancement Board to replace the VPD. That public hearing is tentatively set for the May 25 meeting. Due to the uncertainty at this time with regard to the future of this particular Board, it is recommended that Council defer the issue of expiration of terms for this Board, pending its decision on the Vehicle Parking District and the Board of Parking Place Commissioners. If this Board is retained, there would still be ample time for separate noticing and appointments prior to the expiration of terms on July 27. PARRS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION Three expiration of terms ending June 30, 1993 These seats are currently held by Susan Blaco, Dani Peirce, and Julius Reviczky, all of whom are eligible for reappointment. Ms. Peirce and Ms. Blaco have served on the Commission since June 13, 1989. Mr. Reviczky, who was reappointed June 13, 1989, has served on the Commission since his initial appointment on August 27, 1985. Among the three members, only Ms. Peirce has expressed an interest in being reappointed to the Commission for the four-year term. Both Ms. Blaco and Mr. Reviczky have indicated that they are not interested in reappointment. There are no other applications on file at this time. Appointments would be for four-year terms ending June 30, 1997. Copur: Elaine Doerfling, ity C Elaine C rk Frederick R. Ferrin, City Manager 2 (f) .pA crirtr 4/f. rrviq u/' 67` s'"11;,v,4 ri•-5 „ Pr"1/ r77f1/ -Lr'w '11//fl lam- '1771'�� F 71L 1407-I4e- 4n7'12411"7262 41,av -eLY-?6 -6e-/4 do& 4r, f#6,t04 st-/ ee-hi;(14- coL9-6,0, uja,,,jr g#,elia_e-,,t_ 9106_,02y, v —14 v.e.(4e—( tve( /9,44-t v0,t_e// ...a ay( .tea" (a,J Are- 1 Pc•-• ,, Hi0 2-1 ‘i.a-.)c-->r 1,67 -• .._,-( x e,>(--.,( o% ,1-(-6------'1 ‘0-- ,,t,/, #,,,,,--. -a, ix---(7--=-Te-0.-- (P _,,,,, 2_, . //A L ,, c-11 „ _e- AA 192:: ?4,:71/6,7t, V, 6" rA-eAgo At A. a:Arc. vopr-A-,, 47-‘61=-1 ,t, e , dx 4 , 929..T." --x ei,a7 4124".1 / ' -'__p&-'l7') '''''1,,7 712-191 "irt -z-k 4---e-r- ar--"( -7'''''', 1 / 7 , i 3 &flitia p,f,2441 Se 1/01' YL 1-/- 4 664";4°" / V. I/ 4 1—,e 0 i - 4 jfre<- (20-eir°'1, 1#7.- 7 e A i - / lieQ/A'T- , 2,1 liti 3 kr 102 z 7, je 2 4- 3 /eAfa# vA 7,44,40i .I-yam////f 'Ai I ,54-,frtio„.s:::/, 1,44, sLefi ' tere--751 7,r-2 ORIGINAL REGULAR MEETING HERMOSA BEACH CITY COUNCIL Date & Time: Tuesday, June 22, 1'993; 7:30 p.m. Place: Council Chamber, City Hall Reporter: Margie Arevalo, CSR Certificate Number 9621 South Bay Court Reporters CERTIFIED SHORTHAND REPORTERS 3528 TORRANCE BLVD., SUITE 215 TORRANCE, CALIFORNIA 90503 (310) 543-Q343 EY. ",60 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 PARTIAL TRANSCRIPT OF REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday June 22, 1993 - Council Chambers, City Hall Regular Session - 7:30 p.m. APPEARANCES MAYOR CITY CLERK Albert Wiemans Elaine Doerfling COUNCILMEMBERS CITY MANAGER Robert Benz Frederick R. Ferrin Robert Essertier CITY ATTORNEY COMMUNITY RESOURCES DIRECTOR Charles S. Vose Mary Rooney ALSO PRESENT: Parker Herriott Vernon G. Foster 2 SOUTHBAY COURT REPORTERS 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 MAYOR WIEMANS: Item I. CITY CLERK DOERFLING: Item I is the recommendation to receive and file the estimate of cost for constructing a park on the Biltmore site. MAYOR WIEMANS: Mr. Herriott. MR. HERRIOTT: Thank you. Parker Herriott 379-7196. I'd like the City Council to realize that I was opposed, like Mayor Wiemans was also, to the motion to have this estimate by the public works director to even be made up. And, of course, the total that they happen to have is $32,079, and that's for only the sandy parts of the Biltmore site and not having anything to do with the hardscape property like the When head in head -- a streets or the little parking lot. I had talked to our City Manager, who of our public works also at the time, was we had a figure, $50,000, for the preparation of the site, the irrigation and for the landscaping. I'd like the people to know that the city parks and recreation people have come up with $28,000 for us in their budget. That's what they -- it's proposed. And also today -- and through our petition, the money is supposed to come from there, it shall come from parks and rec. And also today I talked with Lucy of the Los Angeles Parks and Regional Park and open -space district, and she told me that the procedural guide for the distribution of the discretionary funds for Prop A was mailed out yesterday 3 SOUTHBAY COURT REPORTERS 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 for the various cities. And Lucy, today, she asked her boss when the City could apply for the discretionary funds, and she said that he had said "next week if the City has its resolution." Our city is to receive about $240,000 in discretionary funds from Prop A. All the property taxpayers in Hermosa Beach and also in the county are contributing to the Prop A funds; and I would like the City, of course, to go forward and do what they are supposed to do to carry out the wishes of the voters when Prop A passed -- I mean when Prop A passed and also when our proposition regarding the Biltmore passed November 1992. Thank you very much. MAYOR WIEMANS: Any questions for Mr. Herriott? No? MR. VERNON G. FOSTER: My name is Vernon G. Foster. I live at 15 15th Street, No. 27. I'm a retired judge of the Superior Court. Last November the voters of this City adopted an initiative calling for the placement of a park at the Biltmore site. This is June, seven months later, and there is nothing there. Nothing has been done. Section 6 of the initiative ordinance says "The City shall seek necessary approvals from the Coastal Commission for the amendments made by this Ordinance and take all further actions necessary to implement and enforce the terms and intent of this Ordinance. Now, I'm sure that Mr. Vose will advise you this 4 SOUTHBAY COURT REPORTERS 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 leaves no area of discretion for the City. It is your duty and responsibility to go forward and to implement this Ordinance in accordance with its intent and purpose. Now, I understand that there is a proposal to do something, which I think can only best be described as a half -way measure, not to put into effect the purpose and intent of the voters, but to plant some grass and put in an irrigation system. What should go into the park is set forth in the preamble to it that calls for flowers, trees, conditioning so that the park will, in effect, represent the will of the voters. You know what has to be done, what has to go into the park. The Coastal Commission, in granting a permit for the park has adopted those same terms, provisions. You have adequate funding. There is $28,000 in the Parks and Recreation Commission budget. You have in your files requests from a great many citizens in this city to provide their own labor, efforts and to supply, to plant trees, flowers and so forth. You have available $240,000 in discretionary funds from the County from Proposition A to implement this Ordinance. Now, each one of you, when you took office, took an oath that you would uphold the law. This is the law. The law is that the City shall take all necessary actions to implement the intent of this Ordinance. So I think your 5 SOUTHBAY COURT REPORTERS 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 course is clear: Let's get rid of this foot dragging and substitute measure. Take this measure off of your agenda and put on your agenda a proper measure, and that is to completely install this park according to the intent of the voters. Now, I don't seem to have the attention of this gentleman here, whose name I do not know, and I appreciate your smiles to the side and you're turning your attention away from me, but I think that you should be aware that your responsibility as a city councilman -- and you're turning away again -- and I think if you have any concern about it, what your duties and responsibilities are, ask your City Attorney, he will tell you, I'm quite sure, that you have no discretion in this matter. You must follow the terms of this Ordinance according to its purpose and intent. MAYOR WIEMANS: Thank you. Mr. City Attorney, would you wish to comment? MR. VOSE: Well, simply speaking, the ballot measure cannot control the financing priorities of a city. So regardless of what the ballot measure says, it cannot mandate that the city expend funds in a certain area or prioritize that area over something else. The timing of moving forward on that is within the discretion of the City Council. And the issue of the ballot measure was what was to be the zoning of the property and what limitations were there in terms of 6 SOUTHBAY COURT REPORTERS 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 course is clear: Let's get rid of this foot dragging and substitute measure. Take this measure off of your agenda and put on your agenda a proper measure, and that is to completely install this park. according to the intent of the voters. Now, I don't seem to have the attention of this gentleman here, whose name I do not know, and I appreciate your smiles to the side and you're turning your attention away from me, but I think that you should be aware that your responsibility as a city councilman -- and you're turning away again -- and I think if you have any concern about it, what your duties and responsibilities are, ask your City Attorney, he will tell you, I'm quite sure, that you have no discretion in this matter. You must follow the terms of this Ordinance according to its purpose and intent. MAYOR WIEMANS: Thank you. Mr. City Attorney, would you wish to comment? MR. VOSE: Well, simply speaking, the ballot measure cannot control the financing priorities of a city. So regardless of what the ballot measure says, it cannot mandate that the city expend funds in a certain area or prioritize that area over something else. The timing of moving forward on that is within the discretion of the City Council. And the issue of the ballot measure was what was to be the zoning of the property and what limitations were there in terms of 6 SOUTHBAY COURT REPORTERS 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the type of use that could be made of that property. And as long as City Council follows that and proceeds in a reasonable matter, they're not violating either the intent or spirit of that measure. MAYOR WIEMANS: Any questions for the City Attorney, Mr. Benz? CITY COUNCILMEMBER BENZ: Yeah, Albert. Really I'm for doing something instead of nothing. Now, there's all these pie -in -the -sky assumptions of $240,000 here and a million there. That's fine, and we'll implement that when we have the money in place for using the money. But right now the thing is a cat box. I want something on there so it doesn't look like a cat box. Yeah, sure, this is the interim thing that we're going to do, and I think -- I think I realize that. I think everybody up here realizes that what we're planning on doing is the interim measure to put some grass on it so it doesn't look like a cat box. So I'm for it. MAYOR WIEMANS: Mr. Essertier, any comments? CITY COUNCILMEMBER ESSERTIER: The Prop A money is money which has come to us one time to spend throughout the city. We paid two and a half million dollars for the Biltmore -- for the South School site. We have parks that are in disarray all around town, and we have to use that money very carefully. To spend, as Mr. Benz commented, to 7 SOUTHBAY COURT REPORTERS 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 spend a modicum of money to get that park in a position that's better than it's been in 25 years and have something that's not embarrassing, I think is the appropriate thing to do, and to spread the rest of the money around town so that we can fix up the other parks. MAYOR WIEMANS: Is there a motion? CITY COUNCILMEMBER ESSERTIER: I think the motion would be to receive and file the report. MAYOR WIEMANS: Is there a second? CITY COUNCILMEMBER BENZ: Yeah. I'll second it. I sort of would like to get this on the agenda, too. Isn't that what we're planning on doing here, to implement this thing? CITY COUNCILMEMBER ESSERTIER: We want to get this going. I think that's the motion. I don't know -- I don't think that's in front of us tonight, but I think that's the intent MAYOR WIEMANS: Ms. Rooney, what's our proposed course of action? MS. MARY ROONEY: Well, if you like some action, receive and file wouldn't be the motion. I just wanted to add something, if you would let me, Mayor Wieman, that the Garden Club has contacted the the council members via letter and myself. I think I appreciate your spirit in trying to get something there, perhaps you should look into doing the 8 SOUTHBAY COURT REPORTERS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 irrigation, not necessarily putting a lawn on there, but letting the Garden Club and I think some of our volunteers advise the City on what kinds of native plantings we might put there. So I would just ask you if you do intend to implement this, please consider just irrigating it, and then putting in some -- maybe we'll put in some trees and native plantings, but let's not tie ourselves to this lawn idea. I don't think there are a lot of lawns on the strand. CITY COUNCILMEMBER ESSERTIER: I think the feeling here is that we want to get something down there. We're not fussy about what goes down there. MS. MARY ROONEY: Right. CITY COUNCILMEMBER BENZ: I am not a horticulturist. And the idea is that it looks like a sewer down there, it's a dump. It's like a cat box. And I don't -- MS. MARY ROONEY: I would suggest, if you want some action, I would direct public works to do the irrigation and then ask the City to work with the Garden Club to come up with a plan. CITY COUNCILMEMBER BENZ: Do it. CITY COUNCILMEMBER ESSERTIER: That was my motion. MAYOR WIEMANS: That's your motion? CITY COUNCILMEMBER BENZ: Second. MAYOR WIEMANS: There's a second. Any objections? Hearing none, so ordered. 9 SOUTHBAY COURT REPORTERS 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 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, MARGIE AREVALO, CSR No. 9621 a Certified Shorthand Reporter in and for the State of California, do hereby certify; That the foregoing proceedings were truly and correctly transcribed into typewriting under my direction. I further certify that I am neither counsel for nor related to any party to said action nor in anywise interested in the outcome thereof. IN WITNESS WHEREOF, I have hereto subscribed my name this 27th day of July, 1993. Jl� p ertif -. Shorthand Reporter for the State of California. 10 SOUTHBAY COURT REPORTERS (wig. JuAti z -z„ 14/3 (65e i i AGENDA REGULAR ADJOURNED MEETING HERMOSA BEACH CITY COUNCIL Thursday, June 10, 1993 - Council Chambers, City Hall MAYOR Albert Wiemans MAYOR PRO TEM Sam Y. Edgerton COUNCILMEMBERS Robert Benz Robert Essertier Kathleen Midstokke Regular Session - 7:30 p.m. CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Frederick R. Ferrin CITY ATTORNEY Charles S. Vose All Council meetings are open to the public. PLEASE ATTEND. PLEDGE OF ALLEGIANCE ROLL CALL: 1. UPDATE ON STATE WITHHOLDING OF PROPERTY TAX AFTER THE GOVERNOR'S MAY REVISION. 2. SAVINGS ATTRIBUTED TO UNEXPECTED RETIREMENTS/RESIGNATIONS. 3. CARRY OVER ISSUES: A. Contracting Community Services vs. staying in-house with a Community Service plan for cost reduction. 4. REVISIT ISSUES: A. Diversion of U.U.T. from Sewer Fund to General Fund. B. Christmas furlough. C. Combination of Building and Planning or defer. 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 cw le -5 CITY OF HERMOSA BEACH INTER -OFFICE MEMORANDUM To: Frederick R. Ferrin, City Manager From: William Grove, Director of Building and Safety to `.,. —"- Michael Schubach, Planning Director, u Re: Consolidation of Building Department and Planning Department *********************************************************************** Rather than provide you with a listing of jurisdictions where a combined Building and Planning Department (Community Development) has been tried and rejected or instituted and maintained, we thought it would be appropriate to examine two neighboring cities, one where consolidated Community Development is in place and one where it has been replaced with separate departments. The cities are Manhattan Beach and Redondo Beach. There is nothing wrong with the concept of a consolidated Community Development Department. It is in place in many jurisdictions just as separate departments are in place in many jurisdictions. The key element is how the consolidated department is organized. In Manhattan Beach, the Community Development Director oversees Building and Planning Divisions headed by the Building Official and Planning Administrator respectively. The Building Official and Planning Administrator are management level employees with salaries in excess of those of Hermosa Beach department heads. The Community Development Director's role is one of oversight of two divisions . This is an unnecessary level of supervision in a small city such as Hermosa Beach where the City Manager supervises a small number of department heads. Manhattan Beach can afford this overseer position due to their relative affluence. In the proposed Hermosa Beach organizational structure, the two management level division heads are missing. Until recently, Redondo Beach had a very similar organization to that currently in place in Manhattan Beach. The Community Development Director was responsible for oversight of a Building division headed by the Building Official and a Planning division headed by the City Planner. Again, both of these management level division heads were paid salaries in excess of those of Hermosa Beach department heads. With the recent retirement of the Community Development Director, Redondo Beach chose not to replace the position as a cost saving measure. Redondo Beach now has a similar organizational structure to that of the current structure in Hermosa Beach . The minimal cost savings indicated in the budget for the consolidated department is because the management level division heads which are necessary for the concept to work are missing. If the structure currently employed in Manhattan Beach or in the recent past in Redondo Beach were instituted in Hermosa Beach, the cost would be far in excess of current costs. I am sure that the city managers in the indicated cities would confirm the need for the appropriate staff structure. Due to limited resources, Hermosa Beach has already consolidated functions like business licensing and waste management in the Building Department and transportation in the Planning Department. These functions are typically found elsewhere in other cities. Further consolidation, without appropriate staff structure, coupled with already planned staff reductions, could lead to problems which will prove costly in the future. Alternative Examine the perceived concerns regarding separate departments to determine if they can be resolved without consolidation. This alternative should be considered in conjunction with the $19,600 savings recognized with the management staff foregoing merit pay. Questions/Requests, 1993-94 Budget Workshop June 3, 1993 Department Assigned Fire Public Works Risk Manager/ Public Works Public Works Public Works Public Works Public Works Assistant City Manager/Finance City Manager/ Personnel BUDGET/QNAFIN2 Question/Request 1. a. Viability of sea water for fighting fires . b. Fire Protection Fund - what is status of progress with upgrade of system? c. What are terms of contract with California Water Service (CWS)? What dollars have been spent by CWS in Hermosa Beach? 2. Why do we have monthly Traffic Safety Committee meetings? Is it required by Code, etc? 3. City should shift sidewalk repair to owner to shed liability. 4. CIP 178 Centerline Monuments - Is work plan consistent with prior staff report/ Council action? More detail is needed regarding description of project and work to be done by in-house staff or outside contractors. 5. CIP 301, Storm Drain Improvements - Project shows $40,000 in construction costs, however the project description indicates work to be done is identifica- tion and condition assessment of storm drains. Please clarify. 6. Look into tying storm drains into sewer lines for drainage. Check with Redondo Beach and Manhattan Beach. 7. CIP 302 NPDES Storm Drain Improvements - How does breakdown of costs for construc- tion, etc. relate to work being done? 8. Data processing software support $11,600 - too high. 9. What is the cost of having a Police Chief and Fire Chief versus Public Safety Director. Fire Department Response to Questions/Requests, 1993-94 Budget Workshop June 3, 1993 Question 1.a. Viability of sea water for fighting fires. Answer: Attached is a previous inter -office memo dealing with this issue. Question 1.b. Fire Protection Fund - what is status of progress with upgrade of system? Answer: Will be dealt with in a report to follow by the City Manager and the Acting Fire Chief. Question 1.c. What are terms of contract with California Water Service (CWS)? What dollars have been spent by CWS in Hermosa Beach? Answer: Will be dealt with in a report to follow by the City Manager and the Acting Fire Chief. Dennis McCamant Acting Fire Chief/Fire Department June 9, 1993 CITY OF HERMOSA BEACH FIRE DEPARTMENT INTER -OFFICE MEMO DATE: November 15, 1992 • TO: PSD Wisnlewskl & Captains Mc Camant, Osekowsky, Chesson, FROM: Greg Dale, Firefighter SUBJECT: Emergency Alternate Water Source.- *************************************************** As you may recall, my last report was about the accessibility of salt water for firefighting use. Below is the results of my continued research. In the event that domestic water is lost to us for the use of Firefighting we have two sources of sea water. The first and best source of water is from the Edison Plant on Harbor Dr. In Redondo Beach. If the Edison Plant has an outside power source remaining, after whatever event caused the loss of our domestic water, it can convert its yard hydrants to salt water supplied hydrants. With an outside power source Edison can continue to pressurize its hydrants indefinitely. Without outside power Edison can pressure its hydrants for several days. Edison has several yard hydrants. The most accessible hydrant is near a delivery gate, which is plenty large enough for a fire pumper. The gates location is Harbor Dr. and Marina Way. However drafting sea water while on the Edison property is not a very likely proposition. There must be a high tide at the time the water is needed. If drafting sea water becomes the better option at the time of the emergency the best place that I and the rest of C -shift found was at the Redondo Beach boat hoist. It appeared that even at low tide water could still be drafted. Ofcourse we do not have enough hose to reach anywhere in town. Therefore we would still have to rely on County wide mutual aid to get us a water tender truck. If Redondo is not 1n immediate need, its fire boat could also fill water tenders for us. CITY OF HERMOSA BEACH FIRE DEPARTMENT INTER -OFFICE MEMO 15 September, 1992 TO: Captains Mc Camant, Osekowsky, and Chesson FROM: Firefighter Dale SUBJECT: Edison as an emergency alternate water source ********************************************************* As you may recall, I wrote report on accessibility of ocean water as an emergency water source for firefighting in the event that the City's regular water service is lost. I have recently continued my research by contacting the Edison Generating Station in Redondo Beach. Accompanied by Engineer Brian Scott, on 09 September, I met with Mr. Jimmy Chavez and Mr. Robert Smith at Edison. Mr. Chavez and Mr. Smith explained that if Edison was to loose its own domestic water supply all of the yard hydrants on' the property can be supplied at pressure with ocean water. As long as the natural gas supply is still available for use by Edison the plant can indefinitely supply the hydrants. Even if the natural gas is lost the plant can remain operating for several days. On the Edison property is also a fresh water tank with a diesel powered pump available. If the drafting of sea water does become the only option, just inside and north of the Marina Way gate is a likely draft sight. Water circulating areas 5 & 6 has a grate with a straight drop down to sea water. Except at the lowest tides it should be possible to draft at this spot and run a supply line out to Harbor Dr. I have made a second appointment with Mr. Chavez and Mr. Smith for 24 September at 2pm. There will be a .6 foot tide at 2:22 which should make for a good draft test. If there are no objections I would like to take the Crown and the on duty engineer and see if the sea water can be lifted and pumped out a discharge. I suspect that if salt water is not taken into the tank then the suction and discharge can be adequately flushed afterward by hooking up to a hydrant. I had invited Redondo Beach's Chief Aust. Unfortunately Chief Aust could not be at the 09 September meeting. I phoned Chief Aust to tell him how the meeting went. Of course with Edison being in Redondo, Chief Aust was already familiar with the Edison water system. Chief Aust went on to tell me that through dealing with Cal. Water the Redondo and Hermosa water tanks, within two years, will be modified. These modifications will consist of the water tank inlets and outlets at the bottom of the tanks being plugged. This will prevent broken lines from draining out the water. New inlets and outlets coming in through the sides of the tanks will all have earthquake swivels. Also a four inch hook up will be supplied for each tank so that water may be drawn out. This fresh water supply is being considered more as a drinking water source for the public rather than a source of water for firefighting. Chief Aust will, his schedule permitting, be at Edison on the 24th. If it is decided that Edison does in fact provide a viable alternate source of water then an agreement may be written up between Hermosa Beach and Edison. Also at that time we can decide how we may best use this water source ie... fill the tanks on engines or try to get the County to send a water tender etc.. cc: Public Safety Director Wisniewski Chief Aust OCEAN WATER SUPPLY FOR FIREFIGHTING HERMOSA BEACH: As we discussed in regards to the pier, I obtained several catalogues with a variety of pumps. Set backs would of course be the cost of the pump and hose. Maintenance of the pump if mounted on the pier, or storage if portable type is used. In the event of a quake strong enouph to damage our water supply would the pier still be standing? - "The new hotel next to the Biltmore site, as rumor has it, will have underground parking. With underground parking they will have pumps to keep out the sea water. Perhaps a pump could be installed by the city to pump to a salt water hydrant. REDONDO BEACH: Yacht Club Way; access to the harbor its only advantage is that it is our side of the Edison plant. The parking lot does not leave much room to get around parked cars and the engine would have to drive over the parking lot .islands.. 'Under Harbor Drive, Edison has a pipe line with which It exchanges ocean water for cooling. Perhaps a hydrant could be installed to give access to this.water. Inside of the Edison plant is a reservoir which could be drafted from providing Edison is not having problems of its own. Way; • .Good entrance and exit for several fire engines. In place already are standpipes which from the parking lot supply fire hose cabinets out on the docks. Spliced into the pipe line could be a gated wye valve and a portable pump (smaller no doubt than would be needed for the pier) to supply an engine. Small cost. Portofino Way; At the East end of Rubens parking lot is the pump for the salt water plunge. The pump, with the right hook-ups added may be able to supply re engines. access Is reasonable for the fire engines. • .7 . ire Boats: If available either the Redondo Beach Fire Boat, or the Life Guards Bay Watch Boat (it has firefighting pumps) could supply engines from either one of the access roads to the Harbor or across the length of our own beach. The beach may be difficult due to lack of moorings and the amount of hose needed for the supply line. If we count on the boat a permanent hose line and moorings could be built on to our pier. Public Works Response to Questions/Requests, 1993-94 Budget Workshop June 3, 1993 Question 2: Why do we have monthly Traffic Safety Committee meetings? Are they required by the Code, etc? Answer: Traffic Safety meetings were initiated by Tony Antich about 3-1/2 years ago to facilitate solving property owners problems. There does not appear to be any code requirement for these meetings. The need has waned in the last 6 months. These meetings should be continued only on an "as needed" basis. Question 3: City should shift sidewalk repair to owner to shed liability. Answer: Shifting of sidewalk repair to property owner would shift the cost, but not the liability. Such a program can be instituted through one of the Street Improvement Acts (probably the 1911 Act). Setting up the program is very time consuming. Administering the Act is very cumbersome, requiring posting, hearings, appeals, letters, etc. It does not appear that contemplated engineering staff will be able to manage this program. Question 4: CIP 178 Centerline Monuments - Is work plan consistent with prior staff report/Council action? More detail is needed regarding description of project and work to be done by in-house staff or outside contractors. Answer: Question 5: This item is the same as last year's budget submittal and is consistent with the prior staff report - only the amount of effort is reduced from $76,000 to $30,000. It is a $225,000 five year program mandated by the State. The initial work proposed would be to locate such existing monuments in the street as can be found, "reference" them and tie them into a grid which is tied to the California coordinate system. The work would be done in-house. CIP 301, Storm Drain Improvements - Project shows $40,000 in construction costs, however the project description indicates work to be done is identification and condition assessment of storm drains. Please clarify. Answer: This project provides for the correction of a condition at the south end of Tennyson Place where the storm water runs down to the end of the cul-de-sac and is currently discharging into a sanitary sewer. Question 6: Look into tying storm drains into sewer lines for drainage. Check with Redondo Beach and Manhattan Beach. Answer: The County has been requested to construct an interceptor for some of the storm drains on the beach. As part of this process a low -flow storm water pump station can be included to pump nuisance water into the sanitary sewer to keep from contaminating the beaches. Question 7: CIP 302 NPDES Storm Drain Improvements - How does breakdown of costs for construction, etc. relate to work being done? Answer: CMD7 This is a repeat of last fiscal year. Since there are not yet identified projects, this CIP can be dropped from the program at this time. - 2 - Risk Management/Public Works Response to Questions/Requests, 1993-94 Budget Workshop June 3, 1993 Question 3. City should shift sidewalk repair to owner to shed liability. Answer: pers/risk Attached is a previous staff report (May 9, 1989) dealing with this issue. Also attached please find copy of minutes from that meeting, copy a May 11, 1989 newspaper article and a copy of the Manhattan Beach City Code which deals with this issue. Robert Blackwood Risk Manager/Personnel June 9, 1993 April 25, 1989 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council May 9, 1989 REPAIR AND MAINTENANCE OF EXISTING SIDEWALKS, CURBS AND GUTTERS Recommendation It is recommended that City Council: 1. Set a hearing on July 11, 1989 at 8:00 p.m., or as soon thereafter as possible, to adopt the attached, proposed Resolution No. 89 - setting forth City policy for the repair and maintenance of sidewalks, curbs and gutters. Background At their February 28, 1989 meeting, City Council discussed staff's report, dated February 7, 1989, assessing present sidewalk, driveway, curb and gutter damage. That report analyzed the following elements as a first step toward adopting a City policy for such repairs: Criteria for damage - City-wide inventory by address of existing damage including cost Repair options - Who shall pay City Council referred this matter back to staff for further study with particular emphasis on who should pay and why. A copy of this report is available for review in the office of the City Clerk. Analysis The term "sidewalk" in this report shall include curbs and gutters as defined by Section 5600 in the Street and Highway Code. Regarding financial responsibility, the State has determined that the private property owner is financially responsible for repair and maintenance of sidewalks as defined above. As listed below, this is one of three options utilized by cities. 1. City pays in full 2. Owner pays in full 3. City/Owner share (permanent or temporary) The question of who shall pay is analyzed as follows: /D 9 1. CITY PAYS IN FULL A. Cost (1) Present (2) Future B. Financial Resources (1) Present (2) Future C. Advantages D. Disadvantages 2. OWNER PAYS IN FULL A. Cost (1) Table 1 - highest, lowest, and average cost per location. (2) Table 2 - cost ranges B. Financial Resources (1) INCOME Table 3 - household Table 4 - figures (2) REAL PROPERTY VALUES Advantages Disadvantages C. D. 1980 and projected 1987 and 1992 Hermosa Beach income ranges analysis of low and high end of the Table 5 3. CITY/OWNER SHARE A. Permanent basis B. Temporary basis C. Advantages D. Disadvantages 4. SUMMARY 5. RECOMMENDATION A. CITY PAYS IN FULL 1A) Costs: (1) Present: The present inventory has been re -analyzed. Properties are grouped as shown below and the total cost including a 25% contingency for each group is as follows: Group Cost Private Property City -owned H.B. School -owned Cable TV Damage Water Utility Damage Total: $269,759 $ 3,995 $ 180 $ 42,144 * $ 411 * $316,489 * City to recover these costs. $316,489 - $42,144 - $411 = $273,934 (2) Future: Annual costs will be lower since this is the first time in years that many of the locations have ever been inventoried. Trees are a major source of damage; the size and type of root system involved can effect how long the repairs will last. Staff has scheduled street tree maintenance responsibility and will have an assessment for City Council in the near future. 1B) Financial Resources: (1) Present: The City has the following potential funding sources to draw upon: ESIMATED BALANCE FUNDING 6/30/89 General Fund (designated $ 384,091 for CIP Projects) State Gas Tax $ 15,186 (2) Future: City funding for repairs could come from the same sources. However, the City funding is further drained when including future year capital improvement projects. 1C) Advantages: If the City chooses this option, there would be the following advantages: (1) The entire repair process could be completed more quickly. (2) Staff would have direct control over the process and timeliness of repairs. (3) Less administrative time expended by staff than with other options. 1D) Disadvantages: Staff sees the following disadvantages of this option: The total estimated cost to the public is high - over $300,000. Even excluding Cable TV and water utility -related repairs, the public's cost is estimated over $270,000. Tax dollars spent for this purpose are not available for other projects of benefit and safety to the general public. Other cities that do pay have reported that in some fiscal years, because of more urgent priorities, there was not enough money remaining in the budget to repair all inventoried damage. (4) The City's exposure to potential liability could be increased. If not enough money is made available, the City could be held liable for repairs not performed in a timely manner. 2. OWNER PAYS IN FULL 2A) Costs: Property owners are concerned only with their repair cost which could vary from under $100 to more than $3,000. The data in Table 1 shows the total cost of all damage abutting private property and the high, low and average cost per location:. Table 1 ESTIMATED REPAIR COST: S 215,807 EST. 25% CONTINGENCY: S 53,952 TOTAL ESTIMATED COST: S 269,759 HIGHEST ESTIMATED COST: S 3,375 (per location) LOWEST ESTIMATED COST: S 25 (per location) AVERAGE ESTIMATED COST: S 233 (per location) The amount and percentages of locations within several cost ranges is shown below in Table 2. COST RANGE TABLE 2 ESTIMATED NO. PERCENTAGES OF LOCATIONS (ROUNDED OFF) S 3375 - 3000 2 .2% S 2999 - 1500 1 .1% S 1499 - 1000 11 1.0% S 999 - 500 67 5.8% S 499 - 250 171 14.8% S 249 - 100 387 33.5% Under 5100 515 44.6% TOTAL: 1,154 100.0% 2B) Financial Resources: Income and real property value are the primary financial resources of property owners. The following data is approximate since the last complete census was nearly 10 years ago (1980). (1) Income: The information in Table 3 for 1980 was obtained from the Hermosa Beach library. Current estimates are from an article on Hermosa Beach in the Real Estate Section of the Los Angeles Times published on April 23, 1989 (on file in the City Clerk's office) . TABLE 3 HERMOSA BEACH 1980 CENSUS 1988 ESTIMATE HOUSEHOLD INCOME (percentage) (percentage) Less than 515,000 29.9% 10.7% S 15,000 - 524,999 27.0% * S 25,000 - 534,999 19.6% * S 35,000 - 549,999 15.0% * $ 50,000 - S74,999 5.9% 25.0% S 75,000 + 2.6% 19.6% *These figures were unavailable from the L.A. Times as of this date. /3 - 4 - 'In Table 4, the ranges in the top end have been combined. The estimated percentage of those in the high end ($50,000 to $75,000+) has increased by nearly 5 times from 1980 to the present (8.5% to 44.6%). The percentage in the low end has declined over 2.5 times from 29.9% in 1980 to 10.7% in 1988. TABLE 4 HERMOSA BEACH 1980 CENSUS 1988 ESTIMATE HOUSEHOLD INCOME (percentage) (percentage) 50,000 - 75,000+ 0 - S14,999 8.5% 44.6% 29.9% 10.7% The L.A. Times article reported that the median Hermosa Beach household income in 1988 was estimated at $45,905; the Hermosa Beach Chamber of Commerce estimates the average family income in 1986 was $50,826. (2) Real Property Values: In the 1980 Census, the median Hermosa Beach house was valued at $148,200. The Business Section of the March 9, 1989 Easy Reader reported on South Bay real estate in general and Hermosa Beach specifically (on file in the City Clerk's office). According to figures obtained from the South Bay Board of Realtors, "Hermosa Beach home prices increased an average of 45%...last year...(while) Manhattan Beach, Redondo Beach and Torrance averaged only 26%". Further, they conclude "that in the absence of a depression", no one expects a drop in prices in the foreseeable future. The South Bay Board of Realtors currently does not have information available for the first quarter in 1989. However, a summary of multiple listing sales in Hermosa Beach from January, 1989 to the present was made available by a local broker. In 1989, no property, except for condominium conversions, sold for less than $200,000. The selling price of 47 out of 53 single family residences in 1989 has exceeded $280,000. 2C) Advantages: (1) The cost to individual owners is generally low; the average cost per location is estimated to be $233 and 78% of current repairs are estimated to cost under $250 per location. Owners as well as other residents would benefit from additional public projects made possible by the availability of tax dollars Paying for repairs would encourage many owners to become more knowledgeable and responsible for the maintenance of sidewalks. 2D) Disadvantages: (1) Financial hardship could result for some owners. (2) Initially, most time required for administration of the three /41 - 5 - options. t3) -Repairs -will take longer because of the required notification ,-,process-.- 3. -_process .- 3. CITY/OWNER SHARE 3A) Permanent Basis: As noted in the February 7, 1989 report, this option was used by no city in the South Bay survey and by less than 8% of the 154 cities surveyed by the League of California Cities. It would not be cost effective. The administrative costs incurred by the City for partial owner payment could be as high as those to obtain full payment (option #2). 3B) Temporary Basis: On this basis, cost/sharing has been used by a -few -cities- "as- a means to gradually prepare owners for full Mira cial responsibility"by transferring maintenance in =iivcremental steps. 3C) Advantage: Sharing the burden could make some owners feel better. 3D) Disadvantage-- The administrative costs incurred by the City for ,partial owner payment would be the same as those to obtain full payment-.- =-- - ---- 4. -- 4. SUMMARY -,- - - ------- The:rese-arch does --not indicate financial hardship to the majority of HeLutosa Bead- property owners if they were to pay for current sidewalk repairs. TbnHttrecost side, 93% of all current repairs are estimated to cost less -than $500 and the average estimated cost per location is $233. Since 1980,- income is estimated at $50,826 (median family) and $45,905-(mediarr-household). To these figures, must be added the considerable -value of even the lowest priced Hermosa Beach property. In those instances where financial hardship would result, any one or some combination of the following remedies could be implemented. 1. Payment Waiver - Exempt by age, health, income, cost or some combination 2. Delayed Payment - Divide the total cost into 12 monthly payments 3. Lien Agreement - Utilize real property value by collecting payment only when property is sold. Finally staff believes the public recognizes that cities must prioritize spending because of limited tax dollars. In this case, the cost to the individual owner is generally low, but the total cost to the public for -such repairs would be approximately $270,000. This is tax dollars, that if spent on sidewalks, will not be available to other public needs such as sewers, street repairs, etc. that will the benefit the City as a whole. 5. RECOMMENDATION Because of the research, staff concludes the following: /S 1. Property owners should be financially responsible for current and future maintenance and repairs of damaged sidewalks adjacent to their property, excluding damage caused by utilities and cable T.V. The utilities and cable T.V. will be billed. This conclusion follows State law which assigns the financial responsibility for maintenance and repair of sidewalks to the property owners. Alternatives: Alternatives presented by staff and available to the City are: 1. Determine that the City shall pay for all repairs currently inventoried, excluding damage caused by utilities and cable T.V., as a one-time occurrence but that City policy shall assign financial responsibility to the property owner pursuant to State law; 2. Determine that the City is 100% financially responsible for the cost of all current and future repairs; 3. Determine that the City and property owner shall share the cost of repairs, either on a temporary or permanent basis. Respectfully submitted, Noted: (Please see attached comments) Anthony Antichl Director of Public Works Noted for Fiscal Impact: Viki Copeland Finance Administrator evin $. Nortdcraft City Manager Credit: Research by Terry Bindman, Public Works Department sda2 pwadmin :tb /, CITY OF HERMOSA BEACH MEMORANDUM DATE: May 3, 1989 TO: Mayor and Councilmembers FROM: City Manager Kevin B. Northcraft RE: City Manager Comments on Agenda Item No. 9, Sidewalk, Driveway, Curb and Gutter Damage Assessment The staff report properly covers the options available to the Council. Since it is a well prepared summary of those options, it is appropriate that the Council have an opportunity to review and gain insight from the information provided, especially since we are dealing with an important, long term policy decision for the community. While the Public Works Department has weighed the issues and made a reasonable recommendation, I have also reviewed this informa- tion and tend to favor a different option than that proposed by the Public Works Department. I think the Council should serious ly consider accepting the sidewalk and curb and gutter repairs necessary in our community as a City responsibility for now and in the future, for the following reasons: (1) City practices - The League of California Cities survey re- ported in the February 28, 1989 memo to Council reflects that 73% of cities in California assume responsibility for sidewalk re- pair, and 85% assume responsibility for curbs and gutters. Our City gets a good proportion of the property tax and has some com- mercial revenue sources. There does not seem to be any substan- tial reason why our City government should not be in a position to offer the same level of services a majority of cities in Cal- ifornia provide their citizens. (2) Uniformity - If the City assumes responsibility, the main- tenance and repairs would be consistent and uniform throughout the City. The sidewalks and curbs would not be subject to the variations of attention and quality that would be likely with several thousand property owners assuming responsibility. (3) Cost - The City could contract City-wide for these repairs cost effectively and with little administrative cost. The ad- ministrative costs to charge each homeowner their proportionate share of repairs in front of their home are considerable. Indi- vidual estimates, noticing, hearings, potential of liens, protest reviews, waiver procedures, and smaller contracts all result in the possibility of tens to hundreds of thousands more in total cost for the program if it is to be funded by individual property assessments. (4) Measuring benefit - With our nice weather, walking in our community is a common means of travel, resulting in well -repaired sidewalks being a community benefit as well as a benefit to the /7 - 1 - property owner in front of whom that particular sidewalk exists. It would seem difficult to explain to a property owner that he or she has to pay $200 to $1000 to repair a sidewalk that happens to need repair, especially when the adjacent property owners pay nothing by a quirk of construction or other unrelated circumstances. (5) Current taxation - As the Council is well aware, our citizenry is already being taxed a 6% Utility Users Tax currently to pay for sewers, beach patrol, and bootleg enforcement, as well as a 4% tax for purchase of the Greenbelt (which will sunset when the payment is made). With this existing commitment for addi- tional taxation to improve our community, it seems hard to ratio- nalize "going back to the well" for this comparatively small in- frastructure need. As an alternative, I would suggest that we take approximately 1% of the $30,000,000 that will be needed for sewer repair over the next 20 years and use it for sidewalk, curb and gutter repair. This will not jeopardize the sewer program, but will show immediate improvements in the quality of public facilities in our community. The only exception to this recommendation is that, where obvious damage has occurred as a result of other parties, the City should - not assume the financial liability to repair that damage. If the Council wishes to pursue the Public Works option to assess repair costs to property owners, the scheduling of a public hear- ing certainly is appropriate. If there is no interest in pursu- ing that option, I think a rather controversial issue can be avoided by Council action to accept City responsibility as part of this year's budget approval/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO ESTABLISH GUIDELINES REGARDING SIDEWALK, CURB AND GUTTER REPAIR AND MAINTENANCE RESPONSIBILITY. WHEREAS, the City Council of the City of Hermosa Beach held a public hearing on July 11, 1989 to receive written and oral testimony on this matter and made the following Findings: WHEREAS, the Hermosa Beach Municipal Code does not currently establish responsibility for repair and maintenance of sidewalks abutting private property; and WHEREAS, Sidewalks need to be maintained for public safety and the City has inventoried 100% of the sidewalks and curbs for damage. WHEREAS, The Public Works Department has used a one inch displacement as a guideline for when foreseeable risk may exist; WHEREAS, Street and Highway Code: Section 5600 "sidewalk" 16 includes a park or parking strip maintained in the area between 17 the property line and the street line and also includes curbing, 18 bulkheads, retaining walls or other works for the protection of 19 anysidewalk or of anysuchpark or parkingstri p-; and 20 WHEREAS, Street and Highways Code: Chapter 22, Subsection 21 5610. Duty of property owners: Liability for conditions created 22 by grantees of city permits, etc.: states, "the owners of lots or 23 portions of lots fronting on any portion of a public street or 24 place when that street or place is improved or if when the area 25 between the property line of the adjacent property and the street 26 line is maintained as a park or parking strip will maintain any 27 sidewalk in such condition that the sidewalk will not endanger 28 11 / /9 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 2 28 persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the City authorities in charge thereof, and such persons will be under a like duty in relations thereto. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That a general guideline is to designate the property owners as responsible for all repairs and maintenance of sidewalks as specified by state law as stated above in Section 2; and SECTION 2. The City, once noticed, will make temporary emergency repairs to alleviate a potentially hazardous condition. PASSED, APPROVED and ADOPTED this day of July 1989. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK APPROVED AS Tta. FORM: TTY ATTORNEY sdares 06337 • Action: To direct staff to set the current interim or- dinan.ce_for a public hearing to give it its last 10 - month extension and also amend it to include the R -2B - Zone.- Motion Rosenberger, second Creighton. So ordered. 9: RECOMMENDATION TO SET PUBLIC HEARING FOR JULY 11, 1989 _.TO..ADOPT-_RESOLUTION SETTING FORTH CITY POLICY FOR THE PAYMENT OF REPAIR AND MAINTENANCE OF SIDEWALKS, CURBS _.AND GUTTERS. Memorandum from Public Works Director Anthony Antich dated April 25, 1988. -Proposed Action: To approve staff recommendation to set -.a hearing on July 11 to set forth City policy for the "repair and maintenance of sidewalks, curbs and gutters. Motion Sheldon, second Rosenberger. Motion was withdrawn. Action': -The sidewalks, curbs, and gutters that are inventoried in regards to the subject before us be re- paired -out of the General Fund or appropriate fund as _ determined by the City Manager. Include alternative #1 -'`other parties". Staff to bring back list of trees. Motion Creighton, second Simpson. So ordered. 10. GENERAL PLAN AMENDMENTS: (Continued from 5/3/89 meeting) - A. GENERAL PLAN REDESIGNATION AND ZONE CHANGE FROM MEDIUM DENSITY, R-2, TO GENERAL COMMERCIAL, C-3, OR --TO--SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL FOR LOT 4, BLOCK 1, TRACT 6851 AND THE -=PRECISE PLAN FOR THE CONSTRUCTION OF A DRIVE-THRU RESTAURANT AT 1107 PACIFIC COAST HIGHWAY AND EN- VIRONMENTAL NEGATIVE DECLARATION, with resolution for adoption and ordinance for waiver of full read- ing and introduction. (Straw vote at 4/25/89 meeting - 5-0.) A staff report was presented by Director Schubach, Action: To adopt Resolution No. 89-5264 entitled "A RESOLUTION AMENDING THE GENERAL PLAN BY CHANGING THE DESIGNATION TO GENERAL COMMERCIAL FOR THE AREA AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPT- ING AN ENVIRONMENTAL NEGATIVE DECLARATION." (1107 Pacific Coast Highway) Motion Creighton, second Sheldon. So ordered. Further Action: To waive full reading of Ordinance No. 89-988 entitled "AN ORDINANCE AMENDING THE ZONING MAP BY - CHANGING THE ZONE TO C-3 FOR THE AREA AS DESCRIBED BELOW _.AND SHOWN ON THE ATTACHED MAP AND ADOPTING AN ENVIRON- MENTAL NEGATIVE DECLARATION." (1107 Pacific Coast Highway) 7 ai Minutes 5-9-89 Easy Reader. May 11. 1989 City opts to foot the bill for sidewalk, gutter repairs by Terri Vermeulen that 85 percent pay for curb and Damaged sidewalks, curbs and gutter repair. gutters in Hermosa Beach will be "I think a rather controversial repaired at the city's expense, issue can be avoided by council Hermosa Beach city council aeras toraccert ofpt city is year's nsibili- budget members decided Thesday.- Y p The city will pay more than approval," Northcraft wrote. $316,000 to repair the damage at Mayor amouWilliams te grpeeed, 1,290 locations throughout Her- "A great ple mosa Beach, in addition to ab- we have using our sidewalks sorbing costs for future repairs of . don't live in the neighborhood." sidewalks, curbs and gutters. Williams also said she thought the The council could have opted city would be sued if the sidewalks to require private property own- were not repaired. ers to pay the full amount of re- Annual costs for repairs will be pair costs, from $25 to $3,375 per lower after the 1,290 inventoried location, or for the city to split repairs are made, city officials the cost with property owners. said. Northcraft suggested that Under state policy private the city allocate $300,000 from property owners are responsible the sewer repair fund for side - for cleaning and repairing their walk, curb and gutter repair over sidewalks. The council went the next 20 years, against a city staff recommenda- Because tree roots are -a major tion that property owners would source of damage to sidewalks, not experience • "financial hard- city staff has also scheduled ship,' -and should be held financial- street tree maintenance ato nd the an ly responsible for current and assessment which will go future maintenance and repairs "council this year. of damaged sidewalks adjacent to osts o w n e d for property pi totaled privatee ly- their property. City Manager Kevin Northcraft $269,759; repair costs for dam - also disagreed with the staff's ags n cityd tl-o school -owned • proposal, writing in a memoran- property Te moneyfor the repairs can 5. dum that 73 percent of California T1s cities pay for sidewalk repair and - a2 Streets -4a be allocated from the city's gen- eral fund and Tevenue from the state gas tax, according to a mem- from Public Works Di- rector . thonY Antich. ity office anticipate that the city will be reimbursed for an es- timated $42.555 in damages caused by water utilities and ca- ble television not pay for reps The city gligence or damage caused by ne by other pare to repair these as es. however. .iWe have possible," Cit, Mana- geKevin Northc Iaft saiiddob an the damaged areas• "t wouto our immediate improvement city's sidewalks. ER 7.12.010 Chapter 7.12. Sidewagt Rep9ir 7.12.010.- Duty to repair sidewalks. 7.12.020. Noflee of repair. 7.11030. Failure to muse repair. 7.13.010. Duty to repair sidewalks. It shall be the duty of every person owning real property within the City to keep in repair the sidewalk abutting his real property. If the failure of an abutting owner to maintain the sidewalk results in damp or injury to a member of the public, said abutting owner shall be liable to such member of the public. (f 1, Ord. 65; as amended by f 1, Ord. 1820, eft May 3, 1990) 7.12.020. Nodes of rrpsir. Whenever any sidewalk upon any public street in the City is out of repair, is in need of repair, or is in a condition dangerous or impassable to pedestrians, it shall be the duty of the Street Superintendent to give notice in writing to the owner of such property abutting on such sidewalk to repair the same within two (2) weeks after service of such notice. The written notice requiring repairs and stating the general nature thereof shall be served by leaving a copy thereof with the tenant or occupant of such real property abutting on such sidewalk, if any there be, and by depositing in the United States Mail a copy of such notice addressed to the owner of such property at his last address u given on the assessment rolls of the City, or in case such address is not given, addressed to General Delivery, City of Manhattan Beach. In case there is no occupant or tenant of the property, the notice shall be posted in a conspicuous place upon the property and a copy shall be mailed to the owner of the property as aforesaid. (f 2, Ord. 65, as amended by i 1, Ord. 985, eft: October 15, 1964) 7.12.030. Failure to make repair. Any person who shall fail to make the repairs necessary to such sidewalk in front of his real property within two (2) weeks after the service of the notice shall be guilty of a misdemeanor. (11 3, Ord. 65, u amended by i 1, Ord. 985, eff October 15, 1964) 12- 1 23 Finance/Assistant City Manager Response to questions/Requests, 1993-94 Budget Workshop June 3, 1993 Question 8. Data processing software support $11,600 - too high. Answer: budget/ansfin The software support contract with Hewlett Packard, as mentioned before, covers the operating system software, HPWord (which is still heavily used in City Hall), HPSpell and EMail, which are all HP products. The current contract has a 2 hour response time. If the City had no contract, the service rate would be $250/hr. and $140 travel time, plus parts. Our call would be responded to on a non-priority basis after other calls from contracting parties. A recent system cost $1660 on a one call - $390 system software repair the disc failure on June 4, 1993 would have time and materials basis for that for HP to determine it was not a problem and $1270 for Uptime to drive problem. There have been twenty-six hardware service calls this fiscal year. The DP systems manager estimates that there are over ten software support service calls per month. - 1 - City Manager/Personnel Response to Questions/Requests, 1993-94 Budget Workshop June 3, 1993 Question 9. What is the cost of having a Police Chief and Fire Chief vs. Public Safety Director? Answer: $7,608 annually Month Annual Public Safety Director's Salary & Benefits (including P.E.R.S.) $9,990 $119,880 LESS Police Commander's Salary & Benefits + 10%, (including P.E.R.S.) 9,023 108,276 LESS 5% of a Fire Captain's Salary 333 3,996 SAVINGS $ 634 $ 7,608 p8,6 -AC____ Robert Blackwood Risk Management/Personnel