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Home My WebLink About02/08/94C�t�cc Secseia,�� Where there is no vision the people perish... HERMOSA BEACH CITY COUNCIL AGENDA WELCOME! By your presence in the City Council Chambers you are participating in the process of representative government. Your government welcomes your interest and hopes you will attend the City Council meetings often. Meetings are televised live on Multivision Cable Channel 3 and replayed the next day (Wednesday) at noon. Agendas for meetings are shown on Channel 3 the weekend before the meetings. Opportunities for Public Comments Citizens may provide input to their elected Councilmembers in writing or orally. Letters on agenda matters should be sent or delivered to the City Clerk's or City Manager's Office. If sent one week in advance, they will be included in the Council's agen- da packet with the item. If received after packet compilation, they will be distributed prior to the Council meeting. Oral communications with Councilmembers may be accomplished on an individual basis in person or by telephone, or at the Council meeting. Please see the notice under "Public Participation" for opportunities to speak before the Council. It is the policy of the City Council that no discussion of new items will begin after 11:30 p.m., unless this rule is waived by the Council. The agendas are developed with the intent to have all matters covered within the time allowed. In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (310) 318-0204. Please provide enough time to enable us to make reasonable arrangements to assure accessibility to this meeting. Note: City offices are -open 7 A.M. to 6 P.M., Mon. - Thurs.; Closed Fridays. There is no smoking allowed in the Council Chambers. (over) - 0 LD 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. -10 "The art of government is conducting business in such a manner as to satisfy the irritated without irritating the satisfied." - Jack Debolske AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, February 8, 1994 - Council Chambers, City Hall Regular Session - 7:00 p.m. MAYOR Sam Y. Edgerton MAYOR PRO TEM Robert Benz COUNCIL MEMBERS John Bowler Julie Oakes J. R. Reviczky CITY CLERK Elaine Doerfling CITY TREASURER John M. Workman CITY MANAGER Stephen R. Burrell 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 Department, Fire Department, Public Library, the Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council foyer. PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION OF CHECK TO THE VETERANS MEMORIAL COMMITTEE FROM THE HERMOSA BEACH RESTAURANT AND TAVERN OWNERS ASSOCIATION PUBLIC PARTICIPATION: Under the provisions of the California Government Code, the City Council is prohibited by law from taking immediate action on any Public Participation unagendized item unless it can be demonstrated to be of an emergency nature. (a) ORAL COMMUNICATIONS Members of the Public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Please limit comments to one minute. Citizens also may speak: 1) during Consent Calendar consideration or Public Hearings; 2) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, 3) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. (b) WRITTEN COMMUNICATIONS 1) Letter from Rosamond D'Orlaque Fogg dated January 22, 1994 regarding Hermosa Beach Stop Oil vs. State Lands Commission. 2) Letter from Warren Barr, President, Hermosa Beach Chamber of Commerce, dated January 31, 1994 regarding the current review of the sign ordinance and its enforcement as it pertains to the owner of Nations!. 3) Memorandum from the Planning Commission dated January 27, 1994 regarding imposing 17garage setback on nonconforming remodels. 1. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. * Council member requests to remove items from the Consent Calendar. (Items removed will be considered under Agenda Item 3.) * Public comments on the Consent Calendar. (a) Recommendation to aanrove the following minutes: 1) Minutes of the Adjourned Regular Meeting held on January 25, 1994; and, 2) Minutes of the Regular Meeting held on January 25, 1994. 2 (b) Recommendation to ratify Demands and Warrants Nos. through inclusive, and to approve cancellation of certain warrants as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Request for 30 day extension of temporary appointment of two Community Services Officers. Memorandum from Personnel Director Robert Blackwood dated January 27, 1994. (e) Conditional Use Permit process explanation. Memorandum from Planning Director Michael Schubach dated January 31, 1994. (f) Resolution authorizing Finance Director as designated agent for all matters pertaining to Federal/State Disaster Assistance. Memorandum from Finance Director Viki Copeland dated January 31, 1994. (g) Recommendation to adopt resolution establishing an administrative fee for Processing Tenant/User Liability Insurance Program (TULIP) applications. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated January 31, 1994. (h) Recommendation to approve the Chamber of Commerce's request for street closures and allocation of Proposition "C" funds for the WAVE bus transportation for the Fiesta de las Artes. Memorandum from Planning Director Michael Schubach dated January 31, 1994. (i) Request for award of bid for preliminary engineering and final design for earthquake reinforcement of Clark Building: CIP 90-616. Memorandum from Public Works Director Amy Amirani dated February 1, 1994. (j) Recommendation to approve an amendment to the existing agreement with the School District for the use of North School property located in Valley Park to include payment for the monthly water service effective retroactively to January 1, 1994. Memorandum from Assistant City Manager/Community Resources Director Mary Rooney dated February 1, 1994. (k) Recommendation to adopt a resolution approving application for grant funds for the Urban Tree Planting Competitive Grant Program for the proiects identified as Biltmore and South School Parks. Memorandum from Public Works Director Amy Amirani dated February 1, 1994. (1) Recommendation to award the Civil Engineering contract for the Hermosa Avenue Street Rehabilitation proiect. Memorandum from Public Works Director Amy Amirani dated February 1, 1994. 2. CONSENT ORDINANCES. a. AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A -2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE. For waiver of full reading and introduction to repeal and correct the previously adopted ordinance 93-1093. Memorandum from Planning Director Michael Schubach dated February 1, 1994. b. AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTECTION STANDARDS. For adoption. Memorandum from City Clerk Elaine Doerfling dated February 1, 1994 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. - -- * Public comments on items removed from the Consent Calendar. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. NONE MUNICIPAL MATTERS 4. PROGRESS REPORT ON UNREINFORCED MASONRY BUILDING HAZARD MITIGATION PROGRAM. Memorandum from Interim Building & Safety Director Michael Schubach dated February 1, 1994. 5. COUNTY LIFEGUARD AND BEACH MAINTENANCE CONTRACT EXTENSION. Memorandum from Assistant City Manager Mary Rooney dated February 1, 1994. 4 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. Discussion on changing council meeting time to 7:30pm. Memorandum from City Manager Stephen R. Burrell dated January 20, 1994. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Vacancy - Boards and Commissions Cable Television Advisory Board Memorandum from City Clerk Elaine Doerfling dated February 3, 1994. b. Discussion regarding the possible re -organization of the Planning Commission. 8. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or 3) resolution of matter by Council action tonight. a. Request by Council member Benz for consideration of bringing City Attorney services in-house. (Continued from December 14 1993, January 11, 1994 and January 25, 1994) Supplemental memorandum from City Manager Stephen R. Burrell dated January 19, 1994. b. Request by Council member Bowler to present an oral report from the Pier Reconstruction Sub -Committee. 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. CLOSED SESSION, if necessary, for purpose of Personnel Matters, Meet and Confer, Real Estate Negotiations, or Pending Litigation, pursuant to Government Code Section 54956.9(a). ADJOURNMENT .V /11 WRITTEN COMMUNICATION FOR COUNCIL AGENDA DT: Januar/ 22 1994 u JA N2 19'J TO: HERMOSA BEACH CITY COUNCIL clry Clerk Olry of Hermosa Bccc� Li , tiara FR: Rosamond d'Orlaque Fogg, Hermosa Beach Stop Oil Coalition RE: Hermosa Beach Stop Oil Vs. State Lands Commission I read with interest Vose's Memorandum dated January 20, 1994 to the Council concerning the submission in the litigation on the oil drilling project. I apologize; I must not have 'made myself clear. I was not alleging that the City's representatives misquoted excerpts from an administrative record. I do, however, allege that an error, a significant. one in my mind, was present in the administrative record and was quoted in the City's Memorandum of Points and Authorities, prepared by attorneys Ed Lee and Steven Quintanilla, of the firm Oliver, Barr & Vose, dated November 30, 1993, on Pg. 3. "to permit ... oil and gas operations within the Tidelands from a City -owned maintenance yard located ... in an industrial area approximately 500 yards from the nearest residential structure." Now, 500 yards is 1500 feet, more than the distance from Valley Drive to the seashore. Using good old Pi R1, 1500 feet would create a circle 7,065,000 sq. feet in area. Vose further states in his memorandum that "It is important to remember that this is a statement that was made in 1984 and has not been used by the State Lands Commission for any recent determination. The most recent information submitted by the City of Hermosa Beach to the State Lands Commission concerning the status of the subject drill site correctly describes the subject property." Vose goes on to reference staff reports and environmental reports which accurately identify the exact location of residences to the drill site. Given this apparent plethora of accurate information submitted more recently to the SLC it was unfortunate that Messrs. Lee and Quintella had to cite in their Memorandum to placed before Judge Wayne that the site was in a remote industrial area 500 yards from the nearest residence. But mistakes do happen. I wish to have this misconception corrected and hope that Mr. Vose is cordial and accommodating and that the Council advises him to contact both the State Lands Commission and Judge Wayne and inform them that this statement was inaccurate. Sincerely) - c -7 -e ry7 L. %4( Rosamond d'Orlaque Fogg ' h1 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 (SPACE BELOW FOR FILING STAMP ONLY) LAW OFFICES OLIVER, BARR & VOSE A PROFESSIONAL CORPORATION 281 SOUTH FIGUEROA STREET- SECOND FLOOR LOS ANGELES. CALIFORNIA 00012 TELEPHONE: 12131 621.2000 TELECO►IER: 12131 621.2211 EDWARD W. LEE, State Bar No. 128146 STEVEN B. QUINTANILLA, State Bar No. 161578 Attorney for Real Party in Interest City of Hermosa Beach SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES' HERMOSA BEACH STOP OIL COALITION, etc., et al., Petitioners, VS. STATE LANDS COMMISSION, etc., et al., Respondents. CITY OF HERMOSA BEACH; WINDWARD ASSOCIATES; GLG ENERGY; MACPHERSON OIL COMPANY; et al., Real Parties in Interest_ CASE NO. BS 024 656 Date: November 30, 1993 Time: 9:30 a.m. Dept.: 86 (Room 836) Discovery Cut-off: None Motion Cut-off: None Trial Date: None MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REAL PARTY IN INTEREST CITY OF HERMOSA BEACH'S OPPOSITION TO MOTION FOR WRIT OF MANDATE I 1 2 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 Before tidelands can be leased for oil and gas operations, Public Resources Code Section 6872 requires that the Commission make the following three findings: (1) That oil or gas deposits are believed to be contained in such lands, (2) That_ the same are being drained by means of wells upon adjacent lands,'and (3) That the leasing of the same for the production of oil and gas will be in the best interests of the state. Despite the fact that there are only three requirements set forth in Section 6872, Petitioners maintain that a fourth requirement must also be met. Petitioners contend that Hermosa should also have to prove that the ongoing loss of its petroleum reserves is being caused by existing operating wells on adjacent lands. Petitioners insist upon the impositioning this unprece- dented fourth requirement despite the fact that there is no basis in the language of the statute, its legislative history, or otherwise, to support the addition of such a fourth requirement. Petitioners' line of reasoning was resoundingly rejected by the Commission at a public meeting held in June 1992 when the Commission found that "drainage" existed pursuant to Section 6872. The Commission's finding was supported by uncontradicted testimonial evidence, submitted by consultants for Hermosa and MacPherson and the Commission's staff. The testimony indicated that an existing pressure differential resulting from 20 to 35 years of oil production operations in Redondo had caused the current drainage of at least 5 million barrels of oil from the Hermosa Tidelands, at a rate of approximately 680 barrels per day. 18286 2. 1 2 3 4 5 6 7 8 9 10 a 11 0 0 J M Wzog 12 (A o o m o - 0 oHz0"•13 a ai a r 0 n^ Y b � J '^14 • i Q< N u ry~ z 2. z z15 ,.W`MJZ0 WQ > 4 " • .0� � o•;<��16 00 VI J 0 17 n 18 19 20 21 22 23 24 25 26 27 28 STATEMENT OF FACTS In 1919, the State of California granted' Hermosa all the II tide and submerged lands within its boundaries, without reservation of the minerals therein. (AR pp. 19 and 114.) The 1919 grant limits use of the granted lands, and of revenues generated by them, to purposes connected with the establishment, improvement and operation of a harbor. (AR p. 114.) In 1932, Hermosa residents voted to prohibit drilling into the Tidelands. (AR p.007.) Thereafter, however, in 1984, residents approved by a vote of 60% to 40% to permit subsurface oil and gas operations within the Tidelands from a City -owned maintenance yard located approximately 1/2 mile east of the shoreline in an industrial area approximately 500 yards from the nearest residential structure. (AR p. 7.) At the time of the 1984 vote, there existed 48 offshore and 19 onshore oil and gas wells in Redondo located immediately adjacent to the southern boundary of Hermosa. Since 1956, the Redondo wells have "produced in excess of 8 million barrels of oil and 9 million cubic feet of (natural) gas." (AR pp. 7-8.) In September 1985 (AR p.123), Hermosa submitted an application to the Commission for approval of a lease that would allow the exploration and production of oil and gas from the Tidelands (the "Project") in order to offset the drainage caused by the Redondo Beach wells. (AR P. 9-10.) In November 1985, in its initial action on Hermosa's application, the Commission acknowledged receipt of the application, but deferred action on the application since the application was not complete. At the same time, the Commission directed its staff to work diligently 18286 3. 1 2 3 4 5 6 7 8 9 10 1 a 11 0 0 J ^ W Z,o 12 ZA o omo— omzn"13 0. ou =14 m 2 Q u z UJ�ZJzo15 UJ W •O s". U Y Y J t = JY ��;<'il6 0 0O N J s 17 18 19 20 21 22 23 24 25- 26 27 28 with Hermosa on completing the application and to report back to the Commission as soon as possible. (AR p. 22.) In October 1986, MacPherson and Hermosa entered into an oil and gas lease with surface drilling and operating rights confined to the authorized upland City Maintenance Yard Site (hereinafter "Upland Lease") (AR p.55.) On May 8, 1990, the Hermosa City Council adopted Resolution No. 90-5363 certifying the lease's final EIR and adopting an accompanying Statement of Overriding Considerations. (AR pp. 117-122.) This. approval followed a March 6, 1990 public hearing held before the Hermosa Planning Commission and several public hearings held before the City Council. (AR p.117.) Subject to Commission approval, Hermosa and MacPherson then entered into the Tidelands Lease. The terms of the Tidelands Lease entitled Hermosa to a royalty of 18-2/3% which was to be allocated between a "tidelands trust -fund" (11-2/3%) and the City's general fund (7%). Revenues thus accruing to the "tidelands trust fund", pursuant to the 1919 grant, were required to be used for "purposes connected with the establishment, improvement and operation of a harbor," while revenues accruing to the City's general fund were to be used exclusively, as mandated by a Hermosa ordinance, for the acquisition and maintenance of parks and open space within Hermosa. (AR pp. 7, 114 and 115.) On June 30, 1992, the Commission found that the tidelands were being drained pursuant to Section 6872. (AR PP• 113, 059, and 96-97.) In its finding of drainage, the Commission rejected the statutory interpretation suggested by Petitioners, 18286 4. 1 2 3 4 5 6 7 8 9 10 11 0 0 J „ wZpg 12 (n o;00— >0` 13 0 H Z . asQ.0 �R"14 J N U ~ ~ < Z < m;Fo eo:15 M r 7 J= 0 UJ 1 2 V V v p t r ��;<�F16 00 0 N J 0 17 18 19 20 21 22 23 24 25 26 27 28 which would require not only a finding of current drainage into adjacent lands, but also a finding that the current operation of wells within the adjacent lands is the cause of such current drainage. At its April 28, 1993 meeting, the Commission approved (i) the Uplands Lease, (ii) the Final EIR and the accompanying Statement of Overriding Considerations, and (iii) a Memorandum of Understanding between the City and the Commission memorializing their agreements as to Project -related matters of interest and concern to the Commission and the State. (AR pp. 113-126 and p. 136.) PROCEDURAL MATTERS Petitioners commenced this action on August 17, 1993, with the filing of a Petition for Writ of Mandate challenging the Commission's June 1992 drainage finding and its approval of the Tidelands Lease. Petitioners and the Commission agree that these proceedings are governed by Code of Civil Procedure §1094.5.2 (Pet.Mem., p. 6, and SLC Mem., p. 14.) 2. SectQ�l�q. applies to review of an administrative order ision "made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in (the administrative body or officer)." (CCP §1094.5(a).) It is has not been shown that a hearing was required by law to be given in the proceedings of the Commission or that evidence was required to be taken. Nevertheless, since the Commission believes that §1094.5 applies and that the application of that section does not affect the ultimate outcome, Hermosa does not pursue the subject except to point out that the application of §1094.5 in this case has not been conclusively established. In light of this, Hermosa reserves future argument on the point. 18286 5. 1 2 3 4 5 6 7 8 9 10 cc 11 0 0 J N W Z o 12 C V1 0 omo- >g°"13 �� a "0 ' cr ; '14 < < N V w ~ Oz < CO 15 t • 2 W = 0 W _ W V Y 0•=<�i-16 O ` 0 0 N J rD 17 n 18 19 20 21 22 23 24 25 26 27 28 ARGUMENT A. THE COMMISSION'S FINDING OF DRAINAGE WAS BASED ON UNCONTRADICTED EVIDENCE THAT OIL AND GAS DEPOSITS ARE CURRENTLY MOVING FROM THE SUBMERGED LANDS BENEATH HERMOSA TO REDONDO BEACH. Under the substantial evidence test, the trial court is required to liberally construe the findings of the agency so as to uphold the order of the agency wherever possible, instead of defeat it. Jack P. Meyers, Inc. v. Alcoholic Bev. etc Appeals Bd. (1965) 238 Cal.App.2d 869. In fact, the sole concern of the reviewing court in mandate proceedings involving an administra- tive body is with the presence or absence of substantial evidence supporting the agency's decision. Rau v. Sacramento County Ret Bd. (1966) 247 Ca1.App.2d 234, 236. In the instant case "(a)fter receiving testimony from officials of the City of Hermosa Beach, its consultants and State Lands Commission staff, the Commission found that the granted tidelands of the City of Hermosa Beach are being drained." (AR p. 59.) At the Commission hearing, Mr. Leanard Brock, a consultant for the City of Hermosa Beach testified that 20 to 30 years of drilling in the City of Redondo Beach created a "pressure sink of several hundred pounds" causing oil to drain from Hermosa Beach to Redondo Beach. (AR p. 75.) Mr. Brock's testimony was supported by Mr. Francis Barker, a consultant for MacPherson Oil Company, who testified that "it's been established on fluid level surveys . . . that there's a pressure sink in Redondo where millions of barrels have been taken out, and the 18286 6. 1 2 3 4 5 6 7 8 9 10 [ 11 O 0 J « WOe 000 12 z y ; c a 0 >;'A=°"13 w [ ` 0 « m r �p �;��14 j Q i N u ry« m c ci 'kuza15 r O L Y J :j<�-"16 0 0 h J s 17 18 19 20 21 22 23 24 25 26 27 28 reservoir pressures on the Hermosa Beach side are approaching' diversion pressures. And when you have that condition, oil fi.ows across the line . . . ." (AR p. 76.) The above testimony was further supported by Mr. Paul Mount, a staff member of the State Lands Commission. At the hearing, Mr. Mount concurred with Mr. Brock and Mr. Barker on the issue regarding the movement or oil from Hermosa to Redondo. In his testimony, Mr. Mount specifi- cally stated that: "Oil . . . is still migrating across the lease line from Hermosa to the Redondo Beach side." (AR p. 78.) As the above testimony indicates, there is a general consensus among Commission staff and the consultants for the Hermosa and MacPherson regarding the movement of oil from Hermosa to Redondo Beach. (AR p..93.) There was no testimony presented to the Commission during the above meeting which challenged the conclusions of any of the above witnesses with respect to their opinions regarding the issue of movement of oil and gas deposits from Hermosa to Redondo. B. THE RULES OF STATUTORY CONSTRUCTION CALL FOR AN INTERPRETATION TO EFFECT A RATIONAL RESULT THAT PROMOTES THE PURPOSE OF THE LAW. Despite the fact that there was "no conflict between Commission staff and proponent's staff and Hermosa Beach staff" regarding the issue of movement of oil and gas deposits from Hermosa to Redondo (AR p. 93), Petitioners insist that the Commission's "drainage" finding should be reversed. (AR pp. 138- 139.) The basis of their contention is that Section 6872, according to their interpretation of the statute, requires that 18286 7. 1 2 3 4 5 6 7 8 9 10 a 11 O O Wo0 12 Z cn c o m o _ o > o ,' ."l 3 �cida'0 Y b =14 m O O N < • C Y Z 3,Zo15 W o " . u Y >a & Z � � �•XC��l6 o <' 'o 0 N J 17 18 19 20 21 22 23 24 25 26 27 28 the drainage be caused by active wells. (AR pp. 138-139.) This interpretation is directly contrary to the interpretation adopted by the Commission. In instances of uncertainty in interpreting statutory language, a court is required to adopt a statutory construction that favors an interpretation which promotes rather than defeats the purpose and/or policy of the law and that leads to the most rational result. Granberry v. Islay Investments (1984) 161 Cal.App.3d 382, 387-89. With this in mind, it becomes clear that the Court under the instant facts must uphold the Commission's finding of drainage since such a finding under the circumstances leads to not only a rational result, but also a, result that undoubtedly promotes the purpose and policy of Section 6872 as a whole. Petitioners' artificial distinction between drainage caused by current drilling operations and migration caused by past drilling operations clouds the real issue that was before the Commission, and that is now before this Court. Section 6872 is part of a relatively old body of law concerning the mineral development of publicly owned lands, and particularly of tide and submerged lands. As such, the intent of Section 6872 should be analyzed in the context of its historical development. Section 6872, on its face, is clearly intended to foster and facilitate the protection and development of publicly owned mineral assets whenever such assets are being lost due to their unnatural movement, migration, or drainage to another location. This purpose has been acknowledged by both Staff and Petitioners,. As Commission staff has noted (A.R. p. 57), and as 18286 8. 1 2 3 4 5 6 7 8 9 10 [ 11 0 0 J M ` W00 0 12 = 0 V1 0o 00— > 0<-"0913 y^ G- � ~ Y Q U� `0' i11 Jm_14 0 Q < U z < m o o H u < •�W=:1 JW J 0 0 W[ • V Y [ t Z J D -16 O < 000 N J s 17 18 19 20 21 22 23 24 25 26 27 28 Petitioners have maintained, the purpose of permitting develop- ment operations under Section 6872 (with respect to this case) is to prevent mineral operations in Redondo Beach from drawing the mineral reserves of Hermosa across the Hermosa boundary without allowing Hermosa to protect its publicly -owned reserves. (Pet.Mem, p. 11.) From a historical perspective, it is clear that as early as 1938, the State recognized the importance of authorizing the public to lease publicly -owned tide and submerged lands for the production of oil and gas whenever it appeared that oil or gas deposits in any such lands were being drained to another location. (Stats. 1938, Ex. Sess., Ch.5., §86.) This concern over the unnatural drainage of publicly -owned oil deposits was further reflected in a 1955 amendment to Section 6872 which permitted the Commission to lease tide and submerged lands if it appeared: (1) that oil or gas deposits are believed to be contained in any such lands, (2) that the same are being drained by means of wells upon adiacent lands, and (3) that the leasing of the same will be in the best interests of the2 State." (Stats. 1955, ch. 1724, §19. Emphasis added.) It is clear from the historical development of Section 6872 that while the State is interested in preserving publicly - owned mineral resources, it also recognizes the importance of allowing the public to lease its tidelands and submerged lands whenever the publicly -owned mineral assets contained therein are subject to unnatural movement to a location outside the affected public's jurisdictional domain. 18286 9. x I 1 2 3 4 5 6 7 8 9 10 Q 11 O 0 J M —0 12 No o°mo— >_"`�"•13 cNz� N y ♦ n y M WRJ Q; Ou 0 vaJm^14 U h O < < U Z < 3m20ti �a=5o;15 W p W U > 0 Z J i'16 O < e 0 N J 0 17 n 18 19 20 21 22 23 24 25 26 27 28 Moreover, while the 1955 amendment contains the language "are being drained", this alone cannot justify the conclusion, as proposed by Petitioners, that in the absence of current operating wells on adjacent land, the purpose of Section 6872 must not be given effect. Contrary to what Petitioners would like the Court to believe, "drainage" as contemplated by Section 6872 does not cease to exist merely because the production operations which caused the current drainage have been terminated. To adopt such a line of reasoning would clearly defeat both the purpose and policy of Section 6872. As the uncontradicted' evidence presented to the Commission demonstrated, once production in adjacent lands has caused a pressure differential, drainage will (a) continue until the pressure depletion caused by offset production has been stabilized (AR p. 44), (b) oil flow from any undeveloped reser- voir will continue for some considerable time after the produc- tion from the developed portion has ceased (AR p. 42), and (c) in the specific case of the Tidelands the existing pressure sink will continue to cause oil to migrate away from Hermosa for a number of years long after the drilling operations have stopped (AR p. 40). In light of the above, if the Court adopts the reasoning of Petitioners on this issue the Court will have to ignore the fact that Section 6872 is clearly intended in large part to foster and facilitate the protection and development of publicly owned mineral assets whenever such assets are being lost due to their unnatural movement, migration, or drainage to another location. U 18286 10. 1 2 3 4 5 6 7 8 9 10 11 0 0 �n `12 0 c o s 0 O0HZ0"•13 C5 jrnom X!214 U_� ma.w,a:15 „ 0 W 0 0 W • e C, i 0 Z :•:<C-'16 O` 00 N J 17 18 19 20 21 22 23 24 25 26 27 28 D. NOTHING IN THE LEGISLATIVE HISTORY OF SECTION 6872 INDICATES THAT DRILLING FROM UPLAND SITES HAS BEEN PRECLUDED BY THE ESTABLISHMENT OR EXISTENCE OF THE SANTA MONICA BAY OIL SANCTUARY. Petitioners purport that the Commission is precluded from approving leases on upland sYtes on the ground that such approvals are prohibited by virtute of the establishment and/or existence of the Santa Monica Bay Oil Sanctuary. This argument, however, is misleading in that there is nothing in the legis- lative history of any of the statutes cited by Petitioners which indicates that drainage of other requirements of Section 6872(a) are not remotely controlled by the legislation establishing or governing the Sanctuary. Section 6872.was amended in 1970 (Stats. 1970, Ch. 1438, §1) as follows: "(b) Notwithstanding any other provision of this section, no tide and submerged lands within the areas of the County of Los Angeles . . . may be leased by the commission unless such lands are within one nautical mile of the ordinary high water mark, the conditions of subdivision (a) . . . have been met, and the drilling for oil and gas deposits is to be done by means of slant drilling from an upland site." This 1970 amendment was included within AB 2464 (1970, Sieroty) as part of an extensive revision to the tide and submerged lands leasing provisions of the Public Resources Code, withspecific regard to previously granted tide and submerged lands in Santa Monica Bay. (Stats. 1970, Ch. 1438; the 111970 Legislation"; see McPhearson Opposition Memorandum (hereinafter 18286 11. 1 2 3 4 5 6 7 .8 9 10 a it 0 0 J = W `0 12 ui0 0 9 0 >_"= <«"_13 0 h CIS •W n n a : r p M•�^�-14 h. M ; % U - " m : ` y z g Ji X 015 W • 2 v C� j J Y •:<�916 O 0 0 n J 0 17 18 19 20 21 22 23 24 25 26 27 "McPhearson Memo."), Exhibit 3.) The analysis of the Senate Committee on Governmental Organization concluded that: "The net effect of this measure could be to limit withdrawal of petroleum materials to one mile offshore on the tidelands of the affected cities, provided that said withdrawal came from wells on upland sites using slant drilling. Tide and submerged lands be developed [sic], and thus are in effect included in the Santa Monica Bay oil sanctuary." (McPhearson Memo., Exhibit 4, p.2 (emphasis added).) In a letter sending the 1970 Legislation to the Governor for signature, its author explained the intended effect of the legislation as follows: 28 11 //// "Assembly Bill 2464 is designed to eliminate the possibility of an orchard of off -shore oil drilling platforms in Santa Monica Bay. [q] Under present law ... there exists a sanctuary . . . between Pt. Fermin ( San Pedro) and the Ventura County line. Excepted from this sanctuary are cities possessing tideland grants which include mineral rights. The cities holding these tideland grants are Los Angeles, Santa Monica, Redondo Beach and Hermosa Beach. "Under certain conditions, these cities can now enter into oil and gas leases which would necessitate the use of off -shore oil drilling platforms. If any of these cities did extract oil from their leases and thereby drained oil from adjacent State-owned reserves, the State would then be permitted to drill in that area to protect its oil interests. "Such a situation would almost certainly have a snow -balling effect and before long an orchard of oil drilling platforms would scar the Los Angeles County coastline. (9) (Assembly Bill 2464 does not prevent slant drilling from upland sites within one mile of the ordinary high water mark.)" (McPhearson Exhibit 5 (emphasis added).) 18286 12. 0; 1 2 3 4 5 6 7 8 9 10 11 0 0 J M 000 12 W 0 Z 0_ >oNZ«0 "•13 ��Q•00 116 .5 n V14 0<< u :< 3 m 2 of 01 = W . �e u • u i i 0`= iw16 o< a0 N J a 17 n 18 19 20 21 22 23 24 25 26 27 28 To achieve these purposes, that same 1970 Legislation also added the following provision to Public Resources Code §7057: "Notwithstanding any other provision of this section, no tide or submerged lands owned or under the jurisdiction of any city shall be leased for the exploration for, drilling for or production of petroleum products within the areas of the County of Los Angeles . . . unless such lands are within one nautical mile of the ordinary high water mark, the applicable conditions of the Public Resources Code and requirements of the State Lands Commission have been met, and the drilling for oil and gas deposits is to be done by means of slant drilling from an upland site." As the above legislative history indicates, the requirements of Section 6872(a), including the requirement of a "drainage" finding, have absolutely nothing to do with the Santa Monica Bay oil sanctuary. (Pet.Mem., p. 11.) The drainage requirement in Section 6872(a) was enacted as Section 86 of the State Lands Act of 1938. (McPhearson Memo., Exhibit 1, p.33.) And, all of the requirements of Section 6872(b) have been in force since no later than 1955. Further, the 1970 Legislation, by effectively adding municipally owned tide and submerged lands to the pre-existing Santa Monica Bay oil sanctuary (McPhearson Memo, Exhibit 4, p.2, "Comment"), does not even arguably reflect a Legislative intent, as suggested by Petitioners, to "prevent oil drilling in the Los Angeles County tidelands." (Pet.Mem., p.12.) Contrary to the implications of Petitioners' arguments, the prevention of oil and gas operations in the subsurface of the Bay, from upland surface locations is not only absent from the language of the 1970 Legislation, but also is contrary to the stated intent of the 18286 13. m 1 2 3 4 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 1970 Legislation which clearly "does not prevent slant drilling from upland sites . . . ." (McPhearson Memo, Exhibit 5.) Although the intent and the unambiguous language of the 1970 Legislation clearly prohibits oil and gas operations from drilling platforms on the surface of the waters of Santa. Monica Bay, there is absolutely nothing in the history of the above legislation to suggest that the same prohibition applies to slant drilling from an upland site. (§ 6872(b); McPhearson Memo., Exhibits 4 and 5.) The 1970 Legislation must be interpreted to achieve all of its objectives, that is, not only to prevent operations from drilling platforms on the surface of Santa Monica Bay (which is not an issue in the instant case) but also to foster the protection of public property assets through opera- tions from the surface of upland sites. (Wotton v. Bush (1953) 41 Cal.2d 460, 467.) E. PETITIONERS' "DOMINO EFFECT" THEORY MUST BE REJECTED SINCE IT IS BEYOND THE SCOPE OF REVIEW PERMITTED UNDER 1094.5 Petitioners argue that even if the Lease and the Proposed Operations are lawful and proper, the Court must nonetheless overturn the actions of the Commission in order to prevent a "domino" effect from occurring. Petitioners fear that if Hermosa and MacPherson are permitted to exercise their rights in a lawful manner, then others will also demand the same rights. (Pet.Mem., P. 11-12.) Petitioners fear that such a domino effect would "effectively undermine the purpose of the Santa Monica Bay sanctuary which is designed to prevent oil drilling in the Los 18286 14. 1 2 3 4 5 6 7 8 9 10 11 0 0 J « ` '0 12 I z Q 0 q z m 0 I y < n oy=«"13 I ► : 0 ry O r I 5 —14 J N < M < z<u' I : i r 15 y=u p ` Z r a z<No"16 < o0 0 N ., 17 O 18 19 20 21 22 23 24 25 26 27 28 Angeles County tidelands. ,3 (Pet. Mem, p. 12.) This position, however, is clearly untenable not only because the legislative history indicates otherwise, but also because such an inquiry goes far beyond the scope of review permitted under Section 1094.5. CONCLUSION On the basis of the foregoing, and the opposition memo- randa of the Commission and of Macpherson, Hermosa respect -fully requests that the Petitioners be denied any relief on their Petition. If the Court should conclude that relief on the Petition is warranted, Hermosa respectfully requests that the matter be remanded by writ directed to the Commission for further action in compliance with specified requirements of law and with the further direction that the Court be thereafter apprised by return to the writ of the actions which shall have been taken by the Commission in compliance with such writ. DATED: November/s, 1993 CHARLES S. VOSE, CITY ATTORNEY OLIVER) $XRR & VOSE^ BY: EDWARD W. LEE SQ. STEVEN B. QUI ANILLA, ESQ. Attorneys for Real Party in Interest City of Hermosa Beach 3. Petitioners ignore that one of the purposes of the 1970 Legislation is to prevent operations from drilling platforms on the surface of Santa Monica Bay, while another purpose is to permit protective operations in the Bay from upland surface locations. r 18286 15. PROOF OF PERSONAL SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 281 S. Figueroa St., 2nd Floor, Los Angeles, California 90012. On November 15, 1993, I served the foregoing document during regular business hours described as REQUEST FOR JUDICIAL NOTICE on the following party(ies) in this action by placing a true copy thereof enclosed in sealed envelope(s) addressed as follows: Jan Chatten-Brown Shute, Mihaly & Weinberger 396 Hayes Street San Francisco, CA 94102 Personally served at: 281 S. Figueroa St., 2nd Floor Los Angeles, Ca 90012 John Quirk, Esq. Bright & Brown 550 N. Brand Blvd., Suite 2100 Glendale, CA 91203-1900 Personally served at: 281 S. Figueroa St., 2nd Floor Los Angeles, CA 90012 . I caused such envelope(s) to be delivered by hand during regular business hours to the office(s) of the addressee(s). I declare under penalty of perjury according to the laws of the State of California that the foregoing is true and correct. Executed on November 15, 199 3,,, ay-/ Los Angel --)California. Steven B. Q41ntanilla e. PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, the undersigned, am over the age of eighteen years and not a party to the within action. I am employed in the County of Los Angeles, State of California. My business address is 281 S. Figueroa St., 2nd Floor Los Angeles, California 90012. On November 15, 1993, I served the foregoing document described as REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION FOR WRIT OF MANDATE on the interested party(ies) in this action by placing true and correct copy(fes) thereof enclosed in sealed envelope(s) addressed as follows: Alan V. Hager, Esq. Assistant Attorney General 300 South Spring Street, Suite 5212 Los Angeles, CA 90013 I placed said envelope(s) for deposit with the United States Postal Service by placing same for collection and mailing at 281 S. Figueroa St. Los Angeles, California on that date following the firm's ordinary business practice. I am readily familiar with the firm's practice for collection and processing of correspondence for mailing with the U.S. Postal Service the same day it is collected and processed. Such correspondence would be deposited with the U.S. Postal Service that same day in the ordinary course of the firm's business. I declare under penalty of perjury according to the laws of the State of California that the foregoing is true and correct. Executed on November 15, 1993, at Los Angeles, California. HERMOSA BEACH CHAMBER OF COMMERCE 323 PIER AVENUE HERMOSA BEACH, CALIFORNIA 90254 (310) 376-0951 • FAX (310) 798-2594 January 31, 1994 Mayor Sam Edgerton and members of the City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Dear Mayor Edgerton and members of the City Council, RECEIVED F 1 1994 CITY 114G�R. OFFICE Last week we met with the owner of Nations!, Jan Koch regarding his concern and the recent communication from the City that his flags outside his buildings be removed or face imposed fines. We understand that certain aspects of the sign ordinance.are being reviewed, and we respectfully request that the enforcement of that communication and any fines be waived until the ordinance is fully reviewed. We thank you and the City Council for their consideration in this matter. Sincerely, Warren Barr, O.D. President Hermosa Beach Chamber of Commerce C TY OF HERMOSA BEACH PLANNING DEPARTMENT MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: The Planning Commission SUBJECT: Imposing 17 -foot Garage Setback on Ngnconform- ing Remodels I DATE: January 27, 1994 At our meeting of July 6, 1993 the Planning Commission approved a substantial addition and remodel of a single-family home (850 8th Place) with nonconforming side yards and a nonconforming garage setback, subject to the condition that the garage setback be cor- rected. We made this a condition of approval in this case be- cause the expansion was fairly substantial, and correcting the garage setback could easily be accomplished, and would result in the addition of guest parking. On appeal, at your meeting of August 10, 1993 the City Council reversed our decision to require the correction to the garage setback. By this memorandum we are requesting some direction regarding the 17 -foot setback and if your decision should be interpreted as a precedent. We believe it was a very reasonable condition con- sidering the circumstances, and wonder if your decision rep- resents a change in policy for the city in regards to the 17 -foot garage setback requirement. For example, the Housing Element of the General Plan contains the following policies: Policy #5: "Off-street parking spaces shall meet standards relating to size, access and location." Policy #15: "Parking shall be designed to maximize its use- fulness, and availability, particularly guest spaces." Also, within the discussion of housing standards in the Housing Element, in regards to parking, it is noted that the 17' setback is important as it provides for two additional spaces. p/memo3 b 3 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 25, 1994, at the hour of 6:15 P.M. ROLL CALL Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None INTERVIEWS OF APPLICANTS FOR PLANNING COMMISSION VACANCY A brief discussion ensued with regard to procedure for conducting interviews of the five applicants who had been invited back to this meeting for a second interview. It was the consensus of the City Council to have each Council member ask one question of each of the applicants, and to interview each of the applicants separately, apart from the others. Mayor Edgerton then directed, with the consensus of Council, that the applicants wait outside of the room during the interviews and enter one at a time when called, in alphabetical order. Coming forward to conclude the interview process and respond to individual Council questions were the following applicants: 1) Steven A. Crecy 2) Alan M. Dettelbach 3) Annie Moler 4) Darrell S. Rockefeller 5) Peter C. Tucker Mayor Edgerton noted that the appointment would be made later this evening during the regular meeting when the scheduled item comes up on the agenda. CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, January 25, 1994, at the hour of 7:05 P.M., to the Regular Meeting of the same date, which was scheduled to begin at the hour of 7:00 P.M. City Cle'r'k City Council Minutes 01-25-94 Page 8403 1 a Cl) s MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on January 25, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Mike Macdonald, Easy Reader Reporter W)T.T. PIAT.T. Present: Benz, Bowler, Oakes, Mayor Edgerton Absent: Reviczky (arrived at 7:13 P.M.) PRESENTATION - Presentation by the Water Replenishment District of Southern California Bob Goldsworthy, Director for the Western Area of the Water Replenishment District of Southern California, made a presenta- tion and responded to Council questions. Mr. Goldsworthy was invited back (date to be set by staff) to continue the presenta- tion at a later meeting. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Warren Barr - Hermosa Beach Chamber of Commerce President, said in the spirit of cooperation between neighboring cities, the Chamber urged the Council to waive the film permit fee as requested by the Redondo Chamber of Commerce in item 9; Nick Nicholson - 219 Gull Street, of the Kenny Nicholson Foundation, thanked the Council and all of the people who had donated toys over the Holiday period; and, Mark Conte - Mark Conte Productions, spoke to item 9 and asked that it be moved up on the agenda. Action: To hear item 9 immediately after the public hearings. Motion Mayor Edgerton, second Benz. So ordered. (b) WRITTEN COMMUNICATIONS - None At 7:34 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 1. CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity; (g) Bowler, (h) Benz, City Council Minutes 01-25-94 Page 8.404 a (2 I and (k) Bowler. Motion Bowler, second Oakes. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Adjourned Regular Meeting held on January 11, 1994; (2) Minutes of the Regular Meeting held on January 11, 1994; and, (3) Minutes of the Special Meeting held on January 6, 1994. Action: To approve the minutes of the Special Meeting of January 5, 1994; the Adjourned Regular Meeting of January 11, 1994; and, the Regular Meeting of January 14, 1994 as presented. (b) RECOMMENDATION TO RATIFY DEMANDS AND WARRANTS Nos. 46242 through 46302 inclusive, noting voided warrants Nos. 462421, 46245, 46246, and 46263. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER, 1993 FINANCIAL REPORTS: 1) Revenue and Expenditure Report (to be submitted with the mid -year budget review at the meeting of February 22, 1994); 2) City Treasurer's Report; and, 3) Investment Report Action: To receive and file the December, 1993 finan- cial reports as presented. (e) RECOMMENDATION TO RECEIVE AND FILE THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE CITY OF HERMOSA BEACH. With Resolution for adoption. Memorandum from City Treasurer John Workman dated January 12, 1994. Action: To receive and file the Annual Statement of Investment Policy for the City of Hermosa Beach as pres- ented and to adopt Resolution No. 94-5654, entitled, $'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1994.11 City Council Minutes 01-25-94 Page 8405 (f) RECOMMENDATION TO RECEIVE AND FILE THE AUDITOR REVIEW OF 1992-93 APPROPRIATION LIMIT. Memorandum from Viki Cope- land dated January 18, 1994. Action: To receive and file the Review of 1992-93 Ap- propriation Limitation submitted by the City's indepen- dent auditor, Coopers and Lybrand. (g) RECOMMENDATION THAT COUNCIL EXTEND THE CITY'S CONTRACT WITH MULTIVISION FROM THE PREVIOUS EXTENSION THROUGH THE END OF FEBRUARY, 1994, TO A NEW DATE OF MAY 31, 1994. Memorandum from Assistant City Manager Mary Rooney dated January 18, 1994. This item was removed from the consent calendar by Coun- cilmember Bowler for separate discussion later in the meeting in order to speak to MultiVision's allegation of a conflict of interest of a Cable Television Advisory Board member and to ask the Council to take a position of reaffirmation of the Cable Board's decision that there was no conflict of interest. Coming forward to address the Council on this item was: Don Granger - Regional Manager for MultiVision, stated MultiVision's position regarding its allegation of conflict of interest. City Attorney Vose said that he had talked with the Fair Political Practices Commission counsel (FPPC), and there was nothing to assume there was a conflict Action: To approve the Cable Television Advisory Board recommendation to extend the City's contract with Multi - Vision from the previous extension, through the end of February, 1994, to a new date of May 31, 1994, and to approve the revised timeline. Motion Reviczky, second Bowler. The motion carried unanimously. Final Action: To accept the Cable Television Advisory Board's position that there was no conflict and to serve notice on MultiVision that it was up to them to proceed with a complaint to the FPPC or drop the issue. Motion Mayor Edgerton, second Bowler. The motion car- ried unanimously. (h) RESOLUTION OF SUPPORT FOR THE SANTA MONICA BAY RESTORA- TION PROJECT. Memorandum from City Manager Stephen R. Burrell dated January 19, 1994. Supplemental letter from Etta Simpson dated January 24, 1994. This item was removed from the consent calendar by Coun- cilmember Benz for separate discussion later in the meeting in order to call public attention to the item. City Council Minutes 01-25-94 Page 8406 Action: To adopt Resolution No. 94-5658, entitled, IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN SUPPORT OF THE SANTA MONICA BAY RESTORATION PLAN: COMPREHENSIVE CONSERVATION AND MANAGE- MENT PLAN FOR THE BAY.11 Motion Benz, second Bowler. So ordered. (i) RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO INI- TIATE A STUDY FOR A TEXT AMENDMENT TO THE ZONING OR- DINANCE TO ELIMINATE OR MODIFY REQUIRED AUTOMATIC REFER- RALS BACK TO THE PLANNING COMMISSION WHEN THE CITY COUN- CIL MODIFIES CONDITIONAL USE OR OTHER DEVELOPMENT PER- MITS ON APPEAL. With Resolution for adoption. Memoran- dum from Planning Director Michael Schubach dated January 18, 1994. Action: To adopt Resolution No. 94-5655, entitled, $'A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY TO CON- SIDER AMENDMENTS TO SECTION 1413 OF THE ZONING ORDINANCE TO ELIMINATE OR MODIFY THE REQUIREMENT THAT CITY COUNCIL MODIFICATIONS TO CONDITIONAL USE PERMITS, ON APPEAL, BE REFERRED BACK TO THE PLANNING COMMISSION FOR REVIEW AND COMMENT. (j) RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO INI- TIATE A TEXT AMENDMENT TO THE SIGN ORDINANCE TO INCREASE THE ALLOWABLE COVERAGE FOR WINDOW SIGNS FROM 20% TO 50%. With Resolution for adoption. Memorandum from Planning Director Michael Schubach dated January 18, 1994. Action: To adopt Resolution No. 94-5656, entitled, IIA RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE PUBLIC HEARINGS FOR CONSIDERATION OF AN AMENDMENT TO THE SIGN ORDINANCE TO INCREASE. THE AMOUNT WINDOW SIGNS ARE ALLOWED TO OBSCURE THE WINDOW FROM 20% TO 50%.11 (k) UPDATE ON STINNETT WELLS. Memorandum from Acting Build- ing and Safety Director Michael Schubach dated January 20, 1994. This item was removed from the consent calendar by Coun- cilmember Bowler for separate discussion later in the meeting due to questions and a request for a staff report. Acting Building and Safety Director Schubach presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to continue to monitor Stinnett well sites and track Department of Oil and Gas (DOG) progress, and to direct staff to report back at the next meeting and to determine if the site needs more vacuuming when it City Council Minutes 01-25-94 Page 8407 rains. Motion Reviczky, second Oakes. The motion carried unanimously. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 94-1102, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING OR- DINANCE TEXT PERTAINING TO WALLS AND FENCES AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 13, 1994. Dean Nota, architect, responded to Council questions. Action: To adopt Ordinance No. 94-1102, entitled, 'IAN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT PERTAINING TO WALLS AND FENCES AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Oakes, second Reviczky. AYES: Bowler, Oakes, Reviczky, Mayor Edgerton NOES: Benz (b) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTEC- TION STANDARDS. For waiver of full reading and introduction. Memorandum from Assistant City Man- ager Mary rooney dated January 18, 1994. Sup- plemental information from City Attorney Vose clarifying the Ordinance language presented January 25, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. Action: To waive full reading of Ordinance No. 94-1103, entitled, IIAN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISH- ING LOCAL CABLE CONSUMER PROTECTION STANDARDS." Motion Benz, second Reviczky. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None Coming forward to address the Council on this item were: Don Granger - Regional Director of MultiVision Cable Television, submitted a list of proposed amendments to the Ordinance (actions on the .suggestions are shown below); and Rick Learned - Cable Television Advisory Board, responded to Mr. Granger's comments. City Council Minutes 01-25-94 Page 8408 Further Action: To approve amendments of: 1) page 10, no. 5, line 4, "... provisions of Govern- ment Code 53088.2 (k), et seq."; 2) page 11, no. 13, line 25, "... request was made in writing by the consumer ... 3 ) page 12, no. 15, line 21, " ... by the consumer in writing within forty-five (45) days ..."; and, to not approve changes to page 11, no. 11. Motion Benz, second Mayor Edgerton. So ordered. Further Action: To approve amendments of: 4) page 13, no. 16, line 11, "... consumer's monthly premium bill for ...". Motion Benz, second Mayor Edgerton. So ordered.; Further Action: To not approve changes to page 12, no. 14 and to page 14, no. 20. Motion Mayor Edgerton, second Reviczky. So ordered. Further Action: To not approve changes to page 4, sec- tions (B) and (C) . Motion Mayor Edgerton, second Oakes. So ordered. Final Action: To introduce Ordinance No. 94-1103, as amended by the City Attorney's clarifying language and by further actions nos. 1, 2, 3, and 4 shown above. Motion Reviczky, second Bowler. The motion carried unanimously. (c) RESOLUTION NO. 94-5657 AND ORDINANCE NO. 94-1099: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CAL- IFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, IN REGARDS TO OFF-STREET PARKING REQUIREMENTS, TO .ES- TABLISH NEW AND LESS RESTRICTIVE PARKING REQUIRE- MENTS FOR THE DOWNTOWN AREA, AND OTHER MODIFICA- TIONS REGARDING ADOPTION OF A MITIGATED ENVIRONMEN- TAL NEGATIVE DECLARATION" (PENDING APPROVAL BY THE COASTAL COMMISSION). For adoption of Resolution and Ordinance. Memorandum from Planning Director Michael Schubach dated January 18, 1994, and com- ments from Planning Commission regarding amended Resolution and Ordinance. Supplemental memorandum from Public Works Director Amy Amirani dated January 20, 1994. Planning Director Schubach responded to Council questions. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, questioned if this item had anything to do with parking structures. (He was told that this item did not pertain to parking structures, but parking structures were allowed in the current Municipal Code.) City Council Minutes 01-25-94 Page 8409 Action: To adopt Resolution No. 94-5657, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE POLICIES OF THE CITYIS COASTAL LAND USE PLAN IN REGARDS TO PARKING, AND ADOPTING A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION, PENDING APPROVAL OF SAID AMENDMENT BY THE COASTAL COMMISSION." (Supersedes Resolution No. 93-5646.) Motion Benz, second Oakes. The motion carried unanimously. Further Action: To adopt Ordinance No. 94-1099, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TEXT, IN REGARDS TO OFF-STREET PARKING REQUIRE- MENTS, TO ESTABLISH NEW AND LESS RESTRICTIVE PARK- ING REQUIREMENTS FOR THE DOWNTOWN AREA, AND OTHER MODIFICATIONS REGARDING BUILDING EXPANSIONS AND CHANGES OF USE, AND THE ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION (PENDING APPROV- AL BY THE COASTAL COMMISSION)." Motion Benz, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None Final Action: To approve the request from the Downtown Business Area Enhancement District Adviso- ry Commission for approval to set aside $120,000 from the VPD fund account to purchase 20 parking spaces for the purpose of business incentive to be disposed by the DBAED Commission, as contained in the supplemental memorandum from Public Works Di- rector Amy Amirani. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Reviczky. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(g), (h), and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calen- dar are shown under the appropriate items. The meeting recessed at 10:16 P.M. The meeting reconvened at 10:34 P.M. PUBLIC HEARINGS 4. APPEAL OF THE PLANNING COMMISSIONS'S TWO SPECIFIC CONDI- TIONS TO AN AMORTIZED C.U.P. TO AN ADULT THEATRE AND BOOKSTORE AT 809 PACIFIC COAST HIGHWAY, THE TENDER BOX. City Council Minutes 01-25-94 Page 8410 (Continued from the December 14, 1993 meeting.) Memo- randum from Planning director Michael Schubach dated January 18, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 7:35 P.M., coming forward to address the Council on this item were: Jack Wood - 200 Pier Avenue, #39, representing the business owner, responded to Council questions and said the owner agreed to the change recom- mended by the Planning Commission; and, Parker Herriott - 224 24th Street, said that the City of Los Angeles does not allow doors on viewing booths; questioned if Hermosa Beach - City Ordinance was being obeyed; and raised questions of public health and safety. The public hearing closed at 7:49 P.M. Action: To approve the Planning Commission and staff recommendation to grant the appeal to eliminate the two subject conditions, with the clarification, in condition #15, that the door locks will be of a type not to impede entry by the police, and, to adopt Resolution No. 94- 5653, entitled, 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO APPROVE A CONDI- TIONAL USE PERMIT WITH CONDITIONS, ELIMINATING TWO OF THE PLANNING COMMISSION IMPOSED CONDITIONS ON APPEAL, FOR AN EXISTING ADULT BUSINESS (SALE OF ADULT BOORS, VIDEOS, MAGAZINES AND PARAPHERNALIA AND ADULT THEATRE/ ARCADE) AT 809 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS LOT 2 AND LOT 4, BLOCK B, REDONDO HERMOSA TRACT.0 Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Edgerton. S. 3rd QUARTER GENERAL PLAN AMENDMENTS: LAND USE ELEMENT REVISIONS. (Continued from October 12, 1993; October 26, 1993; November 9, 1993; and, November 23, 1993 meet- ings.) Memorandum from Planning Director Michael Schubach dated January 19, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The meeting recessed at 7:59 P.M. in order to allow extra copies of the Land Use Element revision to be made. The meeting reconvened at 8:09 P.M. The public hearing opened at 8:17 P.M. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, said residents City Council Minutes 01-25-94 Page 8411 paid most of the taxes, not businesses; com- plained of too much traffic; questioned how this would come back and if it could be subject to a Referendum. The public hearing closed at 8:20 P.M. Straw Vote: To approve the Goal (page 46, Commercial Space Alternative) to maximize commercial uses on down- town commercial properties. The vote was all ayes. Straw Vote: To approve the R/UDAT guidelines for the downtown area (page 46 - 48). The vote was all ayes. Straw Vote: To approve the Downtown Business Area En- hancement District Advisory Commission expanded area map (page 60). The vote was all ayes. Straw Vote: To leave Area I as shown on map 11 (a) on page The vote was all ayes. (at the north end of City 18) as R-3. Straw Vote: To agree to omit the phrase, "on private property", in reference to public parking structures constructed and operated by the private sector. The vote was all ayes. Action: To direct that the Land Use Element Revision be brought back for adoption in final form after a final environmental assessment and Planning Commission review of any final changes for the Regular Meeting of March 22, 1994. Motion Mayor Edgerton, second Bowler. The motion car- ried unanimously. The order of the agenda was suspended at 9:01 P.M. to go to item no. 9. MUNICIPAL MATTERS 6. RECOMMENDATION TO DIRECT STAFF TO PROCEED WITH THE PREP- ARATION OF NECESSARY DOCUMENTS TO CREATE UNDERGROUND UTILITY DISTRICTS FOR PROJECTS ON PIER AVENUE, PACIFIC COAST HIGHWAY, AND BEACH DRIVE. Memorandum from Public Works Director Amy Amirani dated January 12, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Bob Jensen - Southern California Edison Area Manager, responded to Council questions; said City Council Minutes 01-25-94 Page 8412 the money is accumulated by accrual of $4 per overhead fed meter per year; there would be no interest charged to the City for the advance of funds; the PUC directed that districts be formed with a priority for areas of heavy traf- fic, scenic beauty, or pedestrian access; the only extra cost to the City would be for the formation of the district; and the cost to the property owner was determined from an under- ground project in Redondo Beach a year ago. Action: To approve the staff recommendation to: 1) direct staff to proceed with the preparation of necessary documents to create an Underground Dis- trict for the recommended project: a) Pier Avenue, from Hermosa Avenue to Pacific - Coast Highway at a cost of $345,200; b) Pacific Coast Highway, from Artesia Boulevard to Aviation at a cost of $518,800; and, c) Beach Drive, from Herondo Avenue to 24th Street at a cost of $1,136,000, for a total cost of $2,000,000, to be provided by Southern California Edison, under California Public Utility Commission Rule 20A, through a yearly deposit to Hermosa Beach of $131,574 (Hermosa Beach may borrow against its account up to $2,000,000); with a two year completion date for the project; and, at a cost to affected property owners of from $500 to $1,200, payable to the district or by a lien on the property; and, 2) approve an appropriation of $10,000 from prospec- tive expenditures to CIP 93-145 for consultant ser- vices in order to prepare the necessary documents to create the three Underground Utility Districts. Also, with the understanding that staff will report back with information on other mechanisms for area assess- ment, in order to see if it is possible to create more undergrounding districts. Motion Bowler, second Reviczky. The motion carried unanimously. 7. BILTMORE PARR ALTERNATIVES CIP 92-523: TO APPROVE CON- CEPTUAL PLAN, APPROVE APPROPRIATION OF $6,000 FROM BILT- MORE PARR PROJECT TO OBTAIN LANDSCAPE ARCHITECTURAL SER- VICES, AND APPROVE EXPENDITURE OF APPROXIMATELY $60,000 FROM THE SANITARY SEWER IMPROVEMENT PROJECT (CIP 92-408) FOR THE DESIGN AND CONSTRUCTION OF THAT PORTION OF SEWER WHICH EXTENDS THROUGH THE PARR SITE. Memorandum from Public Works Director Amy Amirani dated January 18, 1994. Supplemental memorandum from Steven A. Crecy, Chairperson, Parks, Recreation and Community Resources Advisory Commission dated January 25, 1994. Supplemen- tal Action Plan submitted by Public Works Director Amy Amirani dated January 25, 1994. City Council Minutes 01-25-94 Page 8413 Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Pete Tucker - 235 34th Street, said he was amazed that $60,000 would be spent for a park sewer when there were areas of the City that are so much more in need; asked that the sewer problem be reassessed (he was told that this portion of the sewer was in the original project, recently completed, but had been deferred due to the possibility of a hotel on the property that could have been required to pay for the sewer); Parker Herriott - 224 24th Street, showed his design; spoke of the paths being other than concrete, as that was hardscape and the Or- dinance allowed only 100 percent softscape; and, Steve Crecy - Parks, Recreation and Community Resources Advisory Commission Chairperson, said more public input was needed for this project and the Commission was ready and able to hold the needed public hearings for the park. Action: To approve the staff recommendation to: 1) approve an appropriation of $6,000 from the Bilt- more Park Project, CIP 92-523, to obtain landscape architectural services to provide working drawings for the park development; and, 2) approve an expenditure of approximately $60,000 from the Sanitary Sewer Improvement Project, CIP 92-408, for the design and construction of that portion of the sewer which extends through the Park site. And, send the project to the Parks, Recreation and Com- munity Resources Advisory Commission with the direction for specific design phases contingent upon financing options, with the item to come back to Council within three months. Motion Reviczky, second Benz. The motion carried unanimously. 8. SOUTH SCHOOL PARR CIP 92-501: DIRECT STAFF TO PREPARE REQUEST FOR PROPOSAL TO OBTAIN ARCHITECTURAL SERVICES TO DESIGN SOUTH SCHOOL PARR AND ALLOCATE $20,000 FROM SOUTH SCHOOL PARR PROJECT TO PAY FOR ARCHITECTURAL CONSULTANT SERVICES. Memorandum from Public Works director Amy Amirani dated January 18, 1994. Supplemental memorandum from Steven A Crecy, Chairperson, Parks, Recreation and Community Resources Advisory Commission dated January 25, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Assistant City Man- ager Mary Rooney also responded to Council questions. City Council Minutes 01-25-94 Page 8414 Coming forward to address the Council on this item were: Steve Crecy - Parks, Recreation and Community Resources Advisory Commission (PRCR) Chairper- son, spoke to the supplemental memorandum from the Commission; Brian Mitchell - PRCR Commissioner, said that the schedule will stretch beyond the July date shown; and, Frances Parker - 521 1/2 Loma Drive, said in the original park plan there had been no talk of tennis courts; questioned so much land desig- nated for a sport for at most four people at a time when the City has courts at Clark and the Community Center; offered to buy the 10 foot wide strip of land behind her property as she felt it was not easily accessible from the park, being a long, thin cul-de-sac, and could create a safety problem both for the park and homeowners abutting it. Action: To approve the staff recommendation, including the supplemental memorandum from the Parks, Recreation and Community Resources Advisory Commission, to initiate Phase I of the construction of South School Park: 1) direct staff to prepare a Request For Proposal (RFP) to obtain architectural services to design South School Park per the conceptual plan previous- ly submitted by the Parks, Recreation and Community Resources Advisory Commission; and, 2) allocate $20,000 from the South School Park Proj- ect, CIP 92-501, to pay for architectural consul- tant services, with the understanding that Phase I would be budgeted at $308,375 from the current available amount of $319,729 ($100,000 currently budgeted from Park and Recreation Facility Tax Fund and $219,729 from County Prop A funds) and would include: a) removal of hardscape and refurbishment of ex- isting building; b) soil preparation and soil import for berms; c) irrigation and lighting; d) walks, stairs, curbs and roadway; e) parking lot; and, f) lawn areas and trees. Phase II, park final construction, would be currently unfunded by $350,000. Motion Mayor Edgerton, second Benz. The motion carried unanimously. 9. REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE FOR THE CITY OF HERMOSA BEACH TO WAIVE THE $1,317.75 FEE FOR FILMING THE REDONDO BEACH SUPER BOWL SUNDAY 10K RUN/5K WALK. Memorandum from City Manager Stephen R. Burrell dated January 20, 1994. City Council Minutes 01-25-94 Page 8415 Assistant City Manager Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: John Parsons - Redondo Beach Chamber of Commerce President, spoke to his request. Action: To waive the film permit fee of $1,317.15 for the Redondo Beach Chamber of Commerce sponsored Super Bowl Sunday 10K Run/5K Walk to take place on Sunday, January 30, 1994, and be aired on ESPN the following Sunday, February 6, 1994 at 9:00 A.M. PST. Motion Benz, second Reviczky. The motion carried unanimously. At 9:05 P.M. the order of the agenda was returned to item no. 1. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) Approval by Chamber of Commerce for funding of LA ONLINE computer access service. City Manager Burrell reported that the Hermosa Beach Chamber of Commerce had agreed to sponsor the funding for a one year trial of a basic on-line service provided by LA ONLINE at a cost of $150 per month ($1,800 total), which will begin February 15, 1994 and allow: 1) E-MAIL to Councilmembers and Department Heads; 2) access to Agendas, Minutes and City Calendar, for residents that will require no cost or logins, allow 24 hour accessibility, and be compatible with MAC's, IBM's, and terminals. Coming forward to address the Council on this item were: _Dave Silverberg - LA ONLINE, said all data entry would be provided by his firm. Action: To approve the trial service. Motion Mayor Edgerton, second Oakes. The motion carried unanimously. (b) Change Council meeting start time from' 7:00 P.M. to 7:30 P.M., with Resolution for adoption. Memoran- dum from City Manager Stephen R. Burrell dated January 20, 1994. Action: To continue this item to the Regular Meeting of February 8, 1994. Motion Mayor Edgerton, second Oakes. So ordered. (c) Update on joint Chamber/Council meeting. City Manager Burrell said the Chamber had suggested March as the earliest time for a meeting. City Council Minutes 01-25-94 Page 8416 11. 12. Action: Mayor Edgerton directed, with the consensus of the Council, that some tentative dates in March be set and returned to the Council for finalization. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Vacancies - Boards and Commissions: Appointment to the Planning Commission for one unexpired term. Memorandum from City Clerk Elaine Doerfling dated January 13, 1994. Action: To appoint Alan M. Dettelbach to the unexpired term on the Planning Commission ending June 30, 1996. Motion Benz, second Mayor Edgerton. So ordered. Final Action: To agendize consideration of changing other Planning Commission members. Motion Benz, second Bowler. So ordered. (b) School District/City Council/Planning Commission Annual Joint Meeting. Memorandum from Planning Director Michael Schubach dated January 18, 1994. Planning Director Schubach presented the staff report and responded to Council questions. Action: Mayor Edgerton directed, with the consensus of the Council, that a date in early Spring be set for a joint meeting of the City Council with the School Dis- trict and to include the Parks, Recreation and Community Resources Advisory Commission and possibly the Planning Commission if there are items of mutual interest. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: (a) Request by Councilmember Benz for consideration of removing requirements of a Conditional Use Permit (C.U.P.) for all businesses allowed in C-1 through C-3 zones. Those uses which require a C.U.P. should be eliminated from the allowable use list. (Continued from the December 14, 1993, and the January 11, 1994 meetings.) Councilmember Benz discussed his request. Action: To agendize for the Regular Meeting of February 8, 1994. Motion Benz, second Mayor Edgerton. So ordered. (b) Request by Councilmember Benz for consideration of bringing City Attorney services in-house. The City of Manhattan Beach recently proposed this due, in City Council Minutes 01-25-94 Page 8417 part, to a study by the Anderson Group. The analy- sis of that study indicated that Manhattan Beach could realize up to a 40% savings in attorney costs. (Continued from the December 14, 1993 meet- ing and January 11, 1994 meetings.) Supplemental memorandum from City Manager Stephen R. Burrell dated January 19, 1994. Councilmember Benz requested that this item be continued to the Regular Meeting of February 8, 1994. (c) Request by Councilmember Oakes for consideration of a Resolution of Intent to direct staff to study enforcement of seismic upgrading. Councilmember Oakes discussed her request Action: To agendize for the Regular Meeting of February 8, 1994, with the City Manager to provide a status report. Motion Oakes, second Benz. So ordered, CITIZEN COMMENTS Coming forward to address the Council at this time was: June Williams - 2065 Manhattan Avenue, spoke regarding CUPS and legal non-confoming status. ADJOURNMENT - The meeting adjourned in the memory of Savo M. Stoshitch, the architect who designed the Hermosa Beach City Hall, Jail and Fire Station and the Library. The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Wednesday, January 26, 1994, at the hour of 12:40 A.M. to an Adjourned Regular Meeting to be held on Thursday, February 3, 1994, at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of matters of Per- sonnel, pursuant to Government Code Section 54957: Meet and Con- fer; and, Matters of Litigation, pursuant to Government Code Sec- tion 54956.9(a): Turek v. City of Hermosa Beach; Byrnes v. City of Hermosa Beach; Lines (deceased) v. City of Hermosa Beach; Shefman v. City of Hermosa Beach; and, Allen v. City of Hermosa Beach. Deputy City Clerk City Council Minutes 01-25-94 Page 8418 R BUSINESS SYSTEMS SUPPLY INVOICE FINANCE-91: 001-400-1208-4305 01322 CITY OF HERMOSA BEACH FORMS/STOCK 01316 TIME 07:01:2211 GEN APPROP DEMAND LIST PAGE 0001 FOR 01/24/94 DATE 01/25/94 FAY VENDOR NAME DESCRIPTION VND ii ACCOUNT NUMBER TRN 0 AMOUNT INV/REF PO p CHK p 05500 001-400-2701-5401 00012 DATE INVC PROD K ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP ' R A&B AIR CONDITIONING 00002 170-400-8619-4201 00056 $492.70 THAN $500 rww VENDOR TOTAL##w#ww#w##ww#w#ww##w######w####w#w#w####wa###www#aawaaw#wawa##waaawa WATER HEATER/PD REMODEL 12/14/93 PD REMODEL III /CONTRACT SERVICE/PRIVAT 07739 46306 $0.00 01/20/94 ' sww VENDOR TOTAL wwwww#w#w#ww######w######w###w#####w######################awa###*awa 001-400-2101-4312 02207 $146.00 01/20/94 $49.2.70 /TRAVEL EXPENSE , POST R BANK OF AMERICA, NT & SA 04677 001-400-1141-4201 00186 $250.00 SAFEKEEPING FEES/NOV 93 05005 12/16/93 005005 CITY TREASURER /CONTRACT SERVICE/PRIVAT 07687 46307 $0.00 01/20/94 � saw VENDOR TOTAL ww####w#ww#w####w######w#w##w##w#w###############ww###a#aa######aww#25 3��0. 00 R JOHN L.#BOWLER REFUND/CANDIDATE DEPOSIT 05543 001-400-1122-4201 00296 $153.85 03928 46308 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAT $0.00 01 /20/94 ' w#w VENDOR TOTAL wwwww########w###############w#####ww#w##ww###########awa#####waa### 3153.85 R BUILDING NEWS, INC. 00413 001-400-4201-4305 00915 $27.013 PUBLICATIONS/BLDG 21657 12/31/93 021657 BUILDING 0723 409 /OFFICE OPER SUPPLIES $27.01 0I//20/94 #w# VENDOR TOTAL##ww#ww##w###########awa#############ww####w###################aw###- 3�7. O1 R CHRISTIAN L.wBURKE REFUND/CANDIDATE 05544 001-400-1122-4201 00297 $15385 DEPOSIT 01/20/94 . ELECTIONS /CONTRACT SERVICE/PRIVAT 03929 46310 $0.00 01/20/94 www VENDOR TOTAL w#w#www###w##w####w#####w####w############a#w#w#w####a##a#w##waa#aaa 3153. 85 � R BUSINESS SYSTEMS SUPPLY INVOICE 00034 001-400-1208-4305 01322 $395.31 FORMS/STOCK 01316 12/30/93 GEN APPROP /OFFICE OPER SUPPLIES #ww VENDOR TOTAL#s##w#w#w##ww#w#w###ww##w##w##w####w###aw#wwwwww###w#w#aaaaaaaairraa $395.31 R C.E.T. COMPANY FUEL PUMP/CIVIL DEF 765.0 05500 001-400-2701-5401 00012 $315.05 12/30/93 CIVIL DEFENSE /EQUIP -LESS THAN $500 rww VENDOR TOTAL##w#ww#w##ww#w#ww##w######w####w#w#w####wa###www#aawaaw#wawa##waaawa 3315. OS R C. P. O. A. TUITION/STRASER 03689 001-400-2101-4312 02207 $146.00 01/20/94 POLICE /TRAVEL EXPENSE , POST .4 . 201316 07808 46311 $392.42 01/20/94 85765.0 06224 46312 $319.58 01/20/94 05994 46313 $0.00 01/20/94 1b' ►'; 9 CITY OF HERMOSA BEACH FINANCE 0 DEMAND LIST TIME 07::0101::2121 pAr- TFOR 0002 01/24/94 DATE 01:'25/94 PAY VENDOR NAME VND k ACCOUNT NUMBER TRN # AMOUNT I1'JV/RFF PO # I -HK # DESCRIPTION DATE INVC PROJ k ACCOUNT DESCRIPTION AMOUNT UNFNC DATE EXP wrr VENDOR TOTAL i##iriwiii#iii#######M#«#i##Mix####i##««######xpx«#«q#aalra«aaq#anaaa 31.46.00 R CALIF MUNICIPAL TREASURERS 05539 001-400-1141-4305 00169 $54 12 MANUAL/CITY TREASURER 01/20/94 CITY TREASURER /OFFICE OPER SUPPLIES 07686 '$0.00 46314 01/20/94 rwi VENDOR TOTAL ii##xiii#rw##i#ixiw#####«x#x#«##«xxpxxx##ax#%#««####«axawa#a«aaM#a#« $54.10 R CAPE TRAINING CONFERENCE 04490 001-400-2101-4316 01080 $90.00 REGISTRATION/T. JOHNSON 01/20/94 POLICE /TRAINING 05991 46315 20.00 01/20/94 rrr VENDOR TOTAL w#wiwiwrwrwiiiiwiiw#w#wi####i#«xwi«a#iw#####iiwi#a#xw«x#xa«a«axxxa#« $90.00 R ROGER G.iCARLSON 05545 001-400-1122-4201 00298 $153.65 REFUND/CANDIDATE DEPOSIT 03930 46316 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAT 20.00 01.!20/94 VENDOR TOTAL i##i###iii#ii#i#x#i«#ix##i#iii##«##a««##«x#«#x######qq#x##«a«##apaap 3153.85 R CERTIFIED OFFICE EQUIPMENT 00389 110-400-1204-4201 00043 $20.57 OFFICE 4332 01012 46317 MACH MAINT/FY 94 4332 12/30/93 FINANCE. CASHIER /CONTRACT SERVICE/PRIVAT 20.00 ()1/20/94 r#r VENDOR TOTAL wwiwi#wiwiiiiw##i#wi#ii#ii###iixii##w«#xi###ixiix##i###i##««x#q##### $20.57 R CLEARS CONFERENCE 01510 001-400-2101-4316 01079 $150.00 REGISTRATION/ELLEDGE 01/20/94 POLICE 05990 46318 /TRAINING 20.00 01/20!94 ir♦ VENDOR TOTAL wwi#iiw#iw#iwxwx#iixixw«##qx#«qxa## $150.00 R COAST GLASS COMPANY• 00325 001-400-4204-4309 02775 $44.99 GLASS/BUILDING MAINT 01/11/94 BLDG MAINT /MAINTENANCE 0101.6 46319 .. MATERIALS $0.00 01/20/94 i#r VENDOR TOTAL#ri#iiww#ixwxi####wiAx###x#«#ww«xx#«#xx###«x#«««««Mx««x«x«««wxq««aaa $44.99 R COOPERATIVE PERSONNEL SERVICES 03674 001-400-1203-4201 01161 3284.20 POLICE SGT EXAM FORMS 20271 12/31/93 PERSONNEL 20251 07158 46.320 • /CONTRACT SERVICE/PRIVAT $37.0.22 01!20/94 rww VENDOR TOTAL iiirAiwi#iwxxiw#i#iiwix#i«w#«aax#« $284.20 R CREATIVE JUICES 04981 001-400-4601-4302 00231 3553.38 SPRING FLYER PRINTING 01/20/94 COMM RESOURCES /ADVERTISING 07971 46321 20.00 01/20!94 • CITY OF HERMOSA BEACH TIME 07::0101::2121 0 FINANCE DEMAND LIST PAGE 0003 FOR 01/24/94 DATE 01/:5/94 • PAY VENDOR NAME VND # ACCOUNT NUMBER TRN # AMOUNT INV/REF PO # CHK # DESCRIPTION DATE INVC PROD # ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP *** VENDOR TOTAL aararr*arrrarrraararaa*rata••aararaaaaaaacarraaaarrnaanaaana*arraaar $553.38 R MICHAEL*D'AMICO 04449 001-400-1122-4201 00299 $153.85 03931 46322 REFUND/CANDIDATE DEPOSIT 01/20/94 ELECTIONS /CONTRACT, SERVICE/PRIVA7 $0.00 0.1/20/94 a** VENDOR TOTAL nnaa*araaaanrnaaaaaaa�+iaaaannnana $153.85 r R DANIEL FREEMAN LAX MED. CLINIC 02390 001-400-1203-4320 00491 $672.00 013125-00 01090 46323 PRE -EMP PHYSICALS 23-00 01/04/94 PERSONNEL /PRE-EMPLOYMENT EXAMS $0.00 01/20/94 sws VENDOR TOTAL araraarawarraaaraaaaaraaarrrrararrarraaaaaaaaraaaaarraaaaanaaaaaaaar $672.00 • R DEPARTMENT OF TRANSPORTATION HIGHWAY MAINT/NOV 93 28408 00267 12/28/93 001-400-3104-4251 00151 TRAFFIC SAFETY $402.45 /CONTRACT SERVICE/GOVT 128408 08043 $0.00 46324 01/20/94 R DEPARTMENT OF .TRANSPORTATION HIGHWAY MAINT/OCT 93 28070 00267 12/02/93 001-400-3104-4251 00152 TRAFFIC SAFETY $513.43 /CONTRACT SERVICE/GOVT 128070 08036 $0.00 46324 01/20/94 " R DEPARTMENT OF TRANSPORTATION HIGHWAY MAINT/NOV 93 28408 00267 12/28/93 105-400-2601-4251 00214 STREET LIGHTING $402.45 /CONTRACT GERVICE/GOVT 128408 00043 •LO.00 46324 01/20/94 ' R DEPARTMENT OF TRANSPORTATION HIGHWAY MAINT/OCT 93 28070 00267 12/02/93 105-400-2601-4251 00215 STREET LIGHTING $513.43 /CONTRACT SERVICE/GOVT 128070 00036 $0.00 46324 01/20/94 war VENDOR TOTAL aaaaaaaaaaaaaaaaaaaanraaanaaannrrrnraananaaaaaaaaaaaaannnnnuarnnnaaa $1,831.76 r R THE *DEVELOPMENT ACCIDENT PHOTOS 9224 00147 12/23/93 001-400-2101-4305 02129 POLICE $91.09 /OFFICE OPER SUPPLIES 9224 07732 $100.00 46325 01/20/94 R THE *DEVELOPMENT FILM DEVELOPING/DEC 93 9225 00147 12/23/93 001-400-2101-4306 01483 POLICE $16.41 /PRISONER MAINTENANCE 922•• 01020 '6<i. 00 46325 UI /�'(i:94 r*a VENDOR TOTAL arwraaaaaaw*aaaanaaaaaaraanavaaaaaraa*araaaaaaaaauaa+raean»naaaprnaaa $107. SU R JOSEPH *DI MONDA REFUND/CANDIDATE DEPOSIT 09546 01/20/94 001-400-1122-4201 00300 ELECTIONS $153.852 /CONTRACT SERVICE/F'RiVAT 0393'. X60 UO 46=f2E, C?i:._C?!74 � aaw VENDOR TOTAL *ata*aaa**aaraaaaawanananaaaaananaaananaaanananaaaaaannnnnnananannnn $153.85 • R DIGITAL EQUIPMENT CORPORATION COMPUTER SYS MAINT/JAN94 00694 00269 01/07/94 001-400-2101-4201 0143 POLICE CT SER 1 343800694 /CONTRACT SERVICE/PRI'JA l" 0$007 $O. OU 01:20/94 1/20/ FINANCE-SFA340 CITY OF HERMOSA BEACH b. TIME 07:01:21 DEMAND LIST PAGE 0004 FOR 01/24/94 DATE_- 01/25/94 PAY VENDOR NAME VND N ACCOUNT NUMBER TRN # AMOUNT INV/REF F30 # CHK # DESCRIPTION DATE INVC PROJ # ACCOUNT DESCRIPTION AMOUNT ONENC DATE EXP R DIGITAL EQUIPMENT CORPORATION 00269 001-400-2201-4201 00453 $121.68 343000694 00007 46327 COMPUTER SYS MAINT/JAN94 00694 01/07/94 FIRE /CONTRACT SERVICE/PRIVAI- $0.00 Ot:20/94 www VENDOR TOTAL_ xxxwwewawwwxwwxxx»wx»xnaaana»xn»n»nanaanax»»»aaaan»»aaaatenaynxnaaana $304.19 i b' R GENEwDREHER 044 0 001-400-1122-4201 00301 $153.85 0.393.3 46328 REFUND/CANDIDATE DEPOSIT 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAI $0.0r) Ul/20/94 www VENDOR TOTALwwwxwswxwwwxxxxxwxxxwx»xwxxxxaxxxxnn»x»x»x+�»axnxaxwx»xnnaananannaan» 3153. B5 b R EASTMAN KODAK COMPANY COPIER 02840 001-400-1208-4201 01090 $314.00 006M31895 01,025 46,329 MAINT/DEC 93 31895 01/02/94 GEN APPROP /CONTRAC'r SERVICE/PRIVAI' $0.00 01/20/94 b R EASTMAN KODAK COMPANY METER VSE/NOV 02840 001-400-12OB-4201 01091 $203.65 006M31895 01.025 46329 93 31895 01/02/94 GEN APPROP /CONTRACT SERVICE/PRIVAT $0.00 01/20/94 �• www VENDOR TOTAL. wxwwwwwwxwwxwxwwwwxxxx»xxxxxwxwxxxxxwxxxxx»xxxwxxx»xaa»x»aax»xnaaxnx $517.6.) b R EASTMAN, INC. OFFICE SUPP/DEC 93 02514 001-400-1208-4305 01321 $257.88 664:)73 01024 4633$ 64773 01/20/94 GEN APPROP /OFFICE OPER SUPPLIES $0.00 ww♦ VENDOR TOTAL wrwwwwwxwwxxxxxxxxxxwxxxxxxxwwwxxxxxxxxxax»xxxxa»xxxxx»xna»xxxawaxwx 3257.88 R GTE CALIFORNIA, INCORPORATED TELEPHONE CHARGES/DEC 93 R GTE CALIFORNIA, INCORPORATED TELEPHONE CHARGES/DEC 93 R GTE CALIFORNIA, INCORPORATED TELEPHONE CHARGES/DEC 93 R GTE CALIFORNIA. INCORPORATED TELEPHONE CHARGES/DEC 93 R GTE CALIFORNIA, INCORPORATED TELEPHONE CHARGES/DEC 93 R GTE CALIFORNIA, INCORPORATED TELEPHONE CHARGES/DEC 93 00015 001-400-1101-4304 00615 $13.33 01/20/94 CITY COUNCIL /TELEPHONE 0001 001-400-1121-4304 00693 $37.60 01/20/94 CITY CLERK /TELEPHONE 00015 001-400-1131-4304 00517 $17.78 01/20/94 CITY ATTORNEY /TELEPHONE 00015 001-400-1132-4304 00022 $17.78 01/20/94 CITY PROSECUTOR /TELEPHONE 00015 001-400-1141-4304 00710 $34.36 01/20/94 r CITY TREASURER /TELEPHONE 00015 001-400-1201-4304 00768 $31.10 01/20/94 CITY MANAGER /TELEPHONE 01030 46332 $0.00 01/20/94 01030 46,-132 $0.00 01/20/94 01.030 46332 $0 00 01 /7'0/94 01030 46332 $0.00 O.1 /20/94 01030 46332 $0.00 01/20/94 01030 46332 $0.00 01/20/94 lw ' FINANCE 0 CITY OF HERMOSA BEACH TIME 07::0101::2121 DEMAND LIST PAGE 0005 _ FOR 01/24/94 DATE 01/25/94 PAY VENDOR NAME DESCRIPTION VND K ACCOUNT NUMBER TRN # AMOUNT INV/REF PO # CHK # DATE INVC PROJ 0 ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP R �r GTE CALIFORNIA. INCORPORATED 00015 001-400-1202-4304 00766 $121.73 TELEPHONE CHARGES/DEC 93 01/20/94 FINANCE ADMIN /TELEPHONE 01030 1 4E.20/ $0.00 01/'20/94 R GTE CALIFORNIA. INCORPORATED 00015 001-400-1203-4304 00776 $62.682 • TELEPHONE CHARGES/DEC 93 01/20/94 PERSONNEL 01030 46_,3_ /TELEPHONE $0.00 01/20/94 - R GTE CALIFORNIA. INCORPORATED TELEPHONE 00015 001-400-1206-4304 00698 $220.63 CHARGES/DEC 93 01/20/94 DATA PROCESSING /TELEPHONE 01030 46332 :60 00 OL/20/94 - R GTE CALIFORNIA. INCORPORATED 00015 001-400-1207-4304 00567 $:35.54 TELEPHONE CHARGES/DEC 93 01/20/94 DVS LICENSE /TELEPHONE 01030 a $0.00 011�U/94 "20/ R GTE CALIFORNIA. INCORPORATED 00015 001-400-1208-4304 00336 $18.07 TELEPHONE CHARGES/DEC 93 01/20/94 GEN APPROP /TELEPHONE 01030 46332 $p 00 01/20/94 0/94 R GTE CALIFORNIA, INCORPORATED TELEPHONE 00015 001-400-2101-4304 01367 $1.033.35 CHARGES/DEC 93 01/20/94 POLICE /TELEPHONE 46332 '160.00 60. 00 O1 /20/94 R GTE CALIFORNIA, INCORPORATED 00015 001-400-2201-4304 00586 TELEPHONE CHARGES/DEC 93 01/20/94 FIRE $63.41 01030 46332 /TELEPHONE $0.00 01./20/94 R GTE CALIFORNIA, INCORPORATED 00015 001-400-2401-4304 00587 TELEPHONE CHARGES/DEC 93 01/20/94 ANIMAL CONTROL /TELEPHONE? 07 01030 4/20/ $0.00 01$20/94 R GTE CALIFORNIA. INCORPORATED 00015 001-400-4101-4304 00768 TELEPHONE CHARGES/DEC 93 01/20/94 PLANNING $105.92 01030 46332 /TELEPHONE $0.00 01/20/94 R GTE CALIFORNIA. INCORPORATED 00015 001-400-4201-4304 00693 TELEPHONE CHARGES/DEC 93 01/20/94 BUILDING $185.25 010 0 4/Op /TELEPHONE `b 0 . pl/20/0/ 94 R GTE CALIFORNIA. INCORPORATED 00015 001-400-4202-4304 0OR342 TELEPHONE CHARGES/DEC 93 01/20/94 PUB 57 Oto 46332 WKS ADMIN /TELEPHOONENE rtp o 0 o el 9 R GTE CALIFORNIA, INCORPORATED 00015 001-400-4204-4321 00758 TELEPHONE CHARGES/DEC 93 01/20/94 BLDG MAINT $24.63 O$OG300 /BUILDING SAFETY/SECURIT 04620?_44 R GTE CALIFORNIA, INCORPORATED 00015 001-400-4601-4304 00881 TELEPHONE CHARGES/DEC 93 01/20/94 RESOURCES COMM001--400-6101-4304 6109.77 01030 4.6332 /TELEPHONE $0.00 Cil /20/94 R GTE CALIFORNIA, INCORPORATED 00015 00556 TELEPHONE CHARGES/DEC 93 01/20/94 < PARKS $ 1.7. 78 01 030 4 ;3.32 /TELEPHONE 660 OU 01i20/94 R CTE CALIFORNIA. INCORPORATED 00015 110-400-1204-4304 00087 TELEPHONE CHARGES/DEC 93 01/20/94 FINANCE CASHIER $137.56 01030 46332 /TELEPHONE $0. 00 01/20/94 I�4 FINANCE O CITY OF HERMOSA BEACH TIME 07::0011::2121 DEMAND LIST PAGE 0006 FOR 01/24/94 DATE 01/25/94 PAY VENDOR NAME DESCRIPTION VND M ACCOUNT NUMBER TRN # AMOUNT INV/REF PC) #C41N k DATE INVC PROJ M ACCOUNT DESCRIPTION AMnk)1.1T UNFNC DAZE EYI' R GTE CALIFORNIA. INCORPORATED 00015 110-400-3302-4304 00783 $160.63 TELEPHONE CHARGES/DEC 93 01/20/94 PARKING ENF /TEL.EPHONF 01030 4633 10 00 01/20/94 wws VENDOR TOTAL xaa*awxaaaaananaaanaaanrnaaxarawnxarnam++xaaaxxann+rxaaxannararnannnr $2,758.54 R HINDERLITER DE LLAMAS & ASSOC. 03131 001-400-1202-4201 00389 $900 00 SALES TAX SERV/OCT-DEC 1019 01/08/94 101.9 FINANCE ADMIN /CONTRACT SERVICE/PRIVAT 00054 46333 $0.00 01/20/94 www VENDOR TOTAL xxaawxxxwxaxaxxxxxxwaxaanxaaaxnaxxnaxxaananxaraxnxaaaxnxnnnannnnnrnp $900 00 R INDEPENDENT CITIES ASSOCIATION 00372 705-400-1217-4201 00178 $750.00 ANNUAL DUES ADJ 01/05/94 WORKERS COMP /CONTRACT SERVICE/PRIVAT 07178 46334 $0.00 01/20/9•7 rww VENDOR TOTAL•xxwrrwwwxwarwaxsawaarxwwawawxaanxaunaaaarnxxraaxxxxaanxi�nrnaarantunr $750 00 R JINX CLOTHING CO BUS 05540 001-300-0000-3115 06254 $50.00 LIC REFUND 01/20/94 04367 46:335 /BUSINESS LICENSE $0.00 01/20/94 R JINX CLOTHING CO BUS 05540 001-300-0000-3207 02006 $43.50 LIC REFUND 01/20/94 04367 46335 /OCCUPANCY PERMITS $0.00 01./20/94 www VENDOR TOTALwsxrwwwwwwrxawwrwxwrwerrwwaaawwaaananawxarnxxrarxxraaanenawanxwxarar $93.50 R OCTAVIAxJOHNSON 05541 001-400-4601-4201 02086 REFUND/COMM RES 69439 01/20/94 $86.00 694139 COMM 07969 46336 RESOURCES /CONTRACT SERVICE/PRIVAT $0.00 01/20/94 rw• VENDOR TOTAL wawawwwrrxrawrxawaaarraxawrrraxaaxrrwarraxraraarrarxxraaaxnraaranxrx $86. 00 R JEANETTE S.xJONES 05547 001-400-1122-4201 00302 REFUND/CANDIDATE DEPOSIT 01/20/94 5 03934 46337 ELECTIONS /CONTRACCTT SERERVICE/PRIVAT $0.00 01/20/94 www VENDOR TOTAL wxwxwawxaxaxwxxxaauwaxaawwaxawwaaxaraaaawxaaawasaaaaaaaaanaaaaaxaaaa 4153. 85 R L.A. COUNTY METROPOLITAN 00843 145-400-3403-4251 00178 BUS PASS SALES/JAN 94 01/20/94 $763.00 069A�_ 46 38 3 BUS PASS S1105DY /CONTRACT SERVICE/GOVT $0 00 01/20/94 rww VENDOR TOTA1_ rarawwxwwwawxwwxwwaxwxx+Faarraxaraaxraxrxaanaar++*aa+rxarannnararrxarax $763.00 R LOMITA BLUEPRINT SERVICE, INC. 00077 001-202-0000-2021 00571 DISCOUNT OFFERED 12/31/93 $2.90 01040 4620/ DISCOUNTS OFFERED $0.00 0194 /0/ `w ' FINANCE-SFA340 TIME 07:01:21 •; CITY OF HERMOSA BEACH DEMAND LIST FOR 01/24/94 PAGE 0007 DATE 01/25/94 PAY VENDOR NAME DESCRIPTION VND K DATE INVC ACCOUNT NUMBER TRN K PROD K ACCOUNT DESCRIPTION AMOUNT INV/REF AMOUNT PO R UNENC CHK k DATE EXP •' R LOMITA BLUEPRINT SERVICE, INC. DISCOUNT TAKEN 00077 12/31/93 001-202-0000-2022 00564 f2.90CR /DISCOUNTS TAKEN 01040 $0.00 46339 01/2�0/94 R LOMITA BLUEPRINT SERVICE, INC. •.'q DRAFTING SUPP/DEC 93 00077 12/31/93 001-400-4202-4305 00840 PUB WKS ADMIN $142. 34 /OFFICE OPER SIIPPLIES 01040 $0 00 06339 01/-'0/S4 . •sw VENDOR TOTAL www##ww#w#w#wwwww#w#w#w#www###wwww#Nw#N#####ww#######w##wwwww##www## $142.34 R LOUIS THE TAILOR, INC. UNIFORM EXP/COMM SERV 35457 ., 00079 11/17/93 001-400-2201-4187 00381 FIRE $370.97 /UNIFORM ALLOWANCE 2 55457 06215 '65:33. 35 01/20/94 4/20/ R LOUIS THE TAILOR, INC. UNIFORM PURCH/DEC 93 55617 00079 12/15/93 001-400-2201-4309 01565 FIRE $75.77 /MAINTENANCE MATERIALS 2 55617 0104_ $0.00 4/,340 01/20/94 R LOUIS THE TAILOR, INC. INITIAL UNIFORM/J. FRICK 55621 00079 12/15/93 110-400-3302-4187 00460 PARKING ENF $437.38 /UNIFORM ALLOWANCE 255621 07707 $434.76 46340 01/20/94 . ww# VENDOR TOTAL w###www#wwwww#w#www#w#ww#wwww#w#w#www###w#wwwwwwn##wwwn#nnww##wwwwww $884. 12 R THOMAS R.*LOVERSKY REFUND/CANDIDATE DEPOSIT www VENDOR TOTAL www#wwwwwwwwwwwww#aw#www#ww#wNwNw#w#####wwwww«n*#www#ww#��##wwa#w#www 05548 001-400-1122-4201 00303 $153 85 01/20/9403935 ELECTIONS /CONTRACT SERVICE/PRIVAT $153.85 $0.00 4/341 01./20/94 R LUSK & ASSOCIATES (BOB LUSK) PRINTER SUPP/DEC 93 16708 www VENDOR TOTAL www#wwww#wwww#w#ww#w###wwwawwww#wwa####w##wwww######www#w###w###n#ww 05532 001-400-1206-5402 00079 $618.93 01/13/94 DATA PROCESSING /EOVIP-MORE THAN $500 $618.93 16709 04069 $E,18. 93 4/342 01/20/94 R PETERwMANGURIAN REFUND/CANDIDATE DEPOSIT www VENDOR TOTAL ###wwwwww##ww##########www###ww#w#www#w#w#www###w##*##www#####r##### 04460 001-400-1122-4201 00304 CT SER 5 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAT $153. 85 03936 $G 00 4/20/ U1/�'O/94 R MERRIMAC PETROLEUM, INC. HYDROLIC OIL/SWEEPERS 31780 www VENDOR TOTAL#######wwwwww#####ww#####w############www#######################wwww 03080 001-400-3103-4311 00955 12/28/93 ST MAINTENANCE $330.19 /AUTO MAINTENANCE $330. 19 931780 080;32 '633[3.19 4t34 ()1,,-,0/94()1,,-,0/940i94 R MONARCH BROOM SWEEPER BROOMS/DEC 93 00084 12/23/93 001-400-3103-4309 01614 ST MAINTENANCE $497.95 /MAINTENANCE MATERIALS 0$0.00 1049 0/20594 `w FINANCE 0 CITY OF HERMOSA BEACH TIME 07::0101::2121 DEMAND LIST NAGE 0000 FOR 01/24/94 DATE 01/25/94 PAY VENDOR NAME DESCRIPTION VND k ACCOUNT NUMBER TRN k AMOUNT INV/REF PO k CHK k DATE INVC PROJ k ACCOUNT DESCRIPTION AMOUNT ONENC DATE EXP rwr VENDOR TOTAL wwwwwwwwrrwxx#rw#x#x#xwx#xwx#x#xwx#xnxwxx##x##x##xx#»x#onnwwwnnxnanr $497.9'9 R MORTON INTERNATIONAL, INC. 00251 001-400-3104-4309 01133 $194.85 PAINT THINNER/PUB WORKS 6349 12/26/93 TRAFFIC SAFETY /MAINTENA'NCE MATERIAL: 6349 00028 46346 $194.85 Ol.'20/94 www VENDOR TOTAL wxw+wxrsxx###rxx#x#xxwxxxx##wx#xxxxx#x####xwxx#x##xx#####n######xw## $194.85 R JULIA A.rOAKES 05549 001-400-1122-4201. 00305 $153.85 REFUND/CANDIDATE DEPOSIT 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAT 03937 4647 $0.00 01/20/94 rwr VENDOR TOTAL #xxx#rrrrx###x#rrr#r#xx#rx#xr#wx#xra##xx##xxw########x##wxww#x##w##x $153.85 �R OLIVER, BARR & VOSE LEGAL FEES/NOV 93 02892 001-210-0000-2110 05596 $529.00 189/ 07411 4•;348 1899 11/30/93 /DEPOSITS/WORK GUARANTEE $0.00 01/24/94 • R OLIVER, BARR & VOSE LEGAL FEES/NOV 93 02892 001-400-1131-4201 00822 $16,728.50 1899 07411 46.340 1899 11/30/93 CITY ATTORNEY /CONTRACT SERVICE/PRIVAT $0.00 01/20/94 • R OLIVER, BARR & VOSE LEGAL FEES/NOV 93 02892 001-400-1131-4201 00023 $11,818.75 1899 07411 41, 1899 11/30/93 420001 CITY ATTORNEY /CONTRACT SF_RVICE/I'RIVAT '1.0 (i�:� i--, 01..0/94 • wrw VENDOR TOTAL#x#rw#wrrrwrrrrxx#x##x###x##rrarrx##xxxx##xxx##x#x#x#x###xw#wrxxw#xx $29,076.25 • r R PACIFIC BELL TELEPHONE 00321 001-400-2101-4304 01366 COMPUTER HOOKUPS/JAN 94 01/20/94 $143.92 POLICE 00036 46349 • /TELEPHONE $0.00 01/20/94 r rwr VENDOR TOTAL###rw#x#rx###x###x#w##xx#x#x#xxrxxxx####x##########xw###nx###x#xn### $143. 9?_ ! r; R PAK WEST JANITORIAL SUPP/DEC 93 00519 001-400-4204-4309 02776 $166.36 01054 4635C 01/20/94 BLDG MATNT /MAINTENANCE MATERIALS $0.01) �/ 01:'2(, 94 " rrr VENDOR TOTAL #xx###rxx##xxr#x##xxw+r##ax#x####wx###w#x###x###rw##x##w#n##a#x##nn## $166. 3E. • R PHIL A.#PENNINGTON 05550 001-400-112'2-42.01 00306 REFUND/CANDIDATE DEPOSIT 01/20/94 $153.85 ELECTIONS 0$0.0 3 4651 /CONTRACT SERVICE/PRIVAT $0.00 01:20/94 rrr VENDOR TOTAL#r#rx#wxrrr##x##w##x#x#x#w#####xxxx#x###xxw##########nn##n#wnaw#x### $153.85 • R CITY OF#REDONDO BEACH 05553 145-400-3409--4201 00097 NAVE TICKETS/KIDS CLUB 01/04/94 $750.00 REC 07970 46352 TRANSPTN /CONTRACT SERVICE/PRIVAT $0.00 01.:-10/94 t.. FINANCE—SFA340 CITY OF HERMOSA BEACH TIME 07:01:21 DEMAND LIST FOR 01/24/94 PAGE UG09 PAY VENDOR NAME DATE 01725/9q DESCRIPTION VND ti ACCOUNT NUMBER TRN tt AMOUNT INV/REF DATE INVC PROD p ACCOUNT DESCRIPTION PO 1t CF1K # AMOI)N"T UNENC DATE EXP #ww VENDOR TOTAL##w#w#ww#wl+►+►+F##w###wws#!#!#!#!##ww####!#####w####!#####n########### � 4750 00 jo R JULIUS "J. R."#REVICZKY REFUND/CANDIDATE 05551 001-400-1122-4201 00307 DEPOSIT $153.85 01/20/94 ELECTIONS /CONTRACT SERVICE/PRIVAT 03939 46353 www VENDOR TOTAL####w#w##w#w####a###!###*##########u##################wpn######u###w $0.00 O1/20i9q. R RICHARDS, WATSON & GERSHON LEGAL SERV/DEC 93 05379 001-400-1131-4201 OO821. $3,386.71 ' 12/28/93 CITY ATTORNEY /CONTRACT SERVICE/PRIVAT 07177 86354 ! • VENDOR TOTAL##!###w#ww#ww#'w!####+�#####w####!##p##{�#{{##########################4# $0.00 01!20/94ww $3, 38E,. 71 R SYLVIA#ROOT MINUTES SEC/1-4-94 04061 001-400-4102-4201 00444 01/05/94 PLANNING COMM /CONTRACT08. 05852 86355 #ww VENDOR TOTAL A#!#w##wwlw######################!##M############################### E108. 25 R ED*RUZAK & ASSOCIATES 01578 SPEED SURVEY REPT/DEC 93 93569 001-400-3104-4201 00177 S.00 93569 01/01/94 00042 TRAFFIC SAFETY /CONTRACT SERVICE/PkIVAI 'FO q2 www VENDOR TOTAL w#w####ww#w##wn#######r####*##w###w################################# 00 _ 01//20/94 0/ $91 5. 00 R SHELL OIL CO. GASOLINE CHARGES/JAN 94 23311 00320 001-400-2101-4310 00441 01/10/94 POLICE !MOTOR FUELS ELS A 0123311 AND LVBES 01060 46357 www VENDOR TOTAL !#www###www###!#!#######w###!#############w!#########*#!############ �O.00 Ol!20/94 39. 00 R SHORELINE PRINTING BUS CARDS/M ROONEY 10240 03505 001-400-4601-4305 $`.7.06 01/20/94t219 10240 CO6358 COMMMM RESOURCES /OFFICE OPER SUPPLIES 07944 w!s VENDOR TOTALlrww######w!w#w#wa#####a###r#r###r#######ww#############wu#aw#naw#wr $27.06. O1l�;0/44 ;2.7 06 R SMART & FINAL- IRIS COMPANY OFFICE SUPP/DEC 93 00114 001 -400 -2101 -43c. -)b 01g94 01 /20/94 ?149 =10 POLICE �PR1.fiONE.R MAINTENANCE )1 G62 a., ;5a R SMART f„ FINAL IRIS COMPANY 00114 OFFICE SUPP/DEC 93 001-400-4601-4308 00961 $40.95 01/20/94 COMM RESOURCES /PROGRAM MATERIALS 01062 46359 bO.OU 01/20/94 t.. jo 9 CITY OF HERMOSA BEACH FINANCE—SFA340 DEMAND LIST PAGE 0010 TIME 07:01:21 FOR 01/24/94 DATE ')1/25/94 PAY VENDOR NAME VND k ACCOUNT NUMBER TRN !f AMOUNT INV/REF PO # CHK# DESCRIPTION DATE INVC PROJ # ACCOUNT DESCRIPTION AMOUNI UNENC DATE: EXP ##• VENDOR TOTAL ww####w#ww##w#w##ww###ww#w##w###a##w#####a#rx############a##a##x#xa# $190.25 R SOUTHERN CALIFORNIA EDISON CO. 00159 001-400-3101-4303 00318 $227 79 01.065 46360 ELEC BILLINGS/DEC 93 01/20/94 MEDIANS /UTILITIES $0.00 01/20/94 R SOUTHERN CALIFORNIA EDISON CO. 00159 001-400-3104-4303 00188 $570.13 01.065 46360 ELEC BILLINGS/DEC 93 01/20/94 TRAFFIC SAFETY /UTILITIES $O 00 01/20/94 R SOUTHERN CALIFORNIA EDISON CO. 00159 001-400-4204-4303 00747 $7,620.51 01065 46360 ELEC BILLINGS/DEC 93 01/20/94 BLDG MAINT /UTILITIES $0 00 01/20/94 R SOUTHERN CALIFORNIA EDISON CO. 00159 001-400-6101-4303 00559 $1,606.33 01.065 46360 ELEC BILLINGS/DEC 93 01/20/94 PARKS /UTILITIES $0 00 01/20/94 R SOUTHERN CALIFORNIA EDISON CO. 00159 105-400-2601-4303 00476 $522.15 01065 46360 ELEC BILLINGS/DEC 93 01/20/94 STREET LIGHTING /UTILITIES $0.00 01/20/94 R SOUTHERN CALIFORNIA EDISON CO. 00159 160-400-3102-4303 00257 $61.38 01.065 46:360 ELEC BILLINGS/DEC 93 01/20/94 SEWER/ST DRAIN /UTILITIES $0.00 01/20/94 ♦ws VENDOR TOTAL##w##w##w#######w######x#####x#x##x#x################x#a#ana###aaa## 310,628.29 R SOUTHERN CALIFORNIA GAS CO. 00170 001-400-4204-4303 00748 $500.21 01067 46361 GAS BILLINGS/DEC 93 01/20/94 BLDG MAINT /UTILITIES $0.00 01/20/94 ##♦ VENDOR TOTAL R SOUTHWEST REGIONAL TRAINING 01909 001-400-2101-4312 02206 $210.00 05992 46362 TUITION/J BRIAN 01/20/94 POLICE /TRAVEL EXPENSE , POST $0. 0i) 01/20/94 www VENDOR TOTAL#w######w#w##w####xw+t#w####w# 3210 00 R STATE FIRE MARSHAL MANUAL/FIRE DEPT 05542 001-400-2201-4309 01566 $20.00 SFM93CF018G 06231 46363 FOIBG 12/23/93 FIRE /MAINTENANCE MATERIALS $0.00 01:20/94 #w# VENDOR TOTAL############x########xw######w#x##x#x#x##wxww########xxxn#x#wx####x# $20.00 R TECHNOLOGY SOLUTION, INC. 03421 001-400-2101-4201 01433 $200.00 1206 00069 46364 COMPUTER TUNING/DEC 93 1206 12/31/93 POLICE /CONTRACT SERVICE/rRIVAT $0.00 01/20/94 9 1 HEREBY CER1R'Y THAI TNF: DEMAND$ OR CLAIMS COVERED BY THE WARRANTS LISTI:D ON PAG[ S TO IN f,L LI SIVE. OF THf. % WARRANT REGISTER IUIt // . ARE AC(. LI17AlE, IUNUS ARE AVAILAULE FOIt I'A. LII"Ill. AND Aft[ IN CONI ORMANGE VA 70 THE UUDGEF. BY —Alt ��'E tEC DATE _ /t/e4J/�I! CITY OF HERMOSA BEACH FINANCE-91: DEMAND LIST TIME 07:01:21 21 l PAGE. 0011 FOR 01/24/94 0.11"F: 01 /25/ ;4 PAY VENDOR NAME VND 1I ACCOUNT NUMBER TRN R AMOUNT INV/REF DESCRIPTION PO p CHK # , DATE INVC PROD N ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP • iw• VENDOR TOTAL Ai#iw#didiw#w##+#d#d##w#dw###idiwiwd#dwd####wi#+d####d##ad4a#adw#4aa $200.00 • R V & V MANUFACTURING 01938 001-400-2101-4187 00582 (704.94 2088 ' POLICE BADGES 07717 46365 2088 12/29/93 POLICE /UNIT-URM ALLOWANCE $701 1.4 01/20/94 www VENDOR TOTAL #www#idrw+dwdidwww###wwdiw#w#waw#dadadawwd"4w#wwwwwaw#aaw#anddanaddaa $704.94 R VILLAGE NURSERY 05521 001-400-3101-4309 00209 $752.28 157924 PLANTS/MEDIANS 08027 46366 57924 12/31/93 MEDIANS /MAIN"PENANCE MATERIALS $765.93 01/,''_0/94 dww VENDOR TOTAL wwd#####w###wi####width####M###wwda##w###d-#ww#wtl##a4#dadna#pad#papa#$75-2 . 2P, R WHITMORE, JOHNSON & BOLANOS 05129 001-400-1203-4201 01160 $2,902.84 LEGAL SERV/DEC 93 01/07/94 PERSONNEL. /CONTRACT SER'JICE/F'NIVA1' 0$0 4667 ♦ $O UO 0 01/20/94 +++ VENDOR TOTAL+####id##iw###w#w#d#d#####w#w###d#####d#w####d4d#####d##na###dawaa## $2,902 84 R ALBERT G.+WIEMANS 05552 001-400-1122-4201 00308 $153.853 REFUND/CANDIDATE DEPOSIT 01/20/94 'J ELECTIONS /CO /CONTRACT SERVICE/PRIAT 03940 68 4/20/ $0.00 OI/�.'O/94 \ sww VENDOR TOTAL w#wid#w#wiwi##ii#wd#ii##d##dww#dwdw#dd#wwwdddi####wi#w4wnawdwA#dw### $153.85 \ www PAY CODE TOTAL i##i##wwi#ii#wwwwwd#wwwwwwwd#dwd#d#ww4wwwwaw#i#4w4w4#wnanddwnrwa#w ' $67, t2 25. 14 \ •++ TOTAL WARRANTS i##i#w#i#di#+##dwww#di#wiiw#id#dw#adwwdwdi+i#i###wddd#aa#wd##waw#w $67,225.14 1 HEREBY CER1R'Y THAI TNF: DEMAND$ OR CLAIMS COVERED BY THE WARRANTS LISTI:D ON PAG[ S TO IN f,L LI SIVE. OF THf. % WARRANT REGISTER IUIt // . ARE AC(. LI17AlE, IUNUS ARE AVAILAULE FOIt I'A. LII"Ill. AND Aft[ IN CONI ORMANGE VA 70 THE UUDGEF. BY —Alt ��'E tEC DATE _ /t/e4J/�I! +r*it VENDOR TOTAL $430.73 R COLEN AND LEE 04715 705-400-1209-4201 00431 $1,470.00 00042 LIABILITY ADMIN/FEB 94 01/15/94 LIABILITY INS' /CONTRACT SERVICE/PRIVAT $0.00 *** VENDOR TOTAL#****##*********#*#*ir****#*******tr#tr### $1,470.00 4676 01/27/94 R DANIEL FREEMAN MEMORIAL HOSP. 00047 001-400-1203-4320 00493 $800.00 80000162-0017 01089 46377 _- EMP PHYSICALS/DEC 93 -_ -0017 12/31/93 PERSONNEL /PRE-EMPLOYMENT EXAMS $0.-00 - 01/27/94 i -- 1p EM • CITY OF HERMOSA BEACH FINANCE-SFA340 EMAN=I PAGE- Odd1' TIME 16:32:49 FOR 01/27/94 DATE 01/27/94 l J PAY--- VENDOR NAME--"— —`—'-- —VND #-----ACCOUNT-NUMBER--TRN#'-----'--' AMOUNT-----INV7REF-__ PO # CHK # DESCRIPTION DATE INVC PROJ # ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP I lu R AMERICAN STYLE FOODS 00657 001-400-2101-4306 01491 $16.25 11194 00105 46371 U PRISONER MEALS/JAN 94 11194 01/11/94 POLICE /PRISONER MAINTENANCE $0.00 01/27/94 �:;I VENDOR TOTAL #**** # ##*****ntfttat u �t #+t #at n#»# *#tzar# #�# # �t#it#ff ff trtt$16.25I i R BEACH TRAVEL 00252 001-400-2101-4312 02211 $371.00 08105 46372 In AIRFARE/D. JONES 01/27/94 POLICE " /TRAVEL EXPENSE POST $0.00 01/27/94 I•, J VENDOR TOTAL $371.00 t R CALIFORNIA WATER SERVICE 00016 001-400-3101-4303 00320 $601.83 01011 46373 ;"� WATER BILLING/JAN 94 01/18/94 MEDIANS /UTILITIES $0.00 01/7/94 �. ;i R CALIFORNIA WATER SERVICE 00016 001-400-4204-4303 00752 $385.92 01011 ' 46373 i �'" I WATER BILLING/JAN 94 — 01/18/94 BLDG MAINT /UTILITIES $0.00 01/27/94,4 J .! R CALIFORNIA WATER SERVICE 00016 001-400-6101-4303 00561 $1012.40 01011 46373 WATER BILLING/JAN 94 01/18/94 PARKS /UTILITIES $0.00 01/27/94 ' VENDOR TOTALat�tratnn#t�####��tir#ntturranfftratt#an3r# $2,000.15 R CARE STATION 03972 001-400-1203-4320 00494 $358.00 01092 46374 �.,•i EMP HEPATITIS "B" SHOTS 01/27/94 PERSONNEL /PRE-EMPLOYMENT EXAMS $0.00 01/27/94 I..® J_�_' VENDOR TOTAL $358.00 • I I! kw. R CMP SUPPLY COMPANY 04534 001-400-1206-4305 00650 $430.73 9306320 01088 46375 —t,.j :' LASER PRINTER TONER 06320 12/06/93 DATA PROCESSING /OFFICE OPER SUPPLIES $0.00 01/27/94 I",J 1.., +r*it VENDOR TOTAL $430.73 R COLEN AND LEE 04715 705-400-1209-4201 00431 $1,470.00 00042 LIABILITY ADMIN/FEB 94 01/15/94 LIABILITY INS' /CONTRACT SERVICE/PRIVAT $0.00 *** VENDOR TOTAL#****##*********#*#*ir****#*******tr#tr### $1,470.00 4676 01/27/94 R DANIEL FREEMAN MEMORIAL HOSP. 00047 001-400-1203-4320 00493 $800.00 80000162-0017 01089 46377 _- EMP PHYSICALS/DEC 93 -_ -0017 12/31/93 PERSONNEL /PRE-EMPLOYMENT EXAMS $0.-00 - 01/27/94 i -- 1p EM • ^ '- ---------�-'-T-'---'-----�- oIry OF *snmooA osAc* ~ --'--FIw^wos-sn^o«o ---------------'--- osmAwo-LzS PAGE- 0002 . TIME 16:32:49 FOR 01/27/94 oArs 01/e7/94 PAY - vswoon ^mms ' - -'- --'-vwo w 'Aocouwr wumose—rnw #---- ' Anouwr--'--Iwv/nsr------ po # c*x # ocaonIprIow oArs Iwvo PROJ ~ ---_-- �*o n THE °osysLopmswr 00147 001-400-2101-4306 01490 $31.36 9402 01020 46378 � / FILM osysLopzwo 9402 ----'--- 01/05/94 pm-Ics /pnIoomsn'zwrsw*wns �o oo o�/ur/p� ucwoon TOTAL *o/.oa [� ------ --------- ''___ ,~ n oIvs w' SURF 00604 001-400-2201-4309 01570 $40 .00 45742 01021 46379 ,°"°nEu/c uu/,LE REFILLS 45/42 12/31/93 _- /MAINTENANCE'-_MATERIALS_ $0.00 .1'27'94 | - A-~ n oIvsnsIrIso p*oro aoppLv |^ FILM .~....~~~'..~ `` 01'27'94 rm-IcE /PRISONER nAIwrsmAwcs ^' � vswoon �or�� *****�°°**°*°°°°*******°*********°******°*°*�***°°**°°**°**°******�* *o�� o PRESS, PUBLICATIONS 11/23/93 FINANCE ADMIN /TRAINING $0.00 01/27/94 ~ R THE*ECONOMICS PRESS, INC. 00704 110-400-1204-4316 ----'-'~. ^~ -~'~~^^-^ ~~~-~ 46381 ' puo��o�rzowo o��-� ��,�o/po FINANCE c°S"^=n /TRAINING $o�oo - o�/2r/p« c - - . � vswoon TOTAL °******°°******°*°°°*****°°*****°****°°°°*°**°°°*°*°*°*°***°°°°****° $192.35 / ~* R EMPLOYMENT DEVELOPMENT DEPT 01397 705-400-1215-4186 00122 $8,458.00 932-0339-6 07827 46382 UNEMP CLAIMS/OCT-DEC 93 339-6 01/27/94 UNEMPLOYMENT /UNEMPLOYMENT BENEFITS $0.00 01/27/94 VENDOR TOTAL ' | R HAAKER EQUIPMENT CO. 00731 001-400-3103-4311 00957 $52.85 9914 00031 46383 HANDLE LINK/STREET SWEEP 9914 01/12/94 ST MAINTENANCE /AUTO MAINTENANCE $52.73 01/27/94 R HAAKER EQUIPMENT CO. 00731 0011-400-3103-4311 00958 $49.96 9913 08034 46383 � STREET SWEEPER PARTS 9913 01/12/94 ST MAINTENANCE /AUTO MAINTENANCE $47.20 01/1-7/94 VENDOR TOTAL __-' ~ '-- ----- n oIry or°HEnmooA osAo* 04075 705-400-1217-4182 00339 *5.894.50 07176 46384 -|J wonx comp CLAIMS/JAN 94 01/07/94 wonusna oomp /wonxsea comp nunnswr vn *o�oo n1/��r/9« '- ---------�-'-T-'---'-----�- ..f -I FINANCE-SFA34 TIME 16:32:49 -` PAY -"-' VENDOR NAME i DESCRIPTION CITY OF HERMOSA BEACH ucrinrvu �aai --_--AGE 0003 l FOR 01/27/94 DATE 01/27/94 �il� -VND # --ACCOUNT- NUMBER --- TRN-# -- -----`AMOUN--INV7REF-- -- PO # CHK # - DATE INVC PROJ # ACCOUNT DESCRIPTION AMOUNT UNENC DATE EXP 1'7 V R CITY OF*HERMOSA BEACH 04075 705-400-1217-4182 00340 $2,588.27 07182 46384 1• 04369 WORK COMP CLAIMS/JAN 94 01/07/94 WORKERS COMP /WORKERS COMP CURRENT YR $0.00 01/27/94 �" v /BUSINESS LICENSE VENDOR TOTAL +r +r # # it#�t�ffaarir tr it tr arptfir# it #tttr tt# �r �r it3rt� tr#tt ##tri $8,482.77 01/27/94 jsl� tt VENDOR TOTAL UNLEADED GAS/CITY YARD 40063 01/19/94 /GASOLINE INVENTORY R LINDSAYHIRSH05558 001-400-4101-4316 '00273 $391.00 ' 05853 46385 I:7 R INDEPENDENT CITIES RISK TUITION REIMB/HIRSH 01/07/94 PLANNING /TRAINING $0.00 01/27/94 07181 46387 V - # VENDOR TOTAL $391 00 PREMIUM ADJ/JAN 94 12/30/93 LIABILITY INS w R CHUNG MING*HWANG 05554 001-300-0000-3115 06281 $180.00 04369 46386 IJS� BUS LIC REFUND 01/07/94 .Ia VENDOR TOTAL n##*##n $68.55 /BUSINESS LICENSE $0.00 01/27/94 jsl� tt VENDOR TOTAL UNLEADED GAS/CITY YARD 40063 01/19/94 /GASOLINE INVENTORY #zr#n�ttrst#�t�t $180.00 01/27/94 1� tr*�► VENDOR TOTAL star*trtt�ratnnararn#�►�t#nnteirit#ttai►#tr#aira##tt#stn# $2, 998. 60 j 3: J R INDEPENDENT CITIES RISK 01484 705-400-1209-4201 00430 $63,114.00 07181 46387 j I' PREMIUM ADJ/JAN 94 12/30/93 LIABILITY INS /CONTRACT SERVICE/PRIVAT $0.00 01/27/94 trattr VENDOR TOTAL+Eb#irtrparnjrtr�ttr�i►zrarartt�aaratra�ranarrrar�srtfnir»a $63, 114. 00 R COUNTY OF*LOS ANGELES 05561 001-400-2101-4251 00532 $66.32 239 07761 46388 _- AUTOPSY REPORTS/P.D. 239 12/21/93 POLICE /CONTRACT SERVICE/GOVT $0.00 01/27/94 I..� nat VENDOR TOTAL p nat�tar# it o -at u3r�r#it3ct� attrarit#at p #at�tat� at�tat n•at�ratat�t�titit# p $66.32 R MANHATTAN FORD 00605 001-400-3104-4311 00143 $68.55 145084 01046 46389 AUTO PARTS/JAN 94 45084 01/06/94 TRAFFIC SAFETY /AUTO MAINTENANCE $0.00 01/27/94 .Ia VENDOR TOTAL n##*##n $68.55 i R MERRIMAC PETROLEUM, INC. 03080 001-141-0000-1401 00260 $2,998.60 940063 08047 46390 UNLEADED GAS/CITY YARD 40063 01/19/94 /GASOLINE INVENTORY $2,968.49 01/27/94 1� tr*�► VENDOR TOTAL star*trtt�ratnnararn#�►�t#nnteirit#ttai►#tr#aira##tt#stn# $2, 998. 60 R KIM#MITCHELL 00522 001-400-2101-4305 02132 $100.84 07760 46391 TRAINING MANUALS 01/07/94 POLICE /OFFICE OPER SUPPLIES $0.00 01/27/94 ,I is _I ## VENDOR TOTAL$242.00 CITY OF HERMOSA BEACH l --. --FINANCE—SFA340 ----- -- --- -- — — ---------- -------DEMAND- LIST"`------- ---'_.— PAGE— 0004 R RIO HONDO COLLEGE 01865 001-400-2101-4316 01084 $63.90 TIME 16:32:49 FOR 01/27/94 DATE 01/27/94 ;' PAY VENDOR NAME — ---- VND it ACCOUNT NUMBER' - TRN p — AMOUNT "—` INV/REF PO # CHK q '--�- 01/27/94 i��d6Fi#F�TidN dA f2 TNVC PROD # ACCOUNT DESCRIPTION AMOUNT UNENC DATE AXP 05999 # VENDOR TOTAL#tti►it�t#it##atit�t�rtr;t�rit;r#�•tt###�ratatt# $100.84 -, $0.00 01/27/94 •,i; I # VENDOR TOTAL $127. 80 #atatatatatatatatat##*atatatatatatatatatatatn##�r#tr#ff###�s## ;•: .: R MORTON TRAFFIC MARKINGS 00251 001-400-3104-4309 01136 $2,598.00 62677 08046 46392 _ PAINT/CITY—YARD — 62677 01/07/94 TRAFFIC SAFETY /MAINTENANCE MATERIALS $0.00 01/27/94 " • VENDOR TOTALjtir�t�rnar�tiritxi►tr3rittr#tt#it�rittF�rirar#�tit+rar# $2,598.00 i I.IJ MINUTES SEC/1-5-94 01/07/94 VEH PKG DIST /CONTRACT SERVICE/PRIVAT _ - R MOTT ELECTRIC 05556 001-400-2101-4309 00676 $800.00 07611 07762 46393 I.'. _ REPAIR GENERATOR 07611 01/23/94 POLICE /MAINTENANCE MATERIALS 10.00 01/27/94 # VENDOR TOTAL $800.00 „IJ R NATIONAL CONSTRUCTION RENTALS 05563 001-400-4201-4201 00884 $250.00 07231 46394 INSTALL FENCE/CYPRESS 01/27/94 BUILDING /CONTRACT SERVICE/PRIVAT $250.00 01/27/94 ## VENDOR TOTAL iraritiriritir#tr;r�tir�ti►�rit�t�rit�t�r##atm#�t�ttttr## $250.00 R POSTMASTER 00398 001-400-4601-4305 01221 $1,000.00 m; l 07972 46395 POSTAGE/SPRING BROCHURE 01/27/94 COMM RESOURCES /OFFICE OPER SUPPLIES $0.00 01/27/94 I... VENDOR TOTAL##�++atttat#at �tat�tttttitit#tt##�tattt####atatty######tt#�ritit�tattr $1.000.00 :. 1 R RED LION INN 04269 001-400-2101-4312 02210 $242.00 �!,sl 08104 46396 LODGING/D. JONES 01/07/94 POLICE /TRAVEL EXPENSE POST $0.00 01/27/94 _I ## VENDOR TOTAL$242.00 R RIO HONDO COLLEGE 01865 001-400-2101-4316 01084 $63.90 06000 46397 ;' TUITION/SCOTT 01/06/94 POLICE /TRAINING $0.00 01/27/94 J R RIO RONDO COLLEGE 01865 001-400-2101-4316 01085 $63.90 05999 46397 TUITION/MEBIUS 01/06/94 POLICE /TRAINING $0.00 01/27/94 •,i; I # VENDOR TOTAL $127. 80 #atatatatatatatatat##*atatatatatatatatatatatn##�r#tr#ff###�s## ;•: J i R SYLVIA*ROOT 04061 109-400-3301-4201 00225 $154.75 ' 08050 46398 i MINUTES SEC/1-5-94 01/07/94 VEH PKG DIST /CONTRACT SERVICE/PRIVAT $0.00 01/27/94 �i FINANCE-SFA340 — ! TIME 16:32:49 PAY- -VENDOR NAME - DESCRIPTION — CITY OF HERMOSA BEACH EMAND-LIST- ---"PAGE-- — 0005' --- FOR 01/27/94 DATE 01/27/94 N #-------ACCOUNT NUMBER--- TRN # --"-' ------AMOUNT-----'INV/REF - - -` -PO # CHK # i DATE INVC PROD # ACCOUNT DESCRIPTION AMOUNT UNENG DATE EXP ## VENDOR TOTAL $154.75 i. R THE#SO CALIFORNIA EMERGENCY 04938 001-400-2101-4316 01083 $40.00 05998 46399 I' ;I REGISTRATION/STRASER 01/27/94 POLICE /TRAINING $0.00 01/27/94 *at VENDOR TOTAL $40.00 1� R SOUTH BAY WELDERS 00018 001-400-3103-4309 01616 $89.16 01065 R SOUTH BAY FIRE EXTINGUISHER 00113 001-400-2201-4309 01569 $15.16 t t 01063 46400 ST MAINTENANCE /MAINTENANCE MATERIALS EXTINGUISHER SERV/DEC 93 01/27/94 FIRE /MAINTENANCE MATERIALS $0.00 01/27/94 00018. 001-400-3104-4309 01135 R SOUTH BAY FIRE EXTINGUISHER 00113 160-400-3102-4309 00868 $68.20 01065 01063 46400 WELDING SUPP/JAN 94 01/27/94 EXTINGUISHER SERV/DEC 93 01/27/94 SEWER/ST DRAIN /MAINTENANCE MATERIALS $0.00 01/7/94 +tom# VENDOR TOTAL####*#ttit###+tarn#######+that VENDOR TOTAL $63.36 le V ) JI it atnn VENDOR TOTAL $49.00 R TRACY*YATES 04268 001-400-4202-4316 00298 $134.49 REIMB BOOKS/SPRING 94 01/27/94 PUB WKS ADMIN /TRAINING 08044 $0.00 46405 01/27/94 I;! a R SOUTH BAY WELDERS 00018 001-400-3103-4309 01616 $89.16 01065 46401 t t WELDING SUPP/JAN 94 — 01/27/94 ST MAINTENANCE /MAINTENANCE MATERIALS $0.00 01/27/94 R SOUTH BAY WELDERS 00018. 001-400-3104-4309 01135 $15.50 01065 46401 t WELDING SUPP/JAN 94 01/27/94 TRAFFIC SAFETY /MAINTENANCE MATERIALS $0.00 01/27/94 +tom# VENDOR TOTAL####*#ttit###+tarn#######+that $104.66 le R SOUTHERN CALIFORNIA GAS CO. 00170 001-400-4204-4303 00751 $862.15 01067 46402 GAS BILLINGS/JAN 94 01/27/94 BLDG MAINT /UTILITIES $0.00 01/27/94 * # VENDOR TOTAL' atnnnnnnnatnnnnatnnnnnnatatnatnnnatnatnatnatnnnnatnnnnatnnnnnatnnatn#nnnnnnnnnnnnn $662.15 t R STATE BOARD OF EQUALIZATION 05557 170-400-8619-4201 00058 $26.25 36-047862 07758 46403 t HAZARDOUS WASTE TAX 47882 01/27/94 PD REMODEL III /CONTRACT SERVICE/PRIVAT $0.00 01/27/94 * VENDOR TOTAL#nnnatnnnnnnnnnnnnnnatnnn#*#**#*##### $26.25 i R CHARLES*SWARTZ 04832 001-400-4201-4316 00328 $49.00 07227 46404 TUITION/SWARTZ 01/27/94 BUILDING /TRAINING $0.00 01/27/94 atnn VENDOR TOTAL $49.00 R TRACY*YATES 04268 001-400-4202-4316 00298 $134.49 REIMB BOOKS/SPRING 94 01/27/94 PUB WKS ADMIN /TRAINING 08044 $0.00 46405 01/27/94 I;! a __-FINANCE-SFA340----- TIME 16:32:49 PAY -VENDOR NAME DESCRIPTION CITY OF HERMOSA BEACH ---DEMAND--LIST-' FOR 01/27/94 VND # ACCOUNT NUMBER TRN AMOUNT-' DATE INVC PROJ # ACCOUNT DESCRIPTION VENDOR TOTAL PAY CODE TOTAL TOTAL WARRANTS I HEREBY CERTIFY THAT THE DEMANDS OR CLAIMS COVERED BY THE WARRANTS LISTED ON PAGES J- TO INCLUSIVE, OF THE ._____._________WARRANT REGISTER FOR ARE*ACCU RATE,* FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. -0 3y - I ANJE DIRECTOR -7 --PAGE DATE 01/27/94 INV/REF --- PO k CHK # AMOUNT UNENC DATE EXP $134.49 AD $96,364.47 $96,364.47 January 31, 1994 Honorable Mayor and For the Meeting of Members of the City Council February 8, 1994 CANCELLATION OF WARRANTS Please consider the following request for cancellation of the warrants listed below. #045166 - 09/09/93 - Mary Van Boening - $250.00 - Account Number 001-210-000-2110. Lost in the mail. Payment stopped. #045777 - 11/18/93 - 1993 Legislative Update - $55.00 - Account Number 001-400-4101-4316. The Legislative Update Workshop was cancelled. #046160 - 12/30/93 - Fess Parker's Red Lion Resort - $338.80 - Account Number 001-400-2101-4312. Seminar location changed. #46342 - 01/24/04 - Lusk & Associates - $618.93 - Account Number 001-400-1206-5402. Warrant lost by Vendor. Payment stopped. Jo' Workman Treasurer Concur: CLs�Ac�v Stephe urre11 Noted for fiscal impact City Manager Viki Copeland January 31, 1994 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council February 8, 1994 TENTATIVE FUTURE AGENDA ITEMS February 22, 1994 Presentation of check to Veterans Memorial Committee from TRW Introduction of ordinance: Revision of transient occupancy lax code Mid -year Parking Enforcement review Chamber of Commerce 1994 Fiesta de las Artes Review of Agenda Packet distribution Mid -year budget review FY 1993-94 Approval of litigation defense firm list Recommendation of hardware/software for parking enforcement Review of commercial beach events policy ordinance Special study of zoning ordinance and enforcement ordinance re: parking in front yard setback Award of bid for irrigation of South School Finance Director Assistant City Manager Community Resources Director City Manager Finance Director Council Subcommittee/Risk Manager Assistant City Manager/ Finance Director Community Resources Director Planning Director Public Works Director March ?, 1994: JOINT MEETING OF COUNCIL & CHAMBER March 8, 1994 City telephone system Police Chief March 22, 1994 Land Use Element Planning Director Biltmore Park Master Plan Community Resources Director April ??, 1994: JOINT MEETING OF COUNCIL / SCHOOL DISTRICT / PLANNING COMMISSION / PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION April 12, 1994 April 26, 1994 June 14, 1994 Storm drain/sewer tie-in Public Works Director June 28, 1994 July 12, 1994 2nd Quarter General Plan Amendments: 1 st St. & 1 st Pl. closure Planning Director 2nd Quarter General Plan Amendments: Air Quality Element Planning Director UPCOMING ITEMS NOT YET CALENDARED Initiated by: Council Alternatives for funding underground utilities Public Works Director Council Presentation by Water Replenishment District City Manager Council Emergency generator capability in local grocery stores with incentive program to be provided Police Chief UPCOMING ITEMS NOT YET CALENDARED (Continued) Council Revision of HBMC provisions pertaining to construction of public street improvements (Public Hearing) Public Works Director Staff County Safe Neighborhood Park Act (Grant -Prop A) application for municipal pier renovation Assistant City Manager Chamber Farmer's Market: Move to Pier Avenue Chamber of Commerce Council Bring back Ordinance on Fire Flow condition and consider revision or abolishment of Fire Flow Fee. Public Works Director Ordinance for new Chapter 19 of HBMC entitled "Motor Vehicles and Traffic" Public Works Director Caltrans utility maintenance agreement Public Works Director Honorable Mayor and Members of The Hermosa Beach City Council January 27, 1994 Regular Meeting February 8, 1994 REQUEST FOR 30 DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO COMMUNITY SERVICE OFFICERS Recommendation: It is recommended that the City Council extend for thirty days (30) days the temporary appointment of two Community Service Officers. Background: This action is necessary as there are currently two absences due to two industrial medical leaves. 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 sub Robert A. Blackwood Personnel Director wpbextend Concur: Stephen R. Burrell City Manager CITY OF HERMOSA BEACH PLANNING DEPARTMENT MEMORANDUM TO: Honorable Mayor and Members of the Hermosa Beach City Council FROM: Ken Robertson, Associate Plannq wL-" SUBJECT: Conditional Use Permits DATE: January 31, 1994 Recommendation Direct Staff to proceed with conditional use permit study already in progress. When it comes to land uses, the zoning ordinance is a permissive ordinance. Only the land uses specifically listed in each zone may be permitted. If a proposed land use is not listed, it can not be permitted. The conditional use permit (C.U.P.) adds flexibility and opportunity to this otherwise strict format. Thus, in addition to the commonly accepted land uses known to be appropriate for each zone and permitted by right, other specific land uses can also be permitted, but by C.U.P. only. These other uses, because of their known characteristics and associated impacts, may not be compatible with surrounding land uses, depending on how they are developed and operated or where they are located. Rather than prohibiting these "marginal" land uses, an opportunity is created by the use of the C.U.P. For example, basic retail stores and service businesses have been found to be compatible with most other land uses, and are thus permitted by right in all commercial zones. However, some land uses, such as auto repair shops, car washes, and liquor stores, etc. may not necessarily be compatible with surrounding land uses (depending on their location or the way they are operated). As such, these types of uses are permitted but only with a C.U.P. The purpose of the C.U.P review and hearing process is to ensure that the proposed location is acceptable, and that conditions are placed on the land use to minimize its impact on neighboring property. The distinctions as to what uses are permitted by right, or by C.U.P. are established in the permitted use lists of each zone. These distinctions were probably originally based on a ( 0 vER) Pj comparison with other city's ordinances or a model ordinance, and were done to recognize existing land uses when the zoning code was first adopted. The lists and distinctions are frequently updated and amended either in response to a request from a private party, or by legislation initiated by city officials and/or staff. (Uses which are permitted by right and those permitted by C.U.P. only must be specifically listed --State law does not allow a "blanket" C.U.P. for "any use not listed"). The Council has already initiated a study to consider C.U.P. requirements for various uses. This study is currently being considered by the Planning Commission (first hearing was 2/1/94), and will be brought to City Council in the near future. Mics"ael Sc ubach Planning Director NOTED: Stephen Burrell — City Manager p/memo4 W lifornia IIL-Use rand P!c Law In Orirda Assn. v. B rd :�f Supen isors, ' Cal, App. 3d 1145 ' 86), the court invali- dated a height variance , kind of special pri ' ere explicitly prohibit by Section 65906. Also, the court said these re not sufficient fac to justify a variance a no affirmative showing that the subject prop diff -red substantial and in relevant aspect •ront other parcels in the applies We zones. Notuith,tandinr Sc on 65906, a city may i ue a variancZade r a dwelling u ir, a single family di ct which is attached t r detached fromidence for sole ceuaaney by one o� o adults - 62 years of ge or over, and the r space of the attached dwellin nit does not exceed 30 cent of the existing livirea of the floor space of the ached dwelling unit does of exceed 1,200 square feet 3. Conditlonal use permits The second administrative method of providing zoning relies' and flexibility frorn the strict terms of a comprehensive zoning ordinance is the conditions! use permit. c 65901. Typically, fol- lowing a list of permitted uses in each zone, a local zoning ordinance will provide for other uses that are not permitted as a matter or right, but for which a conditional use permit must be obtained. The conditional use permit is well recognized by zoning adminisrrators and the courts as a neces- sary and proper zoning flexibility device. Upron v. Gray, 269 Cal. App. 2d 352 (1969), Groch v. City of Berkeley, 118 Cal. App. 3d 518 (1981). "The decision to allow a conditional use permit is an issue of vital public interest. It affects the quality of life of everyone in the area of the proposed use," Penn -Co v. Board of Supen4sors, i 58 Cal. App. 3d 1072, 1084 (1984). Under case law, a conditional use permit or other similar permit does not expire automati- cally even when a condition to the permit provides for such expiration. For example. ifafter one year, certain construction has not been commenced. In Community Development Comm'n of Mendocino County v. City of Ft. Bragg, 204 Cal. App. 3d 1124 (1988), the court held that a condi- tional use permit could not be revoked without notice and hearing despite an automatic expiration condition and that such revocation must be reasonable. The types of uses subject to obtaining a conditional use permit can be quite varied. The courts have generally upheld the issuance of the permit by the administrative body if 0 applicable laws are followed, including the existence of a valid general plan. Examples of conditional use permits are: Farm equipment repair shop. Upton v. Gray, supra. J Religious synagogue in residential zone. Stoddard v. Edelman, 4 Cal. App. 3d 544 (1970). 0 Mobile. home park in R -A (residential -agricultural) zone. Jones v. City Council, 17 Cal. App. 3d 724 (1971). O Airplane hangar in residential zone. Mrtchelrree v. Cin• of Los Angeles, 17 Cal. App. 3d 791 (1971). D Planned residential development. Concerned Citizens of Palm Desert, Inc. y. Board of Supervisors, 38 Cal. App. 3d 257 (1974). SUPPLEMENTAL e -INFORMAT1nk1 --_ IV -Zoning 39 1 Cemeten. Essick v. Ciry of Los Angeles, 34 Cai. 2d 614 (1950). 1 Extraction of mineral: (sand and gravel quarry). Rapp v. Napa Counry Planning Com., 20. Cal. App. 2d 695 (1962). 7 Erection of a radio tower. MWanus v. KPAL Broadcasting Corp., 182 Cal. App. 2d 558 ;19601). - - The following cases have upheld the denial of permits for the following proposed uses: 0 Automobile service station. t'dn Sicklen v. Browne, 15 Cal. App. 3d 122 (1971). Used car business. Felice v. City of Inglewood, 84 Cal. App. 2d 263 (1948). J 'Use of a bus for a restaurant. WrIt,m v. City c;f San Pablo. 252 Cal. App. 2d 794 (1967). rJ' Storage yard for houses. Snow v. City of Garden Grove, 188 Cal. App. 2d 496 (1961'. O Church in a residential zone. Marthews v. Board of Supervisors, 203 Cal. App. 2d 800 (1962); Christian Gospel Church, Inc. v. City and Counry of San Francisco, 896 F.2d 1221 (9th Cir. 1990); Lucas Vallee Homeowners Assn Inc. v. County of Marin, 233 Cal. App, 3d 130 (1991), where court said in California a church is to be treated just like any nonsectarian enterprise when determining the extent of its compliance with zoning regulations. i 4. Second elling units Sec ' 65 2.2 se - • rth procedures wPE9 units in sin y and mulu- i y residenti nes may be establish e its a o establish a proee- 1 d by ordinance per these types o its; hoof do so, then a co onal use permit or er special permit be granted use if an ap l' t meets the state crite ' .Under very limi circumstances andn ordinanc making findings, January 31, 1994 Honorable Mayor and Members of City Council Meeting of the Hermosa Beach City Council February 8, 1994 ADOPTION OF RESOLUTION 94- AUTHORIZING THE FINANCE DIRECTOR AS THE DESIGNATED AGENT FOR ALL MATTERS PERTAINING TO FEDERAL AND STATE DISASTER ASSISTANCE Recommendation: It is recommended that the City Council adopt Resolution 94 - authorizing the Finance Director as the designated agent for all matters pertaining to federal and state disaster assistance, in order for the City to recover costs associated with the 1994 Northridge Earthquake. Background: On Tuesday January 18, 1994, FEMA was contacted to determine if staff time spent on earthquake related activities would be reimbursable. A Notice of Interest was filed with FEMA by telephone upon determination that most City costs should be recoverable. Analysis: Adoption of the attached resolution (in the format provided by OES) is required prior to submission of claims. The Finance Department is gathering the information required for preparation of a claim to recover all eligible City costs. Viki C peland, Finance Director CONCUR: §f-e-Weh R. Burrell, City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, STATE OF CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR AS DESIGNATED AGENT TO PROVIDE, TO THE STATE OFFICE OF EMERGENCY SERVICES, FOR ALL MATTERS PERTAINING TO SUCH STATE DISASTER ASSISTANCE THE ASSURANCES AND AGREEMENTS REQUIRED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AS FOLLOWS: SECTION 1. That Viki Copeland, Finance Director, is hereby authorized to execute for and in behalf of the City of Hermosa Beach, State of California, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act for the 1994 Northridge Earthquake which occurred in January of 1994. SECTION 2. That the City of Hermosa Beach, State of California, a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. PASSED, APPROVED, and ADOPTED this 8th day of February 1994. ATTEST: CITY CLERK PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California APPROVED AS TO FORM: CITY ATTORNEY 1 January 31, 1994 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council of February 8, 1994 RECOMMENDATION TO AMEND RESOLUTION 90-5422 BY ADDING A NEW FEE FOR THE ISSUANCE OF A CERTIFICATE OF INSURANCE FOR THE TENANT/USERS LIABILITY INSURANCE PROGRAM (TULIP) Recommended Action: It is recommended that the City Council adopt the attached resolution which amends Resolution 90-5422 (the Master Fee Resolution) to establish a new user fee of $10.25 for the issuance of a certificate of insurance for tenants/users of City facilities. Background: The Tenant/User Liability Insurance Program (TULIP) is an insurance program designed to provide liability insurance to short-term renters/users of the City's public facilities. This program is sponsored by the Independent Cities Risk Management Authority (ICRMA) of which the City has been a member since 1985. The Insurance is underwritten by American Casualty Company of Reading, PA. Individuals and organizations who desire to rent City facilities for specified events are required to submit a certificate of liability insurance which names the City as an additional insured. For the larger organized events, production of the certificate does not pose any particular problem. The Community Resources Department has advised that there are occasions when an individual or organization is unable to produce the required certificate either because they are not a "formal" organization which carries the necessary insurance or because the cost of obtaining the coverage commercially is prohibitive. Because other ICRMA member cities experienced similar problems and there was a desire by the cities to provide a solution, the ICRMA developed the TULIP program. Under the TULIP program, proposed events are categorized by "class" and "attendance". Depending on the particular class/attendance, premiums range from $50.00 (low risk/low attendance) to $600 for a one day event. Advantages to providing this program include: (1) eliminates the need for the City to require a Certificate of Insurance from facilities users and the "last minute dash" by the user to obtain the certificate in order to book the facility; (2) the City has direct knowledge of the insurance terms and the financial stability of the Insurer (the TULIP program is underwritten by American Casualty Company of Reading, PA and administered by the ICRMA's broker Rollings Huding Hall); (3) possibility of attracting more facility users by having insurance available at reasonable rates; and (4) convenience to both the City and user. Analysis: It is the City's policy to levy a fee to recover costs incurred in connection with activities which accrue a benefit to an individual. The proposed fee captures the cost of reviewing the user's application for coverage, determining appropriate premium and processing payment. Fiscal Impact: Depending on utilization, annual revenue from the certificate fee will be $100-$250. Respectfully submitted: Ot4�,L Robert A. Blackwood, Director Personnel & Risk Manager Noted for fisca impact: Viki Copeland Finance Director J - 2 - Concur: S h n R. Burrell City Manager Acknowledged: Maoney Community Resources Director 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING RESOLUTION NO. 90-5422 BY ESTABLISHING A NEW FEE TO RECOVER THE COST OF ISSUING A CERTIFICATE OF INSURANCE FOR TENANTS/USERS OF CITY FACILITIES WHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, it is the intent of the City Council of Hermosa Beach to ascertain and recover costs reasonably borne from fees and charges levied in providing City products or services, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES RESOLVE AS FOLLOWS: SECTION 1. That Resolution NO. 90-5422, Schedule 6 - Miscellaneous Departmental Fees, is hereby amended to include a fee of $10.25 for the issuance of a certificate of insurance for tenants and users of City of Hermosa Beach public facilities; SECTION 2. That this Resolution take effect immediately; SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting in which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 8th day of February 1994. ATTEST: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California , City Clerk APPROVED AS TO FORM: O(A26.L z tSe , City Attorney City of Hermosa Beach Memorandum To: The Mayor and Members fthee, ty Council From: Michael Schubach, Planni g for Subject: Fiesta de las Artes Tran Orti tion Provisions p ons and Street Closures. Date: January 31, 1994 Recommendation: Approve the street closures, and allocation of Proposition "C`. funds for the WAVE bus transportation. The Chamber is again requesting the closure of Pier Avenue from the Strand to Manhattan Avenue, and Hermosa Avenue from 10th Street to 14th Street for the Fiesta de las Artes event. Also included in this request is the closure of 13th Street and 11th Street west of Hermosa Avenue to 20 feet east of the parking lot entrance. The Chamber also requests the use of the WAVE vehicles to help transport persons between the Fiesta, and the remote parking areas. The City Council has approved this request for the past three years. - The vehicles are available for this use, and Proposition C funds are available and can be expended for this purpose. It should be noted that based on the new WAVE contract, the hourly cost for the use of the vehicles has risen from $12.01 to $18.88 per hour. The Chamber is requesting the amount of $7,074 per event. The City currently has approximately $38,000 in surplus Proposition C funds. CONCUR: Steve Burr City Manager NOTED FOR FISCAL IMPACT: --L�A&� Viki Copeland Finance Director Attachment: 1.) Chamber of Commerce request dated 1/31/94. ME HERMOSA BEACH CHAMBER OF COMMERCE 323 PIER AVENUE HERMOSA BEACH, CALIFORNIA 90254 (310) 376-0951 • FAX (310) 798-2594 Mayor Sam Edgerton and Members of the City Council City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 January 31, 1994 Dear Mayor Edgerton and Council Members, The 32nd bi-annual Fiesta de las Artes is planned for May 28, 29, 30 and September 3, 4, and 5, 1994. Traditionally, the city provides space and revises traffic patterns as requested by the Chamber of Commerce to accommodate artists and visitors to the Fiesta. We are again requesting the use of Pier Avenue from the Strand to Manhattan Avenue, and Hermosa Avenue from 10th Street to 14th Street. As in the past, we plan the closure of 13th Street and 11th Street west of Hermosa Avenue to 20 feet east of the parking lot entrance. We will leave the required space for emergency vehicles. Over the past two years, our Fiesta Organizing Committee has met extensively with department heads of Public Works, Police and Fire Departments, General Services, Planning Department and Community Resources. These discussions have resulted in revisions in site management that have improved the event logistics. Subsequent conversations with the above mentioned department heads have confirmed satisfaction regarding the revised plan. For the past three years, the City Council has approved the utilization of WAVE vehicles for transporting fairgoers to and from satellite parking areas, while offering the WAVE program maximum exposure to the community. Approximately 100,000 visitors are downtown enjoying Hermosa Beach during the three days of each event. A large percentage of these people are Hermosa Beach residents and neighboring communities. 11 LIN. 11 Page 2 (cont'd) According to Michael Schubach's office, surplus.funds continue to be available and the contract allows for the use of Proposition C funds for special event transportation. By using a larger number of small vehicles, trip frequency increases, while traffic problems associated with large school buses, pedestrian traffic and vehicular traffic decreases. With WAVE shuttles, we will then use the full amount of the Fiesta transportation budget, which is approximately $8,000 for the 1994 events. In closing, we are requesting council approval for the 1994 Memorial Day and Labor Day Fiesta de las Artes events. Chamber of Commerce Fiesta Committee members and City staff will continue the tradition of meeting as a group before and after each event to ensure a safe, well-planned and professionally managed event. Specific items requesting approval: 1. Closure of the above mentioned streets to thru traffic from 6:00 am to 8:00 pm on the three days of each of the events. 2. Approval for participation by local merchants in sidewalk sales on the show dates. 3. Allocation of Proposition C funds to operate the WAVE vehicles in the amount of $7,074.00 per event. 4. Assistance from the aforementioned departments listed above. The Chamber of Commerce will supply the City of Hermosa Beach with appropriate liability insurance rider, professional street cleaning after each event and close coordination with City staff in the production of these prestigious community events. We will cooperate with merchants in the affected areas to keep the maximum number of streets open to provide access to parking lots and businesses. Page 3 (cont'd) The Chamber, along with our community is proud to present this widely renowned and established event twice a year. The Fiesta brings positive attention to our beautiful city and attracts many thousands of visitors. We thank the City of Hermosa Beach and the Council for their anticipated continued support. Sincerely, HERMOSA BEACH HAMBER OF COMMERCE r Warren Barr, O.D. President Hermosa Beach Chamber of Commerce I f February 1, 1994 Honorable Mayor and Members Regular Meeting of the Hermosa Beach City Council of February 8, 1994 CIP 90-616, EARTHQUAKE REINFORCEMENT OF CLARK BUILDING AWARD OF BID - PRELIMINARY ENGINEERING & FINAL DESIGN Recommendation: It is recommended that the City Council: 1. Award the contract in the amount of $25,000 to Barelli and Associates, Inc. of Los Angeles, CA, to perform preliminary engineering and final design for seismic retrofit of the Clark building. 2. Authorize the Mayor to execute and the City Clerk to attest to the engineering services agreement subject to approval by the City Attorney. 3. Authorize the Director of Public works to make necessary ad- justments within the approved budget. Background: Pursuant to Government Code Section 8875 et seq. (SB -547), all cities are required to identify unreinforced masonry buildings and prepare a seismic hazard mitigation program. A City-wide inspection was made and the Clark building is the only City -owned unreinforced masonry building. Analysis: The Clark Building is in need of seismic strengthening to mitigate the hazard this building represents during an earthquake. The com- pletion date for this project, including construction, is January 1, 1995. Registered Structural Engineers are required to complete the preliminary engineering and structural analysis necessary to make the final design. Modifications to the building will also be required to conform to the American Disabilities Act (ADA). A request for proposal was prepared and distributed. Three proposals were received and the results are as follows: Structural Preliminary Final Total Engineering Firm Barelli & Associates, Inc. Engineering $ 9,000 Design Cost Cost $16,000 $25,000 Myer's & Nelson Houghton Inc. $12,115 $35,875 $47,990 Delta Group Engineering $20,520 $40,000 $60,520 Funding: Total cost of the seismic retrofit including ADA requirements is as follows: 1. Preliminary Engineering (Phase I) $ 9,000 2. Final design (Phase II) 16,000 3. Salary related item 2,500 4 Contingency 10% 2,700 Total: $30,200 Fiscal Impact: The total cost of this project was estimated to be $45,000. This amount ($45,000) was appropriated from Parks, Recreation and Facli- ties Tax Fund for FY 93-94. The remaining balance will be applied toward the construction cost in FY 94-95. Respectfully submitted, H &).,� 6eh4,,�,: Homayoun Behboodi Assistant Engineer Concur: o/YvL,(-at, , Amy A irani Director of Public Works Noted for Fiscal Impact: Viki Copeland Director of Finance pworks/requake - 2 - n Step urrell Cit Manager 1. - February 1, 1994 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council February 8, 1994 SCHOOL DISTRICT LEASE AGREEMENT: VALLEY PARK Recommendation It is recommended by staff that the City authorize the Mayor to sign an amendment to the City's existing agreement with the School District for the use of North School property located in Valley Park to include payment for the monthly water service effective retroactively to January 1, 1994. Background The City and School District entered into an agreement in 1989 for the use of the 2.2 acre parcel located in Valley Park that belongs to the District (Attachment A). At that time, the City renovated the property for recreational use by installing a new irrigation system and planting turf. The City has paid for contract mowing and ongoing maintenance on the site (annual cost estimated $9,000). Historically, the South Bay Union High School District paid for the water service as part of their agreement for the use of North School as an adult school facility. Analysis North School is no longer being used by the High School District(s). With that, Redondo Unified contacted Superintendent Gross to notify her that they would not continue to pay the bill. Dr. Gross requested that the City amend its contract to agree to pay for all utilities and maintenance associated with the property including water service (Attachment B). 1j P Notwithstanding the impact this additional expenditure will have on the general fund (annual impact estimated at $3,600) it would be within the spirit of the City's original commitment (to maintain the land for general public use) to pay for irrigation. And while it is clear that there is no impending threat to prohibit public enjoyment of this parkland, the City's willingness to assist the District with this vacant property ensures that it will be well maintained through the years. Fiscal Impact: FY 93-94 $1,800. Annual Impact: $3,600 Other alternatives : 1. Do not amend agreement. 2. Request additional information. Attachments: 1. Attachment A: School Fields Usage and Maintenance Agreement 2. Attachment B: Letter from Superintendent Gwen Gross dated January 21, 1994. Respectfully Submitted, Mary C. Rooney Assistant Citv Manager/ Community Resources Director Concur: Stephen R."Burrell City Nlanager Noted for Fiscal Impact: Viki Copeland, Director Finance Department is �• _ _ ,. _OOF - ATTACHMENT "A" HERMOSA BEACH CITY SCHOOL DISTRICT AGREEMENT FOR USE OF PARK FACILITIES THIS AGREEMENT is made as of the 31 day of May , 1989, between the City of Hermosa Beach (City) and the Hermosa Beach City School District (District). The District agrees to lease to the City certain premises known as Valley Park, located at Valley Drive and Gould in the City of Hermosa Beach. The City agrees to pay the District as rent for the use of said premises the sum of $1.00 per calendar year, payable on July 1 of each year. The intended use of the leased premises shall be for park and recreation activities. The City agrees to maintain and police the premises and to establish such rules and regulations as are necessary for the proper use of the area that are in keeping with the Civic Center Act of the California Education Code, Sections 40040 - 40047 and District Policy and Regulations 1330: Use of School Facilities. The City may install playground equipment suitable for use of children and other appropriate equipment for the use of citizens in the area. The City shall hold harmless and indemnify the District, 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 direct or indirect act or any omission of the City, its officers, agents and employees arising our of the City's use of said premises. The City, at its own cost, expense and risk shall defend any and all actions, suits or other proceedings that ,-„ay be brought or instituted against the District 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. The City agrees that prior to the effective date of this agreement it shall provide a combined single limit policy for bodily injury and property damage liability insurance in an amount not less than $1,000,000, per occurence. City shall name the District as an additional insured on each policy. The City shall maintain such insurance as will protect it from claims under Workers' Compensation Insurance Act which may arise from Operations under this agreement and shall file certifi- cates of insurance from its insurance carrier to insure that insurance is in effect at all times under the period of this Agreement. -- This Agreement shall remain in effect unless canceled by either party upon sixty (60) days written notice. CITY 01' hERMOSA BEACH By Date , 0VED AS T070"?--M- CITY O70?'M:CZ , AT ORNEY ' 119 q to HERMOSA BEACH CITY SCHOOL DISTRICT By Date APPROVED AS TO FORD: Date 1645 Valley Drive Hermosa Beach California 90254 (310)376-8961 FAX: (310) 376-4974 Members of the Board of Trustees Vicki Garcia Lynne Gonzales Gree Kelsey Cathy McCurdy llary Lou Weiss Superintendent Gwen E. Gross, Ph.D. HERMOSA City January 21, 1994 ATTACHMENT "B" BEACH School District Mary Rooney, Director of Community Resources City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 Dear Mary: It is the request of the Hermosa Beach City School District that the City of Hermosa Beach amend the existing contract for Valley Park to include payment of all utilities and other maintenance associated with the district's section of Valley Park. We request that the amendment be effective retroactively to January 1, 1994. If you are in need of any additional information from our district, please do not hesitate to call. Thank you for your consideration and support of this amendment. Sincerely, 4 Gwen E. Gross, Ph.D. Superintendent GEG:nr c: Angela Jones Memorandum DATE: February 7, 1994 TO: MAYOR AND CITY COUNCIL MEMBERS STEVE BURRELL, CITY MANAGER FROM: MARSHA ERNST, COMMUNITY RESOURCES RE: SCHOOL DISTRICT LEASE AGREEMENT: ATTACHMENT 'A' The wrong agreement (Attachment "A") was inadvertently attached to item 1 j "School District Lease Agreement: Valley Park" for the February 8, 1994 Council meeting. I have attached the correct Agreement. I apologize for any inconvenience this may have caused. ATTACHMENT "A" HERMOSA BEACH CITY SCHOOL DISTRICT AGREEMENT FOR USE OF PARK FACILITIES THIS AGREEMENT is made as of the 31 day of May , 1989, between the City of Hermosa Beach (City) and the Hermosa Beach City School District (District). The District agrees to lease to the City certain premises known as Valley Park, located at Valley Drive and Gould in the City of Hermosa Beach. The City agrees to pay the District as rent for the use of said premises the sum of $1.00 per calendar year, payable on July 1 of each year. The intended use of the leased premises shall be for park and recreation activities. The City agrees to maintain and police the premises and to establish such rules and regulations as are necessary for the proper use of the area that are in keeping with the Civic Center Act of the California Education Code, Sections 40040 - 40047 and District Policy and Regulations 1330: Use of School Facilities. The City may install playground equipment suitable for use of children and other appropriate equipment for the use of citizens in the area. The City shall hold harmless and indemnify the District, 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 direct or indirect act or any omission of the City, its officers, agents and employees arising our of the City's use of said premises. The City, at its own cost, expense and risk shall defend any and all actions, suits or other proceedings that mnay be brought or instituted against the District 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. The City agrees that prior to the effective date of this agreement it shall provide a combined single limit policy for bodily injury and property damage liability insurance in an amount not less than $1,000,000, per occurence. City shall name the District as an additional insured on each policy. The City shall maintain such insurance as will protect it from claims under Workers' Compensation Insurance Act which may arise from Operations under this agreement and shall file certifi- cates of insurance from its insurance carrier to insure that insurance is in effect at all times under the period of this Agreement. This Agreement shall remain in effect unless canceled by either party upon sixty (60) days written notice. CITY OF HERMOSA BEACH 046-7/ i9 L� 0 d1i. By Date ROVED AS T.030?'M: C ITY I;ATTORNEY ' Dii to i HERMOSA BEACH CITY SCHOOL DISTRICT n By .s- 3 Date APPROVED AS TO FORM: I 1 Date t February 1, 1994 Honorable Mayor and Members Regular Meeting of the Hermosa Beach City Council of February 8, 1994 RESOLUTION NO. 94- APPROVING APPLICATION FOR GRANT FUNDS FOR THE URBAN TREE PLANTING COMPETITIVE GRANT PROGRAM Recommendation: It is recommended that the City Council: 1. Approve Resolution No. 94- , a resolution of the City of Hermosa Beach City Council approving the application for grant funds for the Urban Tree Planting Competitive Grant Program for the projects identified as Biltmore and South School Parks. Approve estimated revenue of $219,729 from the Los Angeles County Regional Park and Open Space District and appropriation of these funds to CIP 92-501, South School Park. Background: The Urban Tree Planting Competitive Grant Program was established by the enactment of Section 8.a.3.c of Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree Planting, Senior and Youth Recreation, Beaches and Wildlife Protection, which voters approved on November 3, 1992. This section of the proposition has provided for $5 million to be awarded on a competitive basis for the purpose of planting trees in public places as urban beautification projects. The Los Angeles County Regional Park and Open Space District administers this grant program. It is the Districts intention to make funding from this program available through several funding cycles. For the first funding cycle, a maximum of 1.25 million will be available. Analysis: Biltmore Park The City Council in the FY 93-94 budget allocated $28,000 to provide landscaping on the Biltmore Hotel site, CIP 92-523. An additional $10,000 was transferred to CIP 92-523 from the Greenbelt Landscaping project CIP 90-511. Of this $38,000 budgeted, $16,165 was used for the demolition and removal of existing streets and parking areas on the Biltmore site and $6,000 has been approved for the preparation of working drawings for the park improvement. This leaves a balance of $15,835 in the Biltmore account. As the preferred alternative for the park conceptual plan is estimated to cost $118,000 to construct there exists an approximate shortfall of $100,000 in available funding. In an effort to secure these additional funds, the Public Works staff is in the process of preparing two applications for grant monies. The aforementioned L.A. County Urban Tree Planting Competitive Grant Program and the California Department of Forestry National Small Business Administration Tree Planting Program (the CDF grant does not require a Council resolution to apply). Assuming that the City of Hermosa Beach's applications are approved project agreements could be executed as early as May of 1994 for the County grant and in August 1994 for the CDF grant. In the mean time, work on the undergrounding of utilities and infrastructure upgrades will be performed so that the site will be ready for irrigation, landscaping and park improvements, phased as the grant monies become available. South School Park The City Council in the FY 93-94 budget allocated $100,000 towards the development of South School park, CIP 92-501. In December 1993 the Los Angeles County Regional Park and Open Space District approved the City's per parcel allocation application for the amount of $219,729. The City Council, at their January 25, 1994 meeting approved an allocation of $20,000 to pay for architectural consultant services. The nearly $300,000 left in the South School Park project budget leaves a shortfall of approximately $350,000 from complete park development. In an effort to secure these additional funds the Public Works Department is preparing Urban Tree Planting and CDF grant applications for the South School Park project. Grant monies are expected to be dispersed in May and August of 1994. Work on Phase I of the project is scheduled to be nearing completion by that time so a clean transition into the Phase II work included in the grant applications may be realized. Fiscal Impact: None at this time. Respectfully submitted: Joseph Mankawich CIP Engineer Concur: MaF oney, Director of C mmunity Resources No/t'eAd- for Fiscal mpact: 4L.C.. Viki Co eland Director of Finance pworks/GRANTAP - 2 - Concur: Amy Amirani Director of Public Works -K�2n Stu eo e 'urrell Cil y Manager RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS. FROM THE LOS ANGELES COUNTY REGIONAL PARR AND OPEN SPACE DISTRICT URBAN TREE PLANTING COMPETITIVE GRANT PROGRAM FOR THE BILTMORE AND SOUTH SCHOOL PARR PROJECTS. WHEREAS, the people of the County of Los Angeles on November 3, 1992, enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beaches and Wildlife Protection (the Proposition), which, among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose of planting trees as urban beautification projects; and WHEREAS, the Proposition also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing applications for grant funds under the Proposition; and WHEREAS, Section 8.a.3.0 has allocated funds for the purpose of planting trees in public places as urban beautification projects; and WHEREAS, the District's procedures require the "Applicant" to certify, by resolution, the approval of the application before submission of said application to the District; and WHEREAS, "any Applicant" selected for a grant award will be required to enter into an Agreement with the District for the performance of the project as described in the application; and WHEREAS, said Agreement will contain assurances that "Applicant" must comply with, including an assurance to provide - 1 - any additional funds that may be required to complete the project if the grant funds required are insufficient and an assurance to maintain the property in perpetuity; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA: 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for funds allocated under Section 8.a.3.0 of the Proposition for the above-named Project; and 2. Certifies that the City of Hermosa Beach will be required to provide additional funding for the above-named Project if the requested grant funds are insufficient to complete said Project; and 3. Certifies that the City of Hermosa Beach has, or will have, sufficient funds to operate and maintain the property(s) in perpetuity; and 3. Appoint the Director of Public Works, as agent of the City of Hermosa Beach to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. PASSED, APPROVED and ADOPTED this 8th day of February, 1994. PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: CITY CLERK pworks/urbntree APPROVED AS TO FORM: _ Yisst CITY ATTORNEY - 2 - r 1 Honorable Mayor and Members of the Hermosa Beach City Council February 1, 1994 Regular Meeting of February 8, 1994 HERMOSA AVENUE STREET REHABILITATION CIP 92-141 Recommendation: It is recommended that the City Council: 1. Authorize the award of the Civil Engineering contract for the Hermosa Avenue Street Rehabilitation project to Teledine Engineering, Incorporated in the amount of $27,623. 2. Authorize the Mayor to execute and the City attorney to attest the contract subject to approval by the City Attorney. 3•: Authorize the Director of Public Works to make minor changes to the contract as necessary within budget. Background: The City Council in the FY 1993/94 budget appropriated $235,000 for Street Rehabilitation of Hermosa Avenue from Pier Avenue to Herondo Avenue. On January 3, 1994 the Public Works Department sent out notices requesting proposals for consulting services to prepare engineering plans, specifications, cost estimates, schedules and related engineering documents for this rehabilitation project. Four proposals were received by the Public Works Department on January 20, 1994. Analysis: The Public Works Department analysis of the proposals revealed that all four met the City's requirements with regards to:scope of work, technical expertise, and legal responsibilities. The associated fee proposals were as follows: Teledine Engineering, Inc. $27,623 Willdan Associates $39,224 Harris and Associates $44,302 BSI Consultants, Inc. $62,828 As all proposals were basically equal in scope, the Teledine Engineering proposal seems to offer the best value. Telephone calls to previous clients have shown Teledine to be competent and expedient engineers. The Public works Department therefor recommends award of the Hermosa Avenue Rehabilitation design contract to Teledine Engineering Incorporated in the amount of $27,623. As the Downtown Business Area Enhancement District Commission has recently recommended that redesign of the downtown streetscape be a priority, staff foresees some overlap between the Hermosa Avenue rehabilitation project and the streetscape project. Certainly redesign of the Hermosa Avenue street geometrics must be analyzed before work on the rehabilitation design can be completed. Though the current scope of work does not include investigations into roadway and parking geometry or streetscape aesthetics these items could be added to this contract. The approximate cost for these services would be in the $5,000 to $8,000 range. Other options would be to: 1. Delay the Hermosa Avenue rehabilitation project until after the Downtown Streetscape is designed (1 to 2 years). 2. Rehabilitate Hermosa Avenue from Herondo Avenue to 8th Street, leaving that portion of Hermosa Avenue in the downtown area to be done at a later date. The problems with these two alternatives are the 18 month time limit to the existing grant used to fund this project and the extra costs involved when reducing the rehabilitation into too small a project. Staff therefore recommends addressing the Hermosa Avenue streetscape upgrades at the same time as the rehabilitation project. Funding: Funding for this project (subject to MTA and CALTRANS approval) will be from the following sources: FY 93-94 Budget $235,000 Proposition C Local Highway Program $208,000 State Local transportation partnership program Grant ($133,392 applied for) 50% $ 66,696 Total available funds $509,696 - 2 - I Fiscal Impact: Design of the Hermosa Avenue rehabilitation project will require $27,623 of the $509,696 tentative funding for the project. Preparation and analysis of the Hermosa Avenue streetscape upgrades will require an additional $5,000 to $8,000. Respectfully submitted, oseph Mankawich CIP Engineer Concur: QVK'�- Amy Amirni Director of Public Works Noted for Fiscal Impact: Viki Copeland Director of Finance pworks/strehab - 3 - i St e" urrell City Manager t .. NoilvwaoANi Id1N3W31ddf1S *!I() T V IIt"L °;��i c� ,.a:� toart:t.a .tea:y ;�a� paaao ;)aItijaRj o �(lo; r uo .m oslu 3�t��la 'Pi,a� aaar�f►r� :9 �� .a:�� sate ivq O ua o -nu ��qi jo sovluvw ?4.) In ;t'iou oul-l' `p;yj Jf).d lou sa au�:�a k:a1f),! .a��s�tua�to:a �u.�suQ)� ,-�tIJJO j1e-�OJdi9o; ( .a�i91.ld ��ss�;�,�daa 'np fit. gy.mla.l ;np loj pur, p -mi of ani )minoulur por:ot'pa,ti o Jaa,:�tca.3,,k.(4 .auo:sfj,)ataa cs.�/$tat:��a� 1ea►,� . naa;�:e ss��1 .a,�� :,)I f'618iZ I'v:to ' I -I # INJA.I atpgtnE:.it49et'��1� VauoE V 10 t 86ed f661 R aoai x'd CC:6Z:Zt46181Z February 1, 1994 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council February 8, 1994 SUBJECT: ORDINANCE 93-1093, CORRECTION PURPOSE: AMENDMENTS TO THE OIL CODE REGARDING THE DEFINITION OF GRADE AND TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE Recommendation To introduce the attached ordinance to repeal and correct the previously adopted ordinance 93-1093. Background At the meeting of July 13, 1993, the City Council adopted the subject ordinance. The clear intent of the ordinance was to amend two sections of the oil code to: 1) Clarify the definition of "grade" for the purpose of measuring height of structures (i.e. storage tanks) to not include excavations for well cellars or storage tanks, and; 2) To allow fencing to be constructed less than 5 feet from the property line. Analysis The actual adopted ordinance did not properly mark the text to be eliminated under both Section 1 and Section 2, which was the intent of the amendments. The corrected ordinance clearly marks the text to be eliminated by overstriking said text. These typographical corrections are necessary to carry out the clearly stated intent and substance of the adopted ordinance as discussed and presented. Otherwise the text does not make sense. CONCUR: Not available Michael Sch bach Planning DiAector Step 'e urre Cit pager Attachments 1. Corrected Ordinance 2. Excerpt of C.C. Minutes 7/13/93 Respectf�ly su mitted, Ken Robertson Associate Planner P/ccsrcorr '2a ii I� ORDINANCE 94- 1 iI AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND 2:1 THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND II SECTION 21A -2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE 3. PROPERTY LINE 4 WHEREAS, the City Council held a public hearing on July 13, 5 1993, to consider the recommendation of the Planning Commission 6 and to consider oral and written testimony and made the following it 8 10 11, 121 131 14 15, 16 lii 18, 19 20 21 22 23 24 I 26 2i 28I (Findings: A. Section 21A-1.20 defines grade as the lowest point of the elevation of the finished surface.... between the structure and the property line or when the property line is more than five feet from the structure, between the structure and a line five feet from the structure; B. This definition is sometimes overly restrictive because when measuring the height of a structure from grade, such as from an intentionally excavated well cellar for a storage tank, the height would have to be taken from the lowered grade; C. The requirement of Section 21A -2.9(c) that fencing be setback a minimum of five (5) feet from the property line is unnecessary and inconsistent with the zoning ordinance which has no setback requirements for commercially or industrially zoned property. D. These amendments to the grade definition, and fencing setback, since it only applies to the City maintenance yard site at 555 6th Street, will result in insignificant or negligible impacts as set forth in the Addenda to EIR for oil development at the City Yard; NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby ordain that the Oil Code text be amended as follows: 3 4 5 s 7 s 91 10' 111 12 13 14' 15; 16 17!1 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. Amend Section 21A-1.20, regarding the definition of GRADE to read as follows:: of "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface level of the ground, paving or sidewalk, - excluding excavations for well cellars and storage tanks, within the enclosed area of the privacy wall described in Section 21A -2.9(c)" SECTION 2. Amend Section 21A -2.9(C), second paragraph first sentence, to eliminate the 5 -foot setback requirement for fencing, to read as follows: "Setbacks for such fencing shall conform to the provisions of the zoning ordinance for industrial or commercial property, but in ne ease shall be—less--than -€ive-€eet-€reit the-prepei-ty 11ner-11 SECTION 3. This ordinance repeals and corrects Ordinance 93-1093, which did not properly mark text to be eliminated under Section 1 and Section 2, in order to amend the text in accordance with the action and intent of the City Council at their meeting of July 13, 1993. SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach, in the manner provided by law. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the 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 , 1994, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and MAYOR of the City. of l Hermosa Beach, California ATTEST: CITY CLERK p/pertoil 2/1/94 - 2 - APPROVED/SAS TOO,FORM: me CITY ATTORNEY February 1, 1994 City Council Meeting February 8, 1994 Mayor and Members of the City Council ORDINANCE NO. 94-1103 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTECTION STANDARDS." Submitted for adoption is Ordinance No. 94-1103, relating to the above subject. At the meeting of January 25, 1994, this ordinance was presented to Council for consideration, was amended and was introduced by the following vote: AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None ABSENT: None ABSTAIN: None Noted: Stephen R, rell, City Manager Elaine Doerfling, Cit lerk d 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. AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTECTION STANDARDS. WHEREAS, the City Council of the City of Hermosa Beach has heretofore adopted rules and regulations governing the award of franchises and the operation of Community Antenna Television Systems within the City of Hermosa Beach; and WHEREAS, the State Legislature, by Chapter 262, has added Article 3.5 to the Government Code of the State of California commencing with Section 53054 entitled "Cable Television and Video Provider Customer Service Information Act" which was effective January 1, 1993; and WHEREAS, the State Legislature, by Chapter 1198, has amended the Government Code of the State of California to add Article 4.5 entitled "The Video Customer Service Act," commencing with Section 53088; and WHEREAS, the Video Customer Service Act became effective on September 1, 1993; and WHEREAS, it is the intention of the City Council by this Ordinance to reaffirm and update the terms and provisions of consumer protection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 7.5 of the Hermosa Beach Municipal Code pertaining to Cable Television Systems is hereby amended by adding Article II to read as follows: 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 FR 27 28 "ARTICLE II - CATV CONSUMER PROTECTION Sec. 7.5-24. TITLE. This Article shall be known as and may be referred to as the City of Hermosa Beach CATV Consumer Protection Ordinance. Sec. 7.5-25. INTENTION. It is the intention of the City Council, by this Article, to enact a consumer protection ordinance applicable to CATV systems within the City of Hermosa Beach. To the extent any of the provisions of this Article are inconsistent with any Ordinances, Resolutions or. Agreements, sometimes hereinafter called the "Franchise Documents," the terms and provisions of this Article shall apply. The terms and provisions of the Video Customer Service and Information Act (Government Code 53054, et seq.) which are inconsistent with the terms and provisions of this Article shall apply, but, otherwise, where the terms and provisions of this Article are consistent with the Video Customer Service Act, but provide additional protection, the terms and provisions of this Article shall apply. Sec. 7.5-26. CABLE TELEVISION AND VIDEO PROVIDER CUSTOMER SERVICE AND INFORMATION ACT. No person shall violate the terms and provisions of the Cable Television and Video Provider Customer Service And Information Act, Government Code 53054, et seq. All CATV Franchisees within the City shall comply with all of the terms, and 2 1 2 provisions of said Act. In the event of the failure of any Franchisee to distribute the Annual Notice required by 3 4 Section 53055.1 of the Government Code, the City Manager 5 shall give written notice thereof to said Franchisee to 6 comply within sixty (60) days, and upon failure of said Franchisee to so comply, a penalty in the sum of $500 for 7 each year in which the notice is not distributed shall be 8 imposed by the Director of Finance. The penalties shall 9 be _ due and owing immediately upon notice of its 10 disposition. Non-payment of the penalty shall be grounds 11 for termination of said franchise. 12 The Annual Notice as used herein, and as required by 13 said Act, shall be given at least sixty (60) days after 14 the effective date of the Ordinance enacting this Section 15 and, thereafter, on or about the first day of January of 16 each year. The Notice given to the City of Hermosa Beach 17 shall be delivered to the City Administrator and shall 18 include a verbatim copy of the customer service standards 19 established by each Franchisee within the City. 20 Sec. 7.5-27. VIDEO CUSTOMER SERVICE ACT. No person 21 shall violate the terms and provisions of the Video 22 Customer Service Act, Government Code 53088, et seq. In 23 the event any resident of the City of Hermosa Beach, or 24 business located therein, including the City of Hermosa 25 Beach, should claim that a Franchisee, is not complying 26 with the terms and provisions of said Act, or any resident 27 of the City of Hermosa Beach, or business located therein, 28 should have a dispute with said Franchisee under the 3 1 2 provisions of said Act, written notice thereof may be 3 filed with the City Clerk. 4 A. Any resident of the City of Hermosa Beach, or 5 business located therein having a dispute with a 6 Franchisee or having a complaint that the Franchisee is 7 not complying with the terms and provisions of said Act 8 shall produce the complaint or dispute in writing before 9 the City Clerk is required to act thereon. Upon receipt of _said written notice, the City Clerk shall, within ten 10 (10) days, make a tentative determination of whether the 11 matter set forth in the notice is within the terms and 12 provisions of said Act. 13 B. If the City Clerk should determine that the matter 14 set forth in said notice is not within the terms and 15 provisions of said Act within said ten (10) days, said 16 City Clerk shall return the written notice to the person 17 providing the same with a written explanation of why the 18 same is not covered under said Act. 19 C. If the City Clerk determines that the notice 20 appears to be under the terms and pp provisions of said Act, 21 he or she shall give the Franchisee written notice of any 22 alleged material breaches of the consumer service 23 standards of said Act and allow the Franchisee at least 24 thirty (30) days from receipt of the notice to remedy the 25 specified breach. 26 D. If, in the opinion of the City Manager, or his 27 duly authorized representative, said breach is material 28 and not remedied within said thirty (30) days, said City 4 1 Manager or representative shall give the Franchisee a ten- 2 3 day prior written notice of the penalties assessed for 4 said breach as provided in Section 53088.2(o) of the Government Code of the State of California. 5 E. Pursuant to said Section 53088.2(o) and (p) of the 6 Government Code, the City Manager, or his authorized 7 representative, is hereby authorized to impose the 8 penalties therein set forth on or after September 1, 1993. 9 The_ penalties shall not exceed the amounts therein set 10 forth and shall be assessed in accordance with the terms 11 and provisions of Section 53088.2. In the event any 12 Franchisee should fail to pay said penalty when assessed, 13 on written notice to the Franchisee, the same may be 14 grounds for the revocation of said franchise. However, 15 any monetary penalty assessed under the provisions of this 16 Section, shall be reduced dollar for dollar to the extent 17 any liquidated damages or penalty provision of the 18 Franchise Documents imposes a monetary obligation upon the 19 Franchisee for customer service failures, and no other 20 monetary damages may be imposed in such a case. 21 F. Any resident of the City of Hermosa Beach, or 22 business located therein directly affected by any ruling 23 or determination of the City Clerk or the City Manager or 24 his representative may, by written notice filed within ten 25 (10) days of receipt of written notice of the decision 26 complained of, appeal said decision to the City Council. 27 The City Clerk shall thereafter schedule a public hearing 28 5 1 2 on said appeal before the City Council within sixty (60) 3 days of the receipt of said appeal. Sec. 7.5-28 CATV CONSUMER PROTECTION. In addition 4 5 to the provisions of any Franchise Documents pertaining to 6 consumer protection the following consumer protection standards are adopted and, where inconsistent with the 7 Franchise Documents, shall govern: 8 A. For the purpose of this Section the following 9 definitions shall apply: 10 1. "Company" shall mean the CATV Franchisee of 11 the City of Hermosa Beach. 12 2. "Customer Service Representative" shall mean 13 the representative of said company that is designated and 14 trained to assist cable television customers with all 15 matters pertaining to the provision of service. 16 3. "Consumer or Customer" shall mean that person 17 or business to whom company provides CATV services within 18 the City of Hermosa Beach by authorized rental, sale or 19 subscription. 20 4. "Normal Business Hours" shall mean those 21 hours during which most similar businesses in the 22 community are open to serve customers. In all cases, 23 "normal business hours" must include some evening hours at 24 least one night per week and/or some weekend hours. 25 5. "Normal Operating Conditions" shall mean 26 those service conditions which are within the control of 27 the cable operator. Those conditions which are not in 28 control of the cable operator include, but are not limited 6 1 2 to, natural disasters, civil disturbances, power outages, 3 telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within 4 the control of the cable operator include, but are not 5 limited to, special promotions, pay-per-view events, rate 6 increases, regular peak or seasonal demand periods, and 7 maintenance or upgrade of cable system. 8 6. "Service Interruption" or "Outage" shall mean 9 the_ loss of picture or sound on one or more cable 10 channels. 11 7. "Systems" shall mean the CATV Franchisee of 12 the City of Hermosa Beach. 13 B. Each Franchisee of the City of Hermosa Beach shall 14 comply with the following consumer standards: 15 1. Require that a Customer Service 16 Representative will be available to respond to customer's 17 or PEG channel programmer's telephone inquiries Monday 18 through Friday from 8:00 a.m. to 6:30 p.m. and on Saturday 19 from 9:00 a.m. to 1:00 p.m. Holidays are excluded. The 20 cable company's customer service center shall be open 21 during normal business hours. The cable company shall 22 provide telephone availability to its subscribers twenty - 23 four (24) hours a day, seven days a week. After normal 24 business hours an. answering service or an automated 25 response system must be provided. Inquiries received after 26 normal business hours must be responded to by a trained 27 company representative on the next business day. 28 7 1 2 2. Under normal operating conditions, telephone 3 answering time by a customer service representative, 4 including wait time and the time required to transfer the S call, shall not exceed 30 seconds. The number of routine 6 rings shall be limited to four or fewer. Under normal 7 conditions customer callers shall receive a busy signal less than 3% of the time. This standard shall be met no 8 less than ninety percent (90%) of the time measured on a 9 quarterly basis and in accordance to a methodology 10 proposed by cable company and approved by City. City 11 shall have an absolute right, upon three (3) days written 12 notice, to inspect any and all telephone response and 13 monitoring information as necessary for City to assure 14 that the cable company is meeting its requirements. 15 3. Under normal operating conditions, each of 16 the following standards will be met no less than ninety 17percent(9001) of the time measured on an p quarterly basis 18 in accordance to methodology proposed by cable company and 19 approved by City: 20 (a) Standard installations will be performed 21 within seven (7) business days after an order has been 22 placed, excepting subscriber request(s) otherwise. 23 "Standard" installations are up to 125 feet from the 24 existing distribution system. 25 (b) Excluding those situations reasonably 26 beyond the control of the cable operator (which include 27 natural disasters, civil disturbances, power outages, 28 telephone network outages and sever or unusual weather 8 1 2 conditions), the cable operator will respond to service 3 interruptions, defined as three or more signal outages 4 effecting more than one channel in franchise area, 5 promptly and in no event later than 4 hours. The 6 franchisee shall be deemed to respond to an outage when 7 its representative arrives at the outage location, if necessary, and begins to resolve the problem. Other 8 service problems will be responded to by the close of 9 business on the next working day of the cable operator. 10 (c) The in-home appointment window 11 alternatives for installations and service calls shall not 12 be longer than four (4) hours in compliance with 13 California Civil Code Section 1722. The customer may 14 choose the appointment window most convenient for them. 15 (d) If, at any time an installer or 16 technician is running late and will not arrive within the 17 prescribed window, an attempt to contact the customer will 18 be made and the appointment rescheduled as necessary at a 19 time which is convenient for the customer. 20 4. Cable company billing statements shall be 21 clear, concise and understandable: Bills will be fully 22 itemized, with itemizations including, but not limited to, 23 basic and premium service charges and equipment charges 24 and bills will also clearly delineate all activity during 25 the billing period, including optional charges, rebates 26 and credits. Cable company shall consult with City on any 27 changes to company's statement and will consider City 28 suggestions for modifications. 9 1 2 5. No customer shall have their service 3 disconnected unless there has been compliance with the 4 provisions of Government Code 53088, et seq. 5 6. In ninety percent (90%) of cases, refund 6 checks will be issued within thirty (30) days; but, in no 7 event, later than forty-five (45) days following the 8 resolution of the request and the return of the equipment supplied by the cable company if service is terminated. 9 7. Cable company will cooperate with City's 10 annual customer service and local programming survey. 11 8. Customers will be notified a minimum of 12 thirty (30) days in advance of any rate or channel 13 realignment change changes in products and services 14 offered, billing and complaint procedures and service 15 maintenance policies, as provided in Government Code 16 53088.2 (h) . 17 9. Cable company shall provide City with a 18 quarterly report on thenumber of service interruptions 19 longer than thirty (30) minutes (on subscriber and 20 institutional networks); service requests, complaints and 21 service calls; their breakdown and resolution and 22 comparison on a year-to-date and previous quarter/last- 23 year basis. The report shall be in a format proposed by 24 cable company and approved by the City. 25 10. Customers and local PEG channel programmers 26 shall be afforded access to company's management structure 27 including the System Customer Service Manager and System 28 General Manager. System management staff will respond in 10 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 good faith to PEG channel programmers and customer verbal complaints or inquiries within one (1) working day of the initial request. System management staff will respond in - writing to PEG channel programmers and customer written complaints or inquiries within five (5) working days of the initial request. Customers will, at least annually, be informed of this option via written notice. 11. Cable company shall file all general customer communications with the City. Company's filing with City shall at least be concurrent with its initial distribution to customers. General customer communications include, but are not limited to, marketing materials, notice of any changes in rates, programming services or channel positions and annual notification information required under state law. 12. Cable company will prepare and submit to the City a policy with respect to procedures for access to subscriber's property. 13. If the cable company personnel does not arrive for installation or service calls within a designated four-hour time frame agreed to by the consumer, the consumer may request and is entitled to one month's worth credit of the subscriber's basic service tier bill. If the cable company fails to provide such credit, and the request was made in writing by the consumer within forty- five (45) days of the missed appointment, the City may direct the cable company to issue the credit. The acceptance of the above service credit shall not prohibit 11 1 2 the consumer from seeking additional remedies pursuant to applicable state law. 3 14. If the cable company does not mail a check 4 for a refund (including applicable interest) to any 5 consumer disconnecting service with an outstanding credit 6 within the next billing cycle or thirty days, whichever is 7 earlier, the consumer may request and is entitled to 8 receive a $10.00 payment. In addition to the initial 9 refund (and applicable interest) due, if the cable company 10 fails to provide the $10.00 payment and the request was 11 made by the consumer within forty-five (45) days after 12 failure to receive the refund, the City may direct the 13 cable company to provide the $10.00 payment as well as any 14 outstanding refund (and applicable interest) due. 15 15. If the cable company cannot perform standard 16 installations, defined as those located up to 125 feet 17 from the existing distribution system, within seven .(7) 18 calendar days of request. by a consumer, the consumer may 19 request and is entitled to receive a $10.00 credit. If 20 the cable company fails to provide the $10.00 credit and 21 the request was made by the consumer in writing within 22 forty-five (45) days of the installation request, the City 23 may direct the cable company to issue the credit. 24 16. The cable company shall provide an automatic 25 credit to all consumers where there is an outage of all 26 channels for a period of twenty-four (24) consecutive 27 hours or more which affects the entire Franchise area, 28 regardless of the cause of the outage. The credit for such 12 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 an outage shall equal, at a minimum, the value of one thirtieth of each customer's monthly bill for the first 24 -consecutive -hour period and prorated for each additional four-hour period or portion thereof that the outage continues. The cable company shall provide an automatic credit to all affected consumers when there is an outage of any premium service for a period of twenty- five (25) consecutive hours or more which affects the entire Franchise area, regardless of the cause of the outage. The credit shall equal, at a minimum, the value of one -thirtieth of each consumer's monthly premium service bill for the first 24 -consecutive -hour period and prorated for each additional four-hour period or portion thereof that the outage continues. 17. Upon request of the cable consumer, the cable company shall provide a credit to a consumer whenever an outage or outages of four or more hours in a..twenty-four hour period has occurred on any of the channels received by a consumer as part of their cable television service. The credit shall be prorated for the outages of four hours or greater duration occurring in a 24-hour period. In the event that a premium channel is affected by the outage, the credit shall prorated based on consumer's monthly premium rate for each outage of four hours or greater duration occurring in a 24-hour period. 18. Consumers will be given at least thirty (30) days notice of any scrambling or de -scrambling of a 13 1 2 channel(s), or rate changes that are within the company's control. 3 19. The cable company shall offer consumers the 4 option to receive an A/B switch at the time of initial 5 cable service installation and shall provide consumers 6 with written information as to how to use such a switch. 7 The cable company may charge a reasonable price for said 8 switch. Upon consumer request, the cable company shall 9 provide an A/B switch after the initial installation of 10 cable service. If the consumer requests installation of 11 such a switch (to receive broadcast television without 12 cable hookup), the cable company may charge reasonable 13 fees for such installation and equipment. 14 20. If, in the opinion of the City Manager, there 15 has been a material violation of the terms and provisions 16 of this Section which has not been remedied despite 17 notices to do so or the assessment of fees and fines., a 18 written notice may be given to the Franchisee setting 19 forth in detail the nature of the violation and 20 proceedings commenced as of the violation and proceedings 21 commenced as provided in the Franchise Agreement Documents 22 for the revocation of said Franchise. 23 SECTION 2. The City Clerk shall certify to the passage 24 and adoption of this ordinance, shall enter the same in 25 the book of original ordinances of said city, and shall 26 make minutes of the passage and adoption thereof in the 27 records of the proceedings of the city council at which 28 the same is passed and adopted. 14 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 of , 1994. ATTEST: APPROVED AS TO FORM: day President of the City Council and Mayor of the City of Hermosa Beach, California City Clerk 'r, , City Attorney 15 February 1, 1994 Honorable Mayor City Council Meeting and Members of City Council of February 8, 1994 UNREINFORCED MASONRY BUILDING HAZARD MITIGATION PROGRAM PROGRESS REPORT RECOMMENDATION 1) Direct staff to prepare an enforcement ordinance that requires seismic strengthening of unreinforced masonry buildings (URM) pursuant to the following schedule: a) All assembly buildings with an occupant load in excess of 300 persons shall be strengthened by January 1, 1995. b) All buildings undergoing significant renovations shall be strengthened at the same time renovations are accomplished. c) Any building not strengthened by virtue of item (b) above by January 1, 1995 shall be subsequently strengthened by January 1, 1997. 2) Direct the Planning Commission to study allowing zoning incentives (i.e. reduce parking standards) for the replacement of URM buildings. BACKGROUND At the January 1994 meeting the City Council directed staff to prepare a status report regarding seismic mitigation programs. Pursuant to Government Code Section 8875 et seq. (SB -547) all cities are required to identify unreinforced masonry (URM) buildings and to develop a program to mitigate the hazard these buildings represent during earthquakes. On April 25, 1989 the City Council approved an agreement with the firm of Melvyn Green and Associates to identify all URM buildings and prepare a seismic hazard mitigation program. To date, a field survey of URM buildings has been completed and the building owners notified. The results of that survey were reported to the City Council on December 12, 1989 and to the State Seismic Safety Commission. Current state law does not mandate that cities required URM buildings to be strengthened. The buildings do pose a very real hazard in earthquakes however and staff recommended that the prudent course of action would be to require these buildings to be strengthened in the February 13, 1990 staff report. PROGRESS REPORT Of the original list of URM buildings 46 remain to be mitigated. One (1) city -owned building, the Clark Building at 861 Valley Drive, has been engineered and bids for the work have been received and reviewed. One other building is ready for permit issuance. Three structures have been seismiclly retrofitted and one structure is currently under construction. ANAT.VSTS The recommendation, as indicated in the Seismic Hazard Mitigation Report prepared by Melvyn Green & Associates, provided for mandatory strengthening of all URM buildings by January 1, 1997. Further, all URM assembly buildings with a high occupant load (over 300 occupants) and URM buildings undergoing significant renovation would be strengthened by January 1, 1995. The proposed timetable provided affected building owners adequate opportunity to explore options to either strengthen or demolish their URM buildings. In addition, since the city is probably not in a position to offer financial assistance to affected building owners, staff recommends that the Planning Commission be directed to study allowing zoning incentives to strengthen or replace URM buildings. An example of a zoning incentive would be to allow a URM building to be replaced with a new building without meeting the current parking requirements. To a large extent this incentive is already in place with the parking exemptions given to the downtown district in the recently adopted downtown parking ordinance. Allowing such incentives would likely hasten removal of the hazard presented by URM buildings. An added benefit of such an incentive would be a building meeting all current building codes instead of only strengthened structurally. Concur: 1&) Steven' rrell, City M ager Respectfully submitted, Carol Williams, Senior Building Inspector Michael'Schubach Interim Building Director — Z— I February 1, 1994 Honorable Mayor and Members of the Regular Meeting of Hermosa Beach City Council February 8, 1994 COUNTY LIFEGUARD AND BEACH MAINTENANCE CONTRACT EXTENSION Recommendation It is recommended by staff that Council authorize the addition of the sun shelters to the marketing package authorized by the City at the January 11, 1994 meeting. Background On January 4, 1994, the County Board of Supervisors approved their staffs recommendation to extend the City's contract through June 30, 1994. This extension was based on the offer from the City for $116,000 in new and existing subsidies (Attachment A). Out of concern over the reduced contract term, Council voted to approve the contract amendment with the exception of the three (3) sun shelters. Council agreed to proceed in selecting locations for the proposed shelters but not to permit their construction until a longer contract term is approved by the Board of Supervisors. Analysis Staff presented this offer to Beaches and Harbors and to Supervisor Dana's office for review. On both counts, the response from the County was not favorable. In a letter to staff, the Director of Beaches and Harbors stated that he could not return to the Board with a recommendation to approve our amendment without all of the subsidies initially offered. Recognizing the Council's concerns over the construction of shelters in light of the fast approaching summer deadline, staff still contends that if provisions for demolishing and restoring the areas to their original state if the County contract should be terminated are enough to protect the City from any downside in the unlikely event that the County would elect to terminate the Recreation Agreement. Fiscal Impact: None Attachments: 1. Attachment A: Jan. 11, 1994 Council Agenda item "Beaches and Harbors Contract Update: Lifeguard and Beach Maintenance Services" and Council minutes. 2. Attachment B: Proposed Amendment: Beaches and Harbors Contract. Respectfully Submitted, �_ Mary C. -Mooney Assistant City Manager Concur: Stephen R. ftlrrell City Manager ATTACHMENT "A" January 4, 1994 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council January 11, 1994 BEACHES AND HARBORS CONTRACT UPDATE: LIFEGUARD AND BEACH MAINTENANCE SERVICES Recommendation It is recommended by staff that Council authorize staff to negotiate an amendment to our contract with Beaches and Harbors to extend beach services through June 30, 1994. Background At the December 14, 1993 City Council meeting, staff was authorized to offer the County a subsidy package totalling over $100,000 to include marketing programs and restroom maintenance in exchange for a five (5) year contract. Staff provided the Supervisors with the revised offer (see Attachment A) on December 15, 1993. The Supervisors approved a County staff recommendation to extend the contract through June 30, 1994 with a unanimous vote at their January 4, 1994 Board meeting (see Attachment B). Analysis Clearly the County -approved term falls significantly short of the City's five (5) year request, however, if the Citv restricts its subsidy offer to the same time period there should be no significant downside to this interim agreement. Based on conversations with Supervisor Dana's staff, the shorter term was recommended to allow for Beaches and Harbors to look at long term solutions; to negotiate agreements with other cities; and to assess the County's long term fiscal outlook. If Council agrees in concept to this sit (6) month extension, staff will work with Beaches and Harbors to draft an agreement that will include the Cites commitment to the attached subsidies for the six (6) month period with an option to extend them commensurate with future contract extensions --ranted by the Countv. With continued cooperation between the Citv_ and the County, these Nital services can survive these tough economic times to the benefit of county residents and visitors for years to come. Concur: Stephen R. Burrell City Manager Respectfully Submitted, Mary C=Roonev Assistant Citv Manager ATTACHMENT "A" City of 21ermosa T X DMA4 I..4Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 V December 15, 1993 Honorable Deane Dana Supervisor, 4th District County of Los Angeles Board of Supervisors Hall of Administration 500 W. Temple Street Los Angeles, California 90012 Dear Supervisor Dana: The City of Hermosa Beach thanks the Board of Supervisors for extending lifeguard and beach maintenance services through December 28, 1993 in order to allow time for new Council members to review and take action on this critical issue. We are also appreciative of the efforts your staff made in keeping the City up to date on County budget developments and the resultant funding shortfalls projected for Beaches and Harbors. In response to the contract extension, at their December 14, 1993 meeting, Council voted unanimously to add $40,000 in new marketing program subsidies to the City's previous package (see Attachment A). In combination with current marketing programs and the new subsidies that were acceptable to County staff from the previous package (Attachment B), the City's offer totals over $100,000. hi light of these items and of the City's continued commitment to explore long term solutions to the beach services funding problem, we respectfully request that the Board approve an extension of beach services for five (5) years. To that end, we are prepared to work with County staff to draft a contract reflecting our offer as presented following your approval. Honorable Deane Dana December 1521993 Page Two The City is sympathetic to the tough decisions the Supervisors have been faced with during this fiscal cycle and we are proud that the Board has consistently placed responsible public service at the forefront by voting to retain these vital services even through the most difficult times in our negotiations. With that and a renewed spirit of cooperation from the City, we await your response and look forward to working diligently with Beaches and Harbors to ensure the future of beach services. Thank you in advance for your time and consideration. Sincerely, ary C. Rooney Acting City Manager cc: City Council Beach Advisory Committee Stan Wisniewski, Director, Department of Beaches and Harbors ATTACHMENT A NEW SUBSIDIES OFFERED 12/14/93 COUNTY MARKETING PROGRAMS SUN SHELTERS: EVENT BANNERS: total PREVIOUS PACKAGE 10/13/93- $303000 10,000 40,000 RESTROOM CLEANING $303000 MARKETING PROGRAMS 14,000 ONGOING MARKETING PROGRAMS 16,900 total 60,900 'Service reductions from 10/13/93 offer have been eliminated per County evaluation that the costs savings could not be realized with percentage reductions as requested. Grand Total: $100,900 .b'.. Cit o 2lermosa lTeac� . _ Y I.. X Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254.3885 October 13, 1993 Honorable Edmund Edelman, Chairman County of Los Angeles Board of Supervisors Hall of Administration 500 W. Temple Street Los Angeles, California 90012 Dear Chairman Edelman: The City of Hermosa Beach respectfully requests your approval for a renewal of our contract for Lifeguard and beach maintenance services for a period of five (5) years. Attached you will find a list of subsidies the City offers to assist the County in meeting the Beaches and Harbors budget shortfall. The items listed include new revenue sources; subsidies the City will continue to provide (per the previous contract); and projected long term revenue options. The package includes $114,000 in newly proposed items. The City would continue to provide existing subsidies and services that represent over $297,000 in direct cost to the City. The potential annual impacts of the proposed long term items have not been calculated. Preserving lifeguard services became the primary objective of discussions between the City and County, therefore, we spent considerable time exploring beach maintenance services and marketing programs to see what we could afford to add to the expense side for the City without compromising safety services. Due to our own grim budget outlook, we recognized that we also needed to look at long term solutions (such as the Pier concession and parking lot revenues) that may provide ongoing funding sources for beach services. While these items will not provide an immediate benefit to the County (i.e., FY 93-94), we wanted to present them to you so that they could be considered by the Supervisors as representative of the City's willingness to identify renewable funding sources that would impact beach services for more than an isolated fiscal year. At the Board's request, the City is prepared to address these items contractually to solidify our commitment to the County. We understand that the City's current offer may fall short of what would meet the County's anticipated funding gap. In light of that, while we ask for your most serious consideration in accepting what we can provide in the short term, if you require additional cost savings for FY 93-94, we urge you to direct Beaches and Harbors ATTACILMENT "B" Honorable Edmund Edelman, Chairman October 13, 1993 Page Two staff to reduce service levels to the extent necessary to meet the shortfall in lieu of a total withdrawal of County services. Like the County, this fiscal year has been disheartening for our City. After cutting City services and putting to bed what was a difficult budget to balance, we were immediately faced with the threat of library closure and beach service withdrawal from the County. We are grateful that the Board took decisive action to sustain our library services at a reduced level as a good faith effort to continue serving communities. We ask for similar consideration here and have confidence that you will see fit to preserve the best level of service possible to all beaches in the County in the short term so we can work together to find innovative ways to seek more permanent solutions to this funding problem in the long term. As we have expressed in previous correspondence, we applaud the County for providing this exemplary regional service. We also commend the Supervisors for working with the City on this contract in the best interests of public safety. Over a half a century ago, Hermosa Beach was the birthplace of what has evolved to be perhaps the best ocean lifeguard operation in the world. As ever, we are committed to working with you now and in years to come to ensure that future generations of LA County residents have safe and clean beaches to visit. Thank you for your consideration of our request. We anxiously await your response and direction. Sincerely, 1 ooney A ling City Manager cc: Board of Supervisors City Council Beach Advisory Committee Stan Wisniewski, Director Beaches and Harbors Department CITY OF HERMOSA BEACH LIFEGUARD AND BEACH MAINTENANCE CONTRACT NEW SUBSIDIES/COST SAVINGS: PROPOSED $114,000 ANNUALLY • RESTROOM CLEANING: The City will take over the contract currently paid for by the County. SAVINGS TO THE COUNTY (CONTRACT COST) SERVICE REDUCTIONS: The City requested that Beaches and Harbors staff provide cost saving figures accounting for service reduction scenarios (attached) the City would agree to a 50% maintenance service reduction to reduce the cost of services in Hermosa Beach. County staff stated that they would not achieve true cost reductions with service changes solely in Hermosa Beach. Due to the fact that negotiations with other cities are still in progress, the City requests that maintenance service reductions be considered in other contract negotiations in order to successfully recover costs. SAVINGS TO THE COUNTY • MARKETING PROGRAMS: The City agrees to participate in additional County marketing programs to include: S30,000 $70,000 BIKERACKS....................................................................................S 2,000 BENCHES..........................................................................................S 2,000 VOLLEYBALLNETS.......................................................................S 2,000 SAFETYSIGNS.................................................................................S 8,000 ANNUAL TOTAL S1149000 10/13/93 Page 2 SUBSIDIES ALREADY PROVIDED BY THE CITY FOR BEACH SERVICES (WII.L BE CONTINUED): • CURRENT PARTICIPATION IN COUNTY MARKETING PROGRAMS: $16,900 ANNUALLY • LONG TERM LEASE AGREEMENT FOR LIFEGUARD HEADQUARTERS: The existing contract for the use of the City's land by the County expires in 1996. The City would continue to provide this land to the County at no cost on a matching basis for each year of the contract renewal. ESTIMATED ANNUAL LEASE RATE VALUE @.87 PER SQUARE FOOT (OUR CURRENT PUBLIC FACILITY LEASE RATE): $ 16,900 $ 30,694 • STRAND FOOT PATROL $250,000 • PIER MAINTENANCE $ 22,000 • RESTROOM/SHOWER REPAIRS $ 16,000 • STRAND MAINTENANCE $ 32,000 ANNUAL TOTAL $2979664 10/13/93 LONG TERM PROGRAMS TO BE CONSIDERED BY COUNTY: REVENUES/SAVINGS TO BE DETERMINED Page 3 ♦ PIER CONCESSION: The City is currently involved in planning for Municipal Pier renovation. We have received $1.5 million in Proposition A funds to renovate the Pier and would request that the County assist us with Prop A monies to work on the lifeguard headquarters as part of the project. Once completed (we are already well into the design phase) we would propose to dedicate Pier Concession revenues to beach services. PARKING LOT REVENUES: During negotiations, County staff initiated discussions regarding the use of some City owned property for beach parking with fees dedicated to beach services. The City is dedicating substantial resources to downtown revitalization. If the County could assist the City with some capital funds for beach parking lot construction, the City could commit parking revenues to the County for beach services on a long term basis. VOLUNTEER PILOT PROGRAM (RESERVES): Understanding that the budget shortfall may be felt for years to come, the City would like to work in partnership with the County to develop a reserve program for lifeguards and beach clean-up programs. Hermosa Beach would provide meeting facilities and support for a training center to initiate the program which could be developed County wide. • SERVICE FEES PILOT PROGRAM: Cities have initiated ambulance service fees for calls as a means to assist with cost recovery. If Beaches and Harbors could design a program for Lifeguard calls, the City would be willing to serve as a pilot project for this type of effort. • CITY OPERATED SERVICES: With due respect to the outstanding services the County provides, if Lifeguard and maintenance work cannot be delivered within the diminishing budget parameters, the City would ask that the County allocate funds to the City to allow the City to contract or operate services within the budget constraints. This option is emphasized as a last resort as the City is most interested in continued County services. ANNUAL TOTAL TO BE DETERMINED Season/Function SUMMER Refuse Pick Up Raking Sanitizing Restroom Cleaning WINTER Refus• Pick Up Raking Sanitising Restroom Cleaning TOTAL ESTIMATED DIRECT COST DRS cbe 7/13/93 Exhibit 2 Department of Beaches and Harbors Hermosa Beach Maintenance Frequencies and Costs Current 10% 20% Frequency Reduction Reduction 50% Reduction 5/week N/A 4/Week 3/Week 7/Week 6/Week 5/Week 3/Week 7/Week 6/Week S/Week 3/Week 28/Week 25/Week 21/Week 14/Week 3/Week N/A 2/Week 2/Week 7/Week 6/Week 5/Week 3/Week 7/Week 6/Week S/Week 3/Week 7/Week 6/Week 5/Week 3/Week $149,000 $134,000 $119,000 $75,000 ** TOTAL PAGE.004 ** ATTACHMENT "B" AGRICULTURAL COMMISSIONERfWEIGHTS AND MEASURES (51 8 4 -VOTE 8. Recommendation: Approve Appropriation Adjustment in the amount of $600,000, to restore funding for the Quantity Control/ Investigation Program. APPROVE (CRON NO. 93357LAC0024) Attachments on file in Executive Office. AUDITOR -CONTROLLER (2) 9 9. Recommendation: Approve requirements governing departmental relationships with foundations and support groups, to provide direction to departments and increase the Board's oversight of affiliated foundations and support groups. APPROVE (Continued from meeting of 12-7-93 at the request of Supervisor Burke) (CRON NO. 93328LAC0020) BEACHES AND HARBORS (4) 10-12 10. Recommendation: Approve agreement with the Greater Los Angeles Radio. Inc., for the donation sponsorship of the beach trash barrel program (3 and 4); and authorize Director to exercise the option to extend the agreement, if appropriate. APPROVE, INSTRUCT CHAIR TO SIGN (CRON NO. 93361 LAC00351 11. Recommendation, Instruct Director to negotiate a contract 'amendment with the City of Hermosa Beach (4), to extend the beach lifeguard and maintenance services through June 30, 1994, on the financial terms approved by the City on December 14, 1993. APPROVE (CRON NO. 93361LAC0033) _.,. 12. Recommendation: Approve amendment to lease agreement with the Southern California Edison Co., for Parcel 200, Marina del Rey (4), to effect new rent and other provisions for the ten-year period beginning February 1, 1992. APPROVE, INSTRUCT CHAIR TO SIGN (CRON NO. 93361LAC00241 Attachments an file in Executive Office. CHILDREN'S PLANNING COUNCIL 13 13. Recommendation: Acceot cash donation of $10.000 from the ARCO Foundation. ACCEPT WITH THANKS (CRON NO. 93355LAC0005) CAO RECOMMENDATIONS IN CAPS - 8 - January 4, 1994 -Tuesday medical services, except on such terms as the County may dictate. Motion Bowler, second Benz. The motion carried unanimously. City Attorney Vose asked if the Council would be inter- ested in supporting other amicus briefs, as his office received a large number of them on many different topics. The Council concurred with Councilmember Bowler's suggestion that the information be supplied to them in their mail packets and individual Councilmembers could request any of interest be placed on the agenda. 9. BEACHES AND HARBORS CONTRACT UPDATE: LIFEGUARD AND BEACH MAINTENANCE SERVICES. Memorandum from Assistant City Manager Mary Rooney dated January 4, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. Action: To accept the County contract proposal as sent back to us with the amendment that because the "Sun Shelters" will have to be reviewed by the Parks, Recre- ation and Community Resources Advisory Commission as to the location and construction through its own hearings, that the "Sun Shelters" not be approved as part of the contract until the contract is renegotiated again in June, parties understand that this item will be included in the contract in June, if all the terms remain the same and, that the County and the City can come to a multi-year agreement. Motion Mayor Edgerton, second Bowler. The motion car- ried unanimously. The meeting recessed at 11:20 P.M. The meeting reconvened at 11:30 P.M. 10. MISCELLANECUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) Planning Commission Appointment, Memorandum from City Clerk Elaine Doerfling dated January 5, 1994. Action: To continue to the Regular Meeting of January 25, 1994, at the hour of 6:00 P.M. the formal public interviews of the following five applicants for the Planning Commission vacancy of an unexpired term ending June 30, 1996: 1) Annie Moler - Councilmember Benz; 2) Peter Tucker - Councilmember Bowler; 3) Darrell Rockefeller - Councilmember Oakes; 4) Steve Crecy - Councilmember Reviczky; and, 5) Alan Dettlebach - Mayor Edgerton, Motion Mayor Edgerton, second Benz. So ordered. City Council Minutes 01-11-94 Page 8400 ATTACHMENT "B" Extension_ of and Amendment To Community Recreation Agreement County Lifeguard and Beach Cleaning Services At Hermosa Beach THIS AMENDMENT made and entered into this day of 1994. BY AND BETWEEN CITY OF HERMOSA BEACH, hereinafter referred to as the "CITY", AND COUNTY OF LOS ANGELES, hereinafter referred to as the "COUNTY". WHEREAS, the COUNTY and CITY entered into a Community Recreation Agreement on June 23, 1987; and WHEREAS, the Community Recreation Agreement was extended to June 30, 1993 and continued on a month-to-month basis while the CITY and COUNTY negotiated this amendment; and WHEREAS, CITY and COUNTY wish to further extend and amend this agreement. NOW, THEREFORE, the parties agree as follows: 1. Section 1.01 of the agreement shall be deleted in its entirety and replaced with the following: 1.01 The term of this agreement is extended for a period of one (1) .year, commencing July 1, 1993 and terminating on June 30, 1994. 2. Section 3.39 of the agreement shall be added as follows: 3.00 The CITY shall pay the COUNTY $30,000 to reimburse the COUNTY for the annual cost of cleaning the pubi.ic restrooms on the BEACH. The payment of $30,000 shall be made by the CIri to the COUNTY no late: than June 30, 1994. 3. Section 7.01 of the agreement shall be deleted in its entirety and replaced with the following: 3.09.01 in the e -,.rent that the CITY and COUNTY enter into a new agreement, to be effective July 1, 1994, or in the event that there are=urther extensions to this agreement, beyond Jure 30, 1994, the CIT-' _eserves the right to hire their own contractor to provide :-estroom cleanincr services and eliminate payments to the COUNT'--' £or restroom cleaning after July 1, 194. If the CITY elects to hire its own contractor, it agrees to give the COUNT`_' at least sixty (60) days notice of its contractor's start date, so that the COUNTY can notify its contractor tha-c its ser -.-ices will be terminated on that date. 7.01 The CITY authorizes the COUNTY to display marketing program sponsor or donor names, or their product names, on COUNTY tideboards, refuse containers, trucks, uniforms, rescue boats, sun shelters (at at least three locations to be determined by the CITY within ten (10) working days of the final execution of this amendment), volleyball nets, safety signs, benches, bike racks, event banners, and other lifeguard equipment. Name/product identification shall only be displayed on equipment that is in:-oived in providing a public service and shall not directly solicit the sale of any product. The COUNTY shall not permit name/product identification displays involving alcoholic beverage or tobacco related products. The COUNTY shall not display the name of any marketing program sponsor or donor, or of their products, on any beach under this agreement, in any fashion other than as is described in this paragraph, without prior approval from the city manager. Further, the CITY shall have the right to review and approve the design and content, as well as the construction, placement and location of all marketing program items. The CITY agrees not to unreasonably withhold its approval of marketing program items; and further agrees that, should the CITY deny placement of marketing items, or delay their placement, beyond April 1, 1994, so as to reduce revenue to the COUNTY, the CITY shall reimburse the COUNTY for lost revenue according to the following schedule: Anticipated CITY Payment to COUNTY Revenue - for Each Month, or Marketing April 1 to Portion of a Month, of Program June 30, 1994 Lost Revenue Sun Shelters $ 7,500 $2,500 Event Banners 2,500 833 Bike Racks 500 167 Benches 500 167 Volley Ball Nets 500 167 Safety Signs 2,000 667 $13,500 7.01.01 In the event that this agreement expires without a new agreement being reached between the CITY and COUNTY, prior to 3uli 1, I994, the CITY agrees to accept assianment of COUNTY marketing program sporsorshlp agreements for the duration of the terms of those sponsorship agreements beyond July 1, 1994. The COUNT' agrees tc pay to the uITY any revenues already received by the CCUNTY fcr that portion of any sponsorship contract year beyond the expiration of this agreement. The foreaoing notwithstanding, to the extent permissible under the terms and conditions of these S-ponsorship agreements, the COUNTY agrees to remove marketing iters requested for removal by the CIT'i, within sixty (60) days of tris agreement`s expiration. 4. In all other respects, the Community Recreation Agreement is ratified and extended. - 2 - IN WITNESS WHEREOF, The City of Hermosa Beach, by action of its City Council, has caused this amendment to be duly executed, and the County of Los Angeles, by order of its Board of Supervisors, has caused this amendment to be executed on its behalf by the Chairman of said Board and attested by the Clcrls thereof on the day and year above first written. CITY OF HERMOSA BEACH COUNTY OF LOS AINGELES By Mayor ATTEST: City Clerk By City Clerk APPROVED AS TO FORM: City Attorney By City Attorney DRS:cw 1 M04 By Chairman, Board of Supervisors ATTEST: LARRY J. MONTEILH Executive Officer -Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By, - 3 - Deputy CITY OF HERMOSA BEACH MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF HERMOSA BEACH CITY COUNCIL FROM: STEPHEN R. BURRELL, CITY MANAGER G SUBJECT: RESOLUTION ESTABLISHING THE TIME OF REGULAR CITY COUNCIL MEETINGS DATE: JANUARY 20, 1994 At its meeting of January 11, 1994, members of the City Council expressed a desire to change the time of the regular City Council meetings from 7:OOpm to 7:30pm. Attached you will find background information and a resolution to initiate this change if you so decide. Alternative Receive and file a March 17, 1993 Regular Council Meeting March 23, 1993 Mayor and Members of City Council RESOLUTION ESTABLISHING THE TIME OF REGULAR CITY COUNCIL MEETINGS Recommendation: Adopt the attached draft resolution establishing 7:00 p:m. as the time for the holding of regular City Council meetings, effective June 1, 1993, to allow ample time to publicize the change. Background: At its meeting of March 9, 1993, the City Council directed the preparation of an ordinance for Council consideration to change the _ time of regular City Council meetings from 7:30 p.m. to 7:00 p.m. A review of the current Code reveals that a resolution, not an ordinance, would be the appropriate document to effect this change. While Section 2-1 of the Municipal Code had previously specified the time and the days of the month that regular meetings were held (per attached Ordinance No. N.S. 492, adopted June 18, 1974), Ordinance No. 86-823 (also attached), adopted on February 11, 1986, amended Municipal Code Section 2-1 to read, in part, as follows: "The city council shall hold regular meetings at least once a . month at times fixed by resolution of the city council." A resolution (No. 86-4961) was adopted by the Council on July 26, 1986, which, in part, establishes the regular City Council meeting dates as the second and fourth Tuesdays.of each month, but makes no mention of meeting times. Extensive research of Council minutes and resolutions on and around the adoption dates of the above -noted ordinance and resolution has thus far not revealed a resolution establishing 7:30 p.m. as the regular meeting time, although that had been the time previously specified in the Code and to date has consistently been the time.of regular. meetings. Co ur: Frederick R. Ferrin, City Manager Elaine Do.erfling, City 4OAerk 1m i N 11 RESOLUTION NO. 93- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF 3 THE HERMOSA BEACH CITY COUNCIL 4 WHEREAS, Section 2-1 of the Hermosa Beach Municipal Code 5 authorizes the City Council to fix by resolution the time for 6 holding its regular meetings; and 7 WHEREAS, it is the desire of the City Council to change the 8 time of its regular meetings from 7:30 p.m. to 7:00 p.m. since the 9 public would be better served by starting the meetings earlier. 10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS: 11 Section'l. That pursuant to Section 2-1 of -the -Hermosa Beach 12 Municipal Code, the regular meetings of the Hermosa Beach City y Council shall be held at 7:00 p.m. 14 Section 2. That this resolution shall take effect June 1, 15 1993, to allow ample time to p publicize the change. 16 Section 3. That the City Clerk shall certify to the passage g 17 and adoption of this resolution; shall cause the same to be entered 1s among the original resolutions of said City; and shall make a 19 minute of the passage and adoption thereof in the records of the - 20 proceedings of the City Council of said City in the minutes of the 21 meeting in which the same is passed and adopted. 22 23 PASSED, APPROVED and ADOPTED this 23rd day of March, 1993. 24 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 25 ATTEST: APPROVED AS TO FORM: 26 27 City Clerk City Attorne 28 P,CEV/ o 6's . ORDINANCE NO. N. S. 492 AN ORDINANCE OF THE CITY OF HERMOSA 9EACH, CALIFORNIA, AMENDING CHAPTER 2, SECTION 2-1 OF THE CITY CODE RELATING TO THE TIME OF THE REGULAR MEETINGS OF THE CITY COUNCIL. WHEREAS, the Elections Code of the State of California now calls for all regular election dates to be established on the first Tuesday after the first Monday of the months of each year set aside for such elections; and WHEREAS, the regularly scheduled meetings of the City Council of the City of Hermosa Beach are currently established as the first and third Tuesday of each month; and WHEREAS, the City Council has determined that it would be in the best interest of the general public to eliminate any Possible conflict between a citizen's attendance at a regular meeting of the City Council and reaching the polling place before the closing of the polls, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the first sentence of Section 2-1, Chapter 2, Article 1 of the City Code shall be and the same is hereby amended to read as follows: "Section 2-1. Council meetings - when held; number of regular_ meetings. The City Council shall hold regular meetings on the second and fourth Tuesday in each month at the hour of 7:30 SECTION 2 This ordinance shall become effective thirty days after the date of its adoption. SECTION 3. Prior to the expiration of fifteen days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Hermosa Beach Review, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach. PASSED, APPROVED and ADOPTED this 18th day of June, 1974. P SIDENT ot the City Council, and ATTEST: MAYOR of the City of Hermosa Beach, California �' Z CITY CLERK APPROVED AS TO F6RM: I CITY ATTORNEY c E F 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE HERMOSA BEACH CITY COUNCIL WHEREAS, Section 2-1 of the Hermosa Beach Municipal Code authorizes the City Council to ftx by resolution the time for holding its regular meetings; and WHEREAS, it is the desire of the City Council to change the time of its regular meetings from 7:00 p.m. to 7:30 p.m. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. That pursuant to Section 2-1 of the Hermosa Beach Municipal Code, the regular meetings of the Hermosa Beach City Council shall be held at 7:30 p.m. Section 2. That this resolution shall take effect April 1, 1994, to allow ample time to publicize the change. Section 3. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the l' 2 minutes of the meeting in which the same is passed and adopted. 3 4 PASSED, APPROVED, AND ADOPTED this 25th day of January, 1994.. 5 6 7 8 9 10 ATTEST: 11 12 13 14 15 APPROVED AS TO FORM: 16 PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California , CITY CLERK 17 / /�C �(- !/ , CITY ATTORNEY 18 19 20 21 22 23 24 25 26 27 28 MEETINGS DAYS & TIMES FOR CITY OF HERMOSA BEACH BOARDS & COMMISSIONS CABLE TELEVISION ADVISORY BOARD 3rd Monday - 7:OOpm PLANNING COMMISSION 1st & 3rd Tuesday - 7:OOpm DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION 1st & 3rd Wednesday - 6:OOpm CIVIL SERVICE BOARD 3rd Wednesday - 5:OOpm PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION 3rd Thursday - 7:OOpm SUPPLEMENTAL INFORMATION February 3, 1994 City Council Meeting February 8, 1994 Mayor and Members of the City Council VACANCIES - BOARDS AND COMMISSIONS CABLE TELEVISION ADVISORY BOARD - ONE VACANT SEAT A vacancy has arisen on the Cable Television Advisory Board due to the recent resignation of Board Member Gerry Schweitzer (see attached letter). Unlike the City's other boards and commissions, which are regular and on-going, this is a temporary board with a single focus. The five members were appointed by Council on March 24, 1992 to review and evaluate proposals for the City's cable television franchise and to make recommendations to City Council on its findings. It is anticipated that the work of this board will be completed by the end of May, 1994, and that the Board will be disbanded at that time. While the normal procedure with other boards or commissions would be to fill the vacancy, due to the nature of this single -topic, temporary board and the fact that its work is nearly completed, Council may wish to consider the option of not appointing a replacement for Mr. Schwietzer. If Council does wish to appoint a new member to fill the vacancy, consideration should be given toward whether it makes sense to go through the normal process of advertising for applicants, which is time-consuming, or whether it would be appropriate to appoint from among the 13 other individuals who had submitted applications two years for this board but were not appointed, if any are still interested. The City Clerk's office would have to contact those applicants to ascertain their interest in being appointed at this time. If any are interested, appointment could be made at the next meeting. Recommendation: It is recommended that the City Council make a policy decision with regard to an unexpected vacancy on the Cable Television Advisory Board: 1) To not fill the vacancy and simply allow the board to complete its function with only the remaining four members; or 2) To fill the vacancy by: a) Appoint from the applications previously submitted to the City Clerk's office, or b) Direct the City Clerk to advertise the vacancy and invite applications. Zg:� Elaine Doerfling City lerk Noted: Stephen R. Burrell, City Manager January 19, 1994 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council January 25, 1994 REQUEST OF COUNCIL MEMBER BENZ CONCERNING CITY ATTORNEY SERVICES !I Recommendation Review the report prepared by Ralph Anderson & Associates for Manhattan Beach (copy available for review in the City Clerk's office) and determine whether or not the City Council is interested in having staff prepare a similar evaluation. Background Council member Benz requested that the Council consider having City Attorney services be provided by a direct staff person rather than the current approach of contracting with the law firm of Oliver, Barr & Vose. The City of Manhattan Beach recently had a study conducted (copy attached) to determine whether or not it would be more cost effective to bring their City Attorney services in-house. The conclusion of the report was that, given the findings in Manhattan Beach, consideration should be given to making a possible transition to providing general City Attorney services in-house. It is important to keep in mind that the City does have, and most likely will continue to have, a need for a number of specialized legal services. The current array of litigation matters require the services of attorneys that would be outside the expertise, most likely, of a staff City Attorney. If the City Council is interested in a similar review, it is suggested that the effort begin now and it be brought to a conclusion as part of the 1994-95 budget. Staff would proceed first by completing a review of all legal costs and develop a recommendation for City Council as to whether or not it would be desirable to retain a consulting firm to perform a study similar to the one Manhattan Beach received. Respectfully submitted, 411, Stephen R. B 11 City Manager SUPPLEMENTAL Q ,a INFORMATION v