HomeMy WebLinkAbout09/23/97). '' 97—/J7_5
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"Autumn k a season followed immediately by looking forward to spring." - Doug Larson
AGENDA
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, September 23, 1997 - Council Chambers, City Hall
Regular Session - 7:10 p.m.
Closed Session Immediately following Regular Session
MAYOR
J. R. Reviczky
MAYOR PRO TEM
Sam Y. Edgerton
COUNCIL MEMBERS
Robert Benz
John Bowler
Julie Oakes
CITY CLERK
Elaine Doerfling
CITY TREASURER
John M. Workman
CITY MANAGER
Stephen R. Burrell
CITY ATTORNEY
Michael Jenkins
All council meetings are open to the public. PLEASE ATTEND.
The Council receives a packet with detailed information and recommendations on nearly
every agenda item. Complete agenda packets are available for public inspection in the
Police Department, Fire Department, Public Library, the Office of the City Clerk, and the
Chamber of Commerce. During the meeting, a packet is also available in the Council
foyer.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS
PROCLAMATIONS:
CALIFORNIA RIDESHARE WEEK
OCTOBER 6 -10,1997
1
PRESENTATIONS:
PRESENTATION OF CHECK TO '1111, CITY
FROM 11:11, HERMOSA BEACH CHAMBER OF COMMERCE FOR
VENDOR FEES FROM THE LABOR DAY FIESTA DE LAS ARTES
PUBLIC PARTICIPATION: Although the City Council values your comments, the
Brown Act generally prohibits the Council from taking action on any matter not listed on
the posted agenda.
(a) ORAL COMMUNICATIONS
Members of the public wishing to address the City Council on any items within the
Council's jurisdiction may do so at this time. (Exception: Comments on public hearing
items must be heard during the public hearings.) Members of the public wishing to
request the removal of an item from the Consent Calendar may do so at this time. Please
limit comments to one minute. Citizens also may speak:
1) during discussion of items removed from the Consent Calendar;
2) during Public Hearings;
3) with the Mayor's consent, during discussion of items appearing under
Municipal Matters; and,
4) before the close of the meeting during "Citizen Comments".
Citizens with comments regarding City management or departmental operations are
requested to submit those comments to the City Manager.
(b) COUNCIL COMMENTS
(c) WRITTEN COMMUNICATIONS
NONE
1. CONSENT CALENDAR: The following more routine matters will be acted
upon by one vote to approve with the majority consent of the City Council.
There will be no separate discussion of these items unless a Council member
removes an item from the Consent Calendar. Items removed will be considered
under Agenda Item 3, with public comment permitted at that time.
(a) Recommendation to approve the minutes of the Regular meeting held on
September 9, 1997.
(b) Recommendation to ratify check register and to approve cancellation of
certain checks as recommended by the City Treasurer.
(c) Recommendation to receive and file Tentative Future Agenda Items.
(d) Recommendation to receive and file memorandum regarding August 1997
financial reports.
(e) Recommendation to deny the following claim and refer it to the City's
Liability Claims Administrator. Memorandum from City Manager Stephen
Burrell dated September 10, 1997.
Claimant: Phyllis Horner
Date of Loss: 5/25/97
Date Filed: 8/28/97
(1) Recommendation to approve transfer of franchise from Browning-Ferris
Industries of California, Inc. to BFI Waste Systems of North America, Inc.
(BFI Waste). Memorandum from City Manager Stephen Burrell dated
September 10, 1997.
(g)
(h)
(i)
2. CONSENT ORDINANCES
NONE
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR
SEPARATE DISCUSSION
Recommendation to approve purchase of pickup truck for Police
Department (Community Services). Memorandum from Police Chief
Val Straser dated September 10, 1997.
Recommendation to receive and file progress report on proiect at
259 - 31st Street. Memorandum from Community Development Director
Sol Blumenfeld dated September 16, 1997.
Recommendation to receive and file action minutes from the Planning
Commission meeting of September 16, 1997.
* Public comments on items removed from the Consent Calendar.
3
PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
4. FUNDING CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM. Memorandum from Police Chief Val Straser dated
September 10, 1997.
RECOMMENDATION: 1) Use state funding under the COPS Program for
local police and crime prevention programs; 2) Approve expenditure request list
and appropriate $46,211.87; and, 3) Retain the Supplemental Law Enforcement
Service Fund (SLESF) established through Finance last year.
MUNICIPAL MATTERS
5. SKATEBOARD SUBCOMMITTEE REPORT (BENZ/OAKES).
Memorandum from Community Resources Director Mary Rooney dated
September 16, 1997.
RECOMMENDATION: 1) Review recommendation to locate a skateboard
track on the northeast corner of South Park; and, 2) Approve a location and
direct staff to develop a feasibility plan for the project.
6. PARKING STRUCTURE DESIGN STATUS. Memorandum from Public
Works Department dated September 17, 1997.
RECOMMENDATION: 1) Receive presentation by parking structure design
team for alternative colored tiles for use in the pedestrian areas; 2) Review
strategies for the preparation of plans and specifications by Gordon Chong and
Partners for reconstruction of street and sidewalks at 13th Street, to include
sidewalks on north side of 13th Street (this work is not part of the current
contract); and, 3) Allocate $18,000 from CIP 96-624 fund for the design work of
the street right-of-way at 13th Street.
7. ENCROACHMENT STANDARDS FOR LOWER PIER AVENUE.
Memorandum from City Manager Stephen Burrell dated September 18, 1997.
RECOMMENDATION: Review the encroachment standards for Lower Pier
Avenue and provide direction to staff.
4
8. ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF
$400,000 PRINCIPLE AMOUNT OF LOWER PIER AVENUE
ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT
BONDS, SERIES 1997. Memorandum from Finance Director Viki Copeland
dated September 11, 1997.
RECOMMENDATION: 1) Adopt resolution; 2) Appropriate the $400,000 in
bond proceeds for costs of improvements in the assessment district; and, 3)
Approve a fee of $6,000 for the services of Project Finance Associates as
financial advisor.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. SOUTH BAY C1TIi S COUNCIL OF GOVERNMENTS'
POSITION PAPER Memorandum from City Manager Stephen Burrell
dated September 16, 1997.
RECOMMENDATION: That the City Council review and comment on
the South Bay Cities Council of Government's (SBCCOG) Position Paper
and direct the City's SBCCOG delegate to forward the City Council's
comments to the SBCCOG Board on or before October 23, 1997.
b. COASTAL COMMISSION WORKSHOP CONCERNING BEACH
ACTIVITIES: OCTOBER 6-10,1997. Memorandum from City
Manager Stephen Burrell dated September 10, 1997.
RECOMMENDATION: Review proposal and provide direction to staff
on a policy statement to be presented at the workshop.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
11. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
Recommended Action: 1) Vote by Council whether to discuss this item; 2)
refer to staff for a report back on a future agenda; or, 3) resolution of matter by
Council action tonight.
a. Request from Mayor Reviczky to direct staffto report back with a plan to
add sound reduction features to the Roller Hockey Rink at South Park.
5
b. Request from Mayor Pro Tern Edgerton to direct staff to return with a
program for a sunset concert series on the sand to be implemented in the
spring of 1998.
c. Request from Councilmember Benz to direct staff to develop a donation
policy for the City that prohibits naming facilities for living persons.
d. Request from Councilmember Benz to direct staff to develop a plan for
placing benches along the Strand.
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.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
1. Approval of minutes of Closed Session meeting held on September 9, 1997.
2. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations:
Hermosa Beach Police Officers Association
Hermosa Beach Firefighters' Association
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
ADJOURN TO CLOSED SESSION
RECONVENE TO OPEN SESSION
ORAL ANNOUNCEMENTS
ADJOURNMENT
6
ACTION SHEET
REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Tuesday, September 23, 1997 - 7:10 p.m.
Closed Session - Immediately following Regular Session
CALL TO ORDER: 7:16pm
PLEDGE OF ALLEGIANCE: Pete Tucker, Planning Commissioner
ROLL CALL: ALL PRESENT
ANNOUNCEMENTS:
...............
...............
Rao
erre
....................
PROCLAMATIONS:
CALIFORNIA RIDESHARE WEEK
OCTOBER 6 -10,1997
PRESENTATIONS:.
PRESENTATION OF CHECK TO 'TIL CITY
FROM THE HERMOSA BEACH CHAMBER OF COMMERCE FOR
VENDOR FEES FROM THE LABOR DAY FIESTA DE LAS ARTES
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Scott Franz: Requested item 1 i be removed from the Consent Calendar for further
discussion of item #3.
1
Tom Morley: Commented regarding Other Matters, item a. Suggested Council
consider the rules regarding construction noise when considering noise reduction steps
for roller hockey rink
(b) COUNCIL COMMENTS
NONE
(c) WRITTEN COMMUNICATIONS
NONE
1. CONSENT CALENDAR:
(a) Recommendation to approve the minutes of the Regular meeting held on
September 9, 1997.
(b) Recommendation to ratif check re ister and to a
rove cancellation of
certain checks as recommended by the City Treasurer.
(c) Recommendation to receive and file Tentative Future Agenda Items.
(d) Recommendation to receive and file memorandum regarding August 1997
financial reports.
(e) Recommendation to deny the following claim and refer it to the City's
Liability Claims Administrator. Memorandum from City Manager Stephen
Burrell dated September 10, 1997.
Claimant: Phyllis Horner
Date of Loss: 5/25/97
Date Filed: 8/28/97
(f) Recommendation to approve transfer of franchise from Browning-Ferris
Industries of California, Inc. to BFI Waste Systems of North America, Inc.
(BFI Waste). Memorandum from City Manager Stephen Burrell dated
September 10, 1997.
(g)
Recommendation to approve purchase of pickup truck for Police
Department (Community Services). Memorandum from Police Chief
Val Straser dated September 10, 1997.
2
(h) Recommendation to receive and file progress report on project at
259 - 31d Street. Memorandum from Community Development Director
Sol Blumenfeld dated September 16, 1997.
PULLED BY JB
E t3ItES'
(i) Recommendation to receive and file action minutes from the Planning
Commission meeting of September 16, 1997.
PULLED BY RB
JR/SE ABSTAINED DUE TO CONFLICT OF INTEREST.
Scott Frantz: Spoke in opposition to access off of 7th Street and read letter into record
Steve Ashley: Asked that Council consider item so that public has an opportunity to
comment on 7th Street access.
Sheryl Vargo; representing Anastasi andLearnedLumber: Asked that issue not be
returned to Planning Commission but come before City Council for decision.
• > tjamisI- OlowSOT-}t CT ON:
2. CONSENT ORDINANCES
NONE
3. ITEMS REMOVED FROM TilE CONSENT CALENDAR FOR
SEPARATE DISCUSSION
* Public comments on items removed from the Consent Calendar.
3
PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M.
4. FUNDING CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM. Memorandum from Police Chief Val Straser dated
September 10, 1997.
M.7.01RE .:11E1
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MUNICIPAL MATTERS
5. SKATEBOARD SUBCOMMITTEE REPORT (BENZ/OAKES).
Memorandum from Community Resources Director Mary Rooney dated
September 16, 1997.
..................................................................................................................................................
6. PARKING STRUCTURE DESIGN STATUS. Memorandum from Public
Works Department dated September 17, 1997.
S WALK TREET WORK ON 13T •.ST ,__A D,
JO/SE MOTION TO STUDY THE FEASIBILITY OF ADDING A STAIR TO THE SIDE OF
STRUCTURE IN THE MIDDLE. VOTE: 2-3 (JR/RB/JB—NO) MOTION FAILS.
4
7. ENCROACHMENT STANDARDS FOR LOWER PIER AVENUE.
Memorandum from City Manager Stephen Burrell dated September 18, 1997.
B ont TO tESIMI ENWA M: .011.E
ESSFO RESTAURANTS OTE � - :< SE -N ::>:><:<::>«:-:«<«<::;«::> :;>:
8. ADOPTION OF RESOLUTION PROVIDING FOR. IRE ISSUANCE OF
$400,000 PRINCIPLE AMOUNT OF LOWER PIER AVENUE
ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT
BONDS, SERIES 1997. Memorandum from Finance Director Viki Copeland
dated September 11, 1997.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. SOUTH BAY CITJLS COUNCIL OF GOVERNMENTS'
POSITION PAPER. Memorandum from City Manager Stephen Burrell
dated September 16, 1997.
V.V.1eQCy:.1)k ........
FA........C'..a?.fS�Pi.O:PAV
.................................................................................................................................................
b. COASTAL COMMISSION WORKSHOP CONCERNING BEACH
ACTIVITIES: OCTOBER 6-10,1997. Memorandum from City
Manager Stephen Burrell dated September 10, 1997.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
11. OTHER MATTERS - CITY COUNCIL
a. Request from Mayor Reviczky to direct staff to report back with a plan to
add sound reduction features to the Roller Hockey Rink at South Park.
JR SUGGESTED ADDING INSULATION TO HOLLOW BOARDS AND
RAISING FENCE HEIGHTS TO ADDRESS ISSUE OF ESCAPING HOCKEY
PUCKS.
MON/WI; hi :.tt tt.
b. Request from Mayor Pro Tern Edgerton to direct staff to return with a
program for a sunset concert series on the sand to be implemented in the
spring of 1998.
....................
....................
c. Request from Councilmember Benz to direct staff to develop a donation
policy for the City that prohibits naming facilities for living persons.
d. Request from Councilmember Benz to direct staff to develop a plan for
placing benches along the Strand.
CITIZEN COMMENTS
NONE
6
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
1. Approval of minutes of Closed Session meeting held on September 9, 1997.
2. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations:
Hermosa Beach Police Officers Association
Hermosa Beach Firefighters' Association
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
ADJOURN TO CLOSED SESSION: 11:10PM
RECONVENE TO OPEN SESSION: 11:50PM
ORAL ANNOUNCEMENTS: NONE
ADJOURNMENT: 11:50PM
7
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City
of Hermosa Beach, California, held on Tuesday, September 23,
1997, at the hour of 7:/9 P.M.
PLEDGE OF ALLEGIANCE -
ROLL CALL:
Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky
Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS:
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-1-1RO�TIONS :
CALIFORNIA RIDESHARE WEER
`‘ _c- 6 - 10, 1997
Mayor Reviczky read tleProcnation that urged Californians
to practice and support ridesharing and proclaimed October 6 -
10, 1997, as California Rideshare Week.
7/
N i / "
PRESENTATIONS:
PRESENTATION OF CHECK TO THE CITY
FROM THE HERMOSA BEACH CHAMBER OF COMMERCE FOR
VENDOR FEES FROM THE LABOR DAY FIESTA DE LAS ARTES
PUBLIC IPATION: Although t e City Council values your
comments, the Brown Act generally prohibits the Council from
taking action on any matter not listed on the posted agenda.
(a) ORAL COMMUNICATIONS
Members of the Public wishing to address the City Council on
any items within the Council's jurisdiction may do so at this
time. (Exception: Comments on public hearing items must be
heard during the public hearings.) . Members of the Public
wishing to request removal of an item from the consent
calendar may do so at this time. Please limit comments to one
minute. Citizens may also speak:
(1)
(2)
during discussion of items removed from the Consent
Calendar;
during Public Hearings;
City Council Minutes 09-23-97 Page 9527
(3)
(4)
with the Mayor's consent, during discussion of items
appearing under Municipal Matters; and,
before the close of the meeting during "Citizen
Comments".
Citizens with comments regarding City management or
departmental operations are requested to submit those comments
to the City Manager.
Coming
forward to addres the Council at this time were:
Wzs t- ( g-7(4',))
At 7: P.M. the order of the agenda was suspended to go to
the public hearings starting with item 4.
(b) COUNCIL COMMENTS:
(c) WRITTEN COMMUNICATION - None
1. CONSENT CALENDAR: The following more routine matters
will be acted upon by one vote to approve with the majority
consent, roll call, vote of the Council. There will be no
separate discussion of these items unless a Councilmember
removes an item from the consent calendar.
Items removed will be considered under Agenda Item 3, with
public comments permitted at that time.
Action: To approve the consent calendar recommendations
(a) through (i), with the exception of the following
items which were removed for discussion in item 3, but
are shown in order for clarity: (a)
Motion , second The motion carried by a
unanimous vote.
City Council Minutes 09-23-97 Page 9528
No one came forward to address the Council on items not
removed from the consent calendar.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Minutes of the Regular Meeting held on September 9,
1997, 1997.
Action: To approve the minutes of the Regular Meeting of
September 23, 1997 as presented
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11431
THROUGH 11578 AND TO APPROVE CANCELLATION OF CHECK NOS.
11232, 11469 AND 11486 AS RECOMMENDED BY THE CITY
TREASURER.
Action: To ratify the check register as presented.
• (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE
AGENDA ITEMS.
Action: To receive and file the tentative future agenda
items as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING
AUGUST 1997, FINANCIAL REPORTS.
Action: To receive and file the memorandum regarding the
August 1997, financial reports as presented.
(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO
THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from
City Manager Stephen Burrell dated September 10, 1997.
Action: To approve the staff recommendation to deny the
following claim and refer to the City's Liability Claims
Administrator:
City Council Minutes 09-23-97 Page 9529
•
1) Claimant:
Date of Loss:
Date Filed .
Allegation .
Horner, Phyllis
05/25/97
08/28/97
Claimant seeks reimbursement for
expenses allegedly arising from an
auto accident involving a City
employee.
(f) RECOMMENDATION TO APPROVE TRANSFER OF FRANCHISE FROM
BROWNING -FERRIS INDUSTRIES OF CALIFORNIA, INC. TO BFI
WASTE SYSTEMS OF NORTH AMERICA, INC. (BFI WASTE).
Memorandum from City Manager Stephen Burrell dated
September 10, 1997.
This item was removed from the consent calendar by
Councilmember for separate discussion later in the
meeting.
City Manager Burrell presented the staff report and
responded to Council questions.
Action: To approve the staff recommendation to approve
the transfer of the agreement as requested to BFI Waste
Systems of North America, Inc. and direct the City
Manager to execute the transfer consent letter.
Motion second . The motion carried by a
unanimous vote.
(g) RECOMMENDATION TO APPROVE PURCHASE OF PICKUP TRUCK FOR
POLICE DEPARTMENT (COMMUNITY SERVICES). Memorandum from
Police Chief Val Straser dated September 10, 1997.
Action: To approve the staff recommendation to :
1) reject the bid from South Bay Ford as it did not
include the equipment specified; and,
2) award the bid to Manhattan Ford of Manhattan Beach
for the purchase of a 1998 Ford Ranger pick-up for a
total cost of $21,675.98.
City Council Minutes 09-23-97 Page 9530
(h) RECOMMENDATION TO RECEIVE AND FILE PROGRESS REPORT ON
PROJECT AT 259 - 31ST STREET. Memorandum from Community
Development Director Sol Blumenfeld dated September 16,
)
1997.
Action: To approve the staff recommendation to receive
and file the report.
(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM
THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 1997.
?-71_0----A 6, - 764 ,j,
25-47-41
Action: To approve the staff recommend '•. to receive
and file the action minutes for the a -..ing C• ission
meeting of September 16, 1997.
dC >J
•
2. CONSENT ORDINANCES - None
riA.7A-6v( -#Ke 7,-(/f721
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
Items 1( ), ( ), ( ), and ( ) were heard at this time but
are shown in order for clarity.
Public comments on items removed from the consent
calendar are shown under the appropriate item.
PUBLIC HEARINGS
4. FUNDING CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM. Memorandum from Police Chief Val Straser dated
September 10,'1997.
presented the staff report and
responded to Council questions.
City Council Minutes 09-23-97 .Page 9531
(j) 4- --C/ Aa- ) .Y,- 7 103
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Public participation opened at // :y / P.M.
If
Public participation closed at 7:7U P.M.
Action: To approve the staff recommendation to:
1) use State funding of $43,470 per year under the
Citizen's Option for Public Safety (COPS) Program
for local police and crime prevention programs that
supplement existing front-line municipal police
services which include anti -gang and community
prevention programs;
2) approve expenditure request list from the Chief of
Police in the amount of $46,211.87 and appropriate
$14,801.00 ($31,936 was already appropriated in the
a997-98 budget); and,
3) retain the supplemental law enforcement service fund
(SIAESF) established through Finance last year.
Motion 5 i.3, second. -i- . The motion carried, noting the
dissenting vote of
MUNICIPAL MATTERS
5.
.6(-#1
/OD
SKATEBOARD SUBCOMMITTEE REPORT (BENZ/OAKES). Memorandum
from Community Resources Director Mary Rooney dated
September 16, 1997. Supplemental petition in opposition
from Brian Mitchell. �71�-
a
Community Resources Director Rooney lar-esent-ed-the
(*/,7/0 responded to Council questions.
�o a//�-Public participation opened
address the Council on this item were:
4
/4(1Hi--) / )4W
2P-eli;
2
IIFti participation closed
at : P.M.
staff
Coming forward to
J/r )7 0/
at y:
City Council Minutes 09-23-97
Page 9532
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ECOMMENDATION: 1) Review recommendation to locate a
skateboard track on the northeast corner of South Park;
and, 2) Approve a location and direct staff to develop a
feasibility plan for the project.
Action: To
Motion , second . The motion carried, noting the
G I dissenting vote of
04 z
6.
PARKING STRUCTURE DESIGN STATUS. Memorandum
Works Department dated September 17, 1997.
•
presented the staff report and
Council questions.
Public
addre
from
Public
responded to
participation opened at -?:�/ P.M. Coming forward to
the Council on this item wer
(71- 274, -- /t "IY1
r A
,Avam
is tsar
ticipa on closed
)
RECOMMENDATION: 1) Receive presentation by parkin
structure design team for alternative colored tiles fo
2- use in the pedestrian areas; 2) Review strategies for the
preparation of plans and specifications by Gordon Chong
and Partners for reconstruction of street and sidewalks
at 13th Street, to include sidewalks on north side of
13th Street (this work is not part of the current
contract); and, 3) Allocate $18,000 from CIP 96-624 fund
for the design work of the street right-of-way at 13th
Street.
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n) CIY.
/02
Council Minute 09-23-97 Page 9533
YL7
Action: To
•
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6, Motion, second • The motion carried, noting the
dissenting vote of
(91 -1L -e- — V14/
"))7q/„._ v
CROACHMENT STANDARDS FOR LOWER PIER AVENUE. Memorandum Q'a-/,;
from City Manager Stephen Burrell dated September 18,
1997. Supplemental letter from Jim and Linda Watts, 2126
The Strand, in opposition to allowing retail sales on the
downtown plaza, received September 23, 1997.
City Manager Burrell presented the staff report and
responded to Council questions.
Public participation opened at : P.M. Coming forward to
address the Council on this item were:
, bq t l° *----1 62--) ' - - - - a ' / ' •--- ---.7 '---e--°----)
ice'. ) 2 - - Z - 1 _ _ , , I- - e Z - - - ) / ( '
_
• 09
blic par icipation closed at P.M.5_J i ‘LPj C^
07, /
RECOMMENDATION: Review the encroachment standards for
gb.-: 0 -i-----� Lower Pier Avenue and provide direction to staff.
"VV/ -;'4
J v �. Action: `y , / ,--,,Th/' dy
g7 Motion /rsecond . The motion carried, noting the
Q_7dissenting vote of °G n )
8. ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF
$400,000 PRINCIPLE AMOUNT OF LOWER PIER AVENUE ASSESSMENT
DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES
1997. Memorandum from Finance Director Viki Copeland
dated September 11, 1997.
,//ice presented the staff report and responded to Council
questions.
410 Public participation opened at . P.M. Coming forward to
laddr ss the Council on this item ‘7e:47;2_,3,.,i_ gam_ %2 -7t
g,1 ---c/-, I/
`¢� City Council inutes X09-23-97 Page 9534
•
Public participation closed at P.M.
Action: To approve the staff recommendation to:
1) Adopt Resolution No. 97-5882, entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH PROVIDING FOR THE ISSUANCE OF $400,000
PRINCIPAL AMOUNT OF LOWER PIER AVENUE ASSESSMENT
DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS,
SERIES 1997.";
2) Appropriate the $400,000 in bond proceeds for costs
of improvements in the assessment district; and,
3) Approve a fee of $6,000 for the services of Project
Finance Associates as financial advisor.
Motio , second c &_.
AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky
NOES: None
9. MISCELLANEOUS ITEMS.AND REPORTS - CITY MANAGER
a. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS' POSITION
PAPER. Memorandum from City Manager Stephen Burrell
dated September 16, 1997.
City Manager Burrell presented the staff report and
responded to Council questions.
RECOMMENDATION: That the City Council review and
comment on the South Bay Cities Council of
Government's (SBCCOG) Position Paper and direct the
City's SBCCOG delegate to forward the City Council's
comments to the SBCCOG Board on or before October
23, 1997.
City Council Minutes 09-23-97 Page 9535
•
•
/ v1
Motion , second . The motion carried, noting the
dissenting vote of
b. COASTAL COMMISSION WORKSHOP CONCERNING BEACH
ACTIVITIES: OCTOBER 6-10, 1997. Memorandum from
City Manager Stephen Burrell dated September 10,
1997.
City Manager Burrell presented the staff report and
responded to Council questions.
RECOMMENDATION: Review proposal and provide
direction to staff on a policy statement to be
presented at the workshop.
c9
Action: To
Motion , second . The motion carried, noting the
dissenting vote of
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
NONE
11. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda
items:
Recommended Action: 1) Vote by Council whether to
discuss this item; 2) refer to staff for a report back
on a future agenda; or, 3) resolution of matter by
Council action tonight.
a. Request from Mayor Reviczky to direct staff to
report back with a plan to add sound reduction
features to the Roller Hockey Rink at South Park.
City Council Minutes 09-23-97 Page 9536
Mayor Reviczky spoke to his request.
Action: To
Motio,4 , second The motion carried, noting the
dissenting vote of
b. Request from Mayor Pro Tem Edgerton to direct staff
to return with a program for a sunset concert series
on the sand to be implemented in the spring of 1998.
Councilmember Edgerton spoke to his request. ./1"" J
.4v.)
/ / ° -----6 7 c o) ) lid' ,---,---L-r /)
' -- Action: To
•
Motion , second
dissenting vote of
The motion carried, noting the
c. Request from Councilmember Benz to direct staff to
develop a donation policy for the City that
prohibits naming facilities for living persons.
Councilmember Benz spoke to his request.
Action: To ,;/
Motioil, second
dissen ing vote of
The motion carried, noting the
d. Request from Councilmember Benz to direct staff to
develop a plan for placing benches along the Strand.
Councilmember Benz spoke to his request.
-3(Dc/J-v/
City Council Minutes 09-23-97 Page 9537
•
Action: To
Motion" secondol-- . The motion carried, noting the
dissenting vote of
CITIZEN COMMENTS
Citizens wishing to address the Council on items within the
Council's jurisdiction may do so at this time. Please limit
comments to three minutes.
Coming forward to address the Council at this time were:
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government
Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations:
1. Hermosa Beach Police Officers Association
2. Hermosa Beach Firefighters' Association
3. Teamsters Union, Local 911
4. Professional and Administrative Employee Group
5. Hermosa Beach Management Association
ADJOURNMENT - The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, September 23,
1997, at the hour of P.M. to a Closed Session.
CLOSED SESSION - The Closed Session convened at the hour of
.•
P.M. At the hour of A.M. the Closed Session
adjourned to the Regular Meeting.
• ORAL ANNOUNCEMENTS - There were no decisions made requiring a
public announcement.
City Council Minutes 09-23-97 Page 9538
ADJOURNMENT - The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, September 23, 1997
at the hour of P.M. to the Adjourned Regular Meeting of
Thursday, October 16, 1997 at the hour of 7:10 P.M.
Deputy City Clerk
City Council Minutes 09-23-97 Page 9539
10/08,97 • 16:52 NO. .3,54 1702
' ERMOSA BEACR CITY COUNCIL POLICY STATEMENT FOR
. TEMPORARY BEACH EVENTS
Summary: The City Council of Hermosa Beach encourages the Coastal Commission to
exempt all temporary beach events from Coastal Commission permitting. This request is
made in consideration of the following:
i
1. The City of Hermosa Beach bas developed sound polities and contractual agreements with event
operators throughout the years to ensure that temporary beach events are: (a) safe, (b) consider other
beach uses, (c) mitigate traffic and parking conceals, and (d) are always open to the public.
2. These recreational events have operated safely and compatibly with other beach events for dudes.
3. They occupy only a small portion of the beach (e.g., the AVP event occupied 2 acres of 1.5 -mile
long beach) and do not impede access to the ocean, beach or bikeways. • •
4. Applications for beach events are subject to both Parks and Recreation Commission and City Council
review each year, enabling the public to have significant public input with regards to mitigation issues
and policy decisions prior to City approvals (at a location that is convenient to the public and near the
proposed event venue).
5. City staff and Police have an advantage over the Coastal Commissign staffin recommending what
mitigation measures are appropriate for an event due to their familiarity with the site and its unique
operational issues. To date, Coastal staff mitigation measures have been largely based on individual
citizen complaints, which may or may not have reflected accurately on the key safety and access
issues.
6. Coastal Permit requirements have proven to be duplicitous and confusing for event operators and City
staff. Enforcement of two permits from two agencies for a single recreational event is uncoordinated
and the use of staff' time to administer these dual permits seems to be a wasteful allocation of public
resources.
7. Coastal cities struggle to sleet the escalating costs of maintaining and policing beach areas (over
$600,000 annually in Hermosa Beach). The City of Hermosa Beach lost an estimated $16,000 in
general fund revenue due to the Coastal Commission's 1997 decision with regards to the AVP. These
revenues support beach recreational programs including (a) youth surf camps, (b) beach volleyball
classes, (c) beach camps, and (d) other recreational programs, all open to the general public.
S. The City is concerned that the Coastal Commission's contention that these events can result in overuse
of the beach is in direct conflict with the Commission's recent action to prohibit paid admission for the
AVP event. If the Commission had approved 100a/a paid seating. AVP event impacts would have
lessened significantly with reduced spectator crowds, more orderly parking. and reduced traffic
impacts.
9_ Commercial sponsorship of recreational events at the beach is a reality. Absent commercial
sponsorship, most events (and youth programs) would not be possible. Recogniang that reality, the
City has worked throughout the years to determine what level of advertising is permissible= the
beach, limiting the advertising space to the event venue (a very small percentage of the beach area) and
event time frames (e.g. lye days far the AVP).
10, Temporary beach events are designed to celebrate recreational ruses of our beaches. Each year,
thousands of attendees and those wbo watch these events on television are inspired to mut swim and
play volleyball an our public beaches. As such, the Coastal Coraroission and the City should embrace
them as important components in fulfilling access objectives.
10/08/97
16:51
VP -it 110
ab}Y
September 24, 1997
NO. 333 1701
I'Cid o ermosa Teach.)
�r
Civic Center. 1315 Valley Drive, Hermosa Beach. California 90254-3885
Rusty Areias, Chairperson
California Coastal Commission
245 West Broadway , Suite 380
Long Beach, California 90802-4416
Coastal Commission staff note:
Please include this Ietter and policy statement in the agenda packets distributed to
Coastal Commissioners for the workshop meeting addressintb eaclii events.
Dear Mr. Areias:
On behalf of the Hermosa Beach City Council, I would like to submit the attached Policy
Statement regarding the Coastal Commission's role in regulating temporary beach events.
In short, the City would like to encourage the Commission to consider exempting all
temporary beach events from Coastal Commission permit requirements. We submit this
recommendation in light ofthe attached ten (10) items and in the best interests of
• recreational and public access to our California beaches.
We look forward to attending your workshop and request that this letter and the attached
policy be included in the agenda packets for that meeting. Thank you in advance for your
consideration. We look forward to working with you in the spirit of the Coastal
Commission mission to ensure that beach visitors can enjoy these important recreational
events for years to come.
Sincerely,
]. R. Reviczky, Ma s r
City of Hermosa Beach
cc: Sam Edgerton, Council Member
Robert Benz, Council Member
John Bowler, Council Member
Julie Oakes, Council Member
Sherilyn Sorb, Temporary Events Coordinator
Steve Burrell, City Manager
Encl.
11,
September 4, 1997
Steve, Burrell
City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Dear Steve,.
"The World's gest"
RECEIVED
SEP 1 1 1997
CITY MGR. OFFICE
Jerry Solomon
Chief Executive Officer
• Direct Dial (617) 224-1744
On behalf of the Board of Directors and the membership of the
Association of Volleyball Professionals, I am happy to enclose a trophy
representing the fact that the Miller Lite Hermosa Beach Grand Slam •
(otherwise known as Hermosa ,Beach I) hasbeen chosen by the AVP players as
the 1997 Tournament of the Year on the Miller Lite/AVP Tour.
Congratulations.
In my opinion, this award is indicative of the close relationship that
has developed over the years between the City of Hermosa Beach and the `
AVP: Never was this more apparent than this year when you literally .bailed
us out of a _difficult situation to enable our Tour to continue uninterrupted ,
despite the legal and political problems that we faced. The AVP will long
remember your support and I think it is only fitting that the event that came
as a result of your help has won this prestigious award.
..Steve, please share this award and our congratulations with the City
Council members. -It is our hope that you will proudly display the trophy irr
City Hall so that your constituents can see that your good work is being
noticed and rewarded by the AVP.
Thanks again for your help and support of the AVP Tour. We look
forward to many great events in Hermosa' Beach in the :coming years,
cc: AVP Board of Directors
Best regards,
West Coast Office, 330 Washington Boulevard Suite 600 Marina del Rey, CA 90292 Tel (310) 577-0775 Fax (310) 577-0777
•
East Coast OtWe 401 Edgewater Place Suite 510 Wakefield,, MA 01880 Tel (617) 224-9644 Fax (617) 224-9570
Hermosa Beach Chamber of Commerce
Memorandum
Date: September 8, 1997
To: Board of Directors
From: Carol Duff, Executive Director
Hermosa Beach Chamber of Commerce
Subject: Contribution to City of Hermosa Beach
Business License In -Lieu Fees For Vendors
As per agreement between the City and the Chamber relative to payment of
business license in -lieu fees for itinerant vendors participating in the Fiesta
de las Artes, this report accompanies our check in the amount of $7,850.00
payable to the City of Hermosa Beach.
Arts and Crafts Area: 300 Spaces Used by 281 Vendors @ $25 = $7,025.00
39 Spaces Used by 34 Merchants
10 Spaces Used by 8 Licensed Vendors
6 Spaces Used by 6 H.B. Non -Profits
355 Spaces 281 Vendors-Arts/Crafts
Food Court Area: 20 Spaces Used by 20 Vendors @ $25 = $500.00
3 Spaces Used by 3 H.B. Non -Profits
3 Spaces Used by 3 Licensed Vendors
26 Spaces 20 Vendors -Food Court
Children's Area: 13 Spaces Used by 13 Vendors @ $25 = $325.00
13 Spaces 13 Vendors- Kid's
Total Fiesta Spaces: 406
Total Applicable Vendors: 314 Vendors @ $25 = $7,850.00
Virginia C. Shaal
263 Valley Drive
Hermosa Beach, CA 90254
310/798-2335
September 22, 1997
SENT BY FAX SEPTEMBER 22, 1997
City Council of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Attn: J. R Reviczky, Mayor
Re: Proposed Skate Board Plan at South Park (located on Valley Drive in South Hermosa)
and September 23, 1997, Council Meeting
Dear Mayor Reviczky:
We wish to make known our opposition to the Proposed Skate Board Plan at South Park in
Hermosa Beach. We also support the views which will be expressed verbally by Mike and Teresa
Gilmore of 269 Valley Drive, and by Henry J. Toso of 265 Valley Drive at the Council Meeting
on September 23, 1997.
We regret we cannot attend the Council Meeting on September 23, 1997.
Thank you.
, c .
VirginieC. Shaal
Robert K. Shaal
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City
of Hermosa Beach, California, held on Tuesday, September 9,
1997, at the hour of 7:19 P.M.
PLEDGE OF ALLEGIANCE - James Dewey, resident
ROLL CALL:
Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky
Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced:
1) The Beach Cities Surf Club will be sponsoring "Aloha Day"
on Saturday, September 20, 1997, starting with long board surf
competition at 10:00 A.M. and continuing with Polynesian/
Hawaiian food, entertainment and vendors throughout the day
until 8:30 P.M. and urged everyone to come to this free event
at the Pier head; and,
2) The Redondo Beach Dragon Boat Festival on Saturday,
September 27, 1997, and said that the Redondo Beach Council
had challenged Hermosa Beach Council to a Dragon Boat race and
asked if the Council wished to accept the challenge. The
Council agreed to the race to be held at 11:00 A.M. in the
Redondo Marina.
Councilmember Benz said that he and Councilmember Edgerton
would bring their preliminary plans for a "Last Night"
Celebration before the Council at the next meeting of
September 23, 1997.
PRESENTATIONS:
PRESENTATION OF PLAQUES TO
DOWNTOWN ENHANCEMENT COMMISSIONERS
Mayor Reviczky presented plaques of Appreciation to James
Dewey, Jerry Newton, Dean Nota, Patricia Spiritus and Dallas
Yost for their work on the Downtown Business Area Enhancement
District Commission; thanked them for an excellent job in the
revitalization of the downtown area; and, praised their
volunteer contribution to the City.
Coming forward individually, each Commissioner thanked the
Council, City staff, residents of Hermosa and the business
owners downtown for assistance, encouragement and the
opportunity to serve the community. And, they urged the
Council to now concentrate efforts on revitalization of other
areas of the City.
PROCLAMATIONS:
COASTAL CLEAN-UP DAY
September 20, 1997
Mayor Reviczky read the proclamation and proclaimed September
20th, 1997, as Coastal Clean -Up Day.
City Council Minutes 09-09-97 Page 9516
a
CHILD INJURY AND VIOLENCE PREVENTION WEEK
October 19 - 25, 1997
Mayor Reviczky read the proclamation and proclaimed October
19th through the 25th, 1997, as Child Injury and Violence
Prevention Week.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were:
Shirley Cassell - Hermosa Beach, spoke of the loss
of parking spaces in the downtown area,
claiming that 244 spaces have been lost during
the revitalization program; asked that she be
allowed to speak on consent calendar item 1(b);
and read a letter to the Council chiding the
ABC sub -committee for its language and conduct;
Charlotte Malone - 260 -31st Street, spoke regarding
parking for library patrons during City events
when the City Hall/Library parking lot is used
asa staging area or by event participants;
said that many library patrons could only come
to the library on Saturday and needed an area
reserved for their use only; read the Council's
directive to staff for reserved spaces for
library patrons from the August 12, 1997,
minutes and asked why it had not been followed;
(City Manager Stephen Burrell responded that
there had not been time to devise a way to sign
the lot for library patrons only.); and,
Ron Schneider - Librarian, said that he has received
many complaints from library patrons regarding
the lack of available parking.
(b) COUNCIL COMMENTS:
Councilmember Edgerton questioned:
1) the possibility of creating cab stands to alleviate the
congestion of cruising cabs; (City Manager Burrell
responded that this will be included in an item on
traffic control on the meeting of Thursday, October 16,
1997.) ;
2) allowing retail merchants to display wares outdoors as
the restaurants were now allowed to do.
Action: To place the issue of retail encroachment
permits and guidelines for use on the agenda of the
Tuesday, September 23, 1997, meeting.
Motion Benz, second Oakes. The motion carried by a
unanimous vote.
City Council Minutes 09-09-97 Page 9517
3) the health of the new palm trees in the downtowns area.
(City Manager Burrell responded that the drip irrigation
system is not able to compensate for the extreme heat
this summer and that additional watering is needed.)
(c) WRITTEN COMMUNICATION:
1. Letter from residents of 31st Street regarding
property located at 259 - 31st Street.
Coming forward to address the Council on this item was:
Charlotte Malone 260 -31st Street, said that she
lived directly opposite the property and that
it has been an eyesore, with no attempt to
clear the debris for many months; asked the
City to take steps to eliminate this
neighborhood problem.
Community Development Director Sol Blumenfeld gave a
timeline of the events regarding the property, said the
owners had started demolition without permits and then
had just done nothing, said that a permit has been
approved and the owners just need to pick it up.
Action: To direct Mr. Blumenfeld to return with a
progress report on this property for the meeting of
Tuesday, September 23, 1997.
Motion Mayor Reviczky, second Bowler. The motion carried
by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations
(a) through (j), with the exception of the following
items which were removed for discussion in item 3, but
are shown in order for clarity: (b) Bowler (for Shirley
Cassell) , (f) Benz (for comment only) , (g) Benz, and (h)
Oakes.
Motion Oakes, second Edgerton. The motion carried by a
unanimous vote.
No one came forward to address the Council on items not
removed from the consent calendar.
At the hour of 7:51 P.M. the order of the agenda was suspended
to go to the public hearing item 4.
(a) RECOMMENDATION TO
1) Minutes of the
2) Minutes of the
12, 1997;
3) Minutes of the
and,
4) Minutes of the
13, 1997.
APPROVE THE FOLLOWING MINUTES:
Special meeting held on August
Adiourned Regular meeting held
Regular Meeting held on August
Adiourned Regular meeting held
City Council Minutes
09-09-97
7, 1997;
on August
12, 1997:
on August
Page 9518
Action: To approve the minutes of the Special meeting
held on August 7, 1997; the minutes of the Adjourned
Regular meeting held on August 12, 1997; the minutes of
the Regular Meeting held on August 12, 1997; and, the
minutes of the Adjourned Regular meeting held on August
13, 1997, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11140
THROUGH 11430, NOTING VOIDED CHECK NOS. 11231, 11289 AND
13111, AND TO APPROVE CANCELLATION OF CHECK NO. 11159 AS
RECOMMENDED BY THE CITY TREASURER.
This item was removed from the consent -calendar by
Councilmember Bowler, at the request of Shirley Cassell,
for separate discussion later in the meeting.
Coming forward to address the Council on this item was:
Shirley Cassell - Hermosa Beach, questioned why the
City was using Manhattan Car Wash rather than
Hermosa Car Wash to clean its vehicles; said
she thought the City should patronize its own
businesses.
City Manager Burrell said that the City contracted over a
period of time for work and that the Hermosa Beach Car
Wash had been closed for remodeling but that the City
would renew its contract with Hermosa Car Wash.
Action: To ratify the check register as presented.
Motion Bowler, second Oakes. The motion carried by a
unanimous vote.
(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 JULY 1997,
FINANCIAL REPORTS:
(1) Revenue and expenditure report;
(2) City Treasurer's report; and,
(3) Investment report.
Action: To receive and file the July, 1997, Financial
Reports as presented.
(e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE
APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL
RECYCLING BLOCK GRANT PROGRAM. Memorandum from Public
Works Director Amy Amirani dated August 4, 1997.
City Council Minutes 09-09-97 Page 9519
Action: To approve the staff recommendation to 'adopt
Resolution No. 97-5881, entitled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING THE APPLICATION FOR• BLOCK GRANT FUNDS FROM THE
STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
USED OIL RECYCLING BLOCK GRANT PROGRAM."
(f) RECOMMENDATION TO APPROVE EQUIPMENT PURCHASES FOR THE NEW
FIRE ENGINE IN THE AMOUNT OF $26,392.02. Memorandum from
Fire Chief Pete Bonano dated July 29, 1997.
Councilmember Benz commended the Fire Department for
writing its bid in a manner that allowed the bid to be
split among the bidders to enable the City to accept the
lowest bid per item.
Action: To approve the staff recommendation to approve
equipment purchases for the new fire engine, consisting
of axes, fire hose and nozzles, small tools, etc., from
the following bidders:
1) Wildfire Halprin -- $1,795.71;
2) All Star Fire Equipment -- $10,148.80; and,
3) LN Curtis -- $14,447.51,
for a total amount of 26,392.02.
(g) RECOMMENDATION TO CONTINUE TO RETAIN JOHN L. HUNTER AND
ASSOCIATES TO PERFORM TASKS AND ADMINISTER THE CITY'S
MUNICIPAL STORM_ WATER AND URBAN RUNOFF DISCHARGE PROGRAMS
AND AUTHORIZE EXPENDITURES OF $30,240 FROM APPROPRIATED
$75,000 SEWER FUND FOR NPDES PROGRAM. Memorandum from
Public Works Director Amy Amirani dated August 25, 1997.
This item was removed from the consent calendar by
Councilmember Benz for separate discussion later in the
meeting.
City Manager Burrell presented the staff report and
responded to Council questions saying that many, if not
all, of the reports listed in the staff item were
mandated, not optional.
Proposed Action: To not allocate the money nor approve
the contract.
Motion Edgerton, second Benz. The motion was withdrawn
by the maker and the second.
Action: To continue this item to the meeting of
Thursday, October 16, 1995, in order to have Mr. Hunter
attend the meeting to explain his expertise and methods
of meeting mandated compliance, plus discussion of
innovative programs to accomplish a decrease in local
ocean and beach contamination.
Motion Oakes, second Benz. The motion carried, noting
the dissenting votes of Bowler and Mayor Reviczky.
City Council Minutes 09-09-97 Page 9520
Proposed Action: To allocate $30,000 from, the
appropriated $75,000 sewer fund to initiate storm water
diversion or restaurant grease trap programs.
Motion Benz, second Edgerton., The motion failed due to
the dissenting votes of Bowler, Oakes and Mayor Reviczky.
(h) RECOMMENDATION TO APPROVE REQUEST FROM ROLLER HOCKEY
PROGRAM LEADER TO ADD A GATORADE VENDING MACHINE (WITH A
40% COMMISSION TO THE CITY) TO SOUTH PARK AND AUTHORIZE
THE CITY MANAGER TO EXECUTE A ONE (1) YEAR CONTRACT.
Memorandum from Community Resources Director Mary Rooney
dated August 28, 1997.
This item was removed from the consent calendar by
Councilmember Oakes for separate discussion later in the
meeting.
Community Resources Director Rooney responded to Council
questions.
Action: To approve the staff recommendation to .
1. Approve the request from the Roller Hockey Program
Leaderto. add a Gatorade Vending Machine (with a 40%
commission to the City) to South Park; and
2. Authorize the City Manager to sign the attached one (1)
year contract.
With the direction to staff to monitor the maintenance of
the vending machine and add more trash receptacles to the
area. Also, staff was directed to post hours of free
skating at the rink.
Motion Oakes, second Edgerton. The motion carried by a
unanimous vote.
(i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES
FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES
ADVISORY COMMISSION MEETING HELD ON AUGUST 20, 1997.
Action: To approve the staff recommendation to receive
and file the action minutes of the Parks, Recreation and
Community Resources Advisory Commission.
(j) RECOMMENDATION TO REAPPROPRIATE FUNDS TO BOTH THE 1996-97
AND 1997-98 BUDGET. Memorandum from Finance Director
Viki Copeland dated August 26, 1997.
Action: To approve the staff recommendation to
reappropriate the amounts listed in the staff report, for
items budgeted but not completed by June 30, 1997, to
both the 1996-97 and the 1997-98 budget.
2. CONSENT ORDINANCES —None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE
DISCUSSION
City Council Minutes 09-09-97 Page 9521
Items 1(b) , (f for comment only) , (g) , and (h) were' heard
at this time but are shown in order for clarity.
Public -comments on items removed from the consent
calendar are shown under the appropriate item.
The meeting recessed at the hour of 8:35 P.M.
The meeting reconvened at the hour of 9:03 P.M. and continued
with item 5.
PUBLIC HEARINGS
4. TEXT AMENDMENT TO CHANGE ZONING VIOLATIONS FROM
MISDEMEANORS TO INFRACTIONS AND ADMINISTRATIVE PENALTIES
WITH FEW EXCEPTIONS. (Continued from meeting of July 22
1997)
The public hearing opened at 7:52 P.M. As no one came
to address the Council on this item. The public
closed at 7:52 P.M.
Action: To approve the staff recommendation
advertise this item for a future meeting.
Motion Bowler, second Mayor Reviczky. The motion
by a unanimous vote.
At the hour of 7:53 P.M. the order of the agenda was
to item 2.
forward
hearing
to re -
carried
returned
5. ALOHA DAYS: STAGE LOCATION CHANGE AND REOUEST.'FOR PROP A
FUNDS. Memorandum from Community Resources Director Mary
Rooney dated September 3, 1997.
Community Resources Director Rooney presented the staff
report and responded to Council questions.
Public participation opened at 9:05 P.M. Coming forward to
address the Council on this item were:
Able Ybarra - Beach Cities Surf Club, said that due
to radio promotion and word of mouth among the
Hawaiian and Polynesian communities, they were
receiving inquiries about the event from a
large number of people, and, to be prudent they
wished to provide shuttle bus service for
alternative parking at Mira Costa; and,
Corinne Ybarra - (no address given) said that the
Hawaiian bands would start at 10:00 A.M. then
the surf bands would begin at 4:00 P.M. and
continue to 8:30 P.M. and then time was needed
to take down the stage and clean-up.
Public
participation closed at 9:11 P.M.
Action: To approve the staff recommendation to:
City Council Minutes 09-09-97 Page 9522
1) approve the request of the Beach Cities Surf Club to
locate the performance stage on the beach south of
the pier instead of the west end of the Plaza; and,
2) to allow the allocation •of $2,500 of Proposition A
funds as payment for shuttle bus service for the
event.
With the direction to staff to monitor the bus usage to
determine if the buses were needed throughout the event
or if they could be discontinued. Also, to secure parking
for library patrons during the time the library was open
on Saturday.
Motion Bowler, second Oakes. The motion carried by a
unanimous vote.
Proposed Action: To allow the bands the option of
playing until 10:00 P.M.
Motion Benz, second Edgerton. The motion died due to the
dissenting votes of Bowler, Oakes and Mayor Reviczky.
6. TEXT AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE TO ALLOW
ADDITIONAL TIME FOR PAYMENT
Memorandum from Community
Blumenfeld dated September
information from Community
Blumenfeld dated September 8,
OF SEWER CONNECTION FEES.
Development Director Sol
4, 1997. Supplemental
Development Director Sol
1997.
Councilmember Bowler declared a potential conflict of
interest due to his downtown business and left the dais
and the room at 9:20 P.M.
Community Development Director Blumenfeld presented the
staff report and responded to Council questions. City
Manager Burrell and City Attorney Michael Jenkins also
responded to Council questions.
Public participation opened at 9:35 P.M. Coming forward to
address the Council on this item was:
Shane McColgan - Shark's Cove and The Mix, explained
his problem and detailed how his opinion that
the fee should be exempted for his remodel
differed with the decision of the Community
Development Department regarding sewer hook-up
fees.
Public participation closed at 9:47 P.M.
Proposed Action: To approve the staff recommendation to
waive full reading and introduce Ordinance No. 97-11 ,
entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING SEWER CONNECTION FEE, COLLECTION
PROCEDURE, SECTION 13.04 OF THE HERMOSA BEACH MUNICIPAL
CODE."
Motion Edgerton, second Benz. The motion failed due to
the dissenting votes of Oakes and Mayor Reviczky and the
absence of Bowler.
City Council Minutes 09-09-97 Page 9523
Action: To direct staff to return with a complete report
of the sewer connection fee procedure including the
consideration of having a use fee rather than a hook-up
fee for existing buildings and of giving a credit or
using the monies collected for anti -pollution programs
such as grease traps
Motion Edgerton, second Mayor Reviczky. The motion
carried, noting the absence of Bowler.
Councilmember Bowler returned to the dais at 10:00 P.M.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) SUPPORT AB1228 (DUCHENEY) AND COASTAL CITIES
DIVISION OF LEAGUE OF CALIFORNIA CITIES. Memorandum
from City Manager Stephen Burrell dated August 20,
1997.
ACTION: To approve the staff recommendation to approve
sending a letter of support for AB1228 and approve
sending a letter of interest for coastal cities group.
Motion Edgerton, second Mayor Reviczky. The motion
carried by a unanimous vote.
(b) REOUEST FOR MEETING DATE CHANGE FROM TUESDAY,
OCTOBER 14, 1997 TO THURSDAY, OCTOBER 16, 1997.
Memorandum from City Manager Stephen Burrell dated
September 4, 1997.
City Manager Burrell presented the staff -report and
responded to Council questions.
Action: To approve the change of date from Tuesday,
October 14, 1997, to Thursday, October 16, 1997, as the
date of the first City Council meeting in October.
Motion Bowler, second Oakes. The motion carried by a
unanimous vote.
(c) REPORT CONCERNING DOWNTOWN BUSINESSES AND DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL. Oral report from
City Manager Stephen Burrell. Supplemental letter
from Jim Lissner, 2715 El Oeste Drive, received
September 4, 1997.
Councilmember Bowler declared a potential conflict of
interest due to his downtown business and left the dais
and the room at 10:05 P.M.
City Manager Burrell presented an oral report saying that
a meeting has been set for Thursday, September 18, 1997,
however the time and location have not been determined.
Mr. Burrell requested Council direction regarding the
City's position on land use issues including hours of
operation, noise control, entertainment, activities, etc.
City Council Minutes 09-09-97 Page 9524
noting that the traditional position is that locally
elected people are best to determine these issues as they
have much more contact with the businesses and the
residents of the area.
Action: To:
1) support the position that the City, through its City
Council and City staff, is the proper responsible
entity to determine City land use issues; and,
2) authorize the expenditure of funds to have the City
Attorney research and render an opinion on decisions
affecting the City's jurisdiction of land use
issues.
Motion Mayor Reviczky, second Oakes. The motion
carried, noting the absence of Bowler.
Councilmember Bowler returned to the dais at 10:17 P.M.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
9. OTHER MATTERS - CITY COUNCIL - None
CITIZEN COMMENTS
No one came forward at this time to address the Council.
City Manager Burrell announced a correction of the address
under Closed Session item 1 - Real Property Negotiations as
545 Cypress Street rather than 445 Cypress.
City Attorney Jenkins announced that in the case of Keep
Hermosa Beautiful v. City of Hermosa Beach (parking structure
opponents) the plaintiffs had filed a motion for summary
judgment and the City had filed a demurrer and request for
dismissal, with these motions to be heard on Wednesday,
September 24, 1997, and that the City Attorney would report at
the next meeting after the hearing.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN
CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to
Government Code Section 54956.8:
Property:
Negotiating Parties:
Under Negotiation:
545 Cypress Street
Stephen Burrell
Price & Terms of Payment
2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government
Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations:
1. Hermosa Beach Police Officers Association
City Council Minutes 09-09-97 Page 9525
2. Hermosa Beach Firefighters' Association
3. Teamsters Union, Local 911
4. Professional and Administrative Employee Group
5. Hermosa Beach Management Association
ADJOURNMENT - The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, September 9, 1997,
at the hour of 10:22 P.M. to a Closed Session.
CLOSED SESSION - The Closed Session convened at the hour of
10:31 P.M. At the hour of 10:53 A.M. the Closed Session
adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS - There were no decisions made requiring a
public announcement.
ADJOURNMENT - The Regular Meeting of the City Council of the
City of Hermosa Beach adjourned on Tuesday, September 9, 1997
at the hour of 10:54 P.M. to the Regular Meeting of Tuesday,
September 23, 1997, at the hour of 7:10 P.M.
Deputy City Clerk
City Council Minutes 09-09-97 Page 9526
VOUCHRE2 CITY OF HERMOSA BEACH
09/04/97 11:58 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 1
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
11431 09/04/97 000243 HERMOSA BEACH PAYROLL A PAYROLL/8-16 TO 8-31-97 001-1103 302,950.22
PAYROLL/8-16 TO 8-31-97 105-1103 8,963.33
PAYROLL/8-16 TO 8-31-97 109-1103 805.12
PAYROLL/8-16 TO 8-31-97 110-1103 32,595.11
PAYROLL/8-16 TO 8-31-97 117-1103 671.74
PAYROLL/8-16 TO 8-31-97 126-1103 109.38
PAYROLL/8-16 TO 8-31-97 140-1103 105.92
PAYROLL/8-16 TO 8-31-97 145-1103 1,143.73
PAYROLL/8-16 TO 8-31-97 152-1103 1.02
PAYROLL/8-16 TO 8-31-97 160-1103 14,492.72
PAYROLL/8-16 TO 8-31-97 705-1103 1,029.66
PAYROLL/8-16 TO 8-31-97 715-1103 3,105.16 365,973.11
TOTAL CHECKS 365,973.11
16
VOUCHRE2 CITY OF HERMOSA BEACH
09/04/97 11:58 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
001 GENERAL FUND
105 LIGHTG/LANDSCAPG DIST FUND
109 DOWNTOWN ENHANCEMENT FUND
110 PARKING FUND
117 AB939 FUND
126 4% UTILITY USERS TAX FUND
140 COMMUNITY DEV BLOCK GRANT
145 PROPOSITION 'A FUND
152 AIR QUALITY MGMT DIST FUND
160 SEWER FUND
705 INSURANCE FUND
715 EQUIPMENT REPLACEMENT FUND
302,950.22
8,963.33
805.12
32,595.11
671.74
109.38
105.92
1,143.73
1.02
14,492.72
1,029.66
3,105.16
TOTAL 365,973..11
2_
i• i
PAGE 2
VOUCHRE2
09/08/97 07:21
VOUCHER/
CHECK CHECK
NUMBER DATE
VENDOR VENDOR
NUMBER NAME
11432 09/04/97 008192 A.B.E. CORPORATION
11433 09/04/97 000003 ADVANCE ELEVATOR
11434 09/04/97 000935 ADVANCED ELECTRONICS
11435 09/04/97 008333 ALLIANCE GRAHICS
11436 09/04/97 005270 ALLTECH ELECTRONICS
11437 09/04/97 007316 ANTIQUE CORRAL, INC.
11438 09/04/97 000152 ARAMARK UNIFORM SERVICE
11439 09/04/97 008306 LISA ARNETT
11440 09/04/97 008331 BEARCOM
11441 09/04/97 008332 BEATRICE & HARRY ENG.
11442 09/04/97 004277 OLIN BELL
11443 09/04/97 005464 BILL'S SOUND SYSTEM
11444 09/04/97 008336 BISHOP CO.
11445 09/04/97 000163 BRAUN LINEN SERVICE
11446 09/04/97 004592 LEONARD W. BROCK
11447 09/04/97 002076 BROWNING FERRIS COMPANY
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
FILE CABINETS/BUILDING DEPT
ELEVATOR MAINT/SEPT 97
TWO WAY RADIO MAINT/SEPT 97
RADIO MAINT/SEPT 97
RADIO MAINT/SEPT 97
FALL/WINTER BROCHURE PRINTED
COMPUTER MEMORY CARD
REFUND FORFEIT FEE/SUMMER 97
UNIFORM SERVICE/AUG 97
UNIFORM SERVICE/AUG 97
UNIFORM SERVICE/AUG 97
UNIFORM SERVICE/AUG 97
UNIFORM SERVICE/AUG 97
CLASS REFUND/SUMMER 97
RADIO,ANTENNA & FIRE ENGINE
WORK GUARANTEE DEPOSIT REFUND
INSTRUCTOR'S PAYMENT/SUMMER 97
SOUND SYSTEM MAINT/JULY 97
SMALL HAND TOOLS
PRISONER LAUNDRY/AUG 97
PRISONER LAUNDRY/AUG 97
PRISONER LAUNDRY/AUG 97
PRISONER LAUNDRY/AUG 97
PROFESSIONAL SERV.FY 96/97
REFUSE LIEN BALANCE 96-97
11448 09/04/97 000155 BROWNING FERRIS INDUSTR TRASH PICK-UP/AUG 97
11449 09/04/97 003358 CAL STATE UNIV/DOMINGUE EDUCATION EXPENSES/FALL 97
11450 09/04/97 005631 CALIFORNIA CHARTER/K-T
11451 09/04/97 005950 CALIFORNIA EMS AUTHORIT
11452 09/04/97 000016 CALIFORNIA WATER SERVIC
TRANSPORTATION EXCURSION 8/97
PARAMEDIC LICENSE RENEWAL/HAHN
WATER USAGE/JULY 97
WATER USAGE/JULY 97
ACCOUNT
NUMBER
001-4101-5401
001-4204-4201
110-3302-4201
001-2101-4201
001-2201-4201
001-4601-4302
001-1206-4305
001-2110
715-4206-4309
001-3104-4309
001-2101-4309
001-4204-4309
001-2201-4309
001-2111
715-2201-5403
001-2110
001-4601-4221
001-4204-4201
105-2601-4309
001-2101-4306
001-2101-4306
001-2101-4306
001-2101-4306
001-2020
001-2020
109-3301-4201
001-4202-4317
001-4601-4201
001-2201-4315
105-2601-4303
001-4202-4303
ITEM
AMOUNT
4,257.83
100.00
352.50
1,169.88
779.92
4,787.43
135.31
50.00
43.30
17.70
94.72
75.32
16.60 247.64
6.67 6.67
636.91 636.91
1,600.00 1,600.00
840.00 840.00
130.00 130.00
368.97 368.97
63.20
24.55
33.20
33.75 154.70
964.75 964.75
1,503.31 1,503.31
383.01 383.01
910.50 910.50
542.70 542.70
125.00 125.00
PAGE 1
CHECK
AMOUNT
4,257.83
100.00
2,302.30
4,787.43
135.31
50.00
1,619.33
6,145.43
VOUCHRE2
09/08/97 07:21
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
11453 09/04/97 007320 STEVE CAMMARATA
11454 09/04/97 000014 CHAMPION CHEVROLET
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
WATER USAGE/JULY 97
WATER USAGE/AUG 97
WATER USAGE/AUG 97
WATER USAGE/AUG 97
REFUND FORFEIT FEE/SUMMER 97.
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97.
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
11455 09/04/97 006516 CLEARS CONFERENCE 1995 TUITION/R.MILLER
11456 09/04/97 008314 GREG CORTESI
11457 09/04/97 001390 DAPPER TIRE CO.
11458 09/04/97 004689 DATA TICKET, INC.
11459 09/04/97 006100 DATAVAULT
11460 09/04/97 008317 MICHAEL DE LA TORRE
REFUND FORFEIT FEE/SUMMER 97
TIRE PURCHASES/AUG 97
TIRE PURCHASES/AUG 97
TIRE PURCHASES/AUG 97
DMV RECORD RETRIEVAL/AUG 97
OFF SITE STORAGE/AUGUST 97
REFUND FORFEIT FEE/SUMMER 97
11461 09/04/97 000267 DEPARTMENT OF TRANSPORT HWY MAINT/JUNE 97
11462 09/04/97 008191 DUNCAN
11463 09/04/97 001958 TOM ECKERT
11464 09/04/97 001962 FEDERAL EXPRESS CORP.
11465 09/04/97 008328 MARION FLANAGAN
11466 09/04/97 004559 FOX PHOTO
11467 09/04/97 008239 COLE GARRISON
11468 09/04/97 005513 EARL GIRARD
11469 09/04/97 008285 GOLDENWEST COLLEGE
. 11470 09/04/97 008315 GINO GRAJEDA
PARTS FOR PARKING METERS
MEALS/POST CLASS
EXPRESS MAIL/PUBLIC WORKS
EXPRESS MAIL/PUBLIC WORKS
CLASS REFUND/SUMMER 97
FILM DEVELOPMENT/AUG 97
INSTRUCTOR PAYMENT/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
POST CLASS TUITION/CHARLES
ACCOUNT
NUMBER
001-4204-4303
105-2601-4303
001-4202-4303
001-4204-4303
001-2110
715-2101-4311
715-2101-4311
715-3302-4311
715-2101-4311
715-2101-4311
715-2101-4311
715-2101-4311
715-2101-4311
001-2101-4317
001-2110
715-2101-4311
715-4202-4311
715-4204-4311
110-1204-4201
001-1206-4201
001-2110
105-2020
110-3302-4309
001-2101-4312
109-8160-4201
121-8620-4201
001-2111
001-2201-4305
001-4601-4221
001-2110
001-2101-4312
REFUND NON PROFIT FEE/JULY 97 001-2111
4
ITEM
AMOUNT
808.36
1,555.07
6,883.13
697.03
25.00
20.72
189.57
189.57
207.81
207.81
223.43
27.71
223.43
150.00
50.00
93.22
160.52
160.52
t•
PAGE 2
CHECK
AMOUNT
17,708.35
25.00
1,290.05
150.00
50.00
414.26
19.60 19.60
117.50 117.50
50.00 50.00
1,096.72 1,096.72
1,812.53 1,812.53
240.00 240.00
64.59
24.25 88.84
18.00 18.00
30.46 30.46
56.00 56.00
25.00 25.00
56.00 56.00
77.00 77.00
•r
VOUCHRE2
09/08/97 07:21
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
VENDOR
NAME
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
11471 09/04/97 006518 HAYER CONSULTANTS, INC. TEMP BUILDING INSPECTOR/WE8/14
11472 09/04/97 008233 STEVEN,P HELM
11473 09/04/97 008311 STEPHEN HENDERSON
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
11474 09/04/97 003131 HINDERLITER, DE LLAMAS SALES TAX SERVICES/AUG 97
11475 09/04/97 002458 INGLEWOOD WHOLESALE ELE
11476 09/04/97 008327 ELIZABETH KELLY
11477 09/04/97 003284 KINKO'S
11478 09/04/97 006714 POLLY KINSINGER
11479 09/04/97 008319 MARK KOLTKO
11480 09/04/97 008308 DIANNE KRASOVEC
11481 09/04/97 005538 L.A. CO METRO TRANS AUT
11482 09/04/97 000151 L.A. CO SHERIFF'S DEPAR
11483 09/04/97 003044 SHERRIA LAWRENCE
11484 09/04/97 000167 LEARNED LUMBER
11485 09/04/97 008321 DEBRA LIMAS
11486 09/04/97 002414 MARGARET LIQUORMAN
11487 09/04/97 008322 KATHY LUCCARO
11488 09/04/97 004460 PETER MANGURIAN
11489 09/04/97 000605 MANHATTAN FORD
ELECTRIC SUPPLIES/AUG 97
DISCOUNT OFFERED
DISCOUNT TAKEN
ELECTRICAL SUPPLIES/AUG 97
DISCOUNT OFFERED
DISCOUNT TAKEN
ELECTRICAL SUPPLIES/AUG 97
ELECTRICAL SUPPLIES/AUG 97
CLASS REFUND/SUMMER 97
COPIES/APPROVED BUDGET
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
BUS PASS SALES/JULY 97
BOOKING FEE/JUNE 97
EDUCATION EXPENSES/FALL 97
BUILDING MATERIALS/AUG 97
BUILDING MATERIALS/AUG 97
BUILDING SUPPLIES/AUG 97
BUILDING MATERIALS/AUG 97
CLASS REFUND/SUMMER 97
STOCK OFFICE SUPPLIES/AUG 97
CLASS REFUND/SUMMER 97
REFUND CANDIDATE'S STATEMENT
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
ACCOUNT
NUMBER
001-4201-4201
001-2110
001-2110
001-1202-4201
105-2601-4309
001-2021
001-2022
105-2601-4309
001-2021
001-2022
105-2601-4309
001-4204-4309
001-2111
001-1101-4305
001-2110
001-2110
001-2111
145-3403-4251
001-2020
001-4202-4317
001-4204-4309
001-3104-4309
001-4204-4309
001-3104-4309
001-2111
001-1208-4305
001-2111
001-1121-4201
715-3302-4311
715-3302-4311
715-3302-4311
715-4201-4311
715-2101-4311
PAGE 3
ITEM CHECK
AMOUNT AMOUNT
2,640.00 2,640.00
50.00 50.00
50.00 50.00
949.65 949.65
268.93
5.48
5.48-
257.79
5.26
5.26-
263.05
21.16 810.93
18.00 18.00
886.54 886.54
50.00 50.00
50.00 50.00
43.00. 43.00
272.00 272.00
145.84 145.84
275.97 275.97
237.06
26.29
209.57
11.02 483.94
18.00 18.00
320.20 320.20
36.00 36.00
153.85 153.85
45.83
134.25
89.50
57.44
106.21
VOUCHRE2
09/08/97 07:21
VOUCHER/
CHECK CHECK
NUMBER DATE
VENDOR VENDOR
NUMBER NAME
11490 09/04/97 008320 ELIAS MARTINEZ
11491 09/04/97 008316 LESLIE MC CAMMON
11492 09/04/97' 008197 HUGH,JOHN MC DONALD
11493 09/04/97 002473 SHIRLEY MEYER
11494 09/04/97 007564 RUTH MILLER
11495 09/04/97 008335 MISAC
11496 09/04/97 008334 RONALD MISETICH
11497 09/04/97 008326 STACY MONTALTO
11498 09/04/97 008312 RONALD MOORE
11499 09/04/97 008318 DANIEL MURRAY
11500 09/04/97 000857 NANCY FOODS
11501 09/04/97 006224 LISA NEWSOM
11502 09/04/97 000093 OLYMPIC AUTO CENTER
11503 09/04/97 007390 LeVALLEY PATTISON
11504 09/04/97 007158 PEEK TRAFFIC SIGNAL
11505 09/04/97 008325 PATRICIA PREISS
11506 09/04/97 000296 THE PRINT NETWORK
11507 09/04/97 003302 JOHN PROUT
11508 09/04/97 004222 GARRICK RAWLINGS
11509 09/04/97 005553 CITY OF REDONDO
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/SEPT 97
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
PER DIEM/CLEARS CONFERENCE 97
MEMBERSHIP DUES/J. DUCKETT
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
PRISONER MEALS/SEPT 97
EDUCATIONAL REIMBURSEMENT
AUTO REPAIR/GLASS RIGHT DOOR
WELD DOOR HINGE/POLICE CAR
AUTO MAINTENANCE/AUG 97
TOURNAMENT FEES REFUND/WPVA
TRAFFIC SIGNAL REPAIR PARTS
CLASS REFUND/SUMMER 97
PIER AVE ILLUSTRATIONS/REDUCED
REFUND FORFEIT FEE/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
4TH QUARTER DIAL -A -RIDE
FAREBOX RECOVERY
SUBREGIONAL GRANTS 2ND QTR
3RD QUARTER SUBREGIONAL GRANT
11510 09/04/97 005379 RICHARDS, WATSON & GERS LEGAL FEES/JUNE 97
LEGAL FEES/JUNE 97
ACCOUNT
NUMBER
715-2101-4311
715-2101-4311
715-4202-4311
001-2110
001-2110
001-2110
001-2111
001-2101-4317
001-1206-4315
001-2110
001-2111
001-2110
001-2110
001-2101-4306
001-4601-4317
715-4201-4311
715-2101-4311
715-4202-4311
001-2111
105-2601-4201
001-2111
109-2020
001-2110
001-2110
145-2020
145-1230
145-1220
145-1220
001-2020
001-2020
ITEM
AMOUNT
72.12
216.35
33.71
PAGE 4
CHECK
AMOUNT
755.41
50.00 50.00
50.00 50.00
50.00 50.00
18.00 18.00
300.00 300.00
80.00 80.00
50.00 50.00
36.00 36.00
50.00 50.00
50.00 50.00
32.79 32.79
107.98 107.98
129.79
78.12
190.60 398.51
1,870.65 1,870.65
73.11 73.11
18.00 18.00
216.50 216.50
50.00 50.00
50.00 50.00
44,887.06
3,094.64-
6,502.10-
6,042.56- 29,247.76
816.20
5,538.90 6,355.10
VOUCHRE2
09/08/97 07:21
VOUCHER/
CHECK CHECK
NUMBER DATE
VENDOR VENDOR
NUMBER NAME
11511 09/04/97 006469 DANIEL ROHRBACH
11512 09/04/97 005385 ROTO -ROOTER
11513 09/04/97 005175 GREG SAMPSON
11514 09/04/97 003505 SHORELINE PRINTING
11515 09/04/97 004231 GARY SIMPSON
11516 09/04/97 008310 ERIN SLOVES
11517 09/04/97 007882 STEVEN SMALL
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
REFUND FORFEIT FEE/SUMMER 97
WORK GUARANTEE DEPOSIT REFUND
REFUND FORFEIT FEE/SUMMER 97
BUSINESS CARDS/NEWSOM,IBATUAN
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
REFUND FORFEIT FEE/SUMMER 97
11518 09/04/97 000114 SMART & FINAL IRIS COMP JAIL SUPPLIES/AUG 97
11519 09/04/97 008309 JONI ST LAWRENCE
CLASS REFUND/SUMMER 97
11520 09/04/97 005195 STANDARD CONCRETE PRODU CONCRETE PURCHASE/AUG 97
CONCRETE PURCHASE/AUG 97
CONCRETE PURCHASE/AUG 97
11521 09/04/97 000364 STATE OF CALIFORNIA INSTRUCTOR FINGERPRINTING
FINGERPRINTING/POLICE DEPT.
11522 09/04/97 007317 CHRIS STERGION
11523 09/04/97 008323 CORRINE TASHNEK
11524 09/04/97 008330 UNITED HEALTHCARE INS.
11525 09/04/97 008313 DAVE WHITHAM
11526 09/04/97 008324 VIRGINIA WIRDZEK
11527 09/04/97 000135 XEROX CORPORATION
11528 09/04/97 008307 ANNE ZLEIT
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
REFUND OVER PAYMENT
REFUND FORFEIT FEE/SUMMER 97
CLASS REFUND/SUMMER 97
COPIER MAINT/JULY 97
CLASS REFUND/SUMMER 97
TOTAL CHECKS
ACCOUNT
NUMBER
001-2110
001-2110
001-2110
001-4601-4305
001-2110
001-2111
001-2110
001-2101-4306
001-2111
001-3104-4309
001-3104-4309
001-3104-4309
001-4601-4221
001-2101-4201
001-2110
001-2111
001-3840
001-2110
001-2111
001-1208-4201
001-2111
ITEM
AMOUNT
50.00
1,600.00
25.00
86.60
50.00
30.00
50.00
110.70
43.00
455.88
221.70
408.76
128.00
83.00
50.00.-
18.00
233.50
50.00
18.00
487.68
40.00
PAGE 5
CHECK
AMOUNT
50.00
1,600.00
25.00
86.60
50.00
30.00
50.00
110.70
43.00
1,086.34
211.00
50.00
18.00
233.50
50.00
18.00
487.68
40.00
94,775.89
VOUCHRE2 CITY OF HERMOSA BEACH
09/08/97 07:21 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
001 GENERAL FUND 53,341.74
105 .LIGHTG/LANDSCAPG DIST FUND 5,502.97
109 DOWNTOWN ENHANCEMENT FUND 664.10
110 PARKING FUND 2,184.63
121 PROP A OPEN SPACE FUND 24.25
145 PROPOSITION 'A FUND 29,519.76
715 EQUIPMENT REPLACEMENT FUND 3,538.44
TOTAL 94,775.89
PAGE 6
VOUCHRE2 CITY OF HERMOSA BEACH
09/08/97 15:18 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 1
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT • AMOUNT
11529 09/08/97 008262 FILLMORE & WESTERN RAIL EXCURSION/SUMMER 97 001-4601-4201 627.50 627.50
TOTAL CHECKS 627.50
9
VOUCHRE2 CITY OF HERMOSA BEACH
09/08/97 15:18 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
001 GENERAL FUND 627.50
TOTAL 627.50
ID
PAGE 2
VOUCHRE2 CITY OF HERMOSA BEACH
09/10/97 08:38 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 1
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
11530 09/10/97 008329 LABELLE MARVIN INC. ENGINEERING/HERMOSA SEWER WORK 160-2020 6,124.50 6,124.50
TOTAL CHECKS 6,124.50
11
VOUCHRE2 CITY OF HERMOSA BEACH
09/10/97 08:38 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
160 SEWER FUND 6,124.50
TOTAL 6,124.50
ZZ
PAGE 2
VOUCHRE2
09/11/97 17:31
VOUCHER/
CHECK CHECK
NUMBER DATE
VENDOR VENDOR
NUMBER NAME
11531 09/11/97 008337 A & R PALLETS
11532 09/11/97 000029 A-1 COAST RENTALS
11533 09/11/97 007017 ACCOUNTEMPS
11534 09/11/97 002185 ADVANCED ELECTRONICS
11535 09/11/97 003209 AIR TOUCH CELLULAR
11536 09/11/97 008284 AIRTEL PLAZA HOTEL
11537 09/11/97 005179 AT&T
11538 09/11/97 008204 AT&T
11539 09/11/97 000407 AVIATION LOCK & KEY
11540 09/11/97 004277 OLIN BELL
11541 09/11/97 006409 BLUE DIAMOND MATERIALS
11542 09/11/97 007941 BROOKS SPECIALTY SERVIC
11543 09/11/97 008338 CALIF.MFG. INFORMATION
11544 09/11/97 007611 CARMEN'S UNIFORM
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
PALLETS
JACK HAMMER REPAIRS
TEMP FIN CLERK/WE 8/15/97
RADIO BATTERY
CELL PHONE SERVICE/AUG 97
LODGING/STRATIS
LONG
LONG
LONG
LONG
LONG
LONG
LONG
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
LONG DISTANCE
DISTANCE CHARGES/JUNE 97
DISTANCE CHARGES/JUNE 97
DISTANCE CHARGES/JUNE 97
DISTANCE CHARGES/AUG 97
DISTANCE CHARGES/AUG 97
DISTANCE CHARGES/AUG 97
DISTANCE CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
CHARGES/AUG 97
FAX/JUNE 97
CHARGES/JUNE 97
FAX/JULY 97
FAX/JULY 97
FAX/JULY 97
CHARGES/JUNE 97
BILLING/JUNE 97
CHARGES/JUNE 97
LONG DISTANCE CHARGES/AUG 97
KEYS MADE/POLICE DEPT.
KEYS MADE/POLICE DEPT
DOOR LOCK FOR JEEP
INSTRUCTOR FEES/SUMMER 97
ASPHALT SUPPLIES/JULY 97
A.C. SERVICED/POLICE DEPT.
SOFTWARE USER LICENSE
UNIFORM/GARKOW
13
ACCOUNT
NUMBER
001-3104-4309
001-3104-4309
110-1204-4201
001-2201-4309
001-2101-4304
001-2101-4312
110-2020
001-2020
001-2020
001-2101-4304
001-2101-4304
001-2101-4304
001-2201-4304
001-2101-4304
001-4204-4321
001-2101-4304
001-4202-4304
001-4202-4304
110-1204-4304
001-4201-4304
001-2020
001-2020
001-1202-4304
001-1203-4304
001-1101-4304
001-2020
001-2020
001-2020
001-1208-4304
001-2101-4305
001-2101-4309
001-4204-4309
001-4601-4221
001-3104-4309
001-4204-4201
170-2103-5402
001-2101-4187
ITEM
AMOUNT
260.00
55.00
680.00
83.89
234.38
707.94
5.49
5.88
5.45
5.00
12.86
5.02
5.00
5.00
5.00
15.23
11.01
5.45
5.51
6.04
12.11
5.00
4.73
1.49
1.45
5.00
3.71
5.10
228.35
8.12
8.12
14.06
1,260.00
301.97
490.00
489.83
419.73
PAGE 1
CHECK
AMOUNT
260.00
55.00
680.00
83.89
234.38
707.94
136.53
228.35
30.30
1,260.00
301.97
490.00
489.83
419.73
VOUCHRE2
09/11/97 17:31
VOUCHER/
CHECK CHECK
NUMBER DATE
VENDOR VENDOR
NUMBER NAME
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
11545 09/11/97 007794 CONTRACTORS EQUIPMENT C MUFFLER FOR BACKHOE
11546 09/11/97 000642 THE DAILY BREEZE
11547 09/11/97 006100 DATAVAULT
EMPLOYMENT ADS/AUG 97
OFF SITE STORAGE JULY 97
11548 09/11/97 004394 DIVERSIFIED PHOTO SUPPL FILM PURCHASE/JULY 97
11549 09/11/97 001498 DYNAMED
11550 09/11/97 000181 EASY READER
11551 09/11/97 000165 EDDINGS BROTHERS AUTO
PARAMEDIC SUPPLIES
PUBLIC NOTICES PRINTED
P AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
AUTO PARTS/AUG 97
DISCOUNT OFFERED
DISCOUNT TAKEN
11552 09/11/97 004685 FIRST CHOICE FIRE PROTE
11553 09/11/97 004559 FOX PHOTO
11554 09/11/97 005314 FRY'S ELECTRONICS
11555 09/11/97 006604 CHRISTINA GAGE
11556 09/11/97 008071 GORDON H. CHONG & ASSSO
11557 09/11/97 004959 GOVERNOR'S OFFICE OF PL
11558 09/11/97 000065 HERMOSA BEACH CAR WASH
11559 09/11/97 004075 CITY OF HERMOSA BEACH
11560 09/11/97 006293 KINKO'S INC.
ANNUAL FIRE EXTINGUISHER SERV.
FILM PROCESSING/MAY 97
10 MEGA ZIP DRIVE/PUBLIC WORKS
INSTRUCTORS FEES/SUMMER 97
PROFESSIONAL SERVICES/AUG 97
CASB STATEMENTS
JULY CAR WASHES
JULY CAR WASHES
JULY CAR WASHES
JULY CAR WASHES
WORKER'S COMP CLAIMS/8/29/97
WORKER'S COMP CLAIMS 9/08/97
STREETSCAPE DINING BOOKLETS
ACCOUNT
NUMBER
160-3102-4309
001-1203-4201
001-1206-4201
001-2201-4305
001-2201-4309
001-1121-4323
715-3102-4311
715-2101-4311
715-4202-4311
715-3302-4311
715-4206-4309
715-4206-4309
715-3104-4311
715-3302-4311
715-2601-4311
715-2201-4311
001-4202-4309
715-4201-4311
001-2021
001-2022
001-4204-4321
001-2020
001-2020
001-4601-4221
121-8624-4201
001-1202-4317
715-2101-4311
715-4202-4311
715-4201-4311
715-3302-4311
705-1217-4324
705-1217-4324
109-2020
11561 09/11/97 004138 KENNETH A. MEERSAND LEGAL SERVICES/AUG 97 001-1132-4201
1'l
ITEM
AMOUNT
90.95
226.20
133.65
45.47
183.59
679.69
91.50
366.57
158.44
73.46
7.10
12.43
11.88
69.43
179.23
35.71
70.19
11.63
22.20
22.20-
425.00
21.57
216.49
2,240.00
30,456.78
31.50
196.80
4.10
8.20
4.10
6,570.97
17,635.12
926.19
6,025.00
PAGE 2
CHECK
AMOUNT
90.95
226.20
133.65
45.47
183.59
679.69
1,087.57
425.00
21.57
216.49
2,240.00
30,456.78
31.50
213.20
24,206.09
926.19
6,025.00
VOUCHRE2
09/11/97 17:31
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
11562 09/11/97 002514 OFFICE DEPOT
11563 09/11/97 004142 OFFICE DEPOT
11564 09/11/97 000093 OLYMPIC AUTO CENTER
11565 09/11/97 000608 PEP BOYS
CITY OF HERMOSA BEACH
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
OFFICE SUPPLIES/AUG 97
OFFICE SUPPLIES/AUG 97
OFFICE SUPPLIES/AUG 97
INSTALL AUTO ALARM
AUTO DETAIL/POLICE CAR
INSTALLATION EMERGENCY EQUIP
EQUIPMENT INSTALLATION
INSTALLATION/EMERGENCY EQUIP
INSTALLATION OF EQUIPMENT
BATTERY/FIRE DEPT
11566 09/11/97 007915 PHYSIO CONTRO CORPORATI BATTERY SUPPORT SYSTEM
11567 09/11/97 003505 SHORELINE PRINTING
BUSINESS CARDS/PUBLIC WORKS
TOW AWAY SIGNS PRINTED
FIRE SAFETY INSPECTION REPORTS
11568 09/11/97 001399 SINCLAIR-AMERITONE PAIN PAINT & SUPPLIES/AUG 97
11569 09/11/97 003405 SKILLPATH, INC.
11570 09/11/97 004987 SMOG EXPRESS
MANAGEMENT SKILLS SEMINAR
SMOG CHECKS/POLICE DEPARTMENT
SMOG CHECKS/POLICE DEPARTMENT
SMOG CHECK/PUBLIC WORKS
SMOG CHECKS/BUILDING DEPT.
SMOG CHECK/POLICE DEPARTMENT
11571 09/11/97 000113 SOUTH BAY FIRE EXTINGUI FIRE EXTINGUISHER SERV/AUG 97
11572 09/11/97 000159 SOUTHERN CALIFORNIA EDI ELECTRIC BILLING/SEPT 97
STREET LIGHTING/AUG 97
ELECTRIC BILLING/AUG 97
11573 09/11/97 000442 SOUTHERN CALIFORNIA EDI ELECTRIC BILLING/AUG 97
STREET LIGHTING/JULY 97
ELECTRIC BILLING/AUG 97
ELECTRIC BILLING/AUG 97
ELECTRIC BILLING/AUG 97
11574 09/11/97 000170 SOUTHERN CALIFORNIA GAS GAS BILLING/AUG 97
GAS BILLING/AUG 97
GAS BILLING/AUG 97
GAS BILLING/AUG 97
GAS BILLING/AUG 97
GAS BILLING/AUG 97
11575 09/11/97 007950 NICK STRATIS MEALS/POST CLASS
l5
ACCOUNT
NUMBER
001-1208-4305
001-4601-4305
001-4601-4305
715-4202-4311
715-2101-4311
715-2101-4311
715-2101-4311
715-2101-4311
715-2101-4311
715-2201-4311
001-2201-5402
001-4202-4305
001-3104-4309
001-2201-4305
001-4204-4309
001-4202-4317
715-2101-4311
715-2101-4311
715-4202-4311
715-4201-4311
715-2101-4311
001-2201-4309
105-2601-4303
105-2601-4303
001-4204-4303
001-3104-4303
105-2601-4303
001-4202-4303
160-3102-4303
105-2601-4303
001-4204-4303
001-4204-4303
001-4204-4303
001-4204-4303
001-4204-4303
001-4204-4303
001-2101-4312
ITEM
AMOUNT
320.46
98.14
72.64
335.73
100.00
1,123.82
667.63
1,123.82
520.11
21.64
1,577.21
129.90
119.00
303.10
168.68
99.00
50.00
75.00
25.00
50.00
25.00
28.00
130.72
7,531.80
8,061.39
673.39
7,464.62
2,056.99
90.43
317.27
41.04
93.75
53.54
135.59
33.41
22.71
308.00
PAGE 3
CHECK
AMOUNT
320.46
170.78
3,871.11
21.64
1,577.21
552.00
168.68
99.00
225.00
28.00
15,723.91
10,602.70
380.04
308.00
VOUCHRE2 CITY OF HERMOSA BEACH
09/11/97 17:31 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 4
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
11576 09/11/97 008207 UNDERGROUND SERVICE ALE UNDERGROUND SERVICE ALERT 160-3102-4201 20.00 20.00
11577 09/11/97 008097 UNION BANK OF CALIFORNI SAFEKEEPING FEES JUNE 97 001-2020 208.33 208.33
11578 09/11/97 002873 WESTERN GRAPHICS MARKING TAPE/PUBLIC WORKS 001-3104-4309 732.20 732.20
TOTAL CHECKS 107,595.92
1cp
VOUCHRE2 CITY OF HERMOSA BEACH
09/11/97 17:31 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
001 GENERAL FUND 29,831.91
105 .LIGHTG/LANDSCAPG DIST FUND 15,444.41
109 DOWNTOWN ENHANCEMENT FUND 926.19
110 PARKING FUND 691.00
121 PROP A OPEN SPACE FUND 30,456.78
160 SEWER FUND 201.38
170 ASSET SEIZURE/FORFT FUND 489.83
705 INSURANCE FUND 24,206.09
715 EQUIPMENT REPLACEMENT FUND 5,348.33
TOTAL 107,595.92
l�
PAGE 5
VOUCHRE2 CITY OF HERMOSA BEACH
09/10/97 08:38 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
CLAIMS VOUCHER APPROVAL
I HEREBY CERTIFY T1AT TH DEMANDS OR CLAIMS COVERED BY THE CHECKS
TO (p INCLUSIVE, OF THE VOUCHER REGISTER
ARE ACCURATE, FUNDS ARE AVAILABLE FOR
LISTED QN PAGES
FOR q
PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET.
BY
FINANCE DIRECTOR
DATE liqq?
PAGE 3
September 15, 1997
Honorable Mayor and For the Meeting of
Members of the City Council Sept 23, 1997
CANCELLATION OF CHECKS
Please consider the following request for cancellation of the checks listed below
#11232 - 08/14/97 - Janice Guerrero. $537.60. Wrong amount. Check was never mailed.
#11469 - 09/04/97 - Goldenwest College. $56.00. Employee did not attend class. Check was never
mailed.
#11486 - 09/04/97 - Margaret Liquorman. $320.20. Wrong vendor. Check was never mailed.
Concur:
orkman, City Treasur
Stephen R Burrell, City Manager `!�l Noted for fi cal impact:
Viki Copeland, Finance Director
September 18, 1997
Honorable Mayor and Members
of the Hermosa Beach City Council
Regular Meeting of
September 23, 1997
TENTATIVE FUTURE AGENDA ITEMS
Taxicab Franchise Report
Police Chief
Data Processing for Internet Access
Community Resources
Director
Marine Mammal Reserve and Protection
Police Chief
NPDES Report
City Manager
Recommendation to adopt resolution appointing
representative to ICRMA
Finance Director
Recommendation to approve contract with E. Tseng &
Associates as consultant for providing services to
implement the City's waste reduction and recycling
program up to $30,000 based on tasks set forth in scope of
work.
City Manager
Recommendation to receive and file action minutes from
the Parks, Recreation and Community Resources Advisory
Commission meeting of September 17, 1997.
Community Resources
Director
Report on progress of Customer Service Survey
City Manager
Recommendation to receive and file action minutes from
the Planning Commission meeting of October 21, 1997.
Community Development
Director
'Ac/PLu
September 18, 1997
Honorable Mayor and Members of City Council Meeting of
the Hermosa Beach City Council September 23, 1997
REVENUE AND EXPENDITURE REPORTS
AUGUST 1997
The August Revenue and Expenditure Status Reports are not available at this time due
to the audit of the fiscal year ending June 30, 1997.
The Revenue and Expenditure Status Reports for August will be in your October 16,
1997 agenda packets.
NOTED
Respectfully submitted:
Stephen�;7 7:I rell, Viki Copeland,
City Ma ger Finance Director
id
AUGRVEXP: C:1111,AT
September 10, 1997
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council September 23, 1997
RECOMMENDATION TO DENY CLAIM
Recommendation:
It is recommended that City Council deny the following claim and refer it to the
City's Liability Claims Administrator.
1. Claimant : Phyllis Horner
Date of Loss: May 25, 1997
Date Filed : 08/28/97
Allegation : Claimant seeks reimbursement for expenses allegedly
arising from an auto accident involving City employee.
A copy of the claim is available in the Office of the City Clerk for review.
In addition to the above the City has received and resolved the following
claims:
1. Claimant : Noe Garcia
Date of Loss: 07/14/97
Damage . Damage to claimant vehicle.
Disposition : City paid $979.02 for costs incurred by claimant to
repair vehicle
2. Claimant : Denise Eberts
Date of Loss: 08/09/97
Damage : Damage to tire caused by "lifted" metalplate at curb.
Disposition : City reimbursed claimant $56.76 for cost of tire.
3. Claimant : Scott Niven
Date of Loss: 08/05/97
Damage : Damage to claimant's vehicle caused by City vehicle
backing into parked car.
Dispostion : Reimbursed claimant $1,023.96 for damage to vehicle.
Respectfully Submitted,
Stephen R. Burrell
City Manager
c: Conrad Del Rosario, Fleming & Associates
City Clerk's Office
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Traffic Collision Report
97-1984HB & 97-433RB
Gentlemen:
P. O. Box 797
Manhattan Beach, CA 90267
310)546-4658
August 22, 1997
°(2
AUG 2 8 1997
CLETIK
CITY OFHEOMOMor ;H
With regard to the above mentioned, enclosed are a "Traffic
Collision Report" and the completed "Claim Reporting Form"
for expenses arising out of an automobile accident which
occurred May 27, 1997. This accident, between Hermosa Beach
Police Officer Mitchell and myself, was adjudged to be the
fault of Officer Mitchell as is evidenced by the police
report.
Because my automobile has not been available, this accident
has proved to be a significant inconvenience to me for the
following reasons:
1) I lost use of my vehicle for a period of two months,
ten days. I am self-employed and use my car daily
for business purposes.
2) I continue to have considerable car payments.
3) I have been required to pay insurance, registration
and cellular phone charges.
4) Dealing with the impound office, police, mechanical
staff, body shop personnel and insurance adjuster,
estimator and supervisors has been extremely time
consuming not to mention frustrating. All of which
has taken away from the time I should have been
earning Porsche payments. The loss of income arising
out of this distraction has been material. And let's
not forget the 45 minutes at the accident scene.
I have obtained rental quotations from two companies which
offer rental cars such as mine. Included are copies of their
price lists for your perusal. I have calculated the damages
based upon the most competitive of the two bids and to this
has been added an amount to compensate for my time expended
and costs in dealing with this matter.
�.I
My over all claim against the City of Hermosa Beach at this
time is as follows:
Automobile Rental
2 months @ $10,000 per mo
10 days @ $499 per da
Miscellaneous
Cell phone loss of use
a) 2mo 18da, ultimately replaced
b) Reprogram (Assistant)
Horner loss of income
22 hours @ $65
$20,000.00
4,990.00
64.94
40.00
1,430.00
Total $26,524.94
I hope this claim can be settled amicably and in a timely
fashion. Kindly advise of procedure and time involved to
process such a claim.
PH:fp
enc
\misc-hb08187
September 10, 1997
Honorable Mayor and Members of
the Hermosa Beach City Council
Regular Meeting of
September 23, 1997
BROWNING -FERRIS INDUSTRIES TRANSFER OF FRANCHISE FROM
BROWNING -FERRIS INDUSTRIES OF CALIFORNIA, INC. TO BFI WASTE
SYSTEMS OF NORTH AMERICA, INC. (BFI WASTE)
Recommendation:
That the City Council approve the transfer of the agreement as requested to BFI Waste
Systems of North America, Inc. and direct the City Manager to execute the transfer
consent letter.
Background:
I have attached a letter from BFI requesting the transfer. The City's agreement and all of
its provisions will continue in full force and effect. The agreement provides that it can be
assigned with the consent of the City. This is really an internal reorganization and should
not have any impact on the City.
Resp-ctfully submitted,
Step ' en R. Burrell
City Manager
if
Henry E. "Chip" Scholz
Public Sector
Mr. Steve Burrell
City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
August 25, 1997
RE: AGREEMENT FOR SOLID WASTE AND RECYCLING COLLECTION,
TRANSPORTATION PROCESSING AND DISPOSAL SERVICES BETWEEN
1'HN; CITY OF HERMOSA BEACH, CALIFORNIA AND BROWNING -FERRIS
INDUSTRIES OF CALIFORNIA, INC., DATED JULY 27,1995
Dear Mr. Burrell:
Browning-Ferris Industries of California, Inc. (`BFICA")hereby requests that the City of Hermosa
Beach give written consent to the transfer of the above referenced contract to BFIWaste Systems
of North America, Inc., (13F1 Waste") a Delaware corporation. BFI Waste hereby agrees to
assume all of the existing obligations under the contract. It is desired to effectuate this transfer on
or before September 30, 1997.
This transfer is being requested as a result of BFI's internal efforts to consolidate it's U.S.
subsidiaries; however, the current management and operations of the various facilities will not be
affected by merger of BFICA into BFI Waste. We remain fully committed to servicing our
customers. Amended financial assurance as required under this contract will be provided prior to
the effective date of the merger.
Please confirm the city's written consent to the transfer by executing this letter on behalf of the
City of Hermosa Beach below and returning it to the following address:
Chip Scholz
Public Sector
P.O. Box 2438
Gardena, CA 90247
14905 S. San Pedro St. • Gardena, California 90248
Phone 310-323-2618 • Fax 310-323-6063
E-mail henry.scholz@bfi.com
30% Post -Consumer ®
Sincerely,
BFICA and BFI Waste Sy ems of North America, Inc.
Henry
Scholz,
Sector
AGREED AND ACCEPTED THIS
DAY OF ,1997
CITY OF HERMOSA BEACH, CA
BY:
TITLE:
September 10, 1997
Honorable Mayor and Members of
the Hermosa Beach City Council September 23 , 1997
RECOMMENDATION TO APPROVE PURCHASE OF PICKUP TRUCK
FOR THE POLICE DEPARTMENT (COMIVIUNITY SERVICES)
Recommended Action:
Staff recommends that the City Council reject the bid from South Bay Ford They did not submit a
responsible bid as the price quoted did not include the equipment specified.
Staff recommends that the City Council award a bid to Manhattan Ford of Manhattan Beach,
California for the purchase of a 1998 Ford Ranger pickup for the police department.
i
Regular Meeting of
Background:
The Community Services division of the police department requested to replace an aging 1987
Cushman bus used as a utility vehicle. The intent was to obtain a more efficient and economically
suited vehicle that would help Community Services complete it's mission.
Analysis:
We looked at what type of vehicle we would need to complete the wide range of duties the
Community Services Department handles. The cost of a new Cushman van is approximately
$23,000. The cost of a new Ford Ranger pick up is $20,098.78 (includes tax and documentation
fee). The Cushman van is limited to what it can carry and would not be as suited as the pickup
truck in bad weather.
The truck would be able to carry portable signs and barricades, remove large dead or injured
animals such as a sea lion from the beach. It would also be able to tow the Speed Monitoring
Trailer or a utility trailer as needed.
The bid from South Bay Ford did not include automatic transmission or equipment listed under the
XLT package in the bid proposal. The cost of these items brought the cost to 20,024 plus tax
$1,651 for a total $21,675.98.
Fiscal Impact:
$20,381 was reappropriated from the 1996-97 Budget to accommodate this purchase.
Respectfully/ubmitted, Concur:
!� -(444
Val Straser Stephen Burrell]
Chief of Police City Manager
Concur:
Viki Copeland
Finance Director
is
CITY OF HERMOSA BEACH -- BID OPENING LOG SHEET
Pro'ect Name:
Date: jt) /dE ( 2 ) (99
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Office of the City Clerk - 131 - Hermosa Beach, CA 90254
September 16, 1997
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council September 23, 1997
SUBJECT: STATUS OF 259 31ST STREET REMODEL PROJECT
Recommendation:
That the City Council receive and file this report
Background:
At the September 9, 1997 City Council meeting the Council directed staff to provide a
follow-up status report on the subject project due to the length of time the project had
been under construction. The property owner commenced with project .construction
without a building permit in March and the property was red -tagged. The owner then
submitted building plans to obtain a building permit. The plans were checked and returned
for correction in April. During the course of checking the plans it was discovered that the
owner required Planning Commission approval to construct an addition in excess of 50%
of the valuation of the existing structure: The project was calandered for Planning
Commission consideration in May and the owner obtained Planning Commission approval.
Subsequently the owner submitted construction plans to the Community Development
Department and the plans were resubmitted to the City's contract plan checker
on June 5, 1997. Two iterations of plan check corrections followed and one outstanding
correction remains regarding window openings too close to the property line.
Analysis:
In order to move the project forward, the plans have been approved (exclusive of
the disputed window openings on the westerly property line) and the project can now
commence. Staff is still investigating whether these windows can be permitted under the
"alternative methods, materials and design" provisions of the Uniform Building Code in
order to resolve the matter.
biti_abi.. ALAI.
Sol Blumenf: d, i rector
Community I evelopment Department
Concur:
Stephurrell,
City anager
F:/ status
ih
f
•••••-•'-' -
. •
ACTION SHEET.
AGENDA
PLANNING COMMISSION MEETING
CITY OF HERMOSA BEACH
CITY HALL COUNCIL CHAMBERS
September 16, 1997
7:00 P.M.
Peter Tucker
Rod Merl
Sam Perrotti
Ron Pizer
Carol Schwartz
Chairperson
Vice Chairperson
The Public Comment Is Limited to Three Minutes Per Speaker
1. Pledge of Allegiance
2. Roll Call
ALL PRESENT
Section I Consent Calendar
Any Planning Commissioner or public wishing to pull an item from below may request to do so at this time.
3. Approval of July 15, 1997 minutes
ACTION: APPROVED (4-0, COMM. MERL ABSTAINED).
4. Resolution(s) for adoption
a) Resolution P.C. 97-48 approving a Variance from parking (Sections 17.44.090(E) and
17.44.140) and rear yard (Section 17.16.050(B)) requirements to allow the expansion and
remodel of a single family residence to connect to an existing one -car detached garage, and
to deny a Variance request for open parking in the front yard at 439 8th Street.
b) Resolution P.C. 97-49 approving a Conditional Use Permit, Precise Development Plan,
and Vesting Tentative Parcel Map #24838 for a four -unit condominium at 937 1st Street.
c) Resolution P.C. 97-50 approving a Conditional Use Permit, Precise Development Plan,
and Vesting Tentative Parcel Map #24787 for a two -unit condominium at 1509 Manhattan
Avenue.
ACTION: APPROVED (4-0, COMM. MERL ABSTAINED).
5. Item(s) for consideration
NONE
Section II Oral / Written Communications
6. Anyone wishing to address the Commission regarding a matter not related to a public hearing on
the agenda may do so at this time.
NONE
Section III Public Hearing(s)
7. PARK 97-4 / PDP 97-13 / CUP 97-8 -- Conditional Use Permit, Precise Development Plan and
Parking Plan amendment for a drive-thru window at an existing coffee house to operate 5:00
a.m. - 10:30 a.m.; to allow the use of a parking aisle for a stacking lane for waiting vehicles
(thus reducing available parking); to allow additional outside seating; and to amend condition
no. 4 regarding posting of parking signs at Greenwood Park at 1100 Pacific Coast Highway.
Staff Recommended Action: To approve said. request.
ACTION: APPROVED WITH ADDITIONAL CONDITIONS (5-0).
8. GP 97-1 / ZON 97-1 / CON 97-2 / PDP 97-2 / SUB 97-1 / LLA 97-1 -- General Plan
amendment from CC (Commercial Corridor) to MD (Medium Density Residential) and Zone
Change from SPAT (Specific Plan Area No. 7) to R-2, Conditional Use Permit, Precise
Development Plan, Vesting Tentative Tract Map #52251 and Lot Line Adjustment, on the rear
portion of two commercial parcels fronting on Pacific Coast Highway (635 and 705 Pacific
Coast Highway) and including three lots on 6th Street, for a 24 unit condominium project taking
access from 6th Street, and Precise Development Plan to reconfigure the layout and increase the
Pacific Coast Highway frontage of the existing lumberyard, and adoption of an Environmental
Negative Declaration at 635 & 705 Pacific Coast Highway and 709, 721, and 723 6th Street.
Staff Recommended Action: To recommend approval of said General Plan Amendment and
Zone Change, and adoption of the Environmental Negative Declaration; also approve
Conditional Use Permit, Precise Development Plan, Subdivision and Lot Line Adjustment.
ACTION: A) APPROVED GENERAL PLAN AMENDMENT & ZONE CHANGE (4-0).
B) APPROVED PRECISE DEVELOPMENT PLAN - LEARNED LUMBER SITE (4-0).
C) APPROVED ALL DEVELOPMENT PERMITS - ANASTASI DEVELOPMENT -
WITH ADDITIONAL CONDITIONS AND REDUCTION OF NUMBER OF DWELLING
UNITS TO 20, 2ND ACCESS OFF 7TH STREET, MORE OPEN SPACE PLUS
GUEST PARKING. PLANNING COMMISSION RECOMMENDATION TO ADVISE
CITY COUNCIL TO CLOSE 6TH STREET TO COMMERCIAL THRU TRAFFIC (4-0).
COMM. MERL ABSTAINED FROM SUBJECT PROJECT.
9. VAR 97-6 -- Variance to exceed maximum 25' building height and to extend nonconforming
side yard at 2055 Circle Drive.
Staff Recommended Action: To deny the variance for the building height and approve the
extension to the nonconforming side yard.
ACTION: DENIED HEIGHT VARIANCE & APPROVED SIDE YARD EXTENSION (5-0).
10. CON 97-13 / PDP 97-12 -- Conditional Use Permit, Precise Development Plan and Vesting
Tentative Parcel Map #24824 for a two -unit condominium at 240 Monterey Boulevard
(continued from July 15, 1997 meeting).
Staff Recommended Action: To approve said request.
ACTION: APPROVED WITH ADDITIONAL CONDITIONS (5-0).
2
11. VAR 97-5 -- Variance to allow lot coverage to exceed 65% for the expansion of an existing
bathroom at 314 - 316 33rd Street (continued from July 15, 1997 meeting).
Staff Recommended Action: To approve said request.
ACTION: APPROVED (4-0, CHMN. TUCKER ABSTAINED).
12. CUP 97-7 -- Conditional Use Permit amendment to allow an outdoor automatic teller machine
in conjunction with a coffee house/snack shop at 1031 Hermosa Avenue.
Staff Recommended Action: To approve said request.
ACTION: APPROVED (4-1, CHMN. TUCKER NO).
13. SS 97-2 -- General Plan and zoning ordinance text amendment to add a manufacturing overlay
zone provision.
Staff Recommended Action: To recommend approval of said text amendment.
ACTION: APPROVED (4-1, COMM. SCHWARTZ NO).
Section IV Hearing(s)
14. S -4(m) -- Request for approval to allow a mural sign as an exception to sign area requirements
at 121 Pier Avenue, The Mix.
Staff Recommended Action: To approve said request.
ACTION: APPROVED WITH MODIFICATION (5-0).
Section V
15. Staff Items
a. Community Development Department Activity Report of May - July, 1997.
b. Tentative future Planning Commission agenda.
c. City Council Minutes of July 1, 8, 22 and August 12, 1997.
ACTION: RECEIVED AND FILED (5-0).
16. Commissioner Items
17. Adjournment
3
Honorable Mayor and City Council of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
RECEIVED
SEP 2 31997
CITY MGR. OFFICE
Re: Item (i) of the Consent Calendar. The recommendation to
receive and file action minutes from The Planning Commission
meeting of September 16, 1997. Item #8. GP 97-1/ ZON 97-1/
CON 97-2/ PDP 97-2/ SUB 97-1/ LLA 97-1. The Planning
Commission Handling of the said Anastasi Condo project.
Honorable Mayor and City Council of Hermosa Beach,
I request to have the following comments made part of the
administrative record in this matter.
I would respectfully submit to you that I object to the
Hermosa Beach City Council receiving and filing the Planning
Commission action minutes from Sept. 16th, 1997, Item #8. GP
97-1/ ZON 97-1/ CON 97-2/ PDP 97-2/ SUB 97-1/ LLA 97-1. There
were no public hearings with regard to the Condo project
taking it's access from 7th street. Past on to the City
Council without any type of public hearing, I believe this is
in violation of the Brown Act.
During the Planning Commission meeting on Sept. 16th 1997 the
Condo project proposal that was put to the public and
agendized and for an Initial Study prepared, which took
access from 6th street only. People spoke. The public hearing
was then closed.
The Planning Commission then pulled out a different plan (a
plan with access off of 6th st. and 7th st.) for
consideration amongst themselves and then adopted this plan
while preventing the public from commenting, even though
Steve Ashley asked to speak but was denied comment by the
Planning Commission.
The people of 7th street had been working with the city staff
and Anastasi to make this project work, we had many concerns
with an entrance off our street. These concerns were reduced
when the Precise Development Plan which was presented to the
Planning Commission initially took it's only access from 6th
street, not 7th street.
SUPPLEMENTAL 1@
INFORMATION i
Furthermore the people of 6th street are willing to accept
the one and only entrance to this project. In exchange they'
would ask to close off the top of 6th street. Draw a line if
you will between the commercial (Learned Lumber on the uphill
side) and residential (condo development on the down hill
side) sections.
The Project for the purpose of the California Environmental
Quality Act (CEQA) would appear to be significantly different
than the Project that was Agendized. The Project with access
on 7th street presents significant Environmental Impacts
which were not addressed in the Initial Study for the
Agendized Project. These include: Impact on infrastructure,
traffic on 7th street and also on Ardmore, parking on 7th
street and parking on Ardmore, parking in the Condo Project,
congestion, noise, crime, health and safety concerns. These
matters present great concerns for the local neighborhood and
the city prevented neighbors from any meaningful comment on
this Project.
The concerns:
#1 The 600% increase in Traffic on 7th street, we bought our
houses on a cul-de-sac not a condo development driveway.
#2 Parking, Parking, Parking on Ardmore and 7th street, also
there are not enough parking spaces in the complex itself.
#3 Parking and sight lines on Ardmore.
#4 Construction Traffic not being aloud on 7th street.
#5 Quality of Life! --please refer to CEQA 1502, The public
Agency has the Duty to minimize environmental damage and:
balance competing public objectives. Our objective is to
keep 7th street a Quiet dead end street and not a drive way
for condo complex.
#6 Density -to street & whole city, the infrastructure is at
maximum now.
#7 Entrance gates for condo project and how delivery trucks
will access condo's.
#8 The big (6 feet or so) grade difference from the project
site in relation to the residence at 650 7th street.
#9 Trash location inside complex and how this will be handled
#10 Crime
#11 Noise
f
With regard to mitigation of these matters, The Mitigation
Plan does not insure the following:
*A new sewer line is installed down 7th street with the
street repaved.
*New curb and gutter are installed on 7th street.
*Construction Traffic not being aloud on 7th street.
*Trash location inside complex and how this will be handled.
*Entrance gates for condo project and how delivery trucks
will access condo's.
In closing, the matter should return to the Planning
Commission because of violations of the Brown Act, Denial of
Due Process, Denial of Meaningful Public Comment on the "7th
street" Project, failure to fully compile with CEQA.
Thank you for allowing me to comment on this matter,
Scott Frantz
642 7th street
Hermosa Beach, CA 90254
Honorable Mayor and City Council of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
Re: Item (i) of the Consent Calendar. The recommendation to
receive and file action minutes from The Planning Commission
meeting of September 16, 1997. Item #8. GP 97-1/ ZON 97-1/
CON 97-2/ PDP 97-2/ SUB 97-1/ LLA 97-1. The Planning
Commission Handling of the said Anastasi Condo project.
Honorable Mayor and City Council of Hermosa Beach,
I request to have the following comments made part of the
administrative record in this matter.
I would respectfully submit to you that I object to the
Hermosa Beach City Council receiving and filing the Planning
Commission action minutes from Sept. 16th, 1997, Item #8. GP
97-1/ ZON 97-1/ CON 97-2/ PDP 97-2/ SUB 97-1/ LLA 97-1. There
were no public hearings with regard to the Condo project
taking it's access from 7th street. Past on to the City
Council without any type of public hearing, I believe this is
in violation of the Brown Act.
During the Planning Commission meeting on Sept. 16th 1997 the
Condo project proposal that was put to the public and
agendized and for an Initial Study prepared, which took
access from 6th street only. People spoke. The public hearing
was then closed.
The Planning Commission then pulled out a different plan (a
plan with access off of 6th st. and 7th st.) for
consideration amongst themselves and then adopted this plan
while preventing the public from commenting, even though
Steve Ashley asked to speak but was denied comment by the
Planning Commission.
The people of 7th street had been working with the city staff
and Anastasi to make this project work, we had many concerns
with an entrance off our street. These concerns were reduced
when the Precise Development Plan which was presented to the
Planning Commission initially took it's only access from 6th
street, not 7th street.
Furthermore the people of 6th street are willing to accept
the one and only entrance to this project. In exchange they
would ask to close off the top of 6th street. Draw a line if
you will between the commercial (Learned Lumber on the uphill
side) and residential (condo development on the down hill
side) sections.
The Project for the purpose of the California Environmental
Quality Act (CEQA) would appear to be significantly different
than the Project that was Agendized. The Project with access
on 7th street presents significant Environmental Impacts
which were not addressed in the Initial Study for the
Agendized Project. These include: Impact on infrastructure,
traffic on 7th street and also on Ardmore, parking on 7th
street and parking on Ardmore, parking in the Condo Project,
congestion, noise, crime, health and safety concerns. These
matters present great concerns for the local neighborhood and
the city prevented neighbors from any meaningful comment on
this Project.
The concerns:
#1 The 600% increase in Traffic on 7th street, we bought our
houses on a cul-de-sac not a condo development driveway.
#2 Parking, Parking, Parking on Ardmore and 7th street, also
there are not enough parking spaces in the complex itself.
#3 Parking and sight lines on Ardmore.
#4 Construction Traffic not being aloud on 7th street.
#5 Quality of Life! --please refer to CEQA 1502, The public
Agency has the Duty to minimize environmental damage and
balance competing public objectives. Our objective is to
keep 7th street a Quiet dead end street and not a drive way
for condo complex.
#6 Density -to street & whole city, the infrastructure is at
maximum now.
#7 Entrance gates for condo project and how delivery trucks
will access condo's.
#8 The big (6 feet or so) grade difference from the project
site in relation to the residence at 650 7th street.
#9 Trash location inside complex and how this will be handled
#10 Crime
#11 Noise
With regard to mitigation of these matters, The Mitigation
Plan does not insure the following:
*A new sewer line is installed down 7th street with the
street repaved.
*New curb and gutter are installed on 7th street.
*Construction Traffic not being aloud on 7th street.
*Trash location inside complex and how this will be handled.
*Entrance gates for condo project and how delivery trucks
will access condo's.
In closing, the matter should return to the Planning
Commission because of violations of the Brown Act, Denial of
Due Process, Denial of Meaningful Public Comment on the "7th
street" Project, failure to fully compile with CEQA.
Thank you for allowing me to comment on this matter,
Steve Ashley
647 7th street
Hprmo Beach, CA 90254
f'
September 10j, 15197
Honorable Mayor and Members
of the Hermosa Beach City Council
City Council Meeting
of September 23, 1997
PUBLIC HEARING FUNDING CITIZEN'S OPTION
FOR PUBLIC SAFETY (COPS) PROGRAM
The Citizen's Option for Public Safety is funded for another year. Staff has provided a detailed
description of items on the request list from the Chief of Police (Attachment B).
It is recommended that City Council:
1. Use State funding under the Citizen's Option for Public Safety (COPS) Program for local
police and crime prevention programs.
2. Approve expenditure request list from Chief of Police in the amount of $46,737.00.
Appropriate $14,801.00 ($31,936 was already appropriated in the 97/98 budget).
3. Retain the supplemental law enforcement service fund (SLESF) established through
Finance last year.
BACKGROUND:
The COPS Program has been funded through the year 2000. Each year the Hermosa Beach Police
Department will receive $43,470.00. Each year will require a new appropriation for continued
funding. The COPS Program provides funding for local agencies for the purpose of ensuring
public safety.
The State Controller shall allocate funds to each county by September 15, 1997. The funds in each
county shall be allocated to cities by October 15, 1997. Each city must establish a Supplemental
Law Enforcement Services Fund (SLESF) for deposit of the funds received from the county. •
Seventy-five percent of the funds will be allocated to the county and cities with the county for front
line municipal police services. Those funds shall be allocated based on population. The
population for the county shall be the unincorporated area less the population in the eligible special
districts.
The funds must be used for front line municipal police services and must supplement and not
supplant existing funding for front line municipal police services. Front line law enforcement
services include anti -gang and community prevention programs.
The city council shall hold a public hearing in September of each year starting in 1996 to consider
these requests. Funding will be determined by a majority vote of those present at the council
meeting within 60 days of receiving the request for funding. The city council must consider these
written requests separate and apart from the proposed allocations from the city general fund.
Each county must establish a Supplemental Law Enforcement Services Fund (SLESF) for deposit
of the funds received from the State Controller. The county must request the funds after
establishing the SLESF and an oversight committee (details on the oversight committee included
below). The State Controller shall allocate the funding to each county no later than September 15,
1997.
Use of Funds
Cities are required to appropriate COPS revenues to fund front line municipal police services.
Front line law enforcement services include anti -gang and crime prevention programs. These funds
shall be appropriated pursuant to written requests from the chief of police or the chief
administrator of the law enforcement agency that provides police services for that city. The
request shall specify the front line law enforcement needs of the requesting entity including the
personnel, equipment and programs that are necessary to meet those needs. The revenue shall
"supplement existing services" and shall not be used to supplant, and existing funding for law
enforcement services provided by that entity.
The allocation may not be used to fund the costs of capital project or construction project that does
not directly support front line law enforcement services. The city shall not be allowed to alter any
previous appropriations by that body for the same fiscal year.
ANALYSIS:
Staff has prepared a needs assessment and request list in order to improve our local front line law
enforcement services. (Attachment A.)
FISCAL IMPACT:
The appropriation of $46,737 of COPS state revenue funding towards front line law enforcement
services. Moneys in this fund shall not be transferred to, or intermingled with any other fund in the
city. The treasurer of each city shall yearly detail and summarize allocations from the city's fund
in a written, public report tiled with the supplemental law enforcement oversight committee, the
city council, and the police chief.
Respectfully submitted,
VAL STRASER, STE BURRELL
City Manager
Chief of Police
Noted for Fiscal Impact:
VIKI COPELAND
Finance Director
HERMOSA BEACH POLICE
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 18, 1997
Chief Straser
A/Lt. Tom Thompson
Citizens' Option for Public Safety (COPS) Request
Governor Pete Wilson signed legislation funding the COPS (Citizens' Option for
Public Safety) program through the Year 2000. The fund w
a high degree of flexibility and assurance as t� determine how best to meet their most
pressing public safety needs.
I am requesting the COPS funds be used to purchase the following items:
South Bay Youth Project
Impact Weapons Program Equipment
Weaponless Defense Equipment
Firearms Training Equipment
Entry Team Equipment
AR -15 Rifles, magazines, and Ammunition
Improvements to Jail
Roadspike (Anti -pursuit systems)
Identi-kit computer software
Crime Prevention pamphlets, child id kits, etc.
Traffic Office Upgrade
Code 3 packages for detective units
Trauma kits for officers and Emergency Response Team
Carrying cases for portable television
$ 3,000.00
$ 1,200.00
$ 250.00
$ 2,500.00
$ 2,940.00
$12,445.00
$ 9,800.00
$ 2,000.00
$ 2,500.00
$ 2,600.00
$ 3152.00
$ 3,000.00
$ 1,200.00
$ 150.00
TOTAL ($2,741.87 carried over from 96/97 budget year) $46,737.00
HERMOSA BEACH POLICE
MEMORANDUM
DATE: September 18, 1997
TO: Val Straser, Chief of Police
FROM: Tom Thompson, A/Lt. Support Services Division
RE: Request List for COPS Program
The following is an explanation of the items requested for the COPS
Program:
South Bay Youth Project - The South Bay Youth Project assists youths
and parents through
• Individual and family counseling
• School based counseling
• Parent Education
• Positive Altemative Activities
($3,000)
Impact Weapons Program Equipment - We will purchase a protective suit, striking pads, and
foam sticks to be used to train officers on impact weapons tactics and deployment. Training
will be conducted in-house by Officer Scheid who is qualified as an instructor ($1,200).
Weaponless Defense Equipment - We will purchase blunt knifes and simulated guns to train
officers on weaponless defense tactics. Officer Charles is qualified as an instructor and will
conduct in-house training ($250.00).
Firearms Training Equipment - The range master is buying simunition to train officers in a
more real atmosphere. Four .45 caliber conversion kits, Four .38 caliber conversion kits, one
remington shotgun conversion kit, one HK MP -5 conversion kit, eight personal protection kits
wom during training, and simunition ammo ($2,500).
Entry Team Equipment - We will purchase a 308 sniper rifle with case and scope to be
deployed by the Entry Team in tactical situations. In addition we will purchase communications
gear, CS gas, less than lethal projectiles, and gloves for the team ($2,940).
AR -15 Rifles, magazines, and ammunition - These weapons are going to be deployed in
patrol vehicles. The rifles will be deployed in tactical situations where there is an armed
barricaded suspect, suspects that are using body armor, or other situations authorized by the
Watch Commander ($12,445).
Improvements to Jail - The jail only has one cell that female prisoners can use. This causes
a logistics problem when we have more than one female and one is under the influence of
alcohol and/or drugs. There are situations where we want to separate female prisoners due to
gang affiliation or medical reasons. The solution is to convert a storage room into a female
drunk tank. The conversion would be to install a toilet and sink in the room to comply with jail
regulations ($9,800).
Roadspike - This a retractable barrier strip to be used by police in stopping high speed vehicle
pursuits. It is designed to be deployed across highways in advance of speeding vehicles. It
has a row of spikes that elevate and retract. When deployed, the tires of a fleeing car or truck
are punctured, resulting in a controlled deflation and vehicle stop. The Roadspike can be used
so that only the target vehicle is impacted, not the vehicle before or after it ($2,000).
ldenti-kit computer software - This software will allow officers and detectives to put together
a computer generated composite of suspects wanted in crimes. Currently we have a manual
system that is limited to what it can show. The computer system has a larger base of
possibilities that can be used to give us a more accurate depiction of the suspect. A picture is
more valuable in locating a suspect than just a description ($2,500).
•
Crime Prevention pamphlets, child id kits, etc. - We need to replenish our supply of
pamphlets and child id kits for the display unit, front lobby and city hall ($2,600).
Traffic Office Upgrade - We have added two new motor officers to the traffic bureau. We
need to paint and re -carpet the traffic office along with adding office equipment and lockers
($3,152.00).
Code 3 Packages for Detective Units - We have several detective and command vehicles
that are not equipped with red lights and sirens. This equipment is necessary for responding
to emergency calls for assistance or tactical responses ($3,000).
Trauma Kits for officers and Emergency Response Team - There are no first aidkits in
patrol vehicles or carried by our emergency response team. We want to have the ability to
administer first aid to an officer or citizen that has a bullet wound or other serious injury. The
few minutes it takes for paramedics to get on scene can be crucial. All officers would be
issued personal kits and have CPR and first aid training to give this aid ($1,200).
Carrying cases for portable televisions - Two small 5" color televisions were purchased on
last years grant. We need two carrying cases for the televisions to protect them as they will be
stored in the trunks of vehicles ($150).
2
September 16, 1997
Honorable Mayor and Members of
The Hermosa Beach City Council
Regular Meeting of
September 23, 1997
SKATEBOARD SUBCOMMITTEE REPORT
BENZ / OAKES
Recommendation
It is recommended by staff that Council:
1. Review the subcommittee's recommendation to locate a skateboard track on the
northeast corner of South Park; and
2. Approve a location and direct staff to develop a feasibility plan for the project.
Background
At the April 8, 1997 meeting, Council approved the concept of working with the City of
Redondo Beach to build a joint skateboard track at the Redondo Beach Triton Oil site. In
addition, Council appointed a subcommittee to work with the Commission to identify a
site for a track in Hermosa Beach.
The City of Redondo Beach rejected the idea of a track at the Triton Oil Site, making a
local track a more promising alternative at this time.
The City Council (Benz and Oakes) and Parks and Recreation Commission (Aronoff)
Subcommittees met on August 26, 1997 to identify a location and conceptual program for
the proposed skateboard track.
Analysis
The subcommittee examined a proposal for a recreation program featuring portable
obstacles and determined that a permanent site would be more cost effective and
favorable to skateboarders.
The subcommittee identified two potential sites for a permanent track: (a) the private
property located behind the Community Center (on 11th Place west of USA Gasoline),
and (b) South Park at the northeast corner, adjacent to the parking lot, hockey rink, and
Body Glove building (the grassy area currently occupied by a volleyball court).
It is clear that the most difficult aspect of this project has been identifying an appropriate
site in the City. The first site suggested by the Council subcommittee was eliminated
from consideration due to its location (too close to residential), small size and prospective
cost.
The South Park alternative was selected because it is.located in the least residentially
sensitive area of the Park (noise from the track would impact the adjacent industrial area
and to a lesser degree, Loma Drive residents who are perched above the Hockey Rink).
The track would be visible from the street and parking lot, which is good for supervision
and policing.
The additional intensive use of this park may prove to have a negative impact on the
limited parking but may also encourage more local use of the track. Furthermore, the
proximity of the track to the Roller Hockey rink may encourage use of the facility by
skateboarders and in-line skaters alike, both who enjoy obstacles for skating. It is also
noteworthy that South Park is not lighted for night use, making the prospective
skateboard track hours limited to day use.
Wishing to retain some flexibility with the permanent site, the subcommittee suggested
that allowing skateboarders to design and build their own temporary obstacles within the
track area might be an innovative way to keep the facility vital and interesting to the
skaters. The proposed site is relatively small (4,550 square feet, which compares to
smaller tracks located in other cities) and could be designed as a basic skeleton, offering
limited obstacles (e.g., stairs and railings) to "get the track started," leaving the center
area available for a temporary structure(s).
The facility could also be designed to serve a second function (e.g., a wading pool or
people sprinkler area) should the skateboard track outgrow the site and/or be less
successful than anticipated. To that end, staff has prepared a preliminary sketch for the
purposes of conceptual discussions for the South Park site (Attachment A).
Once Council approves a location for the track, staff will return with a more detailed
report that will consider: (a) design, (b) input from the neighborhoods and skateboarders,
(c) safety issues, (d) liability, and (e) costs.
Other alternatives available to Council include:
1. Identify an alternative location for the track
2. Request additional information.
3. Receive and File
Respectfully Submitted,
AIMIPP
Mary . A ney
Co
Concur:
Steph Uturrell
unity Resources Director City Manager
Partial Plan
South Park/Skateboard Park
Option to use as toddler wading pool
Planting
Screen
(Roller Hockey
Cypress Avenue
Concept Flan
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Screen
Dear Mayor and Council Members:
We, the undersigned are opposed to the addition of a skateboard facility at South Park. An
activity such as this with increased noise levels, increased parking demands and increaped
maintenance and security requirements is not in keeping with the Park's envisioned purpose as a
passive neighborhood park. We recognize the expressed need for a facility and request other
more appropriate locations be explored.
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passive neighborhood park. We recognize the expressed need for a facility and request other
more appropriate locations be explored.
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Dear Mayor and Council Members:
We, the undersigned are opposed to the addition of a skateboard facility at South Park. An
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Dear Mayor and Council Members:
We, the undersigned are opposed to the addition of a skateboard facility at South Park. An
activity such as this with increased noise levels, increased parking demands and increased
maintenance and security requirements is not in keeping with the Park's envisioned purpose as a
passive neighborhood park. We recognize the expressed need for a facility and request other
more appropriate locations be explored.
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Dear Mayor and Council Members:
We, the undersigned are opposed to the addition of a skateboard facility at South Park, An
activity such as this with increased noise levels, increased parking demands and increased
maintenance and security requirements is not in keeping with the Park's envisioned purpose as a
passive neighborhood park. We recognize the expressed need for a facility and request other
more appropriate locations be explored.
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Honorable Mayor and Members of
the Hermosa Beach City Council
_ JCS.3
6 Q V a( L�.t
. 11 ¢— to elh7, 1997
G-;23-97
Regular Meeting of
September 23, 1997
PARKING STRUCTURE - DESIGN STATUS
Recommendation:
1. Receive presentation by the Parking Structure design team for alternative colored tiles for use in
the pedestrian areas.
2. Review strategies for the preparation of plans and specifications by Gordon Chong and
partners for reconstruction of Street and sidewalks at Thirteenth Street, to include sidewalks
on north side of Thirteenth Street. This work is not a part of the current contract.
3. Allocate $18,000 from CIP 96-624 fund for the design work of the street right-of-way at
Thirteenth Street.
Background:
On August 12, 1997 the City Council approved design for the Lot C parking structure: materials
approved were the fiberglass composite exterior material, the girded opaque glazing, the swirl
pattern tile, stainless steel signage and obscured glass for office. The City Council also directed
the design team to proceed with preparation of construction documents based upon approved
concept.
Analysis:
Gordon Chong and partners will present to City Council material samples, per the approved
design.
Respectfully submitted,
Homayoun Behboodi
Assistant Engineer
Fiscal Impact
Viki Copeland
Finance Director
srl.f.b95.pwfiles.ccitems.pkstruc
Concu
ArAw
Stephen `'. Burrell
City Manager
September 18, 1997
Honorable Mayor and Members of
the Hermosa Beach City Council
Regular Meeting of
September 23, 1997
ENCROACHMENT STANDARDS FOR LOWER PIER AVENUE
Recommendation:
That the City Council review the encroachment standards for Lower Pier Avenue and
provide direction to staff.
Background:
The encroachment standards were reviewed by the City Council on May 27, 1997. These
became the Outdoor Dining Standards that were adopted following the public hearing on
May 27, 1997. The guidelines have generally been followed by restaurants that have
obtained their permits. Eleven (11) permits have been issued. It appears that four (4)
operate without the permit and received a letter from the City explaining that they needed
to get a permit or stop using the area. In addition to following the guidelines, the
businesses with the permits pay 50¢ per square foot and provide insurance coverage.
The retail usage of the sidewalk was not addressed or approved by the City Council in the
Outdoor Dining Guidelines. No provision was made for this additional usage in the
information that the City Council considered in May. In the event that the usage would
be expanded to include the retail area, staff would need to review the parking
requirements.
espectfully submitted,
Ste •' R. urrell
City Manager
Attachment: Outdoor Dining Standards
17.
1 -
City o f21ermosaTeacly
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885
June 17, 1997
Lower Pier Avenue Business Owners/Managers
Enclosed are the following materials regarding the Pier Avenue Outdoor
Dining Encroachment Process:
A. Listing of City Processes
B. City of Hermosa Beach Commercial Outdoor Dining
Encroachment Permit and Covenant
C. Ordinance No. 97-1171 of the City of Hermosa Beach
D. Outdoor Dining Standards and Procedures for Pier Avenue
E. Hermosa Beach Municipal Code Chapter 12.16
Please attend a meeting to discuss the above matters:
Date and Time: Tuesday, June 24, 1997, 8:00 AM
Location: Patrick Molloy's, 50 Pier Avenue
Subject: Pier Avenue Outdoor Dining Permits
Questions will be answered at the meeting, or phone me prior to the
June 24th meeting at (310) 318-0211 to place issues for discussion on this
agenda.
Sincerely,
Amy Amirani
Director of Public Works
Enclosures
outdin ttr
Encroachment Permit Process
Pier Avenue Outdoor Dining
I. CITY PROCESS
A. First Submittal
1.Submit check for $313.90 for the Encroachment Permit
Application Fee.
2.Complete Encroachment Permit Application.
3.Submit scale plan of proposed outdoor dining area delineating
number of tables and design of barriers if necessary.
4.Submit Insurance documents.
5.Public Works to determine amount of maintenance deposit.
B. Final Approval
1.Submit check for maintenance deposit.
2.Make changes to plan as required by Public Works.
3.Submit a check for the 1st Quarter's Permit Fee.
II. ABC PROCESS
CITY OF HERMOSA BEACH
OUTDOOR DINING STANDARDS AND PROCEDURES
FOR PIER AVENUE
INTRODUCTION
A. The Outdoor Dining Standards and Procedures were developed to encourage
appropriate outdoor activities in the public right-of-way, to ensure that the space
used for outdoor dining in the public sidewalk will, at all times, serve a public
purpose, and to ease the process for obtaining permission to operate an outdoor
dining facility. Outdoor dining on the public sidewalk may occur only pursuant to
an Outdoor Dining Encroachment Permit.
B. An outdoor dining area is a place on the public sidewalk where patrons may
consume food and/or beverages provided by an adjacent food service
establishment. Such establishments may either provide table service in the outdoor
dining area or sell take-out items consumed in the outdoor dining area.
C. Establishments serving alcoholic beverages that apply for an Outdoor Dining
Encroachment Permit shall meet the additional requirements of the State of
California Alcohol Beverage Control Board.
D. These standards and procedures regulate the design and operation of outdoor
dining areas in Hermosa Beach. However, they do not provide information on all
the government agency requirements for starting a new restaurant or expanding an
existing one. Business owners must secure the appropriate licenses and permits
from the State Alcohol Beverage Control Board, Los Angeles County Health
Department, the City of Hermosa Beach Community Development Department
and Business License Office.
E. Outdoor Dining Encroachment permits are not transferable, salable, delegable or
assignable. In the event of a transfer of the business, to the extent of 51% or
more, the transferee shall apply to the Public Works Department for a new
Encroachment Permit.
F. These regulations do not apply to outdoor dining on private properties.
II. APPLICATION PROCEDURE
A. An application form for an Outdoor Dining Encroachment Permit may be obtained
from, and should be returned to, the Public Works Department.
B. An application fee in an amount determined by resolution of the City Council shall
be paid at the time the application is submitted to the Public Works Department.
The Applicant shall obtain and maintain in force during the life of the Outdoor
Dining Encroachment Permit comprehensive general liability, broad form property
damage and blanket contractual liability insurance in a combined single limit
amount, per claim and aggregate, of at least one million dollars ($1,000,000)
covering the applicant's operations on the sidewalk. Such insurance shall name,
on a Special Endorsement form, the City, its elected, appointed boards, officers,
agents and employees as additional insureds. A Certificate of Insurance shall
contain provisions that prohibit cancellation, modification, or lapse without thirty
(30) days prior written notice to the City. Both the Certificate of Insurance and
the completed standard Special Endorsement form shall be submitted with the
completed application for an Outdoor Dining Encroachment Permit.
The Applicant shall obtain and maintain in force during the life of the Outdoor
Dining Encroachment Permit Worker's Compensation insurance with statutory
limits, and employer's liability insurance with limits of not less than one million
dollars ($1,000,000) per accident.
E. Public Works Department staff shall obtain the concurrence of the Community
Development Department before approving any Outdoor Dining Encroachment
Permit. If there are any problems with the application, Public Works staff shall
assist the applicant in resolving them.
F. The Director of Public Works is authorized to approve an outdoor dining
application and to execute an Outdoor Dining Encroachment Permit on behalf of
the City. The Encroachment Permit will specify the amount of the Outdoor Dining
License fee to be paid by the applicant in accordance with resolution by the City.
Council.
G. A maintenance deposit, in an amount determined by the Public Works Director to
be adequate to pay for the replacement of the sidewalk paving and any fixtures
within the outdoor dining area, shall be paid to the City at the time the Outdoor
Dining Encroachment Permit is executed. It is the responsibility of the Applicant
to maintain sidewalk paving and fixtures within the outdoor dining area in the
condition they are in at the time of permitting. The Applicant shall be responsible
for any repairs required as a result of the Applicant's use of the area. Upon
termination of the Permit and inspection of the paving and fixtures by the Public
2
Works Department, the deposit shall be refunded to the Applicant less any offset
for repairs.
H. An application for renewal of an Outdoor Dining Encroachment Permit may be
submitted to the Public Works Department on a form obtained from the Director.
The application must be filed with the Public Works Department no later than
thirty (30) days prior to the expiration of the existing Outdoor Dining
Encroachment Permit. Upon determination by the Director that the Permit should
be renewed, the Applicant shall pay the annual fee as determined by resolution of
the City Council.
A plan delineating the encroachment area and the layout of furnishings and
amenities will be required to be submitted with each application for an Outdoor
Dining Encroachment Permit. The plan should specify and comply with a minimum
occupant load requirement of 15 square feet per occupant.
III. OUTDOOR DINING SITES
A. The encroachment area shall be thirteen feet.(13'),-maximum and in no case
does it not provide for five feet (5') pedestrian access. A clear, continuous
pedestrian path not less than five feet (5') in width shall be required for pedestrian
circulation outside of the outdoor dining area, provided that the Director of Public
Works may require more than five feet (5') to protect the public safety. As used
herein, pedestrian path means a continuous obstruction -free sidewalk area, paved
to City standards, between the outside boundary of the dining area and any
obstruction, including but not limited to parking meters, street trees, landscaping;
street lights, bus benches, public art, and curb lines.
B. When an outdoor dining area is located on a corner, the outdoor dining area shall
not be permitted within five feet (5') of the corner of the building, along both
frontages. When an outdoor dining area is located adjacent to a driveway or an
alley, the outdoor dining area shall not be permitted within five feet (5') of the
driveway or alley. These requirements may be modified at the discretion of the
Director of Public Works in locations where the sidewalk adjacent to the proposed
outdoor dining area is wider than usual or where the perimeter of the building has
an unusual configuration.
C. The outdoor dining area shall be accessible to the disabled. The buildings adjacent
to these dining areas shall maintain building egress as defined by the Uniform
Building Code and State of California Title 24 Disabled Access Standards.
D. The final location and configuration of the outdoor dining area shall be subject to
approval by the Director, who shall consider public safety issues unique to the
pedestrian and vehicular needs of the specific location.
No underground utilities are permitted within the encroachment area.
IV. DESIGN STANDARDS
A. Establishments that serve alcoholic beverages in the outdoor dining area shall
provide a physical barrier that meets the requirements of this document and of the
Alcohol Beverage Control Board. (It is the responsibility of the applicant to
research and verify design compliance with the Alcohol Beverage Control Board
prior to filing an application for an Outdoor Dining Encroachment Permit.)
B. No barrier shall be required if the applicant proposes to limit the outdoor dining
area to one row of tables and chairs abutting the wall of the establishment and if no
alcohol will be served.
Barriers shall conform to the Public Works Director's installation standards and be
removable. Barriers need not be removed each evening, but shall be capable of
being removed; if imbedded into the pavement they must be fixed through the use
of recessed sleeves and posts, otherwise by wheels that can be locked into place or
weighted in place.
D. Any modification to the surface of public sidewalks, such as borings for recessed
sleeves, shall be approved by the Director. In no case shall there be any
modification to the existing sidewalk surface.
E. Barriers shall be able to withstand inclement outdoor weather and one hundred
(100) pounds of horizontal force at the top of the barriers when in their fixed
positions.
F. The height of any barrier shall not exceed three feet six inches (3'6").
G. The use of awnings or umbrellas over the outdoor dining area is permitted,
provided they do not interfere with street trees. No portion of an awning or
umbrella shall be less that eight feet (8') above the sidewalk. Umbrellas must be
contained within the encroachment area. Awnings may extend up to
six feet six inches (6' 6") from the building front or cover up to fifty percent (50%)
of the outdoor dining area, whichever is less. A building permit must be obtained
prior to installation of an awning.
4
H. Outdoor lighting fixtures should complement the style of the building. Lighting
fixtures shall not be glaring to pedestrians on the adjacent right-of-way, and shall
illuminate only the outdoor dining area. • Outdoor lighting may be installed on the
facade of the building. Lighting shall be installed by a licensed electrician and
requires an electrical permit from the Building and Safety Division.
I. Tivoli lights, table lamps and candles are encouraged. The use of any candles shall
comply with State of California Fire Code and applicable City of Hermosa Beach
requirements.
J. An Historic Preservation Certificate of Appropriateness shall be required prior to
attaching any lights, awnings, or physical barriers to an historic structure that has
been designated "landmark" or "significant" by the City Council.
K. Flowering plants are encouraged.
V STANDARDS OF OPERATION
A. Restaurant management is responsible for running and operating the outdoor
dining area and shall not delegate or assign that responsibility. Outdoor dining
areas shall be continuously supervised by management. Patrons are prohibited
from disturbing customers or passersby on the adjacent right-of-way by loud,
boisterous, and unreasonable noise, offensive words or disruptive behavior.
B. Restaurant management shall keep the outdoor dining area clear of litter, food
scraps, and soiled dishes and utensils at all times. Trash receptacles shall be
provided in outdoor dining areas used for consuming take-out items.
C. When the establishment stops serving for the day, further seating in the outdoor
dining area shall be prohibited and the outdoor dining area must close when those
patrons already seated in it leave.
D. At the end of each business day, establishments are required to clean (sweep and
wash) the area in and around the outdoor dining area and remove the debris to a
closed receptacle. No debris shall be swept, washed, or blown into the sidewalk,
gutter or street.
E. If disposable materials are used, the establishment shall comply with all applicable
City recycling programs.
Plants shall be properly maintained and stressed or dying plants shall be promptly
replace. Because plant fertilizers contain materials that can stain the pavement,
water drainage from any plants onto the adjacent right-of-way shall not be
allowed. Potted plants shall have saucers or other suitable systems to retain
seepage and be elevated to allow for air flow of at least one inch (1") between
saucer and sidewalk.
G. Awnings and umbrellas shall be washed whenever they are dirty and, in any event,
no less than two times each year.
H. All plans and permits for the outdoor dining area approved by the City shall be
kept on the premises for inspection at all times when the establishment is open for
business.
I. Outdoor dining areas shall be operated in a manner that meets all requirements of
the Los Angeles County Health Department and other applicable regulations.
J. Unamplified musical instruments or sound reproduction systems are permitted in
outdoor dining areas, but shall be maintained at sufficiently low volumes so as not
to unduly intrude on neighboring businesses, residents, or users of the public right-
of-way beyond the outdoor dining area.
K. Upon termination of the Outdoor Dining Encroachment Permit, the Permittee shall
immediately remove the barriers around the outdoor dining area, return the
sidewalk to its original condition, and remove all personal property, furnishings,
and equipment from the sidewalk. Any personal property remaining on the
premises shall be removed pursuant to the laws of the State of California.
L. All existing CUP provisions for the adjoining commercial establishment shall
be enforced within the encroachment area. Noise, hours of operation and other
city requirements shall be strictly enforced as if the encroachment area were an
extension of the permittees place of business. If the encroachment permit
requirements should not agree with the CUP requirements the stricter of the two
requirements shall prevail.
6
M.
The allowable hours of operation within the outdoor encroachment area shall be
consistent with the CUP requirements for a particular permittee. City Council will
have the option to extend these hours for special events.
VI. ENFORCEMENT
A. Notice of violation of the outdoor dining design standards or standards of
operation shall be made in writing to the Permittee by any Code Enforcement
Officer, Public Works Inspector or Building Inspector of the City. A copy of the
notice shall be filed with the Public Works Director. The Permittee shall
immediately cure the violation upon receipt of notice. If the violation is not cured
within ten (10) days after issuance of the notice to the Permittee, the Director may
suspend or revoke the Encroachment Permit.
B. The City retains the right to revoke an Outdoor Dining Encroachment Permit upon
thirty (30) days notice, regardless of compliance with these provisions. Any
Encroachment Permits revoked can be appealed to the City Council per the
provision of Chapter 12 of the Hermosa Beach Municipal Code.
bcicloutdin2.doc
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ORDINANCE NO. 97-1171
AN ORDINANCE OF TI31, CITY OF HERMOSA BEACH, CALIFORNIA,, TO
AMEND THE COMMERCIAL LAND •USE REGULATIONS FOR OUTDOOR
USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM LH N:
REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF
AN ENVIRONMENTAL NEGATIVE DECLARATION
W H }REAS, the City Council held a public hearing on May 29, 1997, to consider the
recommendation of the Planning Commission on the subject text amendment and made the
following Findings:
A. The current list of permitted uses lists restaurants and snack shops, however, Sectior
17.26.050 requires that outdoor uses are permitted by a Conditional Use Permit;
B. The establishment of outdoor dining for restaurants with frontage on Pier Avenue is one
of the primary objectives of the Downtown Improvement Project involving severa
restaurants, and should be encouraged by minimizing the time and expense for obtaining
approval to occupy outdoor areas;
C. The C.U.P. requirement for outdoor uses is for the purpose of addressing potential sit
specific concerns relating to potential nuisances from noise, and/or aesthetic concern
depending on the location of such uses;
D. However, all the proposed outdoor dining establishments on Pier Avenue are s'unilar:
situated and face similar issues relating to off-site impacts, aesthetics, and parking, ar
therefore, do not need such site specific review. Further, they will almost exclusively t
located on the public right-of-way and be subject to uniform standards for developme
and operation through their required Encroachment Permits which will mitigate al
potential off-site impacts in a uniform and equitable manner,
E. The City Council concurs with the Planning Commission and with the St,
Environmental Review Committee's recommendation, based on their environmen
assessment/uiitial study, that the outdoor dining program, including this text amendme
amendments to the Streets and Sidewalk portion of the Municipal Code, and the Park
Plan, with the mitigating conditions included in the conditions of the Parking Plan,
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result in a less than significant impact on the environment, and therefore qualifies for E
Negative Declaration.
NOW, 'THEREFORE, the City Council City of Hermosa Beach, California, does hereb3
ordain that the zoning ordinance text be amended as follows
SECTION 1. Amend Section 17.26.050 (B) as follows, by amending sub -section 2 foi
clarification purposes, and adding sub -section 5:
"B.
Enclosures. All uses shall be conducted wholly within a building enclosed on all sides
except for the following:
1. Outdoor uses may be permitted by Conditional Use Permit for uses listed as state(
in the permitted use list;
2. Commercial parking lot;
3. Uses incidental to a use conducted primarily within a building located on th
premises; provided, that such incidental uses are not conducted in whole or in par
on sidewalks, public ways or within any required front or rear yard; and provided
further, that such incidental uses are of a type which cannot be economically o
practically conducted within buildings. Where incidental uses are not conclude
within a building, no part of the area devoted to the incidental uses shall b
considered as part of the required parking facilities. All outdoor storage or activitie
shall be substantially screened from public visibility, public streets, parks or oth(
public places, and properties;
4. Temporary outdoor merchandise display and outside dining in conjunction with
temporary outdoor event such as a sidewalk sale, authorized by the City Council l
special permit as set forth in Section 12.12.070.
5. Outdoor dining or seating located in front of a restaurant or snack shop located (
Pier Avenue, authorized by an Encroachment Permit for use of the public right-(
way obtained pursuant to Section 12.16.090 of the Municipal Code, which m
include sales and consumption of alcohol in outdoor dining areas in conjuncti
with a Conditional Use Permit for on -sale alcohol within the indoor premises of t
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restaurant, subject to approval of the State Alcoholic 'Beverage Control
Department."
SECTION 2. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption,
the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the.City of Hermosa Beach in the manner provides'
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and. ADOPTED this 10th day of June by the following vote:
AYES:
NOES:
ABSTAIN:
AB SENT:
Benz, Bowler, Edgerton, Oakes, Mayor Reviczky
None
None
None
PRESIDENT of th ity Council and OR of the City of Hermosa Beach, California
ATTEST:
APPROVED AS TO FORM:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 97-1171 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting
held at the regular meeting place thereof on the 10th day of June, 1997, and was published in
the Easy Reader newspaper on June 19, 1997.
The vote was as follows:
AYES: Benz, Bowler , Edgerton, Oakes, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
Deputy City Clerk
Chapter 12.16
ENCROACHMENTS
Sections:
12.16.010 Definitions.
12.16.020 Permit required.
12.16.030 Commencement of work without
permit.
12.16.040 Authority to grant.
12.16.050 Residential encroachments.
12.16.060 Commercial encroachments.
12.16.070 Findings necessary to grant an
encroachment.
12.16.080 Guidelines and conditions for
approval.,
12.16.090 Commercial outdoor dining.
12.16.100 Mandatory conditions imposed
upon all encroachments.
12.16.110 Application procedure.
12.16.120 Maintenance of encroachment.
12.16.130 Nonconformance of encroach-
ment.
12.16.150 Revocation.
12.16.160 Encroachment violation.
12.16.170 Violation—Misdemeanor.
12.16.180 Violations—Additional remedies—
Injunctions.
12.16.190 Fees.
12.16.010 Definitions.
As used in this chapter.
"Encroachments" are structures,objects,
uses or landscaping owned by a private property
owner and located on or over adjoining public right-
of-way for the property owner's private use and
enjoyment. Permissible encroachments are those
which place a minimal burden on the right-of-way,
are easily removable and do not materially alter the
character of the right-of-way as open space, and
. include landscaping, fencing, movable personal
property (such as furniture. and planters), patios,
decks, landscape irrigation and lighting systems and
similar ktructures and objects, in accordance with
the standards, conditions and requirements of this
12.16.010
Chapter. No building or structural element of a
building (including walls, roofs, structural
supports, balconies, stairwells, and the like) shall be
permitted to encroach on or over a public right-of-
way.
"Encroachment" means and includes any
obstruction, tower, pole, pole line, pipe, wire, cable,
conduit, wall, fence, balcony, deck, stand or
building, or any structure or object of any kind or
character which is placed in, along, under, over or
across public right-of-way.
"Pedestrian walk street" is defined by
council under a separate resolution.
"Person" includes any individual, firm,
copartnership, joint venture, association,
corporation, estate, trust, business trust, any
district, any city, any county including this county,
and all departments and bureaus thereof except the
city of Hermosa Beach.
Shall and May. "Shall" is mandatory;
"may" is permissive.
"Structure" is as defined by the Uniform
Building Code as that which is built or constructed,
an edifice or building of any kind, or any piece of
work artificially built up or composed of parts
joined together in some definite manner. (Prior code
§ 29-31) (Ord. No. 96-1161, § 1; 07/09/96)
12.16.020 Permit.
An encroachment permit is required for any
landscaping in excess of forty-two inches (42") in
height, and any structure, object or use which is
permitted by this Chapter to encroach on or over a
public right-of-way. The encroachment permit
shall be in a form provided by the Public Works
Director and approved by the City Attorney.
Issuance of an encroachment permit is within the
City's discretion and constitutes a privilege granted
by the City as a convenience to an adjoining
property owner and not a right. An encroachment
permit is not a substitute for a building permit or a
construction permit when either is otherwise
required by this Code. (Prior code § 29-32) (Ord.
No. 96-1161, § 2; 07/09/96)
12.16.030 Commencement of work without
permit.
Any person who shall commence any work,
for which a permit is required by this chapter,
(12.16) 1
lV
without first having obtained a permit shall stop
work and apply for such permit. The fee for the
permit shall be doubled. In addition, failure to stop
constitutes a misdemeanor and is defined in this
chapter. (Prior code § 29-33)
12.16.040 Authority to grant.
A permit to encroach into a planned or
existing public right-of-way may be granted upon
such terms and conditions as are deemed necessary.
The authority to grant or deny such permit
application is vested in the director of public works,
unless otherwise specified. Approval of
encroachments which deviate from the established
guidelines can only be granted with city council
approval in an appeal process. If the applicant for
an encroachment permit is an officer or employee of
the City, only the City Council is authorized to
issue the permit. (Prior code § 29-34) (Ord. No..
96-1161, § 3; 07/09/96)
12.16.050 Residential encroachments.
Approvals of all residential encroachments
is vested with the director of public works and the
rules and guidelines are set forth herein. Only the
owner of record of real property is eligible to
apply for and receive an encroachment permit
for encroachments from adjacent residential
property. (Prior code § 29-35) (Ord. No. 96-
1161, § 4; 07/09/96)
12.16.060 Commercial encroachments.
Approvals of all commercial
encroachments. shall be donein conjunction with the
conditional use permit process, shall be reviewed by
the staff environmental reviewcommittee and the
rules and guidelines are set forth herein. Only the
owner of record of real property is eligible to apply
for and receive an encroachment permit for
encroachments from adjacent commercial property,
except that commercial outdoor dining
encroachment permits may be issued to a lessee in
connection with approval of a conditional use
permit pursuant to Section 12.16.090. (Ord. 96-
1161, § 5; • 07/09/1996) (Prior code § 29-36)
12.16.070 Findings necessary to grant an
encroachment.
The director of public works, in granting
approval of an encroachment permit application
shall make a finding that the plans and application
meet the guidelines and conditions of approval as
set forth in Section 12.16.080, and the granting of
such ,encroachment will not adversely affect the
general plan of the city. Approval of encroachments
which deviate from these established criteria can
only be granted with city council approval in an
appeal process. (Prior code § 29-37)
12.16.080 Requirements and conditions of
approval.
Permitted encroachments shall comply with
the following requirements and conditions:
(1) General (applicable to all encroachments):
a. All construction shall conform to the
requirements of the Uniform BuiIding
Code, the Municipal Code, and the
Department of Public Works Standards and
Policies.
b. Landscaping encroachments within the
public right-of-way shall not exceed the
building height limitation of the zone in
which it is planted.
c. In the case of an encroachment occupying
the public right-of-way enclosed by the
extension of the. two side property lines
between the front property line and the
existing or future sidewalk, a minimum of
one-third of the encroachment area shall be
landscaped in accordancewith a landscape
plan to be approved by the Public Works
Department in conjunction withthe
encroachment permit application.
d. Height of any encroachment shall be
measured from the natural grade unless
otherwise specifically approved by the
Director of Public Works by virtue of
unusual topography or other extraordinary
physical circumstances.
e. Encroachments shall not obstruct access to
underground utilities nor significantly
impair scenic vistas from neighboring
properties.
f. Public right-of-way, through receipt of an
encroachment permit, shall not satisfy
required open space or any conditions of
building or zoning that are normally
(12.16) 2
g.
provided on-site, except for providing
required residential guest parking, pursuant
to Sections 1157 (c) and 1159 (b) of the
Zoning Ordinance, and for providing
required parking approved by a parking
plan granted pursuant to Section 1169 of
the Zoning Ordinance.
An encroachment shall not provide
structural support for any structure located
on private property.
(2) Pedestrian walk street (applicable only to
those streets):
a. Fences shall not exceed a maximum height
of forty-two inches (42").
b. Fences are allowed at a height of forty-two
inches (42") maximum on top of retaining
walls of masonry, block, brick or concrete.
The fence height is measured from the
natural grade. A retaining wall on public
right-of-way shall not support any structure
on private property.
c. Decks may be permitted to a maximum
height of twelve inches (12") height above
the existing natural grade and if they do not
project into the public right-of-way more
than half the distance between the property
line and edge of existing or future sidewalk.
Deck railings are permitted provided that
they areof open construction and that deck
and railingdo not exceed a maximum
height of forty-two inches (42").
(3) Vehicular street (applicable only to those
streets):
a. Fences shall not exceed a maximum height
of forty-two inches (42")..
b. Encroachments shall not be placed over an
existing or planned sidewalk.
(Ord. 96-1161, § 6; 07/09/1996) (Ord. 95-1144 §
1, 1995; Ord. 93-1084 § 1, 1993; prior code § 29-
38)
12.16.090 Commercial outdoor dining.
A conditional use permit is required for use
of public right-of-way for commercial outdoor
dining subject to the following conditions:
A. Provides for and maintains an area for
passage of pedestrian traffic;
B. Does not inconvenience pedestrian traffic;
12.16.080
C. Conforms to all applicable health codes and
this code;
D. Applicant to pay all appropriate fees,
including but not limited to rental fees;
E. Applicant to maintain and keep in force at
all times a policy of liability insurance,
naming the city as an additional insured in
the amount of one million dollars
($1,000,000.00); and
F. To pay restorative costs, if applicable, in
an amount to be determined by the director
of public works, plus administrative costs.
(Prior code § 29-39)
12.16.100 Mandatory conditions imposed
upon all encroachments.
In granting an encroachment under the
provisions of this chapter, the following conditions,
in addition to any other conditions deemed
necessary or advisable, shall be imposed:
A. That the city, its officers, employees and
agents may enter upon real property for the
purpose of repair, maintenance or
replacement of the facilities or properties
on or in said public right-of-way. The
owner(s) waive any and all claims for
damages or liability in connection therewith
for property damages incurred;
B. That the city shall . be reimbursed for any.
damages caused _. to city -owned facilities
resulting from construction or maintenance
of the encroachment over public right-of-
way by the owner(s), their heirs, successors
or assigns;
C. That all work be performed in accordance
with city policy, standard specifications,
and ordinances;
D. That the encroachment shall be removed by
the permittee at no cost to the city upon a
thirty (30) day written notice to the
permittee from the city, and should any cost
be incurred by the city in the removal of
such encroachment, such cost shall be a
lien upon the subject property;
E. That an encroachment permit agreement be
recorded by the city in the office of the
county recorder,
F. That the encroachment shall be .a. covenant
running with the land and shall be binding
(12.16) 3
upon all heirs, successors, assigns,
executors or administrators in interest; and,
G. That the applicant shall expressly agree to
each of the conditions imposed, including
any which may be in addition to the
foregoing, as a prerequisite to the granting
of the encroachment by the city. (Prior code
¢ 29-40)
12.16.110 Application procedure.
A. Filing. An application for an encroachment
into a planned or existing public right-of-
way shall be filed by the owner of the
property for which the encroachment is
sought or by an authorized representative
of the owner. Such application shall be
made to the director of public works and
shall be on forms furnished by the
department of public works.
B. Filing Fee. A uniform fee, established by
council under separate resolution, shall be
required upon the filing and investigation of
the application for encroachment or
transfer of an encroachment permit to
defray administrative costs incurred by the
city in processing the application. Such fee
shall be nonrefundable and shall include the
costs of recordation of the encroachment, if
granted.
C. Investigation. An investigation shall be
conducted by all departments of the city
having an interest in, or jurisdiction over,
the matter. Upon the receipt of an
application pursuant to the provisions of
this chapter, the director of public works
shall transmit the application to all affected
departments for written reports of findings
and recommendations. All such written
reports shall be submitted to the director of
public works for 'consideration when
making a decision on the application.
D.. Director of Public Works Findings and
Decision. The director of public works
shall make a written decision. Such
decision shall recite the findings upon
which the director bases his decision. If the
decision is favorable to the granting of the
encroachment, it shall set . forth the
conditions to be imposed. The conditions
set forth in Sections 12.16.080 through
12.16.100 shall be attached to every permit
approval. - .
E. Appeal. The decision of the director of
public works shall be final ten days after
mailing a copy of his decision to the
applicant. Within said ten-day period, the
applicant may appeal the decision of the
director of public works to the council to
review; a denial of the application or any
conditions attached to an approval other
than those set forth in Section 12.16.080.
Upon consideration of such appeal, the
council may approve, modify, or
disapprove the application for
encroachment. The council may add, delete
or modify the conditions attached to the
encroachment permit. The action of the
council shall be final.
F. Time Limit for Development. Any
encroachment granted pursuant to the
provisions of this chapter shall be
developed and utilized within a period not
to exceed six months from and after the
date of the granting of such encroachment,
and, if not so developed and utilized, such
encroachment automatically shall become
null and void at the expiration of such six-
month period.
G. Extension of Time. The permittee may
apply in writing for one extension of time,
not to exceed six months, within which to
develop and use such encroachment. The
director of public works, after due
consideration, shall either grant or deny the
extension of time for such development and
use. (Prior code § 29-41)
12.16.120 Maintenance of encroachment.
It shall be the responsibility of the adjacent
property owner to maintain the encroachment in a
condition satisfactory to the city. (Prior code § 29-
42)
12.16.130 Nonconformance of encroachment.
No building permit shall be issued for new
construction or for remodeling of an existing
structure exceeding fifty (50) percent of the existing
structure's square footage or fifty (50) percent of
(12.16) 4
the assessed valuation, whichever is less, until the
adjacent city right-of-way is determined to be in
accordance with the city standards. Additionally, all
existing encroachment permits shall become null
and void if or when the building on private property
is removed. (Prior code § 29-43)
Encroachments in existence on May 15,
1996, which do not conform to the standards set
forth in Section 29-38 may remain as they exist as
of May 15, 1996, whether or not a valid
encroachment permit is obtained from the City as
long as the encroachment is not expanded, increased
or intensified, until the earlier of either of the
following events:
1. The City revokes the encroachment permit
or requires removal of the encroachment
for any reason, including construction of
public improvements, which requires
access to the encroachment area;
2. The primary structure on the property
benefiting from the encroachment is
remodeled or reconstructed at a cost which
exceeds fifty percent (50%) of the
replacement cost of the existing structure.
In either of the above events, the
encroachment shall be removed and any
replacement encroachment shall be subject to
receipt of an encroachment perniit and shall
conform to the requirements of Section 29-38.
(Ord. 96-1161, § 9; 07/09/1996)
12.16.150 Revocation.
The director of public works or the council
may revoke any encroachment permit for
noncompliance with the conditions set forth in
granting such encroachment or if it is determined
that such permit is not in the public interest. A
written notice shall be mailed to the permittee of
such revocation. Within ten days of mailing of such
notice of revocation to the permittee, a written
appeal of such action may be filed. Any such
appeal shall be reviewed by the council, and its
determination of the matter shall be final. (Prior
code § 29-45)
12.16.160 Encroachment violation.
It is unlawful for any person to construct or
maintain, or cause to be constructed or maintained,
12.16.160
any encroachment in violation of the provisions of
this chapter. (Prior code § 29-46)
12.16.170 Violation—Misdemeanor.
Any person violating any of the provisions
of this chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be
fined in an amount not exceeding five hundred
dollars ($500.00) or be imprisoned in the county
jail for a period not exceeding six months, or by
both such fine and imprisonment. Each day such
violation is committed or permitted to continue shall
constitute a separate offense and shall be
punishable as such. (Prior code § 29-47)
12.16.180 Violations—Additional remedies—
Injunctions.
As an additional remedy, the construction
or maintenance of any encroachment in violation of
any provision of this chapter shall be deemed, and
is declared to be, a public nuisance and may be
subject to abatement summarily by a restraining
order or injunction issued by a court of competent
• jurisdiction. (Prior code § 29-48)
12.16.190 Fees.
All fees applicable pursuant to this chapter
shall be set by resolution of the city council. (Prior
code § 29-49)
(12.16) 5
BUSINESS NAME:
BUSINESS ADDRESS:
CITY OP HERMOSA BEACH
COMMERCIAL OUTDOOR DINING ENCROACHMENT PERMIT
RECITALS
A. Business owner (hereinafter "Permittee") is the
owner of a restaurant business commonly known as
located in the City of Hermosa. Beach located at
, Hermosa Beach, California (hereinafter "the property").
B. In connection with.its use of the property as a
restaurant, Permittee desires to use a•portion of City -owned
right-of-way immediately adjacent to the property for outdoor
dining by placing thereon from time to time tables, chairs and
related furniture/equipment (hereinafter the "encroachment") in
order to serve food and beverages to its patrons in anoutdoor
patio setting.
C. The precise location and configuration of
Permittee's proposed encroachment is specifically described in
the sketch attached hereto as Exhibit A and incorporated herein
by this reference.
D. As an accommodation to property owner,,. City is
willing to allow the encroachment as proposed, and Permittee
desires to protect the City from potential liability arising -from
any claim or liability associated with the encroachment.
PERMIT
1. Encroachment' permit. A revocable encroachment
permit is hereby granted to Permittee 'on the right-of-way
described in the recitals hereinabove as described in the sketch
attached hereto as Exhibit A in accordance with the provisions of
Chapter 12 of the Hermosa Beach Municipal Code and the provisions
of this permit.
2. Term. This permit shall take effect on the date
set forth hereinabove andshall remain in effect until and unless
revoked by City pursuant to Paragraph 3 herein or voluntarily
relinquished or abandoned by the Permittee.
3. Termination. This permit is in the nature of a
revocable license and may be revoked by City at any time, with or
without cause, in City's sole discretion, upon giving Permittee
thirty (30) days' advance notice of revocation.
4. Fee. Permittee shall pay to City in consideration
of the use of its property for the above-described purposes a
commercial outdoor dining -encroachment permit fee in the amount
of 50.50 per square foot, computed for _ square feet of
encroachment area, for a monthly rate of $ . The fee shall
be paid quarterly ($ per quarter), in advance, in
accordance with the following schedule:
PAYMENT DUE FOR
July 1
October 1
January 1
April 1
July, August and September
October, November And December
January, February And March
April, May And June
5. Assignment. This permit shall not be assigned
or transferred without the written consent of City. Any such
purported assignment or transfer shall be void and of no effect.
In the event that the Permittee sells, transfers, leases or
otherwise conveys a controlling interest in the above-described
business as an ongoing concern, the Permittee shall provide any
such purchaser, lessee or transferee with a copy of this
instrument and with notice that it is not assignable without
written consent of City.
6. Indemnification. Permittee shall indemnify and
hold harmless City, its officers, employees and agents from and
against all claims, causes of action, liabilities and damages for
injuries to persons and property, including reasonable costs of
defense and attorney fees, arising from Permittee's encroachment
on City property, including but not limited to Permittee's
negligent or wrongful acts, errors or omissions in the
construction, erection,placement, continued maintenance and use
of the encroachment in its location. Permittee shall promptly
pay the amount of any judgment rendered against City, its
officers, employees and agents for any such indemnified claims,
and reasonable costs and attorney fees incurred by City in the
defense of such claims.
7. City's right of entry. Permittee acknowledges the
City's absolute right to enter upon the encroachment area for
purposes of inspection, replacement, repair, or maintenance of
public facilities above, on or under the right-of-way and
Permittee expressly waives any and all claims for damages to its
encroachment resulting from such actions.
8. Damage t_o right-of-way. Permittee assumes
responsibility for all damage to City's right-of-way caused by
construction, placement or maintenance of the encroachment and
shall reimburse City for correction of any such damage. Upon
failure of Permittee to so reimburse City, City may draw upon the
cash deposit provided for in Paragraph 10 below to satisfy the
debt, and any additional cost incurred by City in correcting the
970620 .0649.00001 gg 0y65429.0D 0
2.
damage beyond that on deposit with the City shall be a debt of
the Permittee to the City, and recoverable by City in any manner
provided by law.
9. Restoration of premises. Within thirty (30) days
of expiration of this permit, whether upon its expiration or
earlier termination, Permittee shall at its expense remove the
encroachment and restore the property to its condition prior to
placement of the encroachment. In the event permittee fails to
do so, City shall have the option of removing the encroachment at
Permittee's expense and Permittee waives all claims for damage to
the encroachment or Permittee's adjacent property or improvements
resulting from such removal. City may draw upon the cash deposit
provided for in Paragraph 10 below to remove the encroachment
and/or restore the property, and any additional cost incurred by
City in so doing beyond that contained in the deposit shall
constitute a debt of the Permittee to the City, and recoverable
by City in any. manner provided by law.
10. Cash deposit.. Permittee shall deposit with the
CITY a cash deposit in an amount determined by the Public Works
Department, deemed sufficient to correct foreseeable damage to
the right-of-way as described.in Paragraph 8 above or if
necessary, to remove the encroachment and restore the right-of-
way upon termination of this permit, as described in paragraph 9
above. This deposit is evidenced by Receipt No. 'in the
amount of S. and shall be held by the CITY for -the
duration of this permit. In the event all or any portion of the
deposit is drawn upon by City to correct damage pursuant to
Paragraph 8 above, then the Permittee shall replenish the deposit
to its original amount.
11. Possessory interest. Permittee acknowledges
that this permit may create a taxable possessory interest subject
to property taxation, and that Permittee or Permittees Lessor
shall be solely responsible for -satisfaction of any property
taxes levied on the property.
12. Compliance with Codes. Permittee shall perform
all work in full compliance with all applicable codes, ordinances
and laws, and obtain all necessary permits.
13. Maintenance of encroachment area. During the term
of this permit, Permittee shall at its sole expense maintain the
encroachment area in good condition and appearance, in accordance
with all ordinances, and shall not allow a nuisance condition to
exist on the encroachment area.
970520 10649-00001.9g 056L429.0D 0
3.
IN WITNESS WHEREOF, Permittee has executed this
Commercial outdoor Dining Encroachment Permit on the date first
written above.
Business Owner
APPROVED BY:
PUBLIC WORKS DIRECTOR
ATTEST:
CITY CLERK
970620 10649-00001 gg 0565429.M 0
4 ..
Business Owner
Signature(s) must be.acknowledged before a Notary Public:
STATE OF CALIFORNIA
s$
COUNTY OF LOS ANGELES
On before me, the undersigned, a
Notary Public in and for said State, personally appeared
known to me to be the person whose name was/were
subscribed to the within instrument and acknowledged that
executed the same.
Witness my hand and official seal.
Signature
970620 10669-00001 gg 05654241.013 0
S.
TOTAL P.07
Jim & Linda Watts
2126 The Strand
Hermosa Beach, Ca 90254
September 19, 1997
Hermosa Beach City Council
1315 Valley Drive
Hermosa Beach, Ca 90254
To The Hermosa Beach City Council:
RECEIVED
SEP 2 2 1997
CITY MGR. OFFICE
We love the improvements on Lower Pier Avenue and the proactive approach the City
Council has taken to move our town forward. We have been surprised and
disappointed however, to see retailers selling their goods out on our beautiful new
plaza. This practice is symbolic of low standards and really downgrades Hermosa
Beach.
Thank you for considering one family's opinion.
Best Regards,
Jim & Linda Watts
SUPPLEMENTAL
INFORMATION
7
September 11, 1997
Honorable Mayor and Members Regular Meeting pf
of the Hermosa Beach City Council
September 23, 1997
ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF $400,000
PRINCIPAL AMOUNT OF LOWER PIER AVENUE ASSESSMENT DISTRICT, LIMITED
OBLIGATION IMPROVEMENT BONDS, SERIES 1997
RECOMMENDATION
1. Adopt Resolution 97- providing for issuance of limited obligation improvement
bonds in the principal amount of $400,000 for the Lower Pier Avenue Assessment
District
2. Appropriate the $400,000 in bond proceeds for costs of improvements in the
assessment district
3. Approve a fee of $6,000 for the services of Project Finance Associates as financial
advisor. Funds are available in Prospective Expenditures.
BACKGROUND
The City Council has followed all of the prescribed procedures to set up the
assessment district, order improvements and provide for assessments, as outlined in
the attached resolution.
ANALYSIS
The resolution provides for issuance of limited obligation bonds in the principal amount
of $400,000. The bonds are secured by a first lien against the real property in the
Assessment District and will be re -paid from assessments levied in the same manner
as real property taxes. Neither the credit nor the taxing power of the City is pledged for
the payment of the bonds or interest. The only obligations of the City are those
administrative duties related to the collection and disbursement of assessments.
The purchase contract, approved as part of the resolution, provides for sale of a single
bond in the principal amount of $400,000. Mark Northcross of Project Finance
Associates, who served as our financial advisor on the COP's for the greenbelt
purchase and the defeasance of the those COP's, has tentatively arranged for the sale
of the bond to ABN -Amro at an interest rate of 6.5%. ABN -Amro is a AA rated,
international Dutch bank who is very active in the municipal leasing market. They have
recently expanded their interests to include small assessment districts. Mr. Northcross'
letter verifying that the rate is a reflection of the current market is attached.
In arranging for the sale of the bond to a single buyer, the City avoids additional costs
of approximately $20,000, which would otherwise be necessary for disclosure
documents, printing costs and underwriter's discounts. The financial advisor fee will be
the only additional cost associated with issuance of the b. nds, other than the interest
paid by the property owner.
Respectfully submitted,
Viki Copeland, Finance Director
assess.doc
Concur
Stephen ell, City Manager
Sep -18-97 01:22P northcross 415 380 8547
PROJECT FINANCE ASSOCIATES, LLC
September 18, 1997
Ms. Viki Copeland
Finance Director
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 92054-3885
Dear Viki;
I have reviewed the terms of the proposed purchase of the Lower Pier Avenue
assessment bonds by ABN -Amro. The bank proposes to buy the bonds at an interest
rate of 6.5% for a period of 20 years. The bonds are callable on any interest payment
date at a premium of 3%.
Under current market conditions, the interest rate on unrated assessment bonds ranges
from 6% to 7%, depending on the amount of developed property in the district and the
diversification of ownership. While this district is fully developed, with only 18 assessed
parcels, ownership would be considered concentrated. Also, an interest rate in that
range assumes an underwriter's discount of at least 2% and an issue size over $1
million.
Consequently, with an interest rate pegged to the middle of the current range for
assessment bonds, I believe that the proposal from ABN -Amro is fair and reflects the
market. Note also that there is no underwriter's discount. Furthermore there are no
expenses for official statement preparation or for a paying agent. All of these factors
combined save the City an additional $20,000, by my estimate.
Please call me if you have any further questions on this matter.
Very trytly your
Mark Northcross
Principal
P.01
Mark Northcross
244 Manor Drive
Mill Valley, CA 94941-1385
(415) 380-9746
(415) 380-8547 Fax
Wes Loran
522 Fairbanks Street
Oakland, CA 94610-1510
(510) 268-9914
(510) 268-9671 Fax
G. Craig Hill
1491 Indian Valley Road
Novato, CA 94947-4206
(415) 897-9943
Fax (415) 892-8612
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH PROVIDING FOR THE ISSUANCE
OF $400,000 PRINCIPAL AMOUNT OF LOWER PIER
AVENUE ASSESSMENT DISTRICT, LIMITED
OBLIGATION IMPROVEMENT BONDS, SERIES 1997
RECITALS:
A. The City Council of the City of Hermosa Beach,
California (the "City Council") by its Resolution No. 96-5811, as
amended, (the "Resolution of Intention") declared its intention
to form the Lower Pier Avenue Assessment District (the
"Assessment District") pursuant to the provisions of the
Municipal Improvement Act of 1913 (California Streets and
Highways Code Section 10000, et seq.) (the "1913 Act") and
ordered the City's Director of Public Works to prepare and file a
report with the City Council and provided that serial bonds or
term bonds, or both, would be issued thereunder pursuant to the
provisions of the Improvement Bond Act of 1915 (California
Streets and Highways Code Section 8500, et seq.) (the "Bond
Act") .
B. The City Council by its Resolution Nos. 96-5817 and
96-5825 preliminarily approved the Engineer's Report, as modified
(the "Engineer's Report").
C. Following notice duly given in accordance with law,
the City Council held a public meeting and a public hearing
regarding the Resolution of Intention and the Engineer's Report.
D. Following the public hearing, pursuant to its
Resolution No. 96-5836, the City Council confirmed the
assessments for the Assessment District and ordered the proposed
improvements set forth in the Engineer's Report to be made (the
"Project") .
E. Notice to property owners of the recordation of the
assessment and of the 30 -day period within which assessments were
to be paid in cash has been duly given an the 30 -day cash
collection period has expired.
F. The City Council desires to issue City of Hermosa
Beach, Lower Pier Avenue Assessment District, Limited Obligation
Improvement Bonds, Series 1997 (the "Bonds") under and pursuant
to the Bond Act to represent those assessments which remain
unpaid. The official who has been designated as the collection
officer for cash payments of such assessments has filed with the
City Clerk a list of all assessments which remain unpaid.
970918 10649-00001 rdh/gp 1673018 1'
G. ABN -AMBO has offered to purchase the Bonds from the
City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS
AS FOLLOWS:
SECTION 1. DEFINITIONS; RULES OF CONSTRUCTION;
AUTHORIZATION AND PURPOSE OF BONDS; EQUAL SECURITY.
Section 1.1. Definitions. The following terms shall,
for all purposes of this Resolution and of any Supplemental
Resolution and of the Bonds, and of any certificate, opinion or
other document herein mentioned, have the following meanings:
"Assessment" means the assessment levied by the City
pursuant to the Bond Act under the proceedings taken pursuant to
the Resolution of Intention, constituting a first lien and charge
upon the real property within the Assessment District.
"Assessment District" means the Lower Pier Avenue
Assessment District in the City.
"Assessment Installments" means the installments of
principal, interest and premium, if any, to be paid on the unpaid
Assessment by the owners of real property within the Assessment
District.
"Authorized Investments" means any obligation in which
the City may lawfully invest its funds.
"Authorized Representative of the City" means the
Mayor, the City Manager and any other person designated by such
officers and authorized to act on behalf of the City pursuant to
this Resolution or any Supplemental Resolution.
"Bond Act" means the Improvement Bond Act of 1915,
being Division 10 of the California Streets and Highways Code,
commencing with Section 8500.
"Bond Counsel" means the law firm of Richards, Watson &
Gershon, A Professional Corporation, Los Angeles, California, or
another firm of attorneys of favorable national reputation in the
field of municipal bond law.
"Bond Date" means the dated date of the Bonds, which
shall be the Closing Date.
2
970918 10649-00001 rdh/gp 1673018 1
"Bonds" means the limited obligation improvement bonds
authorized by and at any time Outstanding pursuant to the
provisions of this Resolution and as designated pursuant to
Section 2.3 hereof.
"Business Day" means any day.other than (i) a Saturday
or a Sunday or (ii) a day on which banking institutions in the
State or the Federal Reserve System are authorized or obligated
by law or executive order to be closed.
"City" means the City of Hermosa Beach, California.
"City Council" means the City Council of the City.
"City Treasurer" means the City Treasurer of the City.
"Closing Date" means the date of delivery of the Bonds
to or upon the order of the Purchaser.
"Code" means the Internal Revenue Code of 1986, as
amended.
"County" means the County of Los Angeles, California.
"Federal Securities" means those securities described
in Sections 1360 and 1360.1 of the California Financial Code and
includes United States Treasury notes, bonds, bills or
certificates of indebtedness, or obligations for which the faith
and credit of the United States are pledged for the payment of
principal and interest, including the guaranteed portions of
small business administration loans so long as the loans are
obligations for which the faith and credit of the United States
are pledged for the payment of principal and interest.
"Fiscal Year" means any twelve-month period extending
from July 1st in one calendar year to June 30th of the succeeding
calendar year, both dates inclusive, or any' other twelve-month
period selected and designated by the City as its official fiscal
year period.
"Improvement Fund" means the fund by that name created
and established pursuant to Section 4.1 hereof.
"Independent Public Accountant" means any certified
public accountant or firm of certified public accountants
appointed and paid by the City, who, or each of whom (i) is in
fact independent and not under domination of the City; (ii) does
not have any substantial interest, direct or indirect, in the
City; and (iii) is not connected with the City as an officer or
employee of the City but who may be regularly retained to make
annual or other audits of the books of, or reports to, the City.
- 3
970918 10649-00001 rdh/gp 1673018 1
"Interest Payment Date" means March 2 and September 2
in each year, beginning March 2, 1999 and continuing thereafter
so long as any Bonds remain Outstanding.
"Maturity Date" means the date specified in any. Bond on
which the principal of such Bond becomes due and payable.
"1913 Act" means the Municipal Improvement Act of 1913,
being Division 12 of the California Streets and Highways Code,
commencing with Section 10000.
"Outstanding", when used as of any particular time with
reference to Bonds, means (subject to the provisions of
Section 9.7) all Bonds theretofore executed, issued and delivered
by the City under this Resolution except (i) Bonds theretofore
cancelled by the City Treasurer or surrendered to the City
Treasurer for cancellation, (ii) Bonds paid within the meaning of
Section 6, and (iii) Bonds in lieu of or in substitution for
which other Bonds shall have been executed, issued and delivered
pursuant to this Resolution.
"Owner" when used with respect to any Bond, means the
person in whose name the ownership of such Bond is registered on
the Registration Books maintained by the City.
"Principal Payment Date" mean September 2 of each year,
commencing September 2, 1999.
"Project" means the works and improvements described in
the Engineer's Report for the Assessment District, approved by
the City Council by its Resolution No. 96-5836 and to be financed
in part with the proceeds of the Bonds.
"Purchaser" means ABN-AMRO.
"Record Date" means, with respect to any Interest
Payment Date, the fifteenth day of the calendar month immediately
preceding the month in which such Interest Payment Date occurs,
whether or not such day is a Business Day.
"Redemption Date" means, with respect to any Bonds, the
date on which such Bonds have been called for redemption pursuant
to the terms of this Resolution prior to their Maturity Date.
"Redemption Fund" means the fund by that name created
and established pursuant to Section 4.1 hereof.
"Registration Books" means the records maintained by
the City Treasurer pursuant to Section 2.9 hereof for the
registration and transfer of ownership of the Bonds.
- 4
970918 10649-00001 rdh/gp 1673018 1
"Resolution" means this Resolution and includes
subsequent amendments hereof and any Supplemental Resolution.
"Resolution of Intention" means Resolution No. 96-5811,
as amended, of the City Council referred to in the recitals
hereof.
"State" means the State of California.
"Supplemental Resolution" means any resolution adopted
by the City Council amendatory of or supplemental to this
Resolution.
"Tax Certificate" means the Tax Certificate dated the
Closing Date relating to the requirements of certain provisions
of the Code, as each such certificate may from time to time be
modified or supplemented in accordance with the terms thereof.
Section 1.2. Rules of Construction. All references in
this Resolution to "Sections," and other subdivisions, unless
indicated otherwise, are to the corresponding Sections or
subdivisions of this Resolution; and the words "herein,"
"hereof," "hereunder," and other words of similar import refer to
this Resolution as a whole and not to any particular Section or
subdivision hereof.
Section 1.3. Authorization and Purpose of Bonds. The
City has reviewed all proceedings heretofore taken relative to
the authorization of the Bonds and has found, as a result of such
review, and hereby finds and determines that all things,
conditions and acts required by law to exist, happen and be
performed precedent to and in the issuance of the Bonds do exist,
have happened and have been performed in due time, form and
manner as required by law, and the City is now authorized,
pursuant to each and every requirement of law, to issue the Bonds
in the manner and form as in this Resolution provided. The City
Council hereby. authorizes the issuance of the Bonds pursuant to
the Bond Act and this Resolution to represent unpaid Assessments
in accordance with the List of Unpaid Assessments attached hereto
as Exhibit A for the purpose of financing the Project.
Section 1.4. Equal Security. In consideration of the
acceptance of the Bonds by the Owners thereof, this Resolution
shall be deemed to be and shall constitute a contract between the
City and the Owners of the Bonds; and the covenants and
agreements herein set forth to be performed on behalf of the City
shall be for the equal and proportionate benefit, security and
protection of all Owners of the Bonds without preference,
priority or distinction as to security or otherwise of any of the
Bonds over any of the others by reason of the number or date
5
970918 10649-00001.rdh/gp 1673018 1
thereof or the time of sale, execution or delivery thereof, or
otherwise for any cause whatsoever, except as expressly provided
therein or herein.
SECTION 2. THE BONDS.
Section 2.1. Equality of Bonds, Pledge of Assessment
Installments. The City hereby pledges, in trust for the
protection and security of the Owners, all of its right, title
and interest in the Assessment Installments, and all other funds,
accounts and sub -accounts created hereunder for the payment of
principal of, premium (if any), and interest on the Bonds.
Pursuant to the Bond Act and this Resolution, the Bonds shall be
and are equally secured by a pledge of and lien upon the
Assessment Installments, and the amounts on deposit in the
aforementioned funds and accounts.
The Bonds and interest thereon are not payable from the
general funds of the City. Neither the credit nor the taxing
power of the City is pledged for the payment of the Bonds or the
interest thereon, and no Owner of the Bonds may compel the
exercise of any taxing power by the City or force the forfeiture
of any of its property. The principal of, and premium (if any)
and interest on the Bonds are not a debt of the City nor a legal
or equitable pledge, charge, lien or encumbrance upon any of its
property, or upon any of its income, receipts or revenues.
Section 2.2. Collection of Assessments. The unpaid
Assessment Installments shall be payable in annual series
corresponding in number to the number of serial maturities of the
Bonds issued. An annual proportion of each unpaid assessment
shall be payable in each year preceding the date of maturity of
each of the several series of Bonds issued, sufficient to pay the
Bonds when due, and such proportion of each unpaid Assessment
Installment coming due in any year, together with the annual
interest thereon, shall be payable in the same manner and at the
same time and in the same installments as general taxes on real
property are payable, and become delinquent at the same times and
in the same proportionate amounts and bear the same proportionate
penalties and interest after delinquency as do general taxes on
real property. Nothing in this Resolution or in any resolution
supplemental hereto shall preclude the redemption prior to
maturity of any Bonds or the payment of the Bonds from proceeds
of refunding bonds issued under any law of the State.
Section 2.3. Issuance of Bonds to Represent Unpaid
Assessments. The Bonds, in the aggregate principal amount of
$400,000 shall be issued as provided in this Resolution upon the
security of the Assessment in accordance with the provisions of
the Resolution of Intention and the Bond Act and the proceedings
970918 10649-00001 rdh/gp 1673018 1
conducted thereunder. The Bonds shall be designated "City of
Hermosa Beach, Lower Pier Avenue Assessment District, Limited
Obligation Improvement Bonds, Series 1997." The Bonds shall be
issued only in fully registered form without_ coupons in the
denomination of $5,000 or any integral multiple thereof. The
Bonds shall be serial bonds and be dated the Closing Date and
shall bear interest at the rate of 6'% per annum (calculated on
the basis of a 360 -day year of twelve months) and shall mature on
September 2 in each of the years and in the amounts as follows as
follows:
Maturity Date Principal Maturity Date Principal
(September 2) .Amount (September 2) Amount
Section 2.4. Medium and Payment. Principal of, and
premium (if any) and interest on the Bonds shall be payable in
lawful money of the United States of America. Interest with
respect to each Bond shall accrue from the Bond Date. Interest
on any Bond shall be payable from the Interest Payment Date next
7
970918 10649-00001 rdh/gp 1673018 1
preceding the date of authentication of that Bond, unless `(i) su-
ch date of authentication is an Interest Payment Date, in which
event interest shall be payable from such date of authentication,
(ii) the date of authentication is after a Record Date but prior
to the immediately succeeding Interest Payment Date, in which
event interest shall .be payable from such Interest Payment Date,
or (iii) the date of authentication is prior to the close of
business on the first Record Date, in which event interest shall
be payable from the Bond Date; provided, however, that if at the
time. of authentication of such Bond, interest is in default,
interest on that Bond shall be payable from the last Interest
Payment Date to which the interest has been paid or made avail-
able for payment. Principal of and interest on any Bond shall be
paid by check of the City mailed by the City Treasurer on or
before the Interest Payment Date.by first class mail, postage
prepaid, to the person whose name appears in the Registration
Books as the Owner of such Bond as of the close of business on
the Record Date, to the address that appears on the Registration
Books, provided that the payment of principal of the Bonds on the
final maturity date and the payment of the principal of the Bonds
and any premium due upon the redemption thereof shall be payable
upon-presentation..and surrender thereof at maturity or earlier
redemption at the office of the City Treasurer.
Each Bond shall bear interest until its principal sum
has been paid; provided, however, that if at the maturity date of
any Bond, or if at the redemption date of any Bond which has been
duly called for redemption as herein provided, funds are avail-
able for the payment or redemption thereof in full accordance
with the terms of this Resolution, the Bond shall then cease to
bear interest.
Section 2.5. Form of Bonds and Certificate of Authen-
tication and Registration. The Bonds shall be sold to the
Purchaser and shall be initially issued in the form of a single
fully registered bond in the denomination of $400,000, registered
in the name of the Purchaser. The form of the Bond, the form of
the certificate of authentication and the form of registration
thereon shall be substantially in the form attached hereto as
Exhibit B and incorporated herein by this reference. The Bonds
may be printed, lithographed or typewritten and may contain such
reference to any of the provisions of this Resolution as may be
appropriate.
Section 2.6. Execution and Authentication2.6.
Execution and Authentication. The Bonds shall be executed by the
manual or facsimile signature of the City Treasurer and attested
by the manual or facsimile signature of the City Clerk and the
seal of the City (or a facsimile thereof) shall be impressed,
imprinted, engraved or otherwise reproduced thereon. In case any
one or more of the officers who shall have signed or sealed any
8
970918 10649-00001 rdh/gp 1673018 1
of the Bonds shall cease to be such officer before the Bonds so
signed and sealed have been authenticated and delivered by the
City Treasurer (including new Bonds delivered pursuant to the
provisions hereof with reference to the transfer and exchange of
Bonds or to lost, stolen, destroyed or mutilated Bonds), such
Bonds may, nevertheless, be authenticated -and delivered as herein
provided, and may issued as if the persons who signed or
sealed such Bonds had not ceased to hold such offices.
The Bonds shall bear thereon a certificate of authenti-
cation and registration, in the form set forth in Exhibit B
hereto, executed manually by the City Treasurer. Only such Bonds
as shall bear thereon such certificate of authentication and
registration shall be entitled to any right or benefit under this
Resolution, and no Bond shall be valid or obligatory for any
purpose until such certificate of authentication and registration
shall have been duly executed by the City Treasurer.
Section 2.7. Registration of Exchange or Transfer.
The registration of any Bond may, in accordance with its terms,
be transferred upon the Registration Books by the person in whose
name it is registered, in person or by his or her duly authorized
attorney, upon surrender of such Bond for cancellation at the
office of the City Treasurer, accompanied by delivery of a
written instrument of transfer in a form acceptable to the City
Treasurer and duly executed by the Owner or his or her duly
authorized attorney. Bonds may be exchanged at the office of the
City Treasurer for a like aggregate principal amount of Bonds of
other authorized denominations. The City will not charge for any
new Bond issued upon any exchange, but may require the Owner
requesting such exchange to pay any tax or other governmental
charge required to be paid with respect to such exchange.
Whenever any Bond or Bonds shall be surrendered for registration
of transfer or exchange, the City Treasurer shall authenticate
and deliver a new Bond or Bonds; provided that the City Treasurer
shall not be required to register transfers or make exchanges of
(i) Bonds for a period of 15 days next preceding the date of any
selection of Bonds to be redeemed, or (ii) any Bonds chosen for
redemption.
Section 2.8. Mutilated, Lost, Destroyed or Stolen
Bonds. If any Bond shall become mutilated, the City Treasurer,
at the expense of the Owner of such Bond, shall execute, and the
City Treasurer shall thereupon authenticate and deliver, a new
Bond of like series, tenor, maturity and aggregate principle
amount in authorized denomination in exchange and substitution
for the Bond so mutilated, but only upon surrender to the City
Treasurer of the Bond so mutilated. Every mutilated Bond so
surrendered to the City Treasurer shall be cancelled and de-
stroyed. If any Bond issued hereunder shall be lost, destroyed
or stolen, evidence. of such loss, destruction or theft may be
970918 10649-00001 rdh/gp 1673018 1
datis-
factory
to the City Treasurer and, if such evidence be satis-
factory to the City Treasurer and indemnity satisfactory to the
City Treasurer shall be given, the City Treasurer, at the expense
of the Owner, shall execute, and the City Treasurer shall there-
upon authenticate and deliver, a new Bond of like series and
tenor in lieu of and in substitution for the Bond so lost,
destroyed or stolen (or if any such Bond shall have matured or
shall have been called for redemption, instead of issuing a
substitute Bond the City Treasurer may pay the same without
surrender thereof upon receipt of indemnity satisfactory to the
City Treasurer). The City Treasurer may require payment of a
reasonable fee for each new Bond issued under this Section 2.8
and of the expenses which may be incurred by the City and the
City Treasurer. Any Bond issued under the provisions of this
Section 2.8 in lieu of any Bond alleged to be lost, destroyed or
stolen shall constitute an original contractual obligation on the
part of the City whether or not the Bond alleged to be lost,
destroyed or stolen be at any time enforceable by anyone, and
shall be equally and proportionately entitled to the benefits of
this Resolution with all other Bonds secured by this Resolution.
Section 2.9. Registration Books. The City Treasurer
will keep or cause to be kept, at the office of the City, suffi-
cient books for the registration and transfer of the Bonds, and,
upon presentation for such purpose, the City Treasurer shall,
under such reasonable regulations as he or she may prescribe,
register or transfer or cause to be registered or transferred, on
the Registration Books, Bonds as herein provided.
The City may treat the Owner of_ any Bond whose name
appears on the Registration Books as the absolute Owner of such
Bond for any and all purposes, and the City shall not be affected
by any notice to the contrary. The City may rely on the address
of the Owner as it appears in the Registration Books for any and
all purposes. It shall be the duty of each Owner to give written
notice to the City of any change in such Owner's address so that
the Registration Books may be revised accordingly.
Section 2.10. Validity of the Bonds. The validity of
the authorization and issuance of the Bonds shall not be depen-
dent upon the completion of the Project or upon the performance
by any person of his obligation with respect to the Project.
Section 2.11. Refunding of Bonds. The Bonds may be
refunded by the City pursuant to Division 11.5 of the California
Streets and Highways Code upon the conditions as set forth in
appropriate proceedings therefor.
- 10 -
970918 10649-00001 rdh/gp 1673018 1
SECTION 3. REDEMPTION OF BONDS.
Section 3.1. Mandatory Redemption. The Bonds shall be
redeemed prior to maturity, in whole or in part on any Interest
Payment Date by lot within a maturity from surplus monies on
deposit and available for such purpose in the Redemption Fund
from the sources, to the extent of and in the manner set forth in
the fourth paragraph of Section 4.4 hereof, at a redemption
price, expressed as a percentage of the principal amount of the
Bonds to be redeemed, of three percent (3%) together with accrued
interest to the date of redemption:
Section 3.2. Optional Redemption3.2. Optional
Redemption. The Bonds may be redeemed prior to maturity, in
whole or in part on any Interest Payment Date by lot within a
maturity from surplus monies on deposit and available for such
purpose in the Redemption Fund from sources other than those
referred to in Section 3.1, at the option of the City, at a
redemption price, expressed as a percentage of the principal
amount of the Bonds to be redeemed, of three percent (3%)
together with accrued interest to the date of redemption.
Section 3.3. Selection of Bonds for Redemption
Section 3.3. Selection of Bonds for Redemption. If less
than all of the Outstanding Bonds are to be redeemed pursuant to
Section 3.1 or Section 3.2, the City Treasurer shall select the
Bonds to be redeemed in such a way that the ratio of Outstanding
Bonds to issued Bonds shall be approximately the same within each
maturity insofar as possible. Within each maturity, the Bonds
shall be selected for redemption by lot in any manner that the
City Treasurer deems fair; provided, however, that the portion of
any Bond of a denomination of more than $5,000 to be redeemed
shall be in the principal amount of $5,000 or an integral multi-
ple thereof, and that, in selecting portions of such Bonds for
redemption, the City Treasurer shall treat each such Bond as
representing that number of Bonds of a $5,000 denomination which
is obtained by dividing the principal amount of such Bond to be
redeemed in part by $5,000.
Section 3.4. Notice of Redemption3.4. Notice of
Redemption. In the event that Bonds are to be redeemed as
provided in this Section 3, at least 30 days but not more than 60
days prior to any Redemption Date, a notice of redemption (the
"Redemption Notice") shall be sent by personal service, or
registered or certified mail by the City Treasurer to the Owners
of any Bonds designated for redemption and such securities
depositories and securities information services as shall be
designated by the City Treasurer.- Such Redemption Notice shall
specify: (i) the Bonds or designated portions thereof which are
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to be redeemed, (ii) the date of redemption, (iii) the redemption
price, (iv) the CUSIP numbers (if any) assigned to the Bonds to
be redeemed, and (v) if less than all Bonds are to be redeemed,
the Bond numbers of the Bonds to be redeemed, and shall require
that such Bonds be surrendered at the office of the City
Treasurer for redemption at the redemption price. Such
Redemption Notice shall further state that on the specified date
there shall become due and payable upon each Bond or portion
thereof being redeemed the redemption price, together with
interest accrued to the redemption date, and that from and after
such redemption date interest thereon shall cease to accrue and
be payable.
Neither failure to receive any Redemption Notice nor
any defect in such Redemption Notice so given shall affect the
sufficiency of the proceedings for the redemption of such Bonds.
Each check or other transfer of funds issued by the City
Treasurer for the purpose of redeeming Bonds shall bear to the
extent specified the CUSIP number identifying, by issue and
maturity, the Bonds being redeemed with the proceeds of such
check or other transfer.
Section 3.5. Partial Redemption of Bonds3.5. Partial
Redemption of Bonds. Upon surrender of any Bond to be redeemed
in part only, the City Treasurer shall authenticate and deliver
to the Owner a new Bond or Bonds of authorized denominations
equal in aggregate principal amount to the unredeemed portion of
the Bond surrendered, with the same interest rate and the same
maturity. Such partial redemption shall be valid upon payment of
the amount required to be paid to such Owner, and the City shall
be released and discharged thereupon from all liability to the
extent of such payment.
Section 3.6. Effect of Notice and Availability of
Redemption Price3.6. Effect of Notice and Availability of
Redemption Price. Notice of redemption having been duly given,
as provided in this Section 3, and the amount necessary for the
redemption having been made available for that purpose and being
available therefor on the date fixed for such redemption:
(1) The Bonds, or portions thereof, designated
for redemption shall, on the date fixed for redemption, become
due and payable at the redemption price thereof as provided in
this Resolution, anything in this Resolution or in the Bonds to
the contrary notwithstanding;
(2) Upon presentation and surrender thereof at
the office of the City, such Bonds shall be redeemed at the
redemption price;
(3) From and after the redemption date, the Bonds
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or portions thereof so designated for redemption shall be `deemed
to be no longer Outstanding and such Bonds or portions thereof
shall cease to accrue interest; and
(4) From and after the date fixed for redemption
no Owner of any of the Bonds or portions thereof so designated
for redemption shall be entitled to any of the benefits of this
Resolution, or to any other rights, except with respect to
payment of the redemption price and interest accrued to the
redemption date from the amounts so made available.
SECTION 4. FUNDS AND ACCOUNTS.
Section 4.1. Establishment of Special Funds and
Accounts. For administering and controlling the proceeds of the
Bonds, the Assessment Installments and'any related monies, there
are hereby created and established the following special funds
and accounts to be maintained by the City Treasurer:
(a) Lower Pier Avenue Assessment District, Limited Obliga-
tion Improvement Bonds, Series 1997, Improvement Fund (the
"Improvement Fund");
(b) Lower Pier Avenue Assessment District, Limited Obliga-
tion Improvement Bonds, Series 1997, Redemption Fund (the "Re-
demption Fund"), within which there shall be the:
(1) Assessment Installment Account; and the
(2) Assessment Prepayment Account;
Section 4.2. Disposition of Bond Proceeds. The amount
of $400,000 received from the City from the sale of Bonds shall
be deposited in the Improvement Fund.
Section 4.3. The Improvement Fund. All moneys in the
Improvement Fund shall be withdrawn and applied exclusively for
the purpose for which the Bonds were authorized to be issued.
Prior to any such disbursement, the City Manager or his designee
shall review all requests for payment and invoices with respect
to the Project and shall inspect all completed work. If the work
has been satisfactorily completed, the City Manager or his
designee shall prepare a receiving report, in the general form
and content attached hereto as Exhibit C, requesting payment by
the City from the Improvement Fund. The City Treasurer shall
make the requested payment upon receipt of a requisition there-
for, in the general form and content attached hereto as Exhibit
C.
Upon the filing with the City Treasurer of a certifi
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cate by the City Manager or his designee stating that the'Project
has been completed and that all costs of the Project have been
paid or are not required to be paid from the Improvement Fund,
the City Treasurer shall transfer the amount, if any, remaining
in the Improvement Fund as directed by the City Council of the
City, which directions shall be pursuant to the Resolution of
Intention and to the applicable provisions of.the Municipal
Improvement Act of 1913, Division 12 of the California Streets
and Highways Code, and the Improvement Fund shall be closed.
Section 4.4. Redemption Fund. The City hereby agrees
to establish and maintain the Redemption Fund until all payments
of principal of and premium (if any) and interest on the Bonds
have been made and all of the Bonds have been paid or redeemed.
The City Treasurer shall establish and maintain within the
Redemption Fund an Assessment Installment Account and an As-
sessment Prepayment Account.
All sums received by the City from the collection of
Assessment Installments, including any interest and penalties
thereon and the proceeds of the exercise of any of the remedies
for delinquent payments available hereunder or under the Bond Act
shall be deposited and held in the Assessment Installment Account
of the Redemption Fund except for prepayment of the Assessments
herein. On each Interest Payment Date and each Principal Payment
Date, the City Treasurer shall make payments of interest and
principal, respectively, due and payable with respect to the
Bonds from monies in the Assessment Installment Account.
On each September 2, all monies in the Assessment
Installment Account in excess of the amount necessary to make the
payments of principal of and interest on the Bonds then due or
overdue and payable on such date (assuming all Owners entitled to
payment on or before such date take or have taken any and all
actions necessary on their part to receive amounts due them)
shall, to the extent permitted by law, be applied as follows:
(a) The moneys shall be retained in the Assess-
ment Installment Account of the Redemption Fund as a credit upon
the Assessment; or
(b) The moneys shall be transferred to the
Assessment Prepayment Account of the Redemption Fund for applica-
tion to the advance maturity and redemption of Bonds pursuant to
Section 3.
Amounts received from property owners in the Assessment
District as prepayments of the Assessment pursuant to Section 4.5
shall be deposited in the Assessment Prepayment Account for
application pursuant to Section 4.6. Amounts in the Assessment
Prepayment Account shall be used to pay the principal of and
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redemption premium on Bonds the maturities of which shall have
been advanced pursuant to Parts 11 and 11.1 of the Bond Act. The
City Treasurer shall advance the maturity of and call Bonds for
redemption pursuant to this Resolution and the Bond Act whenever
and to the extent surplus monies are on deposit in the Assessment
Prepayment Account sufficient to pay the principal of Bonds in
integral $5000 amounts plus the redemption premium thereon. On
or after each Redemption Date, or prior thereto, upon presenta-
tion and surrender thereof, the City Treasurer shall pay the
principal of and redemption premium on each Bond the maturity of
which has been so advanced from monies in the Assessment Prepay-
ment Account. Interest accrued on each such Bond to the earlier
of the Principal Payment Date or Redemption Date shall be paid
from monies in the Assessment Installment Account.
Any amounts remaining in the Redemption Fund or the
accounts thereof after payment of all of the Bonds and the
interest thereon shall be applied in accordance with Section 4.8.
Section 4.5. Prepayment of Assessment. The owner of
assessed land, except land which has been ordered to judicial
foreclosure, may prepay the Assessment and remove the lien of the
Assessment by paying to the City Treasurer the sum of the follow-
ing amounts:
(a) The amount of any delinquent installments of
principal and interest, together with penalties accrued to the
date of prepayment.
(b) The unpaid, nondelinquent principal of the
Assessment, including principal posted to the tax roll for the
current Fiscal Year but not yet paid.
(c) An allowance for the applicable redemption
premium. Unmatured principal excludes principal due during the
Fiscal Year of prepayment.
(d) A reasonable fee, fixed by the City Treasur-
er, for the cost of administering the prepayment and the advance
redemption of Bonds.
(e) Interest accrued to the next call date of the
Bonds. The next call date shall be the next Interest Payment
Date which is not less than 90 days after the date of prepayment.
Credit shall be given, or refund provided, for installments of
interest posted to the current tax roll and actually paid.
(f) Where the owner's land has been ordered to
judicial foreclosure, the owner must pay additional amounts in
accordance with Part 14 of the Bond Act, provided that attorneys'
fees and costs of suit and post judgment interest are not re-
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quired to be paid into the Redemption Fund.
Section 4.6. Application of Prepaid Assessments4.6.
Application of Prepaid Assessments.• Upon receiving a prepayment
of an assessment, the City Treasurer shall deposit it in the
Assessment Prepayment Account of the Redemption Fund. All
prepayments may be commingled in a single account. From the
account the City Treasurer shall make disbursements in the
following priority as follows:.
(a) The administrative fee shall be deposited in
the general fund of the City.
(b) Delinquent principal, interest, and penalties
shall be transferred to the Redemption Fund.
(c) The installment of principal due in the
Fiscal Year of prepayment shall be transferred to the Redemption
Fund.
(d) Interest accrued to the next call date shall
be transferred to the Redemption Fund.
(e) The balance in the Assessment Prepayment
Account shall be used to advance the maturity of Bonds to the
next call date as provided in Part 11 and Part 11.1 of the Bond
Act. The amount of Bonds to be retired shall be the maximum for
which principal and redemption premium may be paid in full from
the Assessment Prepayment Account. Accrued interest on Bonds to
be retired shall be paid from the Redemption Fund.
Section 4.7. Certain Procedures Upon Redemption4.7.
Certain Procedures Upon Redemption. If notice of redemption is
given, the Bonds so advanced shall mature and become payable on
the date fixed for redemption in the notice. The Owner of any
such Bond may, prior to the date of redemption, with the consent
of the City Treasurer, surrender it and receive the principal and
interest thereon to the date of payment together with the
redemption premium provided for the Bond. If the Bond has not
been sooner surrendered on the date fixed for redemption, the
City Treasurer shall set aside to the credit of the Owner of the
Bond the amount of principal and accrued interest then due on the
Bond together with the redemption premium and the Bond shall then
be deemed to have matured and interest shall cease to accrue on
the Bond. The amount so set aside shall upon demand and upon the
surrender and cancellation of the Bond be paid to the Owner of
the Bond.
Section 4.8. Redemption Fund Surplus4.8. Redemption
Fund Surplus. If there is a surplus remaining in the Redemption
Fund after payment of all Bonds and the interest thereon, that
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surplus shall be repaid in accordance with the provisions'of
Section 8783 of the Bond Act to persons paying supplemental
assessments, if any, and the balance may be proportionately
credited upon the final installments due upon the Assessments
securing the Bonds and repaid to those persons whose Assessments
have been previously paid or may be transferred to the general
fund of the City.
Section 4.9. Investments. (a) All moneys in any of
the funds or accounts established pursuant to this Resolution
shall be invested by the City Treasurer solely in Authorized
Investments. Obligations purchased as an investment of moneys in
any fund or account shall be deemed to be part of such fund or
account.
All interest or gain derived from the investment of
amounts in any of the funds or accounts shall be deposited in the
fund or account from which such investment was made. The City
Treasurer shall incur no liability for losses arising from any
investments made pursuant to this Section.
(b) For the purpose of determining the amount in any
fund or account established hereunder, the value of investments
credited to such fund or account shall be calculated at the cost
thereof, excluding accrued interest and brokerage commissions, if
any.
(c) Moneys in the Redemption Fund shall be invested
only in obligations which will by their terms mature on such
dates as to ensure the timely payment of principal and interest
on the Bonds as the same become due.
Subject to the restrictions set forth in Section 5.3,
the City Treasurer shall sell at the best price obtainable or
present for redemption any obligations so purchased whenever it
may be necessary to do so in order to provide moneys to meet any
payment or transfer for such funds and accounts or from such
funds and accounts. For the purpose of determining at any given
time the balance in any fund or account, any such investments
constituting a part of such fund and account shall be valued at
their amortized cost.
SECTION 5. COVENANTS.
So long as any of the Bonds issued hereunder are
outstanding, the City makes the following covenants with the
Owners under the provisions of the Bond Act (to be performed by
the City or its proper officers, agents or employees) which
covenants are necessary, convenient and desirable to secure the
Bonds and tend to make them more marketable; provided, however,
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that said covenants do not require the City to expend any 'funds
other than the Assessment Installments.
Section 5.1. 5.1. Punctual PaymentPunctual Payment.
The City will punctually pay or cause to be paid the principal
of, and interest and any premium on, the Bonds when and as due in
strict conformity with the terms of this Resolution and any
Supplemental Resolution, and it will faithfully observe and
perform all of the conditions, covenants and requirements of this
Resolution and all Supplemental Resolutions and of the Bonds.
Section 5.2. Limited Obligation; No Required Advances
From Available Surplus FundsSection 5.2. Limited Obligation; No
Required Advances From Available Surplus Funds. The Bonds are
limited obligation improvement bonds under Section 8769 of the
Bond Act and are payable solely from and secured solely by the
Assessments and the amounts in the Redemption Fund created
hereunder. Notwithstanding any other provision of this
Resolution, the City is not obligated to, but may in its sole and
absolute discretion, advance available surplus funds from the
City treasury to cure any deficiency in the Redemption Fund.
Section 5.3. Tax CovenantsSection 5.3. Tax Covenants.
(a) The City Council covenants that, in order to
maintain the exclusion from gross income for Federal income tax
purposes of the interest on the Bonds, and for no other purpose,
it will satisfy, or take such actions as may be necessary to
cause to be satisfied, each provision of the Code necessary to
maintain such exclusion. In furtherance of this covenant, the
Board covenants to comply with such written instructions as may
be provided by Bond Counsel.
(b) The City Council covenants that no part of the
proceeds of the Bonds shall be used, directly or indirectly, to
acquire any "investment property," as defined in Section 148 of
the Code, and it shall not take or permit to be taken any other
action or actions, which would cause any of the Bonds to be an
"arbitrage bond" within the meaning of Section 148 of the Code,
as in effect from time to time, or under applicable Treasury
regulations promulgated thereunder.
(c) The City Council covenants that it will not take
any action or omit to take any action, which action or omission,
if reasonably expected on the date of initial execution and
delivery of the Bonds, would result in a loss of exclusion from
gross income for purposes of Federal income taxation, under
Section 103 of the Code, of interest on the Bonds.
(d) The City Council covenants that it will not use or
permit the use of the proceeds of the Bonds by any person (other
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than the City or other state or local governmental unit) in such
manner or to such extent as would result in a loss of exclusion
of the interest on the Bonds from gross income for Federal income
tax purposes under Section 103 of the Code.
(e) Notwithstanding any provision of this Resolution,
and except as provided below, the City Council covenants that
none of the moneys contained in any of the funds created pursuant
to this Resolution shall be (i) used in making loans guaranteed
by the United States (or any agency or instrumentality thereof),
(ii) invested directly or indirectly in a deposit or account
insured by the Federal Deposit Insurance Corporation, National
Credit Union Administration or any other similar Federally
chartered corporation, or (iii) otherwise invested directly or
indirectly in obligations guaranteed (in whole or in part) by the
United States (or any agency or instrumentality thereof); provid-
ed, however, that the above restrictions do not apply to: (i)
the investment of moneys held in the Assessment Installment
Account "bona fide debt service fund," as defined for purposes of
Section 148 of the Code, (ii) investments in direct obligations
of the United States Treasury, (iii) investments in obligations
guaranteed by the Federal National Mortgage Association, Govern-
ment National Mortgage Association or the Federal Home Loan
Mortgage Corporation, (iv) investments in obligations issued
pursuant to Section 21B(d)(3) of the Federal Loan Bank Act, as
amended by Section 511(a) of the Financial Institutions Reform,
Recovery and Enforcement Act of 1989, (v) investments permitted
under regulations issued pursuant to Section 149(b)(3)(B) of the
Code, or (vi) such other investments as, in the opinion of Bond
Counsel, are investments permitted under the Resolution that do
not jeopardize the exclusion from gross income for Federal income
tax purposes of the interest on the Bonds.
Section 5.4. GeneralSection 5.4. General. The City
shall do and perform or cause to be done and performed all acts
and things required to be done or performed by or on behalf of
the City under the provisions of this Resolution. The City
warrants that upon the date of execution and delivery of the
Bonds, the conditions, acts and things required by law and this
Resolution to exist, to have happened and to have been performed
precedent to and in the execution and delivery of such Bonds do
exist, have happened and have been performed and the execution
and delivery of the Bonds shall comply in all respects with the
applicable laws of the State.
Section 5.5. Protection of Security and Rights of
Owners5.5. Protection of Security and Rights of Owners. The
City will preserve and protect the security of the Bonds and the
rights of the Owners thereto, and will warrant and defend their
rights to such security against all claims and demands of all
persons. From and after the delivery of the Bonds by the City,
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the Bonds shall be incontestable by the City.
Section 5.6. Compliance with the Law, Completion of
Project. The City will comply with all applicable provisions of
the law in completing the construction of the Project; provided
that the City shall have no obligation to advance any funds to
complete the Project in excess of the amounts available therefor
in the Improvement Fund.
Section 5.7. Against Encumbrances. The City will not
encumber, pledge or place any charge or lien upon any of the
unpaid Assessments or other amounts pledged to the Bonds superior
to or on a parity with the pledge and lien herein created for the
benefit of the Bonds, except as permitted by this Resolution or
the Bond Act.
Section 5.8. Collection of Assessments5.8. Collection
of Assessments. The City shall comply with all requirements of
the Bond Act so as to assure the timely collection of the unpaid
Assessments.
Section 5.9. Accounting Records and Statements5.9.
Accounting Records and Statements. The City will keep or cause
to be kept proper accounting records in which complete and
correct entries shall be made of all transactions relating to the
receipt, deposit and disbursement of the Assessment Installments,
and such accounting records shall be available for inspection
upon five business days' written notice by any Owner or such
Owner's agent duly authorized in writing at reasonable hours and
under reasonable conditions.
Section 6. DEFEASANCE6. DEFEASANCE.
Section 6.1. Defeasance. If all Outstanding Bonds
shall be paid and discharged in any one or more of the following
ways:
(a) by paying or causing to be paid the principal
of and interest with respect to all Bonds Outstanding, as and
when the same become due and payable;
(b) by depositing with the City Treasurer, at or
before maturity, an amount which, together with the amounts then
on deposit in the Redemption Fund, is fully sufficient to pay the
principal of and premium (if any) and interest on all Bonds Out-
standing as and when the same shall become due and payable or, in
the event of redemption thereof, before their respective maturity
dates; or
(c) by depositing with the City Treasurer Federal
Securities in such amount as the City shall determine, as veri-
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fied by a nationally recognized Independent Public Accountant,
will, together with the interest to accrue thereon and moneys
then on deposit in the Redemption Fund together with the interest
to accrue thereon, be fully sufficient to pay and discharge the
principal of, and premium (if any) and interest on all Bonds
Outstanding as and when the same shall become due and payable;
then, at the election of the City, and notwithstanding that any
Bonds shall not have. been surrendered for payment, all obliga-
tions of the City under this Resolution with respect to all
Outstanding Bonds shall cease and terminate, except for (i) the
obligation of the City Treasurer to pay or cause to be paid to
the Owners of the Bonds not so surrendered and paid, all sums due
thereon, and (ii) the City's obligations under Sections 5.3 and
5.5. Any funds held by the City Treasurer, at the time of
receipt of such notice from the City, which are not required for
the purpose above mentioned, shall be applied in accordance with
Section 8784 of the Act.
SECTION 7. SUPPLEMENTAL RESOLUTIONS.
Section 7.1. Supplemental Resolutions Without Owner.
Consent7.1. Supplemental Resolutions Without Owner Consent. -The
City, may from time to time, and at any time, without notice -to
or consent of any of the Owners, adopt resolutions supplemental
hereto as shall not be inconsistent with the terms and provisions
hereof for any of the following purposes:
(a) to cure any ambiguity, to correct or supple-
ment any provision herein which may be inconsistent with any.
other provision herein, or to make any other provision with
respect to matters or questions arising under this Resolution: or
in any supplemental resolution, provided that such action shall
not adversely affect the interests of the Owners;
(b) to add to the covenants and agreements of and
the limitations and the restrictions upon the City contained in
this Resolution other covenants, agreements, limitations and
restrictions to be observed by the City which are not contrary to
or inconsistent with this Resolution as theretofore in effect;
and
(c) to modify, alter, amend or supplement this
Resolution in any other respect which is not materially adverse
to the interests of the Owners.
Section 7.2. Supplemental Resolutions with Owner
Consent7.2. Supplemental Resolutions with Owner Consent. Except
as provided in Section 7.2, the Owners of a majority in aggregate
principal amount of the Bonds then Outstanding shall have the
right to consent to and approve the execution of such
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supplemental resolutions as shall be deemed necessary or
desirable for the purpose of waiving, modifying, altering,
amending, adding to or rescinding, in any particular, any of the
terms or provisions contained in this Resolution or in any
supplemental resolution or agreement; provided, however, that
nothing herein shall permit, or be construed as permitting,
(a) an extension of the maturity date of the principal of, or the
payment date of interest on, any Bond, (b) a reduction in the
principal amount of, or redemption price of, any Bond or the rate
of interest thereon, (c) a preference or priority of any Bond or
Bonds over any other Bond or Bonds, or (d) a reduction in the
percentage of Bonds the Owners of which are required to consent
to such supplemental resolution, without the consent of the
Owners of all Bonds then Outstanding. In no event, however, may
a modification or amendment provide for the issuance of addition-
al bonds, notes or other evidences of indebtedness payable out of
the Assessment Installments.
Section 7.3. Notice of Supplemental Resolution to
Owners7.3. Notice of Supplemental Resolution to Owners. If at
any time the parties hereto shall desire to enter into a
resolution supplemental hereto, which pursuant to the terms of
Section 7.2 shall require the consent of the Owners, the City
shall cause notice of the proposed resolution to be mailed,
postage prepaid, to all Owners at their addresses as they appear
in the Registration Books. Such notice shall briefly set forth
the nature of the proposed resolution and shall state that a copy
thereof is on file at the office of the City for inspection by
all Owners. The failure of any Owner to receive such notice
shall not affect the validity of such resolution when consented
to and approved as in Section 7.2 provided. Whenever at any time
within one year after the date of the first mailing of such
notice, the City shall receive an instrument or instruments
purporting to be executed by the Owners of not less than a
majority in aggregate principal amount of the Bonds then Out-
standing, which instrument or instruments shall refer to the
proposed resolution described in such notice, and shall specifi-
cally consent to and approve it substantially in the form of the
copy thereof referred to in such notice as on file with the City,
such proposed resolution, when duly adopted by the City, shall
thereafter become a part of the proceedings for the issuance of
the Bonds. In determining whether the Owners of the requisite
aggregate principal amount of the Bonds have consented to the
adoption of any supplemental resolution, Bonds which are owned by
the City or by any person directly or indirectly controlling or
controlled by or under direct or indirect common control with the
City, shall be disregarded and shall be treated as though they
were not Outstanding for the purpose of any such determination.
Upon the adoption of any resolution supplemental hereto
and the receipt of consent to any such resolution from the Owners
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of the appropriate aggregate principal amount of Bonds in in-
stances where such consent is required, this Resolution shall be,
and shall be deemed to be, modified and amended in accordance
therewith, and the respective rights, duties and obligations
under this Resolution of the City and all Owners of Bonds then
Outstanding shall thereafter be determined, exercised and en-
forced hereunder, subject in all respects to such modifications
and amendments.
SECTION 8. DEFAULT.
Section 8.1. Events of Default8.1. Events of Default.
If any of the following events occur, it is hereby declared to
constitute an "Event of Default":
(a) Default in the due and punctual payment of
interest on any Bond, whether at the stated Interest Payment Date
thereof, or upon proceedings for redemption thereof;
(b) Default in the due and punctual payment of
the principal of or premium, if any, on any Bond, whether at the
stated Principal Payment Date thereof, or upon proceedings -for
redemption thereof; or
(c) Failure by the city to observe and perform
any material covenant, condition or agreement required by this
Resolution to be performed by it (other than a default described
in clause (a) or (b) above) for a period of 60 days following
written notice to the City from any Owner of such failure;
provided, however, if the City is in good faith attempting=to
remedy said failure and is unable to do so within the 60 day time
period, an additional 60 days shall be allowed.
Section 8.2. Remedies Not Exclusive; Non-waiver8.2.
Remedies Not Exclusive; Non -waiver. No remedy conferred hereby
upon any Owner is intended to be exclusive of any other remedy,
but each such remedy is cumulative and in addition to every other
remedy and may be exercised without exhausting and without regard
to any other remedy conferred by the Bond Act or any other law of
the State. No waiver of any default or breach of duty or
contract by any Owner shall affect any subsequent default or
breach of duty or contract or shall impair any rights or remedies
on said subsequent default or breach. No delay or omission of
any Owner to exercise any right or power accruing upon any
default shall impair any such right or power or shall be
construed as a waiver of any such default or acquiescence
therein. Every substantive right and every remedy conferred upon
the Owners may be enforced and exercised as often as may be
deemed expedient. In case any suit, action or proceeding to
enforce any right or exercise any remedy shall be brought or
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taken and the Owner shall prevail, said Owner shall be entitled
to receive reimbursement for reasonable costs, expenses, outlays
and attorney's fees and should said suit, action or proceeding be
abandoned, or be determined adversely to the Owners then, and in
every such case, the City and the Owners shall be restored to
their former positions, rights and remedies as if such suit,
action or proceeding had not been brought or taken.
Section 8.3. Limited Liability of the City to the
Owners8.3. Limited Liability of the City to the Owners. Except
for the collection of the Assessment Installments and the
observance and performance of the other conditions, covenants and
terms contained herein or in the Bond Act required to be observed
or performed by it, the City shall not have any obligation or
liability to the Owners with respect to this Resolution or the
preparation, authentication, delivery, transfer, exchange or
cancellation of the Bonds. Pursuant to the Resolution of
Intention relating to these proceedings, the City has determined
that no funds of the City will be available to pay principal of,
premium, if any, or interest on the Bonds. In such Resolution of
Intention the City has determined that pursuant to Section 8769
of the Bond Act, the. City will not obligate itself to advance
available funds from the District's treasury to cure any
deficiency which may occur in the Redemption Fund.
Section 8.4. Action by Owners Upon Default. In the
event the City fails to take any action to eliminate an Event of
Default under Section 8.1 hereof, the Owners of a majority in
aggregate principal amount of Outstanding Bonds may institute any
suit, action, mandamus or other proceeding in equity or at law
for the protection or enforcement of any right under this Resolu-
tion, but only if such Owners have first made written request of
the City, after the right to exercise such powers or right of
action shall have occurred, and shall have afforded the City a
reasonable opportunity either to proceed to exercise the powers
granted herein or granted under law or to institute such action,
suit or proceeding in its name and unless also, the City shall
have been offered reasonable security and indemnity against the
costs, expenses and liabilities to be incurred therein or there-
by, and the City shall have refused or neglected to comply with
such request within a reasonable time. Any moneys recovered in
such suit, action, mandamus or other proceedings shall be applied
first to the payment of the reasonable costs and expenses of the
Owners in bringing such suit, action, mandamus or other proceed-
ing, including reasonable compensation to their agents and
attorney.
SECTION 9. MISCELLANEOUS.
Section 9.1. Partial Invalidity. If any section,
970918 10649-00001 rdh/gp 1673018 1
- 24 -
paragraph, subdivision, sentence, clause or phrase of this
Resolution shall for any reason be adjudged by any court of
competent jurisdiction to be unconstitutional, unenforceable or
invalid, such judgment shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby
declares that it would have adopted this Resolution and each and
every other section, paragraph, subdivision, sentence, clause and
phrase hereof and would have authorized the issuance of the Bonds
pursuant hereto irrespective of the fact that any one or more
sections, paragraphs, subdivisions, sentences, clauses or phrases
of this Resolution or the application thereof to any person or
circumstance, may be held to be unconditional, unenforceable or
invalid.
Section 9.2. General Authorization. The officers of
the City are hereby authorized and directed, jointly and several-
ly, to do all acts and things which may be required of them by
this Resolution, or which may be necessary or desirable in
carrying out the issuance of the Bonds as provided by this
Resolution and all matters incidental thereto, including, without
limitation, to execute such agreements, certificates, receipts,
opinions and other documents, and to deliver at theclosing and
delivery of the Bonds any and all of the foregoing as may be
appropriate in the circumstances. All such acts and things
heretofore done are hereby approved, ratified and confirmed.
Section 9.3. Personal Liability. The City or any
officer, agent or employee thereof, shall not be individually or
personally liable for the payment of the principal of or inter-
est on the Bonds; but nothing herein contained shat relieve any
such entity, officer, agent or employee from the performance of
any official duty provided by law.
Section 9.4. Payment of Business Day. In any case
where the date of the maturity of interest or of principal (and
premium, if any) of the Bonds or the date fixed for redemption of
any Bonds or the date any action is to be taken pursuant to this
Resolution is other than a Business Day, the payment of interest
or principal (and premium, if any) or the action need not be made
on such date but may be made on the next succeeding day which is
a Business Day with the same force and effect as if made on the
date required and no interest shall accrue for the period after
such date.
Section 9.5. Employment of Agents by the City. In
order to perform its duties and obligations hereunder, the City
may employ such persons or entities as it deems necessary or
advisable. The City shall not be liable for any of the acts or
omissions of such persons or entities employed by it in good
faith hereunder, and shall be entitled to rely, and shall be
fully protected in doing so, upon the opinions, calculations,
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970918 10649-00001 rdh/gp 1673018 1
determinations and directions of such persons or entities.
Section 9.6. Qualified Tax -Exempt Obligations. The
total aggregate principal amount of'Bonds to be issued pursuant
to this Resolution is the total amount of all "tax-exempt bonds"
and all "qualified tax-exempt obligations" (within the meaning of
such terms under Sections 148(f) (4) (D) and 265(b)(3), respective-
ly, of the Code) which have been or which are reasonably expected
to be issued by the City during this calendar year. No Bond is a
"private activity bond" within the meaning of that term under
Section 141 of the Code. Ninety-five percent or more of the net
proceeds of the Bonds are to be used for local governmental
activities of the City. Neither the City nor any other subordi-
nate entities of the City have issued any such qualified tax-
exempt obligations during this calendar year and it is reasonably
expected that none will be issued, other than the Bonds. Thus,
the total aggregate principal amount of tax-exempt bonds and
qualified tax-exempt obligations issued or reasonably expected to
be issued during this calendar year by the City and any subordi-
nate entities of the City does not exceed either $5,000,000 or
$10,000,000. The Bonds are hereby designated as "qualified tax-
exempt obligations."
Section 9.7. Disqualified Bonds. In determining
whether the Owners of the requisite aggregate principal amount of
Bonds have concurred in any demand, request, direction, consent
or waiver under this Resolution, Bonds which are owned or held by
or for the account of the City shall be disregarded and deemed
not to be Outstanding for the purpose of any such determination,
provided, however, that for the purpose of determining whether
the City Treasurer shall be protected in relying on any such
demand, request, direction, consent or waiver, only Bonds which
the City Treasurer knows to be so owned or held shall be disre-
garded.
Section 9.8. Sale of Bonds to Purchaser; Purchase
Contract. The Bonds shall be sold to the Purchaser. As pre-
sented to this meeting and on file with the City Clerk of the
City, the form of Purchase Contract is hereby approved and the
Mayor is hereby authorized and directed, for and in the name and
on behalf of the City, to execute the Purchase Contract and to
deliver it to the Purchaser in substantially the form hereby
approved, with such changes therein as the Mayor may approve,
such approval to be conclusively evidenced by the Mayor's execu-
tion and delivery thereof.
PASSED, APPROVED AND ADOPTED thisday of
1997.
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Mayor
ATTEST:
City Clerk
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Exhibit A
LIST OF UNPAID ASSESSMENTS
CITY OF HERMOSA BEACH
LOWER PIER AVENUE ASSESSMENT DISTRICT
LIMITED OBLIGATION IMPROVEMENT BONDS
SERIES 1997
WHEREAS, an assessment and diagram were recorded in the
offices of the City of Hermosa Beach, California (the "City") on
October 23, 1997 for the installation and construction of the
improvements described in the proceedings taken pursuant to
Resolution No. 96-5811, as amended, of the City Council of the
City;
WHEREAS, notice of recordation of the assessment and of the
place where and the time within which the individual assessments
could be paid, in whole or in part, has been duly given in the
time and form provided by law, and the time so provided for such
payments has expired;
NOW, THEREFORE, the undersigned City Treasurer of the City,
being the person designated to receive payments of assessments,
does hereby certify that Exhibit 1, attached hereto, and by this
reference made a part hereof, is a true, correct and complete
list of all assessments remaining unpaid upon such assessment and
that this List of Unpaid Assessments is on file in the office of
the City Clerk.
The total amount of unpaid assessments is $400,000.
Dated:
City Treasurer
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Assessor's Parcel No.
Exhibit 1
Assessment
4183-002-001 $38,055.82
4183-002-017 $42,812.80
4183-002-009 $15,555.31
4183-002-020 $14,270.93
4183-002-021 $14,270.93
4183-002-012 $14,033.08
4183-002-013 $14,746.63
4183-002-014 $14,033.08
4183-002-015 $26,781.78
4183-005-011 $14,270.93
4187-005-012 $14,270.93
4187-005-013 $26,496.36
4187-005-024 $50,504.83
4187-005-005 $14,270.93
4187-005-006 $14,270.93
4187-005-026 $42,812.80
4187-005-009 $14,270.93
4187-005-010 $14,270.93
970918 10649-00001 rdh/gp 1673018 1
Exhibit B
[FORM OF BOND]
United States of America
State of California
County of Los Angeles
REGISTERED NUMBER 1 $400,000
CITY OF HERMOSA BEACH
LOWER PIER AVENUE ASSESSMENT DISTRICT
LIMITED OBLIGATION IMPROVEMENT BOND
SERIES 1997
REGISTERED OWNER: ABN-AMRO
Under and by virtue of the Improvement Bond Act of
1915, Division 10 (commencing with Section 8500) of the Califor-
nia Streets and Highways Code (the "Act"), the City of Hermosa
Beach (the "City"), County of Los Angeles, State of California,
will, out of the Redemption Fund for the payment of the Bonds
issued upon the unpaid assessments made for the work and improve-
ments more fully described in proceedings taken pursuant to
Resolution of Intention No. 96-5811, adopted by the City Council
of the City on June 11, 1996, as amended, pay to the registered
owner hereof, or registered assigns, the principal sum of
$400,000 in the amounts and on the dates as follows:
Maturity Date
(September 2)
970918 10649-00001 rdh/gp 1673018 1
Principal
Amount
in lawful money of the United States of America and in like
manner will pay interest on the unpaid balance hereof at the rate
of 611 percent per annum, payable semiannually on March 2 and
September 2 (each an "Interest Payment Date") in each year
commencing on March 2, 1999. This Bond bears interest from the
Interest Payment Date next preceding its date of authentication
and registration, unless this Bond is authenticated and regis-
tered (i) on an Interest Payment Date, in which event interest
shall be payable from such date of authentication and registra-
tion, (ii) prior to an Interest Payment Date and after the close
of business on the fifteenth day of the month immediately preced-
ing such Interest Payment Date, in which event it shall bear
interest from such Interest Payment Date, or (iii) prior to the
close of business on February 15, 1998, in which event it shall
bear interest from the Bond Date stated above, until payment of
such principal sum shall have been discharged; provided, however,
that if at the time of authentication of such Bond, interest is
in default, interest on that Bond shall be payable from the last
Interest Payment Date to which the interest has been paid or made
available for payment. Principal of and interest on the Bond
shall be paid by check of the City mailed by the City Treasurer
on or before the Interest Payment Date by first class mail,
postage prepaid, to the person whose name appears in. the Regis-
trations Books as the Owner of such Bond as of the fifteenth day
of the calendar month immediately preceding each Interest Payment
Date, to the address of that person on the Registration Books,
provided that the payment of principal of the Bond on the final
maturity date and the payment of the principal of the Bond and
any premium due upon the redemption thereof shall be•payable upon
presentation and surrender thereof at maturity or earlier redemp-
tion at the office of the City Treasurer in Hermosa..Beach,
California.
This Bond will continue to bear interest after maturity
at the rate above stated, provided that it is presented at
maturity and payment thereof is refused upon the sole ground that
there are not sufficient moneys in the Redemption Fund with which
to pay same. If it is not presented at maturity interest hereon
will run only until maturity.
This Bond is issued by the City of Hermosa Beach under
the Act and Resolution No. of the City Council of the
City (the "Resolution of Issuance") in the aggregate principal
amount of $400,000 for the purpose of providing means for paying
for the improvements described in the proceedings, and is secured
by the moneys in the Redemption Fund and by the unpaid assess-
ments made for the payment of those improvements, and, including
principal and interest, is payable exclusively out of the Redemp-
tion Fund and certain other funds and accounts as provided in the
Resolution. The City will not obligate itself to advance avail-
able funds from the City treasury to cure any deficiency which
970918 10649-00001 rdh/gp 1673018 1
may occur in the Redemption Fund.
This Bond is transferable by the registered owner
hereof, in person or by the owner's attorney duly authorized in
writing, at the office of the City Treasurer, subject to the
terms and conditions provided in the Resolution of Issuance,
including the payment of certain charges, if any, upon surrender
and cancellation of this Bond. Upon transfer, a new registered
Bond or Bonds, of any authorized denomination or denominations,
of the same maturity, and for the same aggregate principal
amount, will be issued to the transferee in exchange therefor.
Bonds shall be registered only in the name of an
individual (including joint owners), a corporation, a partnership
or a trust.
The City shall not be required to exchange or to
register the transfer of Bonds during the fifteen days immediate-
ly preceding any interest payment date or of any Bonds selected
for redemption in advance of maturity.
The City may treat the owner hereof as the absolute
owner for all purposes, and the City shall not be affected by any
notice to the contrary.
This Bond or any portion of it in the amount of five
thousand dollars ($5,000), or any integral multiple thereof, may
be redeemed and paid in advance of maturity upon the second day
of March or September in any year by giving at least 30 days'
notice by registered or certified mail, postage prepaid, or by
personal service to the registered owner hereof at the registered
owner's address as it appears on the registration books of the
City and by paying principal and accrued interest together with a
premium equal to three percent of the principal. Interest shall
cease to accrue from and after the date of redemption.
This Bond is subject to refunding pursuant to the
procedure of Division 11 (commencing with Section 9000) or
Division 11.5 (commencing with Section 9500) of the Streets and
Highways Code of the State of California prior to maturity.
This Bond shall not be entitled to any benefit under
the Act or the Resolution of Issuance, or become valid or obliga-
tory for any purpose, until the certificate of authentication and
registration hereon endorsed shall have been dated and signed by
the Finance Director of the City.
970918 10649-00001 rdh/gp 1673018 1
IN WITNESS WHEREOF, the City of Hermosa Beach, Califor-
nia has caused this Bond to be signed by the City Treasurer and
by the City Clerk, and has caused its corporate seal to be
impressed hereon all as of , 1997.
CITY OF HERMOSA BEACH, CALIFORNIA
City Clerk City Treasurer
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This is one of the Bonds described in the within
mentioned Resolution which has been authenticated and registered
on
Finance Director
970918 10649-00001 rdh/gp 1673018 1
ASSIGNMENT
For value received, the undersigned do(es) hereby sell,
assign and transfer unto
the within -mentioned Bond and hereby irrevocably
constitute (s) and appoint (s)
attorney, to transfer the same on the books kept for
registration hereof with full power of substitution in the
premises.
Dated:
970918 10649-00001 rdh/gp 1673018 1
NOTICE: The signature to this assignment must correspond
with the name as it appears upon the within Bond in every
particular, without alteration or enlargement or any change
whatsoever.
EXHIBIT C
[FORM OF REQUISITION]
REQUISITION NO.
with reference to
$400, 000
City of Hermosa Beach
Lower Pier Avenue Assessment District
Limited Obligation Improvement Bonds
Series 1997
1. The City of Hermosa Beach (the "City") hereby requests
the City Treasurer to pay from the moneys in the Improvement Fund
established pursuant to Section 4.1 of the Resolution, the
amounts shown on Schedule I attached hereto to the parties
indicated in Schedule I.
2. The payees, the purposes for which the costs have been
incurred, and the amount of the disbursements requested are
itemized on Schedule I hereto.
3. Each obligation mentioned in Schedule I hereto has been
properly incurred and is a proper charge against the Improvement
Fund. None of the items for which payment is requested has been
reimbursed previousl-y from the Improvement Fund.
Dated:
970918 10649-00001 rdh/gp 1673018 1
CITY OF HERMOSA BEACH
By:
B-1
Schedule I
Payee Purpose • Amount
970918 10649-00001 rdh/gp 1673018 1
D-2
3b
$400,000
City of Hermosa Beach
Lower Pier Avenue Assessment District
Limited Obligation Improvement Bonds
Series 1997
Purchase Contract
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254-3685
Ladies and Gentlemen:
, 1997
The undersigned (the "Purchaser") hereby offers to
enter into the following agreement with the City of Hermosa Beach
(the "City"). Upon the acceptance hereof by you, this offer will
be binding upon the City and the Purchaser. This offer is made
subject to (i) the written acceptance hereof by you and (ii)
withdrawal by the Purchaser upon written notice (by telegraph or
otherwise) delivered to you at any time prior to the acceptance
hereof by you.
1. Purchase and Sale. Upon the terms and conditions
and upon the basis of the representations, warranties and
agreements set forth herein, the Purchaser hereby agrees to
purchase from the City at the Closing Time on the Closing Date
(both as defined herein), and the City hereby agrees to sell and
deliver to the Purchaser, $400,000 aggregate principal amount of
its City of Hermosa Beach, Lower Pier Avenue Assessment District,
Limited Obligation Improvement Bonds, Series 1997 (the "Bonds").
The Bonds shall be dated the Closing Date (as hereafter defined)
and shall mature on the dates and bear interest at the rates
shown on Exhibit A hereto. Interest on the Bonds shall be
payable each March 2 and September 2 to maturity or earlier
redemption of the Bonds, beginning March 2, 1999. The purchase
price for the Bonds shall be $400,000. (The date of such payment
and delivery is referred to herein as the "Closing Date," the
hour and date of such delivery and payment is referred to herein
as the "Closing Time," and the other actions contemplated hereby.
to take place at the time of such payment and delivery being
herein sometimes called the "Closing").
2. The Bonds. The Bonds shall be described in, and
shall be issued and secured pursuant to, the provisions of the
Constitution and the laws of the State of California including
the provisions of the Improvement Bond Act of 1915, being
Division 10 of the California Streets and Highways Code,
commencing with Section 8500 (the "Bond Act"), and Resolution No.
, adopted by the City Council on , 1997 (the
"Resolution"). The Bonds are being issued for the purpose of
970918 10649-00001 rdh 1673025 0
financing the Project. The Bonds are secured by the Assessment
Installments.
The Bonds shall be payable and shall be subject to
redemption as provided in the Resolution.
Capitalized terms used herein and not otherwise defined
shall, unless the context requires otherwise, be as defined in
the Resolution.
3. Representations, Warranties and Agreements of the
City. The City represents, warrants and agrees as follows:
(a) The City is a general law city organized and
validly existing under the laws of the State of California.
(b) The City has full legal right, power and authority
(i) to adopt the Resolution, to enter into this Purchase
Contract, and to sell, issue and deliver the Bonds to the
Purchaser as provided herein; and (ii) to carry out and
consummate the transactions on its part contemplated by the
Resolution and this Purchase Contract.
(c) By all necessary official action, the City has duly
adopted the Resolution and authorized and approved the
Purchase Contract and has duly authorized and approved the
execution and delivery of, and the performance by the City
of the obligations in connection with the issuance of the
Bonds on its part contained in the Resolution, Bonds and the
Purchase. Contract, and the consummation by it of all other
transactionscontemplated by the Resolution and the Purchase
Contract in connection with the issuance of the Bonds.
(d) To the best of its knowledge, the City is not in
any material respect in breach of or default under any
applicable constitutional provision, law or administrative
regulation of any state or of the United States, or any
agency or instrumentality of either, or any applicable
judgment or decree, or any loan agreement, indenture, bond,
note, resolution, agreement (including, without limitation,
the Resolution) or other instrument to which the City is a
party which breach or default has or may have an adverse
effect on the ability of the City to perform its obligations
under the Resolution, and no event has occurred and is
continuing which with the passage of time or the giving of
notice, or both, would constitute such a default or event of
default under any such instrument; and the execution and
delivery of the Bonds and the Purchase Contract, and
compliance with the provisions on the City's part contained
therein, will not conflict in any material way with or
constitute a material breach of or a material default under
any constitutional provision, law, administrative
regulation, judgment, decree, loan agreement, indenture,
bond, note, resolution, agreement or other instrument to
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970918 10649-00001 rdh 1673025 0
which the City is a party nor will any such execution,
delivery, adoption or compliance result in the creation or
imposition of any lien, charge or other security interest or
encumbrance of any nature whatsoever upon any of the
property or assets of the City or under the terms of any
such law, regulation or instrument, except as provided by
the Bonds and the Resolution.
(e) To the best of its knowledge, all authorizations,
approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or
commission having jurisdiction of the matter which are
required for the due authorization by, or which would
constitute a condition precedent to or the absence of which
would materially adversely affect the due performance by,
the City of its obligations in connection with the issuance
of the Bonds under the Purchase Contract and the Resolution
have been duly obtained.
(f) The Bonds, when issued, authenticated and delivered
in accordance with the Resolution, and sold to the Purchaser
as provided herein, will be validly issued and outstanding
special obligations of the City payable solely from and
secured solely by the Assessments and the amounts in the
Redemption Fund, entitled to the benefits of the Resolution,
and upon such issuance and delivery, the Resolution will
provide, for the benefit of the owners from time to time of
the Bonds, the legally valid and binding pledge of and lien
and security interest it purports to create.
(g) As of the date hereof, there is no action, suit,
proceeding, inquiry or investigation, notice of which has
been served on the City, at law or in equity before or by
any court, government agency, public board or body, pending
or to the best knowledge of the officer of the City
executing this Purchase Contract, threatened against the
City, affecting the existence of the City or the titles of
its officers to their respective offices, or affecting or
seeking to prohibit, restrain or enjoin the sale, issuance
or delivery of the Bonds or the pledge and lien of the
Assessment Installments pursuant to the Resolution, or
contesting or affecting as to the City the validity or
enforceability of the Bond Act, the Bonds or the Resolution
or Purchase Contract, or contesting the tax-exempt status of
interest on the Bonds, or contesting the powers of the City
for the issuance of the Bonds, or the execution and delivery
or adoption by the City of the Resolution or Purchase
Contract, or in any way contesting or challenging the
consummation of the transactions contemplated hereby or
thereby; nor, to the best knowledge of the City, is there
any basis for any such action, suit, proceeding, inquiry or
investigation, wherein an unfavorable decision, ruling or
finding would materially adversely affect the validity of
the Bond Act, as to the City, or the authorization,
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970918 10649-00001 rdh 1673025 0
execution, delivery or performance by the City of the Bonds
or the Resolution or Purchase Contract.
(h) The City will furnish such information, execute
such instruments and take such other action in cooperation
with the Purchaser as the Purchaser may reasonably request
in order assure or maintain the tax-exempt status of the
interest on the Bonds.
(i) The City will refrain from taking any action, or
permitting any action to be taken, with regard to which the
City may exercise control, that results in the loss of the
tax-exempt status of the interest on the Bonds.
(j) Any certificate signed by any officer of the City
and delivered to the Purchaser pursuant to the Resolution,
this Purchase Contract or any document contemplated thereby
shall be deemed a representation and warranty by the City to
the Purchaser as to the statements made therein.
(k) So long as any of the Bonds are outstanding and
except as may be authorized by the Resolution, the City will
not issue or sell any bonds or other obligations, other than
the Bonds sold thereby, the interest on and premium, if any,
or principal of which will be payable from the payments to
be made under the Resolution.
(1) The City shall honor all other covenants on its
part contained in the Resolution which are incorporated
herein and made a part of this Purchase Contract.
4. Closing. At , Los Angeles time, on
, 1997, or on such earlier date or as soon thereafter
as practicable, as may be mutually agreed upon by the City and
the Purchaser, the City will, subject to the terms and conditions
hereof, cause the City Treasurer to deliver to the Purchaser the
Bonds, in definitive form duly executed by the City Treasurer,
together with the other documents hereinafter mentioned; and the
Purchaser will accept such delivery and will pay the purchase
price of the Bonds at the offices of Richards, Watson & Gershon,
Los Angeles, California as set forth in Paragraph 1(a) hereof by
delivering federal or other immediately available funds in the
amount of such purchase price to the City Treasurer. The Bonds
shall be prepared in fully registered form without coupons in
authorized denominations and registered in the name of the
Purchaser.
5. Closing Conditions. The Purchaser has entered into
this Purchase Contract in reliance upon the representations and
warranties of the City contained herein, and in reliance upon the
representations and warranties to be contained in the documents
and instruments to be delivered at the Closing and upon the
performance by the City of its obligations hereunder, both as of
the date hereof and as of the date of the Closing. Accordingly,
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970918 10649-00001 rdh 1673025 0
the Purchaser's obligations under this Purchase Contract to
purchase, to accept delivery of and to pay for the Bonds shall be
conditioned upon the performance by the City of its obligations
to be performed hereunder and under such documents and
instruments at or prior to the Closing, and shall also be subject
to the following additional conditions:
(a) The representations and warranties of the City
contained herein shall be true, complete and correct on the
date hereof and on and as of the date of the Closing, as if
made on the date of the Closing;
(b) At the time of the Closing, the Resolution shall be
in full force and effect in accordance with its terms and
shall not have been amended, modified or supplemented;
(c) At the time of the Closing, all necessary official
action of the City relating to the Resolution and the
Purchase Contract shall have been taken and shall be in full
force and effect and shall not have been amended, modified
or supplemented in any material respect;
(d) At or prior to the Closing, the Purchaser shall
have received copies of each of the following documents:
(1) A copy of the Resolution;
(2) Certificates of the City with respect to the
matters described in Section 3 and in paragraphs a,.b and c of
this Section 5;
(3) An opinion, dated the date of the Closing and
addressed to the City, of Richards, Watson & Gershon, A
Professional Corporation, Bond Counsel for the City,
substantially in the form attached hereto as Exhibit B;
(4) An opinion, dated the date of the Closing and
addressed to the Purchaser, of the City Attorney, in
substantially the form attached hereto as Exhibit C;
and
(5) Transcripts of all proceedings relating to
the authorization and issuance of the Bonds certified
by the City Clerk;
All the opinions, letters, certificates, instruments
and other documents mentioned above or elsewhere in this Purchase
Contract shall be deemed to be in compliance with the provisions
hereof if, but only if, they are in form and substance
satisfactory to Bond Counsel and the Purchaser. The opinions and
other documents presented as exhibits to this Purchase Contract
shall be deemed satisfactory provided they are substantially in
the forms attached as exhibits to this Purchase Contract.
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970918 10649-00001 rdh 1673025 0
111
If the City shall be unable to satisfy the conditions
to the obligations of the Purchaser to purchase, to accept
delivery of and to pay for the Bonds contained in this Purchase
Contract, or if the obligations of the Purchaser to purchase, to
accept delivery of and to pay for the Bonds shall be terminated
for any reason permitted by this Purchase Contract, this Purchase
Contract shall terminate and neither the Purchaser or the City
shall be under any further obligation hereunder.
6. Termination. The Purchaser shall have the right to
terminate the Purchaser's obligations under this Purchase
Contract to purchase, to accept delivery of and to pay for the
Bonds by notifying the City in writing or by telegram, of its
election to do so, if, after the execution hereof and prior to
the Closing: (a) the United States has become engaged in
hostilities which have resulted in a declaration of war or a
national emergency; (b) there shall have occurred the declaration
of a general banking moratorium by any authority of the United
States or the States of New York or California; (c) any
legislation, ordinance, rule or regulation shall be introduced
in, or be enacted by any governmental body, department or agency
in the State of California, or a decision by any court of
competent jurisdiction within the State of California shall be
rendered which, in the Purchaser's reasonable opinion, materially
adversely affects the market price of the Bonds; (e) legislation
shall be introduced, by amendment or otherwise, or be enacted by
the House of Representatives or the Senate of the Congress of the
United States, or a decision by a court of the United States
shall be rendered, or a stop order, ruling, regulation or
official statement by or on behalf of the Securities and Exchange
Commission or other governmental agency having jurisdiction of
the subject matter shall be made or proposed, to the effect that
the issuance, offering or sale of obligations of the general
character of the Bonds, or the Bonds, as contemplated hereby is
or would be in violation of any provision of the Securities Act
of 1933, as amended and as then in effect, or the Securities
Exchange Act of 1934, as amended and as then in effect, or the
Trust Indenture Act of 1939, as amended and as then in effect, or
with the purpose or effect of otherwise prohibiting the issuance,
offering or sale of obligations of the general character of the
Bonds or the Bonds, as contemplated hereby.
If this Purchase Contract shall be terminated pursuant
to Section 5 or this Section 6, or if the purchase provided for
herein is not consummated because any condition to the
Purchaser's obligation hereunder is not satisfied or because of
any refusal, inability or failure on the part of the City to
comply with any of the terms or to fulfill any of the conditions
of this Purchase Contract, or if for any reason the City shall be
unable to perform all of its respective obligations under this
Purchase Contract, the City shall not be liable to the Purchaser
for damages on account of loss of anticipated profits arising out
of the transactions covered by this Purchase Contract.
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970918 10649-00001 rdh 1673025 0
7. Representations, Warranties and Agreements to
Survive Delivery. The representations, warranties, indemnities,
agreements and other statements of the City or it officers set
forth in, or made pursuant to, this.Purchase Contract will remain
operative and in full force and effect regardless of any
investigation made by or on behalf of the Purchaser and will
survive delivery of and payment for the Bonds.
8. Notices. Any notice or other communication to be
given under this Purchase Contract may be given by delivering the
same in writing:
To the City:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254-3685
Attention: City Manager
To the Purchaser: ABN-AMRO
Attention:
9. Parties in Interest. This Purchase Contract is
made solely for the benefit of the City and the Purchaser
(including the successors or assigns of the Purchaser) and no
other person shall acquire or have any right hereunder or by
virtue hereof. All of the City's representations, warranties and
agreements contained in this Purchase Contract shall'' remain
operative and in full force and effect, regardless of: (i) any
investigations made by or on behalf of the Purchaser; (ii)
delivery of and payment for the Bonds pursuant to this Purchase
Contract; and (iii) any termination of this Purchase Contract.
10. Effectiveness. This Purchase Contract shall
become effective upon the execution of the acceptance by the
designee of the City and shall be valid and enforceable at the
time of such acceptance.
11. Headings. The headings of the sections of this
Purchase Contract are inserted for convenience only and shall not
be deemed to be a part hereof.
12. Governing Law. This Purchase Contract shall be
construed in accordance with the laws of the State of California.
13. Counterparts. This Purchase Contract may be
executed in counterparts.
970918 10649-00001 rdh 1673025 0
If the foregoing is in accordance with your
understanding of the Purchase Contract please sign and return to
us the enclosed duplicate copies hereof, whereupon it will become
a binding agreement by and between the City and the Purchaser in
accordance with its terms.
Very truly yours,
By:
Title
Accepted:
This day of , 1997
CITY OF HERMOSA BEACH
By:
Its:
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970918 10649-00001 rdh 1673025 0
Exhibit A
$400,000
City of Hermosa Beach
Lower Pier Avenue Assessment District
Limited Obligation Improvement Bonds
Series 1997
Maturity Date Principal
(September Amount
2
Coupon (%)
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970918 10649-00001 rdh 1673025 0
Exhibit B
City Council of the City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254-3685
Re: Opinion of Bond Counsel
with respect to
$400,000
City of Hermosa Beach
Lower Pier Avenue Assessment District
Limited Obligation Improvement Bonds
Series 1997
Ladies and Gentlemen:
We have examined the law and original documents or
copies certified or otherwise identified to our satisfaction of
proceedings taken in connection with the issuance of the
above -referenced bonds (the "Bonds") of the City of Hermosa Beach
(the "City"). We have also examined supplemental documents
furnished to us and have obtained such certificates and documents
from public officials and others as we have deemed necessary for
the purpose of this opinion.
As to questions of fact material to our opinion we have
relied upon such certificates and documents without undertaking
to verify the same by independent investigation. The Bonds are
issued under and pursuant to the Municipal Improvement Act of
1913, Division 12 of the California Streets and Highways Code,
and the Improvement Bond Act of 1915, Division 10 of the
California Streets and Highways Code, and a Resolution of
Issuance, adopted by the City Council of the City on
, 1997 (the "Resolution").
From such examination, we are of the opinion that
under existing law:
1. The Bonds are valid and binding special obligations
of the City, payable solely from Assessments (as defined in the
Resolution) and certain other funds and accounts as provided in
the Resolution.
2. Interest on the Bonds is exempt from State of
California personal income taxes.
3. Assuming compliance with the covenants described
below, interest on the Bonds is excluded from gross income for
Federal income tax purposes. The Bonds are not "specified
private activity bonds" within the meaning of Section 57(a)(5) of
the Internal Revenue Code of 1986, as amended (the "Code") and,
therefore, the interest on the Bonds will not be treated as a
preference item for purposes of computing the alternative minimum
tax imposed by Section 55 of the Code. However, we note a
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970918 10649-00001 rdh 1673025 0
Lgf
portion of the interest on Bonds owned by corporations may be
subject to the Federal alternative minimum tax, which is based in
part on adjusted current earnings.
The Code sets forth certain requirements which must be
met subsequent to the issuance of the Bonds for interest thereon
to be and remain excluded from gross income for Federal income
tax purposes. Noncompliance with such requirements could cause
the interest on the Bonds to be included in gross income
retroactive to the date of issue of the Bonds. The City has
covenanted in the Resolution to satisfy, or take such actions as
may be necessary to cause to be satisfied, each provision of the
Code necessary to maintain the exclusion of the interest on the
Bonds from gross income for Federal income tax purposes pursuant
to Section 103(a) of the Code.
Certain requirements and procedures contained or
referred to in the Resolution may be changed and certain actions
may be taken or omitted under the circumstances and subject to
the terms and conditions set forth therein, upon the advice or
with the approving opinion of nationally recognized bond counsel,
and no opinion is expressed herein as to any Bond or -the interest
thereon if any such change occurs or action is taken -or omitted
upon the advice or approval of any counsel other than ourselves.
Except as stated in the foregoing paragraphs numbered 2
and 3 and the paragraph immediately following paragraph 3, we
express no opinion as to any Federal or state tax consequences of
the ownership or disposition of the Bonds.
The opinions expressed herein are based on' an analysis
of existing law and cover certain matters not directly addressed
thereby. Such opinions may be affected by actions taken or
omitted or events occurring after the date hereof, and we have
not undertaken to determine, or to inform any person, whether any
such actions or events are taken or do occur. We have assumed
the genuineness of all documents and signatures presented to us.
We have not undertaken to verify independently, and have
assumed, the accuracy of the factual matters represented,
warranted or certified in such documents. Furthermore, we have
assumed compliance with all agreements and covenants contained in
the Resolution, including (without limitation) agreements and
covenants compliance with which is necessary to assure that
interest on the Bonds will not be included in gross income for
Federal income tax purposes.
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970918 10649-00001 rdh 1673025 0
In addition, we call attention to the fact that the
rights of the registered owners of the Bonds and the
enforceability of such rights may be subject to bankruptcy,
insolvency, reorganization, moratorium and other similar laws
affecting creditors' rights heretofore or hereafter enacted and
enforcement may also be subject to the exercise of judicial
discretion in appropriate cases.
Respectfully submitted,
Exhibit C
Opinion of City Attorney
Addressed to the Purchaser
$400,000
City of Hermosa Beach
Lower Pier Avenue Assessment District
Limited Obligation Improvement Bonds
Series 1997
Ladies and Gentlemen:
I serve as City Attorney to the City of Hermosa Beach
(the "City") and in such capacity, I have examined the original,
certified copies, or copies otherwise identified to my
satisfaction as being true copies of such resolutions, documents,
certificates, and records as I have deemed relevant and necessary
(except as I have specifically limited the scope of my
investigation herein) as the basis for the opinions set forth
herein relying on such examination and pertinent law and subject
to the limitations and qualifications hereinafter set forth, I am
of the opinion that:
1. The City is a general law city organized and
validly existing under the laws of the State of California with
full legal right, power and authority to perform all of its
obligations under the Purchase Contract dated as of
, 1997 (the "Purchase Contract") by and between the
City and ABN-AMRO (the "Purchaser"). The City has duly
authorized, executed and delivered the Purchase Contract and it
constitutes the legal, valid and binding agreement of the City
enforceable against the City in accordance with its terms, except
as the enforceability thereof may be limited by bankruptcy,
moratorium, insolvency, equitable remedies and other laws
affecting creditors' rights or remedies.
2. To the best of my knowledge, there is no action,
suit or proceeding before or by any court, public board or body
pending or threatened wherein an unfavorable decision, ruling or
finding would (a) affect the creation, organization, existence or
powers of the City or the titles of its officers to their
respective offices, (b) in any way question or affect the
validity or enforceability of the Purchase Contract, or (c) find
illegal, invalid or unenforceable the Purchase Contract or the
transactions contemplated thereby, or any other agreement or
instrument related to the issuance of the Bonds to which the City
is a party.
Respectfully submitted,
970918 10649-00001 rdh 1673025 0
September 16, 1997
Honorable Mayor and Members of
the Hermosa Beach City Council
Regular Meeting of
September 23, 1997
SOUTH BAY CITIES COUNCIL OF GOVERNMENT'S POSITION PAPER
Recommendation:
That the City Council review and comment on the South Bay Cities Council of
Government's (SBCCOG) Position Paper (Attachment #1) and direct the City's
SBCCOG delegate to forward the City Council's comments to the SBCCOG Board on or
before October 23, 1997.
Background:
A voluntary organization of cities, known as the South Bay Cities Association (SBCA),
has existed in the South Bay since the early 1970's, with a coexisting joint powers
authority to address subregional transportation issues. In recent years, however, much
regional planning has shifted to subregions for policy development and implementation.
In addition, criteria to determine funding allocations for transportation and infrastructure
projects depends, in part, upon joint sponsorship from the subregion. As a result, in 1994
the SBCA reorganized into a joint powers authority to combine all activities under one
organization, and became the SBCCOG.
While still the SBCA, the organization developed a Subregional Strategy, mission
statement, and implementation program that has been the basis for actions over the last
three years. Due to changes in the organization, completing priorities, and increased
demands and expectations with no increase in resources, in the winter of 1996 the
SBCCOG held a goals workshop to reevaluate its goals and priorities. Before adopting a
new work program to implement the revised priorities, however, at the recommendation
of the South Bay City Managers' Association, the COG Board voted to develop a
Position Paper to forward to all member cities. The Position Paper provides background
information and a context for the current priorities and action items; highlights many of
the SBCCOG's successes on behalf of member cities and our subregion; compares the
SBCCOG with other similar subregional organizations; and presents a rationale for
creating and filling staff positions for the COG.
Technically, the SBCCOG's Bylaws and Agreement allow the SBCCOG governing
board to fill an "executive director" position and hire employees without going to each
city for approval. However, as this action would take the COG in a new direction, the
Board believes that it is important to determine if there is adequate member city support
to continue developing this subregional organization. Conversely, if there is not member
9a
city support for the COG's goals or to hire staff to implement those goals and work
program, then the implications of increasing regional competition coupled with the
inability to continue the current level of "volunteer" administrative support must be
addressed.
Respectfully submitted,
Stephen R. Burrell
City Manager
Attachment: SBCCOG Position Paper
A�.
Il"OSI`l[°ION PAPER
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August 1997
South Bay Cities Council of Governments
EXECUTIVE SUMMARY
BACKGROUND
In acknowledgment of the value of cooperative efforts, in 1994 the cities in the
South Bay approved the formation of the South Bay Cities Council of
Governments (SBCCOG or COG). This action transformed the previous South
Bay Cities Association into a joint powers authority. Since that time much has
been accomplished to define and further our collective goals and objectives for
the subregion. However, that progress has been a double edged sword,
because as more is achieved, more is expected. And as the regional stakes
continue to rise, a coordinated subregional presence is becoming increasingly
necessary. However, the increased pressure to perform and respond has not
had a corresponding increase in staff support to carry out the subregion's goals
and meet the regional challenges.
The following points highlight some of the major advantages, issues, concerns
that we face as a subregion.
• Well -organized subregions are becoming catalysts for change in the region.
• Cooperative projects between cities, and especially at the subregional level,
are getting the funding (i.e., signal synchronization project).
• Collaborative efforts on large and/or complex project and issues (i.e.,
NPDES, MTA Call for Projects, signal synchronization, LAX expansion,
transit improvements, certain legislation, etc.) can be more effective for all
cities than each city operating independently.
• Substantial revenue sources are available to carry out the COG's
objectives and action items that are not being utilized currently.
• The SBCCOG currently has a limited organizational structure and
budget to carry out its goals and programs, which cannot continue to be
maintained indefinitely at the existing level of support.
• The SBCCOG has an ambitious work program that will benefit our
subregion, but that cannot be accomplished without appropriate staff
support.
PRIORITIES
The SBCCOG's work program over the last four years has been based upon a
Subregional Strategy that was developed in 1993. In 1996, a Goals Workshop
was held to review and reprioritlze the COG's focus areas. This effort was
undertaken to form the basis for development of future work program action
items and to assess the organization's capability to achieve them based upon
existing and/or potential resources. Through the 1996 Goals Workshop, the
following issue areas were identified as the highest priorities for collective action
by the SBCCOG:
1. Transportation (includes LAX)
2. The Economy
3. Crime and Drug Use Prevention
4. Livable Communities
* These priority areas assume continuation of an overall organizational
priority of subregional information sharing and communication that is
being implemented via the ACCESS program and information
sharing/GIS committees.
ORGANIZATIONAL STRUCTURE
While doing research for this position paper, the Steering Committee reviewed
the organizational and dues structure of two other similar COGs, the Gateway
Cities Council of Governments (GCCOG), with 28 member cities, and the San
Gabriel Valley Council of Governments (SGVCOG), with 26 member cities.
These two subregions provide models for how the SBCCOG can organize to
become effective at implementing our work program and securing funding. Both
of these subregions recently have gone through the "growing pains" that the
SBCCOG is experiencing currently, including enthusiasm and skepticism.
However, both have been able to see the advantages of functioning as a
subregion and have coalesced into dynamic and powerful organizations. Please
see the 'Position Paper for a summary of the key comparison points between the
SBCCOG and these two other organizations.
The formation of the SBCCOG and its expanded role and goals 'has not only
intensified existing but also increased the number of administrative and
monitoring functions. Some of these functions, such as transportation related
projects, have beenhandled by the COG's Steering Committee and the
Technical Advisory Committee. Others, such as the subregional input to SCAG's
Regional Comprehensive Plan and Guide and our annual Overall Work Program
(OWP), which is funded through SCAG, have been performed by outside
consultants.
Given the increased demands, expanded goals, raised performance
expectations of the SBCCOG, and the disproportionate efforts by several cities
ii
to "staff' the SBCCOG, the effort to keep the SBCCOG functioning at its current
level has become overwhelming. We have reached the point where expanding
our efforts to develop a work program and implement action items is no longer
possible within the existing organizational structure. The examples from other
subregions show the level of support that is typical for those subregions which
have regional influence and ambitious goals and work programs, and, most
important, who achieve. success. We have reached a point where the COG
can no longer continue to sustain the current level of support, let alone
grow to meet our subregion's needs. Therefore, this Position Paper provides
staffing and funding options for establishing an administrative support structure
for the SBCCOG.
SUMMARY
The SBCCOG presents this position paper to our member cities to:
• Highlight the SBCCOG's achievements;
• Describe the SBCCOG's action areas, current programs, and opportunities;
• Identify opportunities for additional collective projects to benefit the cities in
our subregion;
• Define issues and concerns;
• Provide options for an administrative support structure to further the COG's
goals and objectives; and
• Receive input from member cities regarding the future of the SBCCOG.
RECOMMENDATION
The SBCCOG Board recommends that member cities: 1) receive and comment
on this Position Paper; 2) concur with Administrative Support Option #2 (to
create and fill one full-time administrator position for the first year of a phased
staffing program) and Funding Option 2c (secure the funds from outside sources,
with the caveat that matching in-kind funds most likely will be required); and 3)
support the SBCCOG Board in implementing the actions necessary to carry out
the SBCCOG's work program. The SBCCOG Board will keep member cities
apprised of the COG's progress and will return future budget items for
consideration if necessary.
iii
South Bay Cities Council of Governments
POSITION PAPER
August 1997
BACKGROUND
Prior to its formal designation as a Council of Governments, the South Bay Cities
Association (SBCA) functioned as a voluntary organization. The origins of the
association go back to the early 1970s when the mayors of various South Bay
communities began meeting informally to discuss items and exchange ideas of
subregional interest. This organization (called the South Bay Mayors' Association)
soon expanded to take in other council members and became the South Bay Cities
Association (SBCA). Over the years, the Association endeavored to facilitate
subregional cooperation and coordination of policies regarding interjurisdictional issues
such as transportation, air quality, open space, and economic development. The
association operated with by-laws and a voting structure, but not as a legally
established joint powers agreement (JPA). Representation. on the SBCA was reserved
for elected officials from each participating entity. Fifteen South Bay cities, Los Angeles
County, and the city of Los Angeles have participated. (See Attachment #1 for list of
member South Bay cities.)
In 1972 the Association took its coordination efforts a step further by deciding to
conduct a South Bay Corridor Transportation Study. The study was in response to the
State's plans to build freeways in the South Bay area. At the time, it was agreed that
there might be alternatives to several of the proposed freeways, and a subarea study
was the mechanism to explore these options. As mentioned earlier, the South Bay
Cities Association did not have any legal empowerment to jointly administer the project.
For this reason a joint powers agreement (JPA) was initiated, administered by a South
Bay Corridor Steering Committee to oversee the study. This South Bay Corridor
Steering Committee continued to oversee implementation programs for public
transportation and major arterials within the South Bay as well as serving as a technical
advisory committee (TAC) to the SBCA on various transportation issues.
Over the intervening years, there have been discussions regarding consolidation of the
South Bay Cities Association and the South Bay Corridor Steering Committee (JPA)
into a Council of Governments. Only recently, however, the Southern California
Association of Government's (SCAG) new "bottom up" approach to developing their
mandated regional plans prompted more serious consideration of forming a new JPA.
In 1992, SCAG decided to consolidate its various mandated regional plans (growth
management, mobility, air quality, etc.) into one comprehensive document, the Regional
Comprehensive Plan and Guide (RCP&G). SCAG also decided to shift local input to
the front end of the comprehensive planning process, rather than preparing the
1
document first and then asking for comments and input from local jurisdictions at the
end.
To support this effort, SCAG allocated funding to each subregion to develop input
regarding more localized goals and objectives. Within the South Bay, SCAG identified
the SBCA as an entity which met qualifications for a subregion and asked the SBCA to
enter into an MOU to develop the South Bay's subregional plan. SCAG allocated
$200,000 to the SBCA to accomplish the task. Although the money is allocated .by
SCAG, the funding actually comes from the U. S. Department of Transportation via the
Intermodal Surface Transportation Efficiency Act (ISTEA). Since the initial phase of
SCAG's revised participatory approach, there have been two successive work phases,
each with its own scope of work carefully crafted by the. SBCA, and each funded by
ISTEA dollars. July 1997 marks the fourth round of funding allocated by SCAG to
subregions for transportation planning and related studies.
Participation in SCAG's revised "bottom-up" approach to developing and implementing
subregional work programs stressed the need for the jurisdictions of the SBCA to begin
operating within a more formalized and cooperative structure. However, the
Association was constrained by the fact that it did not exist under any formalized
agreement. It was agreed that a completely new JPA should be developed in order to
most expediently meet the current demands of the regional planning and programming
process. In 1994 the. South Bay Cities Council of Governments (SBCCOG) was formed
to join 15 South Bay cities plus the City of Los Angeles into a joint powers authority.
The SBCCOG was formed because it had become evident that informal communication
among the South Bay cities was no longer adequate to meet the newly emerging
demands and opportunities facing subregions within "the Southern California
Association of Governments (SCAG) six county region. It also became evident that
other subregions, which had already organized as council of governments (COGs),
were embarking on ambitious work programs, and were competing aggressively and
with greater success for scarce regional funds.
The newly formed South Bay Cities Council of Governments (SBCCOG) has essentially
combined the South Bay Cities Association and the South Bay Cities Corridor Steering
Committee (SBCCSC) into one legal' entity with the flexibility to conduct a variety of
interjurisdictional studies and projects. Although the SBCCSC, or "Transportation
Technical Advisory Committee (TAC)," as it is commonly referred to, still currently exists'
as a formal JPA, its separate Joint Powers Authority will expire in 1998. The TAC,
however, will continue to function in an advisory capacity to the COG in the areas of
transportation planning and improvements.
SUBREGIONAL STRATEGY
Prior to participating in SCAG's Regional Comprehensive Plan and Guide development
process, the South Bay subregion did not have a set of defined goals, policies,
objectives, or a strategy of issues and actions to promote. An outcome of the initial
2
phase of input into the .RCP&G was the development of a Subregional Strategy for the
then SBCA. The strategy had several objectives:
• To identify areas of common concern and priority among the 16 participating
jurisdictions;
• To provide a means by which to document ideas and solutions discussed within the
subregion;
• To provide a policy foundation for future planning efforts; and
• To serve as a blueprint for future implementation actions within the South Bay.
In response to the RCP&G, the original Subregional Strategy (1993) emphasized five
major issues for the South Bay:
1. The Economy
2. Mobility
3. Growth Management
4. Housing
5. Air Quality
6. Open Space (added as a priority in the following year)
Policies were developed for each issue area, and a program implementation plan was
prepared to identify possible short, medium, and long range actions to implement the
policies. Subsequently, this Subregional Strategy has served as the guiding document
for development of the annual Overall Work Program (OWP) for the South Bay, which is
funded by SCAG. (Note: although the work program is funded by SCAG with ISTEA
funds, it is developed by each subregion and is tailored to their goals and needs -Due
to ISTEA funding, the OWP must focus on transportation related projects.)
The recently adopted work program for the 1997-98 fiscal year includes: subregional
modeling and data updating; a goods movement and roadway access study, including
special attention focused on impacts of the proposed LAX expansion on the South Bay;
development of Livable Communities indicators to aid the subregion in meeting
congestion and air quality objectives; a truck monitoring study; and support for ongoing
Information Sharing activities already underway. The total budget for the FY 97-98.
OWP for the -South Bay is $334,000.
3
MISSION STATEMENT
Through the process of developing a Subregional Strategy, the Board members
recognized the need to have a mission statement to guide the goals, policies, and
actions of the organization. The following mission statement was adopted by the COG
in the autumn of 1993:
• Engender and further cooperation between municipalities of the South Bay
area of Los Angeles County in the discussion of area -wide issues of mutual
interest and concern;
• Lend support to the proposals of member cities in furtherance of South Bay
Cities' objectives;
• Address solutions to issues of common concern through joint studies and
cost-effective, multi -jurisdictional programs; and,
• Provide a means of communication and representation on behalf of the
South Bay subregion with other governing bodies, as well as the exchange
of ideas and information.
GOALS WORKSHOP 1996
Recently the SBCCOG undertook an effort to establish and reprioritize goals and
implementing actions through two goals workshops held in September and December
of 1996. Participants included SBCCOG board members, city managers, and staff from
member cities and regional agencies. At the first workshop, strengths, weaknesses,
opportunities, and threats that face our subregion were identified, and major issue
areas for the SBCCOG were defined and prioritized.
The entire list of issues that was generated through the workshop process was
comprehensive and beyond the capability of the COG to address; therefore,
participating members ranked them by priority. The highest priority issue areas to be
addressed by the subregion are:
1. Transportation (includes LAX)
2. The Economy
3. Crime and Drug Use Prevention
4. Livable Communities
(Note: these four priority areas assume continuation of an overall organizational
priority of subregional information sharing and communication that is being
implemented via the ACCESS program and information sharing/GIS
committees.)
At the follow-up workshop, ideas for specific implementing actions for the top three
issue areas were defined, potential funding sources were identified, and possible
staffing/oversight responsibilities were discussed. The results of the goals workshops
were synthesized into a draft work program that was reviewed by the Board at the
March 1997 SBCCOG meeting.
As the highest priority issue, and due to the time sensitivity of needing to affirm
transportation priorities to develop the FY 97-98 OWP, the transportation portion of the
draft work program was reviewed and approved by the Board. However, the other
priority issues were referred to new standing committees (Economic Development,
Information Technology, LAX Expansion Oversight, and Crime and Drug Use
Prevention, established in March 1997) for review and comment. The existing Livable
Communities working group and the Transportation technical advisory committee (TAC)
will continue to oversee their respective issue areas. Each committee is responsible for
forwarding a recommended work program to the Board for review and adoption.
PRIORITY ISSUES
It is interesting, although not surprising, to note that the issues that ranked highest in
priority through the goals workshop are the same issues: that ranked highest in priority
in the 1993 Subregional Strategy -- transportation and the economy. Air quality, which
was a priority in 1993, is a component of the current highly ranked priority of livable
communities. The following section provides an overview of each of the current priority
issues as well as past and current implementation projects, and opportunities:: for future
action.
Transportation:
Issue: The South Bay has limited freeway infrastructure compared with other
subregions, and future demand on our arterial system is projected to be less
than on other subregions' roadway systems. In addition, the modelingused for
regional transportation planning and funding allocation does not adequately
address arterials. For these reasons, the South Bay tends to get overlooked and
underprioritized when it comes to competing for transportation funding.
Individually, cities have little influence over regional transportation priorities and
establishing policies for funding allocations. It has only been through the
collaborative nature of our subregional alliance that we have been successful in
getting funding for city and subregional projects.
Current SBCCOG Actions/Projects/Involvement:
• The first multi jurisdictional advanced traffic signal synchronization project in
Los Angeles County.
• A preliminary needs and priorities study of the major transportation corridors
in the South Bay, with more in-depth corridor analysis of the highest priority
corridors in following years. (These, corridor studies have provided important
background information to . assist the SBCCOG in being successful in
competing for infrastructure funding through the MTA Call for Projects.)
5
• A Recreational/Open Space Access Study that analyzes existing and
potential linkages between the subregional transportation systems and open
space and recreational areas.
• Tracking of and input into the update of the Regional Transportation Plan.
• Cooperative multi jurisdictional development of proposed transportation
improvement projects for funding priorities (Call For Projects, ISTEA
Reauthorization).
• Acquisition of funds for critical subregional congestion management
improvements.
• A Clean Air Implementation and Multimodal Transportation Strategy,
including development of products for use by member cities: South Bay
bicycle guide, bicycle guide for kids, transit guide, South Bay park -n -ride
guide, and a clean air awareness poster.
• A Technical Advisory Committee (TAC) composed of staff from member
agencies.
Opportunities:
• Creation of a subregional congestion mitigation and air quality enhancement
program that will address all the needs of member jurisdictions.
• Expansion of the carrying capacity of the South Bay's critical arterial
roadways without building new and prohibitively expensive transportation
facilities.
• Enhanced and coordinated marketing of transit services.
• Identification of truck movements and ensuring adequate mobility for the
movement of goods through and around the subregion.
• Identification of transportation impacts of proposed LAX expansion and
development of mitigations to address these impacts.
•. Meaningful subregional input into a new and improved regional model.
The Economy:
Issue: The South Bay has historically encompassed the heart of the aerospace,
defense, and high technology industrial complex of Los Angeles County and the
region. The recent recession affected the South Bay by reducing overall
employment to only 5.2 thousand jobs above the _1983 level; hardest hit were the
aerospace and related defense -dependent durable manufacturing industry
sectors. While the process of economic recovery has begun, it is unlikely that
the subregion will ever regain full employment in the aerospace/defense industry
cluster. The challenge for the South Bay is to identify the industry clusters that
have growth potential and that can benefit from our subregion's assets, and to
build our economic infrastructure to encourage new firms to locate here and to
help existing firms to grow.
6
Individual cities have their own financial strategies and economic development
programs that do not belong under the auspices of the COG. However, recovery
of the overall health of the subregion's economy depends upon collaboration at
the subregional level and with the private sector to develop a strategy that
reinvigorates our economy and positions each city to benefit from growing
industry clusters -- either the businesses themselves, or the jobs they produce.
Current SBCCOG Actions/Projects/Involvement:
• Participation in a subregional effort to analyze the effects of defense
downsizing on the South Bay economy and develop a defense adjustment
strategy, through partnership with the South Bay Association of Chambers of
Commerce, the South Bay Economic Development Partnership (EDP), and
the LA County Community Development Department. (Department of
Defense Office of Economic Adjustment Planning grant.)
• Jointly developed South Bay population and employment growth forecasts
through the year 2020.
• SBCCOG representative serves on the EDP board.
• A survey of the private and public sector regarding transportation barriers to
economic competitiveness.
• An Economic Development committee of the SBCCOG.
Opportunities:
• South Bay application to the Economic Development Administration (EDA),
U.S. Department of Commerce, for a grant to implement defense adjustment
strategies developed through the current OEA funded study'' (like Gateway
COG's $3.1 million grant application).
• Establish a South Bay marketing program.
Livable Communities:
Issue: The South Bay subregion encompasses a variety of predominantly
suburban development patterns, including exclusive residential communities,
older -"traditional" downtowns, early and contemporary strip commercial, and
large single -use areas. This is due to the fact that the majority of the subregion
developed during the last half of the century when the dominant land use and
transportation models relied virtually exclusively on the automobile. the "Livable
Communities" principles can assist cities and the subregion to reduce
congestion, improve air quality, and make our communities more inviting and
attractive and return them to a more human scale.
Current SBCCOG Actions/Projects/Involvement:
• Two successful, well -attended Livable Communities workshops, one of
which has become the model for a follow-up component of SCAG's Livable
Communities program.
• A comprehensive library of references, articles, design and development
strategies, and model guidelines for use by local jurisdictions to assist in land
use and transportation planning decision-making.
• An education outreach program to each city in the South Bay on the basic
Livable Communities design principles:
• A Livable Communities working group and advisory committee.
Opportunities:
• Devise specific design recommendations and implementation plans for the -
three case study sites featured at the 1996 conference.
• Develop innovative design solutions for invigorating the South Bay's
commercial corridors and improvemobility air quality.
• Examine alternative mitigation measures to satisfy the requirements of the
Congestion Management Program (CMP) and the California. Environmental.
Quality Act (CEQA).
Crime and Drug Use Prevention:
Issue: A safe community is always one of the most highly valued goals in any
city. However, crime, drug abuse, and gang violence does not respect city
borders. The degree of safety that a city enjoys depends in part upon how safe
neighboring cities are. While subregional communication and cooperation
currently exists between local law enforcement agencies, this effort may be able
to be enhanced by collaborative SBCCOG assisted projects.
Current SBCCOG Actions/Projects/Involvement: N/A
Opportunities:
• Establish a working subregional data. base of crime statistics to understand
crime patterns and track change.
• Promote information sharing and expanded application of successful
programs.
• Identify the potential for sharing resources and/or joint application for grants
to facilitate subregional crime prevention activities.
Information Technology:
Issue: The SCAG ACCESS computer system has prvoided South. Bay
jurisdictions with powerful tools for the analysis, communication, and sharing of
8
data. Geographic Information Systems, (GIS) enables local governments to take
many layers of data -- data relating to land parcels, utilities, transportation, the
environment, demographics, crime statistics, and numerous other -- and spatially
or geographically analyze the data. The Internet or world wide web provides the
means for displaying, transmitting and sharing this vial geographic information
(as well as other kinds of information) across boundaries, through e-mail, home
pages, and discussion or news groups. Both tools support and increase our
ability to make more informed decisions, improve services, and reach more
people.
As previously noted, many of the projects as well as future opportunities for the
SBCCOG rely on the ability to communicate and share data and information. As
funding opportunities become predicated on joint efforts, coordinated decision
making based upon shared, accurate, local data is becoming even more crucial.
The challenge is to begin capitalizing on " the capabilities provided through
increased and continued coordination and collaboration.
Current Actions/Projects:
• The first of 13 subregional data bases and computer communication systems
(known as ACCESS) distributed by SCAG to all the subregions.:
• An Information Sharing work program that coordinates COG and member
city efforts with SCAG's distributed computer program (ACCESS), provides
Internet and GIS capability to all cities in the South Bay, and will develop a
subregional home page for South Bay identification and marketing;
• Establishment if a GIS working group and Information Technology committee
to investigate and coordinate improvements to the capabilities of individual
jurisdictions to contribute to the data bases that have local and subregional
relevance to our priorities and projects.
• Development of four user Discussion Groups =- Economic Development, City
Manager, Information Technology, and Livable Communities.
Opportunities:
• Subregional transportation data base and travel demand statistics.
• Improve decision-making capability by promoting information technology to
address area of critical importance to member cities.
• Develop components for a coordinated subregional computer system model,
including data base and file standards.
• Initiate a home page for the SBCCOG to illustrate characteristics and
achievements. .
• Maintain data base library of current and prior work products.
• Develop system modelas an information management, analysis, and .
research tool in support of subregional policy making, and for the purpose of
reviewing and commenting on the regional policies affecting the SBCCOG.
9
• Promote current efforts of local agencies to expand or improve their GIS
capabilities and continue their efforts in training staff.
WHAT'S NEXT FOR THE SOUTH BAY?
The SBCCOG is beginning its third year as a joint powers authority, with a new set of
goals, strategies, preliminary action items, and the outline of a. work program
(summarized above). We have accomplished much in the last few years, but the
organization is at a crossroads regarding how to move forward both to achieve mutually
agreed upon goals and to compete successfully for scarce funds for our subregion as a
whole and on behalf of our member cities.
The following points provide an overview of the current issues, circumstances, and
questions we must answer in order to move to the next level of action:
• Subregions are emerging as new catalysts of dynamic change within the region.
Rather than allowing state and regional agencies to plan their futures for them,
cities are uniting via subregional councils of governments to plan their own
futures. Working together can ensure that cities retain local control.
• Cities are beginning to realize that they are only as strong as their neighboring
cities -- and that a strong subregional identity benefits all cities in that subregion.
• Several other subregions are highly organized and well financed, and quite
effective in obtaining desired outcomes (like funding) from federal, state, and
regional agencies -- and more subregions are becoming that way.
• Subregions are becoming recognized as the conduits for scarce funding
sources, including federal and statetransportation, air quality, and economic
development planning grants and projects. Cooperative projects between cities
and from subregions are getting the dollars!
• Opportunities exist for cooperation with other subregions to exert political
pressure and influence legislation that would greatly benefit our member cities.
• With, reduced staffing and budgets, many cities simply cannot adequately monitor
regional, subregional, and legislative issues. An appropriately staffed COG can
alert cities to important issues and can put those issues in context.
• The SBCCOG is not another layer of government. Rather, it is a vehicle for
conducting cooperative efforts involving the member jurisdictions. The
accomplishments of our subregion and of the other subregions demonstrates how
cooperation can be important to the welfare of each city.
• There are a number of tasks that cities handle individually (i.e., NPDES, CDBG,
Congestion Management Rrogram, ACCESS, etc.) which could be more cost
effectively handled using some shared labor.
• The SBCCOG currently has a limited organizational structure to carry out its
goals and programs. As the SBCCOG's goals have become more defined, and as
to
subregions are gaining a stronger voice with increasing influence on regional, state,
and federal agencies, the burden put upon our largely "volunteer" admini§trative
personnel is becoming increasingly strained. And the permanence of these
resources is uncertain.
• The SBCCOG has a limited budget. The majority of the SBCCOG's planning
budget is allocated through the Southern California Association of Governments
(SCAG) from the federal government for a rather narrow scope of transportation
related projects. Only a small amount of our funds comes directly from
member cities' dues, and this money only covers routine monthly expenses, such
as copying and postage for the monthly agendas and the minutes secretary for the
SBCCOG Board meeting. All planning and project development and oversight for
the SBCCOG is done without funding, by "volunteer" elected official and staff time.
Our planning efforts should be directed at the priority issues, and not
exclusively driven by the available funding or dependent on "volunteer"
efforts.
• The SBCCOG has an ambitious work program. The new standing committees
will hold meetings and debate issues, but little will be accomplished without
adequate staffing. Staffing should be related closely to the work:, program. To
accomplish the work program, staffing is needed. No staffing, no work program.
A REGIONAL CONTEXT: COMPARISONS WITH OTHER SUBREGIONS
The South Bay Cities COG also has been expanding its input to and influence on
regional policies and programs. This is critical because several other subregions are
already well organized or are becoming so. Most are also aggressively seeking
economic revitalization and transportation funds, in competition with other subregions.
The South Bay's administrative budget is substantially smaller than many other
subregions, and is mainly dependent on COG dues ($600 per city per year) and a
portion of the federal funding we receive through SCAG.
At one time the former South Bay Cities Association had a part-time volunteer
administrator. However, since his death several years ago, the majority of the
SBCCOG's administrative tasks have been carried out by a Steering Committee, which
currently is • composed of the SBCCOG Chair, Vice Chair, and past Chair, the
Transportation TAC chair, and five staff from member cities. In-kind support for specific
programs, like the Transportation Technical Advisory Committee (TAC), the GIS
Working Group, and the Livable Communities Working Group, is provided by elected
officials and staff of most of the other member cities. In addition, the SBCCOG has a
minutes secretary who takes and prepares minutes of the monthly board meetings. and
is responsible for distribution of the monthly. agenda. This position is the only
administrative support that is funded from membership dues, and expends the majority
of the annual member dues. Everything else that is done on behalf of the SBCCOG
is accomplished through "volunteer" efforts from member cities.
11
In contrast, several of the subregions that the SBCCOG is in direct competition not only
have significantly larger administrative budgets, but also are highly organized, with part
or full-time administrators, clerical support, program coordinators, and, in some cases,
their own lobbyists. This type of administrative structure allows these subregions to
monitor local, regional, state, and federal issues that affect their interests and to provide
input at crucial points; to coordinate their own internal committees, policies, and
programs; and to provide an active and consistent voice during the development and
implementation of their subregional agendas and programs. In essence, they are
forces to be reckoned with and can make their "voice" heard.
The following chart illustrates comparisons between the SBCCOG and several other
regional COGs in terms of organizational structure, budget, and amounts of outside
funding they receive as compared with the SBCCOG. Further detail, including
organizational charts, is provided in Attachment #1 of the report.
COMPARISON CHART OF SBCCOG
WITH OTHER COUNCILS OF GOVERNMENTS
12
SOUTH BAY CITIES
COG
(16 Member Cities)
GATEWAY CITIES
COG
(28 Member Cities)
SAN GABRIEL VALLEY
COG
(26 Member Cities)
Total Revenue from
Dues (Approximate)
$9,600
($600 per city)
$140,000
($5,000'per city)
$290,000
(Formula provided in
Attachment #1)
Revenue Sources for
Dues
General Funds
Combination of General
Fund, Prop A & C funds,
AB2766; up to city how to
fund
Population based formula,
calculated upon certain %
of Prop A & C funds, •
AB2766, & General Fund
Administrative Staff
Minutes Secretary for COG
Board meeting (mails
agendas, keeps mailing
list); all other staff work is
"volunteer"
Full-time Executive
Director, Assistant Exec.
Director, Transportation
Coordinator, Lobbyist,
Financial staff to track
grants. Clerical support
provided by City of
Downey
Full-time Executive
- Director, Transportation
Coordinator, plus 2.5
additional administrative
staff for program and
committee planning and
oversight, and clerical
support
Revenue Source(s) for .
Staff
Dues
•
SCAG OWP funds, MTA
TMA Grant, dues in-kind
match
Dues
Major Programs and/or
Focus Areas
Transportation, Economic
Development, Crime
Prevention, Electronic
Information Sharing
Transportation
Infrastructure, Economic
Development, Air Quality,
Policy Planning
Economic Development,
Transportation, Solid
Waste Management,
Policy Planning, Air
Quality, Legislation
Other Funding Sources
MTA Call for Projects,
SCAG OWP
MTA Call for Projects,
SCAG OWP, MTA TMA
Grant, Prop A & C, State
Planning funds, Office of
Economic Assistance
grant
MTA CaII for Projects,
SCAG OWP, Prop A & C,
AQMD, Prop A County
Park Bond, dues from
consolidating 2 JPA's
under Solid Waste
Management Committee
12
FUNDING ACCOMPLISHMENTS
In the last few funding cycles for Intermodal Surface Transportation Efficiency Act
(ISTEA) and similar federal, state and regional dollars, the key to accessing these funds
has been collective sponsorship. The allocating agencies - MTA, SCAG, South Coast
Air Quality Management District (SCAQMD) - have placed high priority on collaborative
projects. Part of the reason for this has been the relative scarcity of funds; however, it
also signifies an awareness on the part of these agencies that transportation problems
and needs spill over political boundaries and that multi jurisdictional approaches are
necessary to mitigate the impacts of development patterns in Southern California.
Some of the most successfully financed projects have been sponsored by sophisticated
interagency cooperation. This includes agreements to fund local matching
requirements which can range from roughly 12% to 50% of the cost of a project.
Please see the following page for a breakdown of funding allocations by subregion from
the 1997 Call for Projects.
13
The 1997 TIP Call for Projects for Los Angeles County was adopted in late June,
1997. The following are the totals allocated to the subregions for all categories.
(These are preliminary figures and may change slightly as the final totals are
made available.)
Call For Projects Allocations, 1997
(in thousands of dollars)
Subregion*
RSTI**
Signal
Synch
TDM
Bicycle/
Pedestrian
Transit
Capital
Total***
% of
Total
South Bay
COG
$12,400
$11,200
$1,743
$1,238
$234
$26,635
4.0%
San
Gabriel
Valley
$16,700
$16,368
$2,608
$2,193
$3,661
$41,530
6.2%
Gateway
Cities COG
$210,999#
($12,300 -
non
Alameda
Corridor)
$14,000
-
$2,670
-
$1,604
$1,240
$230,513#
($31,814 -
non Alameda
Corridor)
34.6%
Westside
Cities
$0
$3,209
$1,273
$250
$124
$4,856
0.7%
Arroyo
Verdugo
$5,200
$941
$0
$1,200
$605
$7,946
1.2%
North
County
$2,362
$822
$7.00
$400
$1,582
$5,866
0.9%
Conejo/
Malibu
$531
• $0
$0
$559
$209
$1,299
0.2%
City of Los
Angeles
$11,831
$13,013
$2,539
$8,504
$10,869
$46,756
7.0%
Total
$277,178 1 $61,110
$20,995
$19,994
$26,137
$666,322##
* Subregions by SCAG definition; totals include projects requested by
individual cities as well as multijurisdictional arrangements but not MTA,
Caltrans, SCAG and Los Angeles County
** RSTI = Regional Surface Transportation Improvements
*** Totals include projects sponsored by MTA, Caltrans, SCAG and Los
Angeles County
Includes $198,699,000 for various improvements in the Alameda Corridor
Totals do not add up as the projects sponsored by the MTA, Caltrans, SCAG
and Los Angeles County are not listed.
### Excludes projects sponsored by MTA, Caltrans, SCAG and Los Angeles
County
14
The South Bay Cities COG fared relatively well in that its primary project, the signal
synchronization of Western Avenue and other major corridors, was funded. This was
due in large part to the fact that this project had been extensively researched and was
ready for implementation. In addition, the multijurisdictional sponsorship allowed us to
more readily come up with the mix.of hard and soft match for the outside funding. All
indications are that jurisdictions that have joined together to plan and program
transportation activities have been better able to justify the importance of their
programs and are considered to be more flexible in coming up with matching amounts.
This has led to receipt of maximum funding.
In the recent Call for Project for the 1997 Transportation Improvement Program,
multijurisdictional project requests were submitted directly by the SBCCOG, including:
phase 3 of the signal synchronization project; on- and off-street transit amenities for the
cities of Lomita, Torrance and Redondo Beach; the widening of Sepulveda Boulevard in
El Segundo and Manhattan Beach; and a widening of Arbor Vitae in Inglewood and the
City of Los Angeles. (Add information here on how our projects fared this go -around.)
COG ADMINISTRATIVE SUPPORT FUNCTION
As witnessed by our funding accomplishments, one of the measures of effectiveness of
the SBCCOG's cooperative strategies is how successfully it competes for external
funding. Over the past few years, the COG has brought in financing for projects that
are of benefit to all member jurisdictions. However, it is crucial to understand that past
accomplishments resulted from a considerable amount of effort and focus by a few
subregional leaders and staff. That is not a guarantee of future success, because the
"competitive bar" continues to be raised.
As the SBCCOG has encouraged cooperative sponsorship and support of projects, our
share of regional transportation funding has increased concurrently. The COG is
responsible for over $16.8 million in the current phase of the Signal Synchronization
Project, and the MTA has just allocated an additional $9.5 million for the next phase.
By formal agreement, the Los Angeles County Department of Public Works is
administering these phases of the project. However, the COG maintains responsibility
for overseeing the conduct of the project and approving expenditures. Although the
TAC has traditionally been reviewing the progress of the signal synchronization project
and recommending appropriate action to the full COG Board, it will be necessary for
more day-to-day, hands-on oversight of what is now more the $26.3 million.
The formation of the SBCCOG and its expanded role and goals has not only intensified
existing but also increased the number of administrative and monitoring functions.
Some of these functions, such as transportation related projects, have been handled by
the COG's Steering Committee and the Technical Advisory Committee. Others, such
as the subregional input to SCAG's Regional. Comprehensive Plan and Guide and our
annual Overall Work Program (OWP), which is funded through SCAG, have been
performed by outside consultants.
15
In the absence of a full-time administrator and support staff:
• The administration of projects and programs has been done in separate, parallel
efforts.
• The coordination for these individual responsibilities has fallen to "volunteer" staff
from a few member cities, staff from the MTA, or consultants (The Planning Center
and Meyer, Mohaddes and Associates) acting as agents for the SBCCOG.
• Project oversight responsibility, including development of the COG's OWP,
development of scopes of work for projects, and consultant management has been
performed by the Steering Committee for those projects that are being conducted
for the SBCCOG by consultants.
• The Goals Workshops, development of preliminary action plans, the new standing
committee structure, staffing for these efforts, and follow-up activities have all been
absorbed by the Steering Committee and "volunteer staff from member cities.
• We have no one to perform the function of a liaison with our member cities and
other agencies, or to identify, apply for, and oversee the administration of outside
funding sources -- no one to get us "our fair share" of the funding that is
available to us.
Given the increased demands, expanded goals, and raised performance expectations
of the SBCCOG, and the disproportionate efforts by several cities to "staff' the
SBCCOG, we have reached a .point where the COG can no longer continue to
sustain the current level of support, let alone grow to meet our subregion's
needs.
For all of the reasons listed above, it is time to consider creating an administrative
support function for the SBCCOG. This would be a dedicated position (or positions) for
the purpose of applying for and tracking outside funding, coordinating activities on
behalf of the COG, tracking the progress of projects and COG programs, and providing
a consistent and accountable "presence" for the South Bay in interagency
representation. This type of service is sanctioned by the by-laws of the SBCCOG,
under Article IV, Executive Director. Such a position would be "(s)subject to the
authority of and as directed by the Governing Board, to administer the affairs of the
Council." The administrative support function could •be directly overseen by the
SBCCOG, with the Steering Committee acting as a policy . advisory and program
coordinating body.
This position(s) could incorporate the following tasks, among others:
• Creating and distributing agendas for SBCCOG Board meetings;
• Presenting items on the agenda to the SBCCOG Board;
• Administering contracts for all implementation programs;
• Seeking and applying for outside funding for COG programs;
16
• Documenting and tracking all outside funding and programming,
• Developing and proposing annual COG budgets;
• Coordinating staff input and reviews for all member cities;
• Disseminating information to member jurisdictions;
• Presiding over the transportation TAC; coordinating and creating TAC agendas
• Representing staff/technical input at all meetings of the SBCCOG and Steering
Committee;
• Overseeing ad hoc/standing committee meetings; coordinating input from these
committees to the TAC and SBCCOG agendas;
Reviewing contracts and referring recommendations for payment or
implementation to the Steering Committee and SBCCOG;
• Performing the liaison function for the SBCCOG with the MTA, SCAG, AQMD,
Caltrans, etc.;
• Providing aninterface with the SBCCOG City Managers' Association; and
• Writing grants, documenting and monitoring grant applications; referring grant
recommendations to the Steering Committee.
Staffing and Funding Options: Given the experiences of the Steering Committee
members over the past several years, the effort to keep the SBCCOG functioning at its
current level has become overwhelming. We have reached the point where expanding
our efforts to develop a work program and implement action items is no longer possible
within the existing organizational structure. The examples from other subregions show
the level of support that is typical for those subregions which have regional influence
and ambitious goals and work programs, and, most important, who achieve success.
Please see the chart on the following pages for an overview of staffing options, funding
options for each staffing option, and a brief discussion of the advantages and
disadvantages of each.
17
STAFFING AND FUNDING OPTIONS
ADMINISTRATIVE SUPPORT OPTIONS*
FUNDING OPTIONS*
COMMENTS
1. Maintain existing structure. (See attached
SBCCOG Organization Chart)
a) Unfunded costs of "volunteer" staff time currently
being "absorbed" by participating cities: over
$93,000 per year.
Per the discussion in this Position Paper, this is
not a structure that can continue to be
maintained.
2. Create and fill one full-time administrator
position for the first year of a phased staffing
program. The administrator's first year duties
would be to analyze the COG's needs, develop a
organization chart for the administrative support
function, and outline and secure the necessary
revenue sources to fund the work program and
staff.
Additional staff, like a transportation coordinator
and clerical support, would be phased in over
time, as funding is secured for the new positions.
•
a) Raise dues to fund position (approximately
$5,375 per city).
b) Combination of raising dues (approximately
$4,125per city)and utilizing10% of SCAG
OWP allocation (approximately $20,000 in FY
97-98) to fund position.
c) Fund position through outside funds, if possible.
Note: This option still would require funds for
in-kind match.
Advantages:
• Allows time to build support and assess needs.
• Less up -front costs.
Easier to implement.
Fundingputs most of the responsibility
• option a ) p y
on the new administrator to work out the detail of
the new positions, and secure funding.
Disadvantages:
• Benefits will take longer to realize.
• Funding options b) and c) require much more
work from "volunteers" to write scope of work,
negotiate with other agencies to fund a portion or
all of the position.
• Funding option c) requires "someone" to find the
funds and apply for them. This could be
accomplished in phases, by 1) hiring a consultant
whose sole function would be to identify funding
sources and apply for grants; and 2) once the
grants are secured, the position could be filled.
3. Create and fill the complete administrative
support structure within one year. Includes:
full-time administrator, full-time transportation
coordinator, and part-time clerical.
a) Raise dues to fund all positions (approximately
$9,750 per city).
b) Combination of raising dues (approximately
$8,500 per city) and utilizing 10% of SCAG
OWP allocation (approximately $20,000 in FY
97-98) to fund position. (Note: A match would
be required for the SCAG funds and would
Advantages:
• Enables COG to put the work program into action
much sooner.
• Benefits will be realized more quickly, and it is
much more likely that we would receive more
• funding, sooner.
• Has immediate impact of reducing "volunteer"
r
require higher dues to offset. This cost is
unknown and is not considered in the estimated
dues amount.)
c) Combination of raising dues (approximately
staff and elected official time devoted to
administrative activities; frees time up to
participate in policy and action plan
implementation.
$6,000 per city) to fund administrator and
Disadvantages:
clerical positions, and securing transportation
funds for transportation position. (Note: match
would be required as noted above.)
• Could result in higher up -front costs to cities,
depending on funding option selected.
• Funding options b), c), d) and e) require much
d) Combination of raising dues (approximately
.more work from "volunteers" to write scopes of
$4,750 per city) and utilizing 10% of SCAG
work, negotiate with other agencies to find a
OWP allocation to fund administrator and
portion or all of the position, interview applicants, .
clerical; and securing transportation funds for
etc.
transportation coordinator. (Note: A match
• Funding options c), d), and e) require "someone"
would be required for the SCAG and
to find the funds and apply for them. This could
transportation funds, and would require higher
be accomplished in phases, by 1) hiring a
•
dues to offset. These costs are unknown and
consultant whose sole function would be to
are not considered in the estimated dues
identify funding sources and apply for grants; and
amount.)
2) once the grants are secured, the position could
e) Fund all positions through outside funds, if
possible. Note: this option still would require
funds for in-kind match.
be filled. •
*NOTES:
1. These options all assume the continuation of the services of the minutes secretary.
2. Estimated dues are approximates based upon assumptions of the cost of similar positions in other COGs. Actual costs may be different.
These estimates have been provided for discussion purposes only.
NEXT STEPS
The South Bay Cities Council of Governments must consider its future in light of the
above discussion and these. observations:
• Experience to date in functioning as a COG;
• An ambitious work program for our subregion that has been developed through
SBCCOG goal setting workshops;
• Future funding uncertainties (i.e., ISTEA reauthorization);
• Growing evidence that local COGs are increasingly effective;
• Increased competition between subregions for limited transportation and
economic development funds;
• Funding criteria that gives priority to projects that have subregional support
and/or are joint subregional projets;
• Increased need and desire for public/private cooperation; and
• Inadequate budget and staff to implement the SBCCOG's goals and programs.
This position paper is being forwarded to all SBCCOG member jurisdictions to ask for
input and support in moving into the next phase of development of our organization.
Action items must. be prioritized, financial resources must be identified and secured,
and an administrative support structure must be established and filled. Unless there is
support for the organization's goals and objectives, participation by Board members,
and an increase in the amount of funding for the SBCCOG to develop an administrative
support structure, the COG will be unable to continue at the current level of activity, nor
will we be able to move our subregion into the future, remain competitive, and get our
"fair share."
RECOMMENDATION
The SBCCOG Board recommends that member cities: 1) receive and comment on this
Position Paper; 2) concur with Administrative Support Option #2 (to create and fill one
full-time administrator position for the first year of a phased staffing program) and
Funding Option 2c (secure the funds from outside sources, with the caveat that
matching in-kind funds most likely will be required); and 3) support the SBCCOG Board
in implementing the actions necessary to carry out the SBCCOG's work program. The
20
SBCCOG Board will keep member cities apprised of the COG's progress and will return
future budget items for consideration if necessary.
Respectfully submitted,
Dee Hardison
Chair, SBCCOG
ti
Jane Friedkin
Vice Chair, SBCCOG
Bob Pinzler
2nd Vice Chair, Finance, SBCCOG
Attachment:
1. Subregional Organization Charts
PB/Revised 7/15/97
21
South Bay Cities
16 Member Cities
Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles,
Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Torrance.
SBCCOG Board of Directors
16 Council Members
1 delegate and 1 alternate from each member city
Steering Committee
Comprised of Executive Board
Members, TAC Chairperson, and
member city staff
South Bay COG
City Managers
Group
Transportation
TAC
Board Member
Chair
Info Sharing
Committee
Board Member
Chair
GIS Working
Group
Economic
Development
Board Member
Chair
Crime and Drug
Use Prevention
Board Member
Chair •
LAX Expansion
Board Member
Chair
Livable
Communities
Working Group
Dues Structure I Formula
Total Revenue from Dues
Yearly flat membership rate of $600.00 from all member cities
$9,600
Administrative Structure: • Strictly volunteer effort by several member
cities: Inglewood, El Segundo, Torrance.
Total Hours: 200+ hours per month
$93,000+
Not including elected official time.
Gateway Cities
28 Member Cities
Artesia, Avalon, Bell, Bellflower, Bell Gardens, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park,
La Habra Heights, Lakewood, La Mirada, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Riviera,
Santa Fe Springs, Signal Hill, South Gate, Veman, Whittier, Los Angeles County
GCCOG Board of Directors
27 Council members
• .1 councilmember from each city and the Mayor of Long Beach
• Meets annually as the General Assembly
• Elects Chair, Vice Chair, and 7 other members to sit an Executive Committee
(Long Beach is automatically a member)
Executive Committee
• 10 Members elected by Board of Directors
• Meets monthly
• Conducts business of the COG
Gateway COG City Manager
Policy Advisory Committee
27 members
1 City Manager from each city
Steering Committee
Operates with 6 members selected by full Gateway COG CM Committee
r nspo atin Ccor"dinato
nancta?A a s ccountan
Lo
Public Works
Directors.Committee
Mobility and Goods
Movement Advisory
Committee (MAGMAC)
Project Management Team
(Outside Consultant)
Economic
Development Working
Group
Planning Directors
Committee
Advanced
Transportation
Project
Information
Sharing Project
Dues Structure 1 Formula
Total Revenue from Dues
$5,000 per city - can be any combination of General Fund, Prop A and C,
AB2766 (up to each city)
$140,000
San . Gabriel Valley
26 Member Cities
Alhambra, Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry, Irwindale,
La Verne, Monrovia, Monterey Park, Pasadena, Pomona, Rosemead, San Dimas, San Gabriel, San Marino, Sierra Madre, South
Pasadena, Walnut, West Covina
Board of Directors
26 Council Members
1 member from each city plus the City Managers
TAC Chair as ex -officio member
Contract Attorney
Contract Accountant
City Managers
Legis ation
Solid Waste
Transportation
Air Quality
Economic
Planning
Technical
Committee
Management
Committee
Committee
Development
Directors
Advisory
Committee
Committee
Committee
Committee
General Comments
• Has annual dinner for all Board Members • welcomes new members, honors those stepping down.
• Has quarterly reception prior to regular Board meeting for County, State and Federal Legislators.
Dues Structure 1 Formula Total Revenue from Dues
Member cities are charged per year based upon the following formula:
$290,000
1. .10 per capita from each member city's prop A & C funds;
2. .07 per capita from each member city's AB2766 funds;
3. $1500 for every 10,000 people or under from General Funds (20,000 - 30,000 is
$1650. $150 for every 10,000 beyond 30,000 to a maximum of $3,000).
Total dues paid is a total of the three above amounts for each city
Western Riverside
15 Member Cities
Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside, San
Jacinto, Temecula and Riverside County
Execu ve Di"ec or
Batt Sta
General Assembly
Composed of all elected officials from
15 member jurisdictions;
Meets annually to elect officers to
Executive Committee
Executive Committee
Provides direction for day-to-day operation through
definition of goalslpriorities, adoption of workprogram,
and conducts monthly meetings
Technical Advisory Committee
Composed of 14 City Managers and the
County's Chief Administrative Officer
Air Duality
Technical
Committee
Information
Technical
Committee
Planning Directors
Solid Waste
Technical
Committee
Transportation
Technical
Committee.
Dues
Total Revenue from Dues
Each member city is charged based upon:
$170,000
1. their % share of total assessed valuation of all member cities; and
2. their % share of the total population of all member cities;
The two are averaged together to determine each member cities % of dues
September 10, 1997
Honorable Mayor and Members of
the Hermosa Beach City Council
Regular Meeting of
September 23, 1997
COASTAL COMMISSION WORKSHOP CONCERNING BEACH ACTIVITIES
OCTOBER 6 —10,1997
Recommendation:
That the City Council review the attached proposal and provide direction to staff on a
policy statement to be presented at the workshop that the Commission will hold in
October.
Background:
The Coastal Commission has scheduled a workshop as part of its October meeting in Del
Mar. In order for the City to fully participate in this workshop, staff is suggesting that the
City Council review the attached policy/position staement concerning beach activities.
This will allow the City Council's position to be made clear to the Commission. It would
be a good idea to either the Mayor and/or Councilmembers to attend the meeting to
express the City's position. The exact date has not been set yet. Once it is known, I will
let the Council and other know so they can participate in the workshop.
Re • ectfully submitted,
Step 'n `7 Burrell
City Manager
9b
OUTLINE:
CITY COUNCIL POLICY STATEMENT FOR TEMPORARY BEACH EVENTS
Summary: The City Council of Hermosa Beach encourages the Coastal Commission to
exempt all temporary beach events from Coastal Commission permitting. This request is
made in consideration of the following:
1. The City of Hermosa Beach has developed sound policies and contractual agreements with
event operators throughout the years to ensure that temporary beach events are: (a) safe, (b)
consider other beach uses, (c) mitigate traffic and parking concerns, and (d) are always open
to the public.
2. These recreational events have operated safely and compatibly with other beach events for
decades.
3. They occupy only a small portion of the beach (e.g., the AVP event occupied 2 acres of a
1.5 -mile long beach) and do not impede access to the ocean, beach or bikeways.
4. Applications for beach events are subject to both Parks and Recreation Commission and City
Council review each year, enabling the public to have significant public input with regards to
mitigation issues and policy decisions prior to City approvals (at a location that is convenient
to the public and near the proposed event venue).
5. City staff and Police have an advantage over the Coastal Commission staff in recommending
what mitigation measures are appropriate for an event due to their familiarity with the site
and its unique operational issues. To date, Coastal staff mitigation measures have been
largely based on individual citizen complaints, which may or may not have reflected
accurately on the key safety and access issues.
6. Coastal Permit requirements have proven to be duplicitous and confusing for event operators
and City staff Enforcement of two permits from two agencies for a single recreational event
is uncoordinated and the use of staff time to administer these dual permits seems to be a
wasteful allocation of public resources.
7. Coastal cities struggle to meet the escalating costs of maintaining and policing beach areas
(over $600,000 annually in Hermosa Beach). The City of Hermosa Beach lost an estimated
$16,000 in general fund revenue due to the Coastal Commission's 1997 decision with regards
to the AVP. These revenues support beach recreational programs including: (a) youth surf
camps, (b) beach volleyball classes, (c) beach camps, and (d) other recreational programs, all
open to the general public.
8. Commercial sponsorship of recreational events at the beach is a reality. Absent commercial
sponsorship, most events (and youth programs) would not be possible. Recognizing that
reality, the City has worked throughout the years to determine what level of advertising is
permissible at the beach, limiting the advertising space to the event venue (a very small
percentage of the beach area) and event time frames (e.g. five days for the AVP).
9. Temporary beach events are designed to celebrate recreational uses of our beaches. Each
year, thousands of attendees and those who watch these events on television are inspired to
surf, swim and play volleyball on our public beaches. As such, the Coastal Commission and
the City should embrace them as important components in fulfilling access objectives.
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
August 22, 1997
Ms. Mary Rooney
Community Resources Director
City of Hermosa Beach Civic Center
1315 Valley Drive
Hermosa Beach, CA 90254-3885
Re: Upcoming Coastal Commission Workshop on Temporary Events
Dear Ms. Rooney:
As you may be aware, the Coastal Commission plans to hold a second workshop addressing
temporary events at the October 7-10, 1997 Commission meeting to be held in Del Mar, San
Diego County. A formal notice including the exact date and location will be mailed to you at a later
date.
The purpose of this letter is to request input from your agency/organization regarding the issues
and concerns which have been raised by the Commission's recent action on the permits for the
volleyball tournaments in Manhattan and Hermosa Beach, and on the Manhattan Beach LCP
amendment, which did not allow charging a fee for public admission to events held on the public
beach. We are also interested in your thoughts on the Commission adopted guidelines for
exclusion of temporary events from coastal development permit requirements, how they are
working and/or how they may be modified to address specific concerns related to processing
permits and addressing public access and recreational impacts. Because, as a public agency,
you are also responsible for regulation of temporary/special events within your jurisdiction, we are
interested in your opinion on how the fact that a coastal development permit may be required for a
particular event affects your process and decision-making ability. Finally, the Commission would
also be interested in the commercial aspects of events held within your jurisdiction, including
sources of commercial revenue or sponsorship, and whether or not such revenues are utilized for.
access improvements or beach maintenance.
Commission staff wants the upcoming workshop to provide a forum which is conducive to open
discussion of the many complex and sometimes controversial aspects of regulating temporary
events by local, state and federal agencies. As you know, the above mentioned guidelines
particularly target events held on the beach, in the summer for which an admission fee is involved.
Other concerns which have been raised address use of public parking, traffic conflicts and
advertising. Your thoughts on any issues or concerns are welcome. In order for the information
you provide to be incorporated into the staff report distributed to the Commission prior to the
workshop, I would need to have your comments no later than September 12, 1997. Thank you for
your participation. Please don't hesitate to call with any questions or discussion.
Sinc rely,
Sherilyn Sar
Temporary Events Coordinator
TE.doc
September 18, 1997
Honorable Mayor and Members of the Regular Meeting of
Hermosa Beach City Council
September 23, 1997
Department of Community Resources
Activity Report for August, 1997
The Department of Community Resources has been involved in the following activities for the
month of August.
RECREATION PROGRAMMING
Beach Over -the -Line. Saturday, August 9. This tournament is played on the sand at 10th street
using official beach over -the -line rules. We had nine (9) teams with three (3) members each play
in this tournament and the winning teams in each division received T-shirts.
Pageant of the Masters Excursion. Sunday, August 24. Participants enjoyed the 65th annual
Festival of the Arts in Laguna Beach. The excursion sold out again this year and all the
participants loved the show.
Corky's Sports Camps. This weekly intensive camp teaches the fundamentals of baseball,
basketball and soccer to youths between the ages of 6 and 12. The program is taught by former
professional athlete, Corky Bell. The program began August 18th and runs through September
5th, Monday - Friday, 8:30 a.m. - 12 noon. It is held at Hermosa Valley Park, Clark Stadium and
the beach. All three weeks of the program were filled to capacity.
After Blast Day Camp. After Blast was offered Monday through Friday, August 4-15 for youths
ages 6-12 years of age. Transportation was provided from our After Blast Day Camp to our mini
camps using the local Wave system, when needed. The After Blast program continues to be a
successful program.
SPECIAL EVENTS
International Surf Festival. August 1-3. Hermosa was host to the Beach Cities Health District's
2nd Annual Health Fair held on Saturday, August 2nd. The fair was held in conjunction with a
health walk/run. Hermosa also played host to the famous fishing derby. We had over 30
participants this year, an increase of 50% from last year. Just Fishing by Pete was a co-sponsor
and provided fishing gear and bait for the program. Medals were given away in three (3)
categories: Halibut, Bonito and Mackerel. Other activities included a two-mile beach run, surfing
contest, sand castle designing contest, a Pier -to -Pier swim, youth swim and paddle and the L. A.
County Lifeguard championships.
AAU National Championships. August 7-9. Over 45 athletes participated in this co-ed youth
volleyball tournament. The event was held in conjunction with WPVA and winners were
announced at the WPVA event.
Evian / WPVA Volleyball Tour. August 9-10. This double elimination tournament hosted 32
women's teams. The finals were taped on Sunday by ABC with Nancy Reno and Carolyn Kirby
winning the tournament.
Pier Plaza Grand Opening. Saturday, August 16. This event, co-sponsored by Anheuser-Busch,
was an all day affair. The HBCCF sold raffle tickets for a brand new surf board, an artists
rendering of Pier Plaza and a number of gift certificates. Budweiser was there with games and
hand outs. The ribbon cutting ceremony began at 5:00 p.m. with Mayor J. R. Reviczky being
delivered by the Budweiser Clydesdales. After a reception at Patrick Malloys's, bands performed
and the evening ended in a fireworks display off the Pier.
Cuervo Amateur Beach Volleyball Tour. August 23-24. This was a co-ed, two person
tournament open to anyone over the age of 21. Prizes were awarded in all divisions for 1st - 4th
place. The finals were filmed on Sunday by FOX sports.
Upcoming Events
Fall/Winter 1997/98 brochure of classes
Fillmore Summer Night Train Excursion
Resident registration begins
Slo-Pitch Leagues begin
Indoor Basketball League Begins
Aloha Days Longboard Surf Competition/Festival
Coastal Clean up
Non-resident registration
CBVA Co-ed Beach Volleyball Tournament
Recreation classes begin
September 2
September 13
September 16
September 19
September 20
September 20
September 20
September 23
September 27
September 29
Facility 8/96 User Hours 8/97 User Hours
Field 110 124
Theater 45 127
Clark 183 164
Gym 186 174
Room 8 96 110
Room 10 64 102
Room 12 98 142
Rink 152 130
DEPARTMENT REVENUE
Current This Month FY Last Fy
Month Last Fy To Date To Date
$45,960 $43,085 $148,517 $132,882
Revenue Projection: $512,424
Community Resources Department general fund revenue for 17% of the fiscal year is (estimated)
$148,517 or 28.9% of the projected figure.
Community Resources Department general fund expenditure for 17% of the fiscal year is
(estimated) $114,544 or 20% of the budget FY 1997-98 appropriation of $570,064.
Concur:
ney, Director
nity ' esources Dept.
Stephen R. B
City Manage
Respectfully Submitted,
3
an Clark
Recreation Specialist
Community Resources Dept..
August 21, 1997
906 BIRTHDAY OF HERMOSA BEACH
& 300th ANNIVERSARY OF LORETQ
A tremendous amount of time and work went
into the Celebration of the 90h Birthday of
Hermosa Beach and 300' Anniversary of our sis-
ter
irter city Loreto. The Hermosa Beach Sister CiWy
Celebration Committee: Jean Cullen, Marie Di4,
Joe Diaz, Amparito Doolittle, Judy Garland,
Claudia Lindwall, Jean Lombardo, Donna Love,
Mena Marshall, Winston Marshall, Cathy
McCurdy, Dick McCurdy, Linda Monosmith, Leah
Moore, J.R. Reviczky, Missy Sheldon, John
Snyder, Patricia Spiritus and Dorothy Yost give
many thanks to Mary Rooney and staff including
Aaron, Alex, Marsha Ernst and Jean Clark.
Gratitude to the H.13. City Council who
approved the celebration and joined us as haus.
13i11 Ryan and Debbie Rieger for creating the itis.
minated Mexican and U.S.A. Flags. Susan
Collector and students for the Young at Art cl'is
play. Special volunteers from the Woman's Club,
Rotary, Kiwanis, Stephanie, Patty, Aidan, Nancy
and Connie. Mike Flaherty and Staff. for the sfie-
cial lighting. Nate's Horne 13ar-B-Q
Powerhouse Dance Band and Jean Stare, Show
Prxlucer, Pyro Spectaculars.
Sponsors: Soldier of Fortune, Inc., Aero
California, Ocean Lofts at Beach House, Kiwanis,
Rotary, Woman's Club, Anheuser-Busch,
Hamilton Gregg 13rewworks, Beach Travel, Kathy
& John Dunbabin, St. Cross Episcopal Church and
H33. Chamber. In kind donations: Bob's Florist,
Fast Signs, Anza Rents, The Cotton Shop, South
Bay Yellow Cab and L.A. County.
Thank you to everyone who joined us for the
celebration of the city we love.
Jean Lombardo, Celebration Chair
Easy Reader
The Beach Reporter • August 21, 1997. 13
Thanks from Celebration Committee
A tremendous amount of time and work
went into the celebration of the 90th birth-
day of Hermosa Beach and 300th anniver-
sary of our sister city, Loreto. The Hermosa
Beach Sister City Celebration Committee:
George Barks, Jean Cullen, Marie Diaz, Joe
Diaz, Amaparito Doolittle, Judy Garland,
Claudia Lindwall, Jean Lombardo, Donna
Love, Merna Marshall, Winston Marshall,
Cathy McCurdy, Dick McCurdy, Linda
Monosmith, Leah Moore, J.R. Reviczky,
Missy Sheldon, John Snyder, Patricia
Spiritus and Dorothy Yost give many
thanks to Mary Rooney and staff including
.Marsha Ernst and Jean Clark.
Gratitude to the Hermosa Beach City
Council which approved the celebration
and joined us as hosts; Bill Ryan and Deb-
bie Rieger for creating the illuminated
'Mexican and U.S.A. flags; Susan Collector
and students for the Young at Art display;
special volunteers from'the Woman's Club,
Rotary, Kiwanis, Stephanie, Patty, Aidan,
Nancy and Connie; Mike Flaherty and staff
for the special lighting; Nate's Home Bar -
B -Q Pit; Powerhouse Dance Band; and
Jean Starr, show producer, Pyro Spectacu-
lars.
Sponsors: Soldier of Fortune Inc., Aero
California, Ocean Lofts at Beach House,
Kiwanis, Rotary, Woman's Club, Hamilton
Gregg Brewworks, Anheuser-Busch, Beach
Travel, Kathy and John Dunbabin, St.
Cross Episcopal Church and Hermosa
Beach Chamber. In-kind donations: Bob's
Florist, Fast Signs, Anza Rents, Cotton
Shop, South Bay Yellow Cab Co. and Los
Angeles County.
Thank you to everyone who joined us
for the celebration of the city we love. We
need to work together for a common goal
and aren't we better for it.
Jean Lombardo, Celebration Chair
Hermosa Beach/Loreto birthdays
olleyball tourney in H.
eature top amateurg4/p
ow that all the: pro tournaments have
worked their -way through the beach cities,'" --
it's time for the amateurs to take back the
sand.
Some of the area's best beach amateur
beachvolleyball playerswillbattle it out
this weekend at Hermosa Beach as the ..
,Cuervo'Gold Beach:Volleyball Tour
makesits'only South Bay stop.
The highest level of competition will be
Cuervo,Gold division,. where men's -
and women players will battle for $1,000
in prize money `and a trip. to the $30,000
tour chanipionship;to'be played this Octo-
_
ber iniauderdale_bythe-Sea,'Fla.
erdivision include CAAA :($250
. first prize), men's "A" and "B," women's
"B," coed open and coed unrated divi-
sions.
Spectator admission is free.
• All players must be 21 years of age or
.older to participate. The registration fee is
$75 for the Cuervo Gold division, $50 for
• the AAA and $40 for all other divisions.
Registration on the morning of the
::event begins at 7:30 a.m. only if spots are
• available. All divisions start Saturday,
=Aug. 23, except for women's `B" and co-
ed divisions, which start Sunday, Aug. 24.
::..For more information about the tourna-
=, ment, call (203) 855-8164. -
lost to the
olleyball
Ya
Nano
others
ournament play: begins Friday morn ,
ingrwith a qualifying round to determine
the,final 32 -team draw for<the"regular
draw. Saturday Play on .Saturday •is
scheduled `to begin "at 9 a.m On Sunday,
play will begin, at 8 a in with the semifi-' :=.
nals `scheduled for 11:30 a.ri. The finals
will be at3p.m ,.
'Adriiission t� the tournament -is free
but it :might be well-advised to arrive
early for Sunday's matches, as grand-'
stand seating is limited.:":''
Holly McPeak
ieriuosa: .n
Evian
ro-.beac
ermos�
wee
The livian National Championships;
featuring top volleyball -players such as
Lisa Arce and Holly McPeak;'come to the
Hermosa Beach Pier Friday; Aug: 8 at1
p.m. Six teams will compete this; week-
end for the final two:spots in September's l
World Championships of Beach Volley
ball. Arce and McPeak,'-last year's;na-
tional champions, will play Saturday at 9 1
a.m. when they defend their title. Semi-' i
finals will take place Sunday at 11;30 a.m
The Winners will then play for the Cham=
pionship at 3 p.m. Admission is free.
ids who want to be the.next K.arch
or evenmaCe one of tharea s
high school volleyball teams
tter`start early . � �
�The'city of4Hermosa Beach wi11 hold a
outh.beach volleyball camp'next week to
elp kids get started m theme game
The3camp starts A•
ug 11
hr`ough Aug" 5 3The r u
everyday at the Hermosa Beac
30.00;30. p,:m,�,;?
Ttesps for children ages 61
e cotcamis S45 per participant F
In .the camp, kids; will be taught basicA
skillssuch a"s' passing; hitting and setting,
:.: as well as some'strateg
• Registrations for the camp are being ac
cepted at_ theHermosa Beach Communttj
Centerof.710 Pici Ave;; CallySteve.Tillman
at 540-3615 for more information . '
neivdowntown plaza on.lowei
ere'nionies with thermayor,_ City:
rillfbe foliowed by an evening on
pedestrian=
iosks and
Mayor�y (rig .1 ndes.a beer vaEnn tnto downtou i for last weekend's grand opening cele -
o i
iration love'�r ter.4venue Tlje reiritaliiatiii mart u alre +xJang off with soaring sales tar rev-
enue from downtown restainrunts andcubs "•
4..
A spectacular fireworks show off the Hermosa Beach Pier Saturday was the finale of the citv's Grand
osa Beac
Considering 2 Si
r:Skateboard Pari
ty officials have moved a step
oser to'finding a permanent site
for a'skateboard park in Hermosa
•
Beach.'` =r •;4
'�:subconlmittee:is evaluating a
to provide a°30,000 square..
t --swath of land at South Park`or
'chase a smaller piece`of vacant
land near rthe�city's =community,
center, said jCity; Manager=Steve
�uirelL'; iowever;-the{ econd site=
ma ►, ie tno s hall to
acco
m ate
urrell
anralis''for
rovide tlie: lana and �,
`aeisto providerCequipmentc'suc]
snaps They zity Counil i.
uled to discuss both 'sites a
The cityhas been trying to find a
aceto buld'askateboardpark for
ore'than a2year'} Hundreds of
outlis in the city have rallied for
ark, claming that municipal codes
revenf them from skating.in most
.public places
In-line'skating 'safety classes are of-
fered: every:Monday_.night; from -.5:30 to
7 30 p m. at South Park; -425. Valley Drive,
in Hermosa Beach
Taught by International Inline Skating
Association -certified instructors, partici
pantsare taught how to stop and state
safely:'"'s cost'$15for ults;-and in
elude instruction, to tine skates and pro
tective gear -
Arecent report from the New Englan
Journal of Medicine concursthat taking
lesson land wearing protective gear (wrist`
guards, knee pads, elbow pads and a hel-`.
:met) can reduce a skater's risk of injury by'
on percent.::
,Classes .will be offered each Monday ,
rough Sept. 15. There will be no class on
Labor Day,' Sept. 1. Participants may reL
aster in advance'or sign up at the time of
classFor more information, call the Her-_
mosa''Beach Department of Community.
pesources 318-0280
e city of Hermosa; Beachlwill ,hold
tennis clinks for adults every Saturday l
"through Sept 27 at the Community Center
tennis courts, X10 pier Ave These;clincs >;
are designed toNaccommodate` the ad ';
vanced beginning to intermediate players. -
Informal doubles games' and competitions
will also:be held on adjacerit�courts The
clinics;are from: 9 30 to';l l 30`a r .; and
cost S-15. for. Hermosa residents, $17 for
non-residents.' Participants must complete
a registration form at the first clinic:There
will
beno elass'Aug r30 For more `infor-
ma'tion, cal1318-0280. :
'Top amateurs compete in H.13:Cuefvo Gold volleyball tourney
'-f- '•
,The Cuervo Gold Regional Championships were held in Hermosa Beach last weekend.
-.:.,In the men's gold division, Jason SCott;of Laguna Beach and Mike Minier of Irvine de-
Jeated Mike Manattarocci of San 1piego and Jason Stimpfig of Manhattan Beach by a
f! score of 15-8. The women's gold finals saw the:team of Lynda Black and Vclinda Hillary
„ •
from San Diego defCating.Beth Schuler Of Costa Mesa and Alicia Chung of Santa Monica
by a score of 15-12. Results from lower division matches were not available at press time.
„.,
:told division winners 'from tkisTWeekend'stotnInaiiientwill be flown, all expenses paid.
.
to South Florida to compete in ih6-$30,0Q0 Jose Cuervo National Beach Volleyball
'Championships in Lauderdale -Icy -the -Sea, Fla., Oct.' 25 and 26. Teams that placed first
.
.r,:and second in the men's and women's open divisions of the Jose Cuervo tournament in
Chicago also earned spots at theChaintiforiShipi;EN;liich will culminate the 10 -city tour.
.Tirst7place teams collected a winner -take -all prize of $1,000 cash. Pictured above, Nancy
Mason makes a pass while partner Crystal Atwood looks on. . : •• ,, :- .
--"•,': ,.- • (photo by Toni Hauck)
•
The city of Hermosa Beach is moving toward putting in a skateboard facility some-
where in the city. Above, skateboarders do tricks ai the Hermosa pier.
(photo by Chris Milkr)
Park
.Director Mary Rooney, the obstacles would
have cost $40,000. Also, because the tem-
porary park, with its removable obstacles,
would have to be supervised, it would cost
an additional $17,000 a year to. staff.
Aronoff said that he went to a temporary
park in Santa Fe Springs Monday and was
not impressed with the setup •
"Having been out there, it's not even an
alternative," he said. "First of all, you can't
believe'that stuff costs $40,000."
Aronoff added that the materials must be
stored in a trailer, making the park far -from -
temporary
` A temporary park is about as mobile as
a mobile home;" he said. "These things are
not the way to go.
'Earlier this year, Hermosa and Redondo
Beach officials were considering a possible
joint project at the Triton Oil -site at the in-
tersectionof Harbor :Drive and Portofino
Way to Redondo: That project., has been
dropped because the'site currently is‘being
Consideredby several restaurant companies
interested in the waterfront location.'
As a- possible. joint project at the Triton
site .has lost momentum, both cities have
been considering their own projects
°Earlier'tliis month 'the Redondo : City
Council encouragedits own citizens to
begin a'grass-roots effort to build.a facility
in the city; similar to the manner in which
citizens rallied to build the city's dog park
in Dominguez Park. Possible Redondo sites
.are Alta Vista Park Anderson Park, al-
though these areas are near residential
neighborhoods.
' Hermosa city staff will now report back
to the full City Council
at its next meeting
Sept:'9 regarding the feasibility of the two
sites, Burrell said. If a site is chosen by the
council, the subcommittees will decide on a
final design, which then must be approved
by the council, Burrell added.
(Continued from ''cover): ;:._ ..
member Robert Benz said. "Let's create a
place now."
Councilmember Julie Oakes agreed that
there is a need to get something built sooner
rather than later ".
5.'_`I thmk.we should build one thing, just
to`get it rolling," she said.
Voting skateboarders have been appeal-
ing to city`leaders' to build a skateboard fa-
cility since March ,of -last year, when a
group of riders -presented 'a petition with
F:,
500•signatures"to the City Council request-
ing a park be built. -
To date, nothing has been buiit, and offi-
lcials say -that of the most difficult as-
pects of the project is findingasite that is
not objectionable to ;neighbors.
"Benz said Tuesday ,that holding out'to
build a pernianent'structure- which would
cost an estimated $100,000 =would mean
that.'a lot of time would pass before "skate-
boarders'in the city have aplace to go
"If we're looking fora permanent struc-•
ture," he Said, "it'll be years before We get
it made '•
'Parks and Recreation Commissioner
Robert Aronoff expressed concern about 1i -
ability and safety •problems from the riders
building their own `facility; but others dis-
missed thisconcern
"The people who are 'riding it want It
sturdier than you do,' Benz said.
City Manager Steve Burrell said it is not
clear at this point'who would pay for the
construction materials when riders add on
to the facility:
The city recently had been considering
• buying temporary obstacles that could be
set up and taken down at alternate locations
in the city, but Aronoff said that the tempo-
-Ty facility option was not worth the price.
According to Community Resources
o.
0
0
v 0 0
0
September 10, 1997
Honorable Mayor and Members of Regular Meeting of
the Hermosa Beach City Council September 23, 1997
PERSONNEL DEPARTMENT
Activity Report - August 1997
STATISTICS
Worker Comp Claims
CURRENT THIS MONTH FY TO LAST FY
MONTH LAST YEAR DATE TO DATE
Claims opened 3 2
Claims closed 0 0
Total open 90 85
Current Employee 36 34
Active Cases 1 4
Lost time (hours)
Safety
Non -Safety
Liability Claims
3 5
4 0
0 336 0 828
161 13 529 37
Claims opened 2 4 6 5
Claims closed 2 5 2 8
Total open 18 12
Employee -Involved
Vehicle Accidents
Safety 0 0 1 1
Non -safety 1 1 1 1
Employee Turnover
Safety 1 0 1 0
Non -safety 0 0 0 0
R: spectfully submitted,
Ste.'. en R. Burrell
City Manager
ACT2
Honorable Mayor and Members of the
Hermosa Beach City Council
September 18, 1997
Regular Meeting of
September 23, 1997
PUBLIC WORKS DEPARTMENT MONTHLY REPORT - AUGUST 1997
The Public Works Department is divided into three (3) major functions: Administration,
Engineering and Maintenance.
ADMINISTRATION
The administration function coordinates and blends the efforts of all divisions of the Public Works
Department in accomplishing the directives of the City Council and City Manager, this includes
engineering and management of Capital Improvements Projects.
PERMITS ISSUED
Type of Permit
Current
Month
97 - 98
To Date
Last FY
Month
96 - 97
To Date
Sewer Demolition
2
3
0
0
Sewer Lateral
3
5
0
0
Street Excavation
6
14
2
3
Utility Companies Only
14
21
14
27
Dumpster/Misc.
3
10
3
4
Banner Permits
1
7
2
5
ENGINEERING
The Capital Improvement Projects which are currently in progress are:
CIP 93-145 Utility Undergrounding
CIP 96-153 &
CIP 96-156
Traffic Signal Modifications On Hermosa Avenue At
13th and 14th Streets
CIP 94-160 Downtown Improvement Project
CIP 93-302 NPDES Storm Water Management
1
CIP 92-408
CIP 95-620
CIP 95-622
CIP 96-624
Sanitary Sewer Improvement City-wide
Hermosa Beach Pier Renovation
City Hall ADA Requirements
Parking Structure (Lot C)
MAINTENANCE
The maintenance function of the Public Works Department is divided into the following sections:
• Parks/Medians
• Street Maintenance/Building Maintenance
• Sewers/Storm Drains
• Street Lighting
• Traffic Safety
• Equipment Service
Parks/Medians Division: Ongoing median landscape maintenance. Irrigation repairs at South
and Valley Parks and at Clark Field. Install monument on Greenbelt. Assist in sidewalk repair.
Repair planter boxes. Prepared palms on Lower Pier Avenue. Preparation for Lower Pier
Avenue Grand Opening. Repair furniture at Clark Field and Valley Park.
Street Maintenance/Building Maintenance Division: Final sidewalk repairs on 2nd Street.
Prep. for Grand Opening. Ongoing building maintenance. Third Street sidewalk repairs . Repair
restrooms at 22nd St. and the beach. Roof repairs and inspections. Sand Gate rebuilding.
Sewers/Storm Drain Division: Pump storm drains. Repair pier restrooms. Repair drinking
fountains at Jarvis Memorial and Community Center. Repair plumbing in the Police Dept.
Ongoing sewer contractor administration.
Street Lighting Division: Preparation for Lower Pier Avenue Grand Opening including palm
tree lighting. City-wide street light repairs. Check and repair Strand lights. Repair theater aisle
lights. Install new light fixtures on Hermosa Avenue. Assist with 2nd/Valley concrete work on
sidewalks. Lighting work at 2nd and 15th Street restrooms. Install city-wide banners.
Traffic Safety Division: Repaint crosswalks and T&L's from sewer projects at 25th/14th/
Prospect. Set new meter poles at 25th Street. Paint new legends at Pier Avenue. Stop sign
maintenance at various locations. Repair lifeguard parking lot. Assist storm drain cleanout.
Installl fire hydrant buttons. City-wide graffiti removal.
Equipment Service Division: Ongoing equipment and vehicle maintenance and repair. Prep
new Police Department vehicles.
Graffiti Removal:
FY 96-97 FY 97-98
JULY 1996
AUGUST 1996
SEPTEMBER 1996
OCTOBER 1996
NOVEMBER 1996
DECEMBER 1996
JANUARY 1997
FEBRUARY 1997
MARCH 1997
APRIL 1997
MAY 1997
JUNE 1997
12.00 Hours
11.00 Hours
43.50 Hours
25.50 Hours
19.00 Hours
25.00 Hours
22.50 Hours
22.50 Hours
26.00 Hours
93.50 Hours
29.00 Hours
27.50 Hours
JULY 1997
AUGUST 1997
26.75 Hours
40.75 Hours
YTD TOTAL: 357.00 Hours YTD TOTAL: 67.50 Hours
Respectfully submitted: Concur:
Not available for signature
Barbara Conklin
Amy Amirani
Administrative Aide, Public Works Director of Public Works
Noted:
Stephen R. Bur
City Manager
3
BC/moact
CITY OF HERMOSA BEACH
COMMUNITY DEVELOPMENT/BUILDING & SAFETY DIVISION
AUGUST 1997 MONTHLY REVENUE REPORT
BUILDING
PLUMBING/MECHANICAL
ELECTRIC
PLAN CHECK
SEWER USE
RES. BLDG. REPORTS
PARKS & RECREATION
IN LIEU PARKING & REC
BOARD OF APPEALS
SIGN REVIEW
FIRE FLOW FEES
LEGAL DETERMINATION
ZONING APPEALS
TEMPORARY SIGN
TOTALS
57
22
16
27
5
24
0
7
0
2
17
0
0
0
177
33
30
14
12
0
105
47
43
45
5
28 _ 60
0 0
0 8
0 0
4
5
0
0
132
3
23
0
0
0
339
76
56
35
30
1
54
1
0
0
6
9
0
0
11
279
BUILDING
PLUMBING/MECHANICAL
ELECTRIC
PLAN CHECK
SEWER USE
RES. BLDG. REPORTS
PARKS & RECREATION
IN LIEU PARKING & REC.
BOARD OF APPEALS
SIGN REVIEW
FIRE FLOW FEES
LEGAL DETERMINATION
ZONING APPEALS
TEMPORARY SIGN
TOTALS
$33,636.10
2,256.20
1,965.60
24,800.60
4,976.96
1,058.40
0
29,386
0
176.20
12,808.50
0
0
0
$111,064.56
$9,037.55
1,764.55
1,599.50
$57,436.33
5,360.90
4,910.90
5,804.78 41,719.60
0
1,218
0
0
0
347
2,346.50
0
0
195
$22,312.88
4,976.96
2,646
0
32,470
0
264.30
23,665
0
0
0
$173,449.99
$24,322.51
3,136.75
3,235.10
13,979.38
901.48
2,349
3,500
0
0
520.50
5,780
0
0
357.50
$58,082.22
CITY OF HERMOSA BEACH
COMMUNITY DEVELOPMENT / BUILDING & SAFETY DIVISION
BUILDING PERMITS ISSUED REPORT MONTH OF AUGUST, 1997
1
2
101
3
4
102
103
5
104
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
105
213
214
318
319
320
321
322
323
324
325
326
327
328
329
434
437
438
645
646
647
648
649
NEW SINGLE DWELLINGS
1
1
NEW SINGLE FAMILY ATTACHED
NEW TWO FAMILY BUILDING
5
5
$257,219.16
$1,131,151.32
NEW 3 OR 4 FAMILY BUILDING
NEW 5 OR MORE FAMILY BUILDING
NEW HOTEL/MOTEL
NEW OTHER NON HOUSEKEEPING
NEW AMUSEMENT & RECREATION
NEW CHURCH/OTHER
1
$69,430
NEW INDUSTRIAL BUILDING
NEW PARKING GARAGE (PUBLIC)
NEW SERVICE SFR/REPAIR GARAGE
NEW HOSPITALIOTHER INSTITUTIONAL
NEW OFFICE/BANK
NEW PUBLIC WORKS/UTILITY BLDG.
NEW SCHOOL/OTHER EDUCATIONAL
NEW STORE/OTHER MERCH BLDG.
NEW OTHER NON RESIDENTIAL BLDG.
NEW STRUCTURES OTHER THAN BLDG.
ADD/ALTER-DWELLING/POOL
2
41
$11,000
$697,126.60
ADD/ALTER NON RESIDENTIAL
3
$27,200
RESIDENTIAL GARAGES/CARPORTS
DEMOLITION -SFR
DEMO 2 SFR
4
$2,000
2
$1,000
DEMO 3-4 SFR
DEMO 5+ BLDG.
DEMO ALL OTHER BLDG. spa, demo
TOTAL PERMITS:
59
TOTAL VALUATION OF ALL PERMITS: $2,196,127.08
HONORABLE MAYOR and MEMBERS of
HERMOSA BEACH CITY COUNCIL
September 15, 1997
Regular Meeting of
September 23, 1997
ACTIVITY REPORT
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
AUGUST. 1997
STAFF REPORT PREPARED
APPEAL / RECONSIDERATION
0
0
2
0
CONDITIONAL USE PERMIT (CONDO)
0
0
3
0
CONDITIONAL USE PERMIT (COMMERCIAL)
CONDITIONAL USE PERMIT AMENDMENT
0
2
0
2
0
0
0
0
CONDITIONAL USE PERMIT MODIFICATION/REVOCATION
CONDITIONAL USE PERMIT/MAP EXTENSION
ENVIRONMENTAL IMPACT REPORT
FINAL MAP
0
0
0
0
0
0
0
0
0
0
0
2
3
0
2
GENERAL PLAN AMENDMENT
HEIGHT LIMIT EXCEPTION
LOT LINE ADJUSTMENT
0
0
0
0
0
0
1
0
0
0
0
0
NONCONFORMING REMODEL
0
0
0
0
PRECISE DEVELOPMENT PLAN
PARKING PLAN
0
1
0
0
0
0
1
0
SPECIAL STUDY
SUBDIVISION
0
0
0
1
0
0
0
0
TEXT AMENDMENT
TRANSIT
0
0
2
0
0
1
1
0
VARIANCE
0
1
2
ZONE CHANGE
0
0
0
MISCELLANEOUS
4
0
10
1
0
6
TOTAL REPORTS PREPARED
4
6
23
15
NOTE: A staff report may be written for one or more of the items listed above, but it will be listed and
counted only once.
WAVE DIAL -A -RIDE RIDERSHIP
...............
PASSENGERS ...
::.;:.;::.
;;;;:::»> ; .>-::.;:.»:.>:.>:.><:
HERMOSA BEACH
676
1,182
1,702
2,408
REDONDO BEACH
7,504
7,456
16,212
15,260
SATELLITE
387
504
829
946
The following Activities were Undertaken for Transit Proiects
1. Routine tasks.
Upcoming Agenda Items to City Council / Initiated by
1. General Plan Amendment from CC to MD including vacation of alley rights-of-way and
Zone Change from SPA7 to R-2, Conditional Use Permit, Precise Development Plan,
Vesting Tentative Tract Map #52251 and Lot Line Adjustment, on the rear portion of 2
commercial parcels fronting on PCH (635 & 705 PCH) and including 3 Tots on 6th St.,
for a 24 unit condo project taking access from 6th St., and Precise Development Plan
to reconfigure the layout and increase the P.C.H. frontage of the existing lumber yard,
at 635 & 705 PCH/709 - 723 6th St. / Private.
2. General Plan redesignation of inconsistent industrial M-1 zoned parcels / City
Council.
3. Text Amendment regarding temporary banner sign./ City Council.,
CONCUR:
Sol Blumenfeld) Director
Community Development Department
NOTE
Stephe
City Mana
4 -
Respectfully submitted,
Y -Ying Ting
Administrative Aide
f: \b95\trans\m i s c\activity
Honorable Mayor and Members of
the Hermosa Beach City Council
FINANCE DEPARTMENT
ACTIVITY REPORT, AUGUST 1997
September 15, 1997
City Council Meeting of
September 23, 1997
STATISTICAL SECTION
Finance Administration
............
............
...........
Full Time Employees
131
1
••••••••••••••••
..............
132
Finance Cashier
• • • • . • • • • • ....• • • • • • •
Calisfornia
Out of State
..R
b rivewa 1 2 7
••................
(f 4" Passs 503 492 1 507 1344
17
42484 8241
21 0 69 0
8
Contractor 10
................„.................................„.................................,......................................................„:„..........................................................................„......
..................................................,.........,....................,....................,.....,....................
0MiiiiiiiliiiiiiiiiiiiiiiiiiiiiiiIiiiiiiiiiiii::iiiiiiiiiiiiiiiiiiiigiiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiililiiiiiiiiiiiia,„..
........ ........................„:„.....,......................,.......„„:„.„.............„........,..................................„.............
Annual Preferential
Transferable
Vehicle
Licenses Issued
Reveriue
122
123
13
286
34
176
301
189 47 339 208
. .
Steph n R. Burrell,
City Manager
2
Respectfully submitted:
Viki Copeland,
Finance Director
f\b95\open\activty3.doc
HERMOSA BEACH FIRE DEPARTMENT
MONTHLY ACTIVITY REPORT FOR CALENDAR YEAR 1997
AUGUST 1997
THIS MONTH
THIS MONTH LAST
YEAR
YEAR TO DATE
LAST YEAR TO
DATE
TOTAL CALLS
90
79 •
700
662
FALSE ALARMS
0
4
1
32
MUTUAL AID
3
1
17
4
PARAMEDIC ASSISTS
68
59
480
450
RESIDENTIAL FIRE
4
4
38
52
COMMERCIAL FIRE
3
2
19
28
VEHICLE FIRE
0
0
9
6
HAZARDOUS MTLS.
2
3
23
21
OTHER
10
6
113
69
ESTIMATED FIRE LOSS
$10,020.
$3,050.
$88,475.
$79,700.
i.l.' 'I 1 1111 111
PARAMEDIC
STATISTICS
THIS MONTH
THIS MONTH LAST
YEAR
YEAR TO DATE
LAST YEAR TO
DATE
TOTAL RESPONSES
92
70
606
548
NO PATIENT/AID
8
4
45
44
MEDICAL
37
33
278
261
TRAUMA
47
33
278
244
auto accident
9
10
85
85
assault
2
6
38
46
jail call
1
4
25
25
hospital contracts
26
24
206
221
trauma center
4
2
18
12
trans. by pvt. amb.
2
1
8
1
.............. :, .}t}It. • Mrltq..-.4me}.1-....... )t.t[....11I.... t....ti t.tM .. .I1....... tf• itl. t.f lt.it M1.. 1........... ..
:'t _' :'/' i<i?ii �'iC>i:;ii:;:,t;:j •!}}:::};:;:;:};:;:i;:;: jj;::ii}iiii:•Y�;i:_cif � iiii �':4: � •i'•' �:Y::.�:.t ':}{}::._{:;:;i::f � {'•' iF:� jiij' is is:i� iii:•: ii:4:l
til.n
t.
.../.............t.tl....1.. tt. t..111...... itl itif.. tlt.t
it
THIS MONTH
THIS MONTH LAST
YEAR
YEAR TO DATE
LAST YEAR TO
DATE
INSPECTIONS AND
PREVENTION
ORIGINAL INSPECTION
COMMERCIAL
39
15
526
156
ASSEMBLY
0
0
2
1
INSTITUTIONS
0
0
3
0
INDUSTRIAL
0
0
1
1
APARTMENTS
53
1
327
163
RE -INSPECTION
COMMERCIAL
38
9
202
131
ASSEMBLY
0
0
0
2
INSTITUTIONS
1
0
1
2
INDUSTRIAL
0
0
1
0
APARTMENTS 22 1 149 124
1
HERMOSA BEACH FIRE DEPARTMENT
MONTHLY ACTIVITY REPORT FOR FISCAL YEAR 1997
AUGUST 1997
INVOICE BILLINGS
FOR AMBULANCE
SERVICE
THIS MONTH
FISCAL YEAR
TO DATE
AMOUNT
BILLED THIS
MONTH
AMOUNT
BILLED
F/Y TO DATE
INVOICE BILLINGS
RESIDENTS
26
43
$6,081.50
$10,051.00
NON-RESIDENTS
29
47
$13,582.80
$21,987.00
TOTAL
55
90
$19,664.30
$32,038.00
jc/revmonthhpt
Noted:
STEVE BURRELL, CITY MANAGER
2
Respectfully Submitted:
PETE BONANO, FIRE CHIEF
HERMOSA BEACH POLICE DEPARTMENT
Monthy Activity Report for Calendar Year 1997
AUGUST, 1997
THIS
THIS MONTH
YEAR
LAST YEAR
MONTH
ONE YEAR AGO
TO DATE
TO DATE
OFFENSES REPORTED
MURDER
0
0
0
0
RAPE
1
0
4
2
ROBBERY
1
2
16
12
ASSAULT
7
6
76
62
Burglaries(Vehicle)
6
8
41
42
Burglaries(Residential)
6
16
48
105
Burglaries(Commercial)
0
2
28
19
BURGLARY(Total)
12
26
117
166
LARCENY
58
56
364
278
MOTOR VEHICLE THEFT
14
8
75
80
DUI
16
18
188
92
ALL OTHER OFFENSES
459
289
2,611
1,665
PERSONS ARRESTED
ADULTS
77
50
588
386
JUVENILES
1
2
17
26
CRIMINAL CITATIONS
55
97
551
497
BICYCLE/SKATEBOARD CITES
0
1
4
5
TRAFFIC REPORT
ACCIDENTS
Fatal
0
0
1
1
Injury
18
13
61
52 '
Property Damage Only
22
25
164
139
CITATIONS
Traffic
220
299
2,094
1,642
Parking
4
1
7
21
DISTURBANCE CALLS
500
416
2,755
1,986.
POLICE CALLS FOR SERVICE
2,231
2,283
17,718
12,618
,
PARKING ENFORCEMENT
MONTHLY ACTIVITY REPORT FOR THE CALENDAR YEAR 1996
AUGUST, 1997
THIS MONTH
YEAR TO
LAST YEAR
THIS MONTH
ONE YEAR AGO
DATE
TO DATE
PARKING CITATIONS ISSUED
5700
6887
39027
38756
VEHICLE IMPOUNDS
32
38
303
126
VEHICLE BOOTS
1
3
36
10
AIC CITATIONS
9
12
97
90
TOTAL ANIMAL PICK UPS
28
33
240
278
OF THESE
#RETURNED TO-OWNER
6
8
56
51
#TAKEN TO SHELTER
16
7
94
95
#INJURED, TAKEN TO VET
0
2
6
5
#DECEASED
10
16
158
127
#RETURNED TO WILD
6
0
22
0
PARKING CALLS FOR SERVICE
184
129
1292
982
ANIMAL CALLS FOR SERVICE
78
96
555
530
Noted:
Respectful y Submitted�
f6r.,�
k 4YA-a4
Stev Burell
Val Straser
City anager
Chief of Police
.