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HomeMy WebLinkAbout09/23/97). '' 97—/J7_5 G+1/6cDA-K- "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 <:' "•1T iumb *1- ..'it/471;T 'af:? ` :►'. :1.:::::AN;/ ;: : ?' s #:;R3::\•:. 2: UP;1:-144 J:+74: 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: --3127;47,4z- kis ,_e c,,, • /4? NJA -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 6V7 -d,-t--4-- '?.. �73 - 7 •&z' r /'11> C7q 7/"(/)-. r(j/C Z )2/ 410 ) s - 6/k) f� 2� 73 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 ] , • / ,,\. / 0 , \- V\ / 6-,, y vg,,, ) , ,,\3\ N \ q r 1/4 - \ \ 1 c \ P i k 1 \ % \ l'.. i r. / 1 $) A1 Q ci,, A -,,, f,„,\\, 7 , ,,,,/ ,,,, I \i / r,\ N1,\;ft / c I\ ik 'A 'il ) 1,) /\,.r \, %,\ ' 0\ < ' [ c, N. \"' roT�‘cj\k CG)r %\-1\)i � a �4I //i 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. d U irg7 n) CIY. /02 Council Minute 09-23-97 Page 9533 YL7 Action: To • Z•9 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 7 Bidder's Name f}IJG � R I � UCIL 1) pq,)+011r fR) Fon) 00 Se -put -J P�}, MA•040-TThN BE -OCH, gorb Page t of Amount of Bid 19 ite8 8-x,1-• S OT4 TA f D RU 4) 5) 6) t3900 filAunN Rittl3pID. 1AarHOJE, c a, .) r7 (P4, z%,95). at. ' i 1 ;Li' '14 1 2 'g97 CLEM< CI' Y Gr HE UGS1 GEACH 1 -1 ; 1 G? ' 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 Planting 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. NAME ADDRESS I ,ce7vr 52/ Lo /0/1 / Alccitio C %O'S'( .1-22- 51(0 LcfrYNo- ►R °? _0--sa l 3. CA55 vkorL 4. BUJ CJRN + S'TEIC OoNOUE CO- C)At_LstarSZP 6. ) Pavg_t— Npov 8. ter, ,4-±1\ A'\ l,� 9. �viAct'"r i()Cc—,. 6 !_01f DR RD. go s4 53b Low, - .. 96 .045 Pc . C,4 3O2 i 5-31 0 9—it tt: R hoary b i/i a R Zt i.. l` -c t SC'/, -,1 s R,13. 10. 05heen 11. �v .J H,k >� t,� /11,914 'V 9 4 12. --6• ,4Stan 536 S- jt, j . ail e- j.8 0g77 13. VSAM FMS I -GS 14. Nr 0,-- 7`"-/-7 WinA- br -}-k - 514 14M0k.E. C102 15. 16. nvlik±7cl 17. I 1.051( 3732_04pwa 18. 19. 20. EP SUPPLEMENTAL C� INFORMATION u 4. Dear Mayor and Council Members: 13 Rt »n/ M )Tct/ E LL 3az/2'a 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. ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 (� cC C .L Qi a fe ( P r1/ jj 2 'Q-0 s'r .eLe 4<1.1-1' and Sfrr'eI fJt'rrrws6%. Rea ch, (,4 z 5 `- vA ;4 4i s-6&Ac=.{ l"c9 2�3 Lk. 11,:y vr,` l✓nptc,SajeccL ti(47 2—� 54. (.44) 2."4 51reQ+ ['te.�''l+�•ra5c� �t 12. 13. 5D� ►7O rM c S fg.e rI '1Z 9 2„,A i5,— ti2- .4 1?c41 CX -1- 9DZS i hj,,1q z''' Sr. e V;'3Z., Si -iii ?cr Opposed to skateboard facility at South Park (cont') NAME ADDRESS 43. Q 44. 45. 46. 47. 48. 0kt'f 1% 1/V6 /404/ rti e i J 1/4 1104sle/ei 7'3 IP* [4'L qi Ad/ el WW liwtect y , CA Th0/)v?' ,)//)') 1. 1 [ yn, 78ivA 3 /V) if/31 n- - iv(o .-.1H tea C /\ 54. 55. 56. 57. 58. 59. 60. 70. 71. 72. 73. 74. 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 bfl eared. tir-tos4 orW/ k LAV ,:ar iT ay-;// &d1/I- 6f iy2/1 C&RtiAd 9. i—CP-ae-- 10. 11. i roti 4/V6 innki (G -tan • M 81, C -Z m) 12. 2, C-2 If 15 13. U/6 cykilmtk Ala 18. 19. -D� /fa/ god (ft Bcl -c702DLI GJa 44'6 1&'d 7l, i',e ?a2c5 VY‘Ht f fa/ 3 .1,41y ft, 20.E u� Opposed to skateboard facility at South Park (cont') NAME - 43.. a4- 44.1 p11: ('i 4 . ,ez-e,e1a17e" ADDRESS SY/l4 .2 46. lz� U� /� j--1(3 9ozsf ,771yv S ztT 47. . `�.la-{� R GIS 5 G r.% '" 48 L � 91401 'L 50. 5 43Znd. 4-2/ --j 5 Ue €6 . 40,,,,,„__ 13-4, did 25 y 2iAtti. &./1/714g 2,1.. iliaL6 44k ,4-/M7 J P7 ;;4-,3-3 v2l lb4 '2- •c)cti Lc , 91), Z6 ( Gbillre-D.r2 -(47704 V Ml/Ene-25- 7 Il, 1 Y .DR. /1&c"io-sem ,Qcyr yo2s02 44 vot5,� 5-2/6-LbdijrcevitiLy flitA ,SSI ei�te 59. 60. 70. - 71. 72. 73. 74. 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. NAME ADDRESS 2. ��t't1... 3. 4� A / D,Q vi `4, 0004„... Pa-al sm j y� q V � b r,veil-L& -i-(s0 f 2-73 Va //n I r1.B �n 49-t n s 5. — < Z-73 VQ Ile/ Or, )4 6 6. j`i L000 ti l hx`6-4– \-\ 8. N -.163-r.`sm, ct\e'r\z,c-6 7 9. s 10. 11. 12. 13. 14. 15. 16. - 17. 18. 19. 20. ti 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. NAME 2. eefil c )k) i rE r'- L`7( :`•;'tom% 3 3. ADDRESS Gly) 4 7-63Jvp 4. 5. 6. 7. 1` u - lc i ; 33 OA ,LJJE cr G Jy 8. r`> 9.f, ./il n 10, r C t c �-...„ - \ C-\vK. f � - //(vv P67, -/-J � 11. `1_x'55 -71 ._1\,\ 12. 13. 14. 15. 16. 17. 18. 19. 20. 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 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, 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 970918 10649-00001 rdh/gp 1673018 1 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 - 12 - 970918 10649-00001 rdh/gp 1673018 1 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 - 13 - 970918 10649-00001 rdh/gp 1673018 1 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 - 14 - 970918 10649-00001 rdh/gp 1673018 1 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- - 15 - 970918 10649-00001 rdh/gp 1673018 1 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 - 16 - 970918 10649-00001 rdh/gp 1673018 1 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, 17 - 970918 10649-00001 rdh/gp 1673018 1 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 - 18 - 970918 10649-00001 rdh/gp 1673018 1 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, - 19 - 970918 10649-00001 rdh/gp 1673018 1 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- - 20 - 970918 10649-00001 rdh/gp 1673018 1 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 - 21 - 970918 10649-00001 rdh/gp 1673018 1 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 - 22 - 970918 10649-00001 rdh/gp 1673018 1 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 - 23 - 970918 10649-00001 rdh/gp 1673018 1 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, - 25 - 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. - 26 - 970918 10649-00001 rdh/gp 1673018 1 Mayor ATTEST: City Clerk - 27 - 970918 10649-00001 rdh/gp 1673018 1 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 970918 10649-00001 rdh/gp 1673018 1 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 - 2-- 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, - 3 - 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, - 4 - 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. - 5 - 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. - 6 - 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: - 8 - 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 (%) - 9 - 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 - 10 - 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. - 11 - 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 sout 1 of fie I:) y Ciie C ou cii Governmen€s goggo 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 .