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12/08/98
NYX noes /1* !� ,'Sp <,‚.•..„.......-�±•.. "May You have the greatest two gifts of .all on these holidays: someone to love and someone who loves you.” — Johninor AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, December 8, 1998 - Council Chambers, City Hall Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR CITY CLERK Robert Benz Elaine Doerfling MAYOR PRO TEM CITY TREASURER Julie Oakes John M. Workman COUNCIL MEMBERS CITY MANAGER John Bowler Stephen R. Burrell Sam Y. Edgerton CITY ATTORNEY J. R. Reviczky 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 MAYOR'S COMMENTS / ANNOUNCEMENTS CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 10.1998: NO REPORTABLE ACTIONS. 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. 1 8 • • (a) ORAL COMMUNICATIONS Members of the public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Members of the public wishing to request the removal of an item from the Consent Calendar may do so at this time. Please limit comments to one minute. Citizens also may speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; 3) with the Mayor's consent, during discussion of items appearing under Municipal Matters; and, 4) before the close of the meeting during "Citizen Comments". Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. (b) COUNCIL COMMENTS (c) WRITTEN COMMUNICATIONS 1. Letter from Jaquelynn Pope dated December 2, 1998 requesting City Council determination of Public Convenience or Necessity for TJ Charly'z. RECOMMENDATION: Consider request. 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 November 10. 1998. (b) Recommendation to ratify check register. (c) Recommendation to receive and file Tentative Future Agenda Items. 2 • • (d) Recommendation to deny the following claim and refer to the City's Liability Claim Administrator. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 24, 1998. Claimant: Reynolds, Bobby Date of Loss: 5/24/98 Date Filed: 11/16/98 (e) Recommendation to appropriate donations of $250.00 from The Woman's Club of Hermosa Beach and $350.00 from The Hermosa Beach Rotary Club. Memorandum from Finance Director Viki Copeland dated November 30, 1998. (f) Recommendation to accept the work by Taylor Tennis Courts, Anaheim on CIP Project No. 98-527, Basketball & Tennis Court Resurfacing, and authorize final payment to the contractor and appropriate $837.00 from the Park & Recreation Tax Fund (125) to CIP Project No. 98-527, Basketball & Tennis Court Resurfacing. Memorandum from Memorandum from Public Works Director Harold Williams dated November 30, 1998. (g) Recommendation to approve amendment of Section 457 Deferred Compensation Plans by adopting the amended and restated plan document with Hartford; adopting .resoh tion amending the ICMA plan; adopting amendment #1 to Pebscoplan'document; and, approving and executing the Establishment of Custodial Account and Life Insurance Transfer Authorization with Pebsco. Memorandum from Finance Director Vild Copeland dated December 1, 1998. (h) Recommendation to adopt resolution approving Final Map #24920 for a 2 - unit condominium at 844-846 15th Street. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998. Recommendation to approve $16,650 to Gillis & Associates for additional design work on the Council Chambers for the City Hall Renovation (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated December 3, 1998. Recommendation torn -dont resolution mending the Joint Exercise of Powers Agreement with the Independent Cities Risk Management Authority fICRMA), adding the City of Chino to the ICRMA pool, and re -designating the Governing Board Representative, Alternate Governing Board Representative and the Substitute Alternate Representative. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 3, 1998 . (k) Recommendation to receive and file action minutes from the Planning Commission meeting of December 3, 1998. • (I) Recommendation to approve payment of $9,950.00 to AAE Consultants for Contract Administration/Inspection services rendered in association with the Greenbelt Improvement Project. Memorandum from Public Works Director Harold Williams dated December 2, 1998. Recommendation to adopt resolution memorializing findings re2ardinE the risk of hazard associated with the Macpherson Oil Project. Memorandum from City Manager Stephen Burrell dated December 3, 1998. (m) 2. CONSENT ORDINANCES a. {ORDINANCE NO. 98-11871."AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998. b. ,ORD NINA GE -NO. -98-1188 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED." For Adoption. Memorandum from City Clerk Elaine Doerfling dated December 2, 1998 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. * Public comments` on items removed from the Consent Calendar. 4 PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. 4.. APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE. WITH CONDITIONS, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO -UNIT CONDOMINIUM AT 228-230 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1998. RECOMMENDATION: Planning Commission Recommendation to sustain the decision of the Planning Commission by adopting`resolution.--- 5. ADOPTION OF THE 1997 UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated December 3, 1998. RECOMMENDATION: Postpone the hearing to a date to be determined. MUNICIPAL MATTERS NONE 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 8. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Councilmember Edgerton that Staff/Councilmembers be directed to attend Coastal Commission meeting in January and communicate the City's position on the "loop" pattern and proposed LAX expansion. • • 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. MINUTES: Approval of minutes of Closed Session meeting held on November 10, 1998. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT 6 12/02/1998 14:37 3103790 MARK WARSHAW WARSHAW & POPE Attorneys at Law December 2, 1998 JAQUELYNN POPE STEPHEN BURRF1 T. HERMOSA BEACH CITY MANAGER City Hall 1315 Valley Dr. Hermosa Beach, CA 90254 Via Facsimile (310) 376-9380 Re: Request to Place Item on Agenda for December 8, 1998 City Council Meeting: Determination of Convenience or Necessity for TJ Charly'z Dear Mr. Burrell: We are writing on behalf of our clients Steve and Sharon Dandah, owners and operators of TI Charly'z, which is located at 1332 Hermosa Avenue in Hermosa Beach, and was formerly run by the Dandah's as the Strawberry Patch restaurant. The family corporation, Dandah Trading Corporation, has applied to the ABC for a type 47 On -Sale General Eating Place liquor license that would allow them to operate a full bar at TI Charly'z, rather than the beer and wine license that they have had for many years at the Strawberry Patch. TJ Charly'z has been operating with an interim type 47 license since March, 1997, and there have been no problems with the full bar. As you know, Hermosa Beach is part of a census tract that has been found to have an undue concentration of liquor licenses under Business and Professions Code section 23958.4. For this reason, the license is dependent upon a determination that issuance of the license would serve the public convenience or necessity. Under Business and Professions Code section 23958.4, the City Council can make this determination. 934 Hermosa Avenue, Suite 14 Hermosa Beach, CA 90254 Telephone (310) 379-3410 Fax (310) 379-2895 12/02/1998 14:37 3103790 December 2, 1998 Page Two PAGE 03 Since the Dandah's obtained the interim type 47 license, and changed the Strawberry Patch, which served Middle Eastern food, to TJ Charly'; which serves Baja -type Mexican food; they have experienced, a definite increase in business, which has essentially doubled. It is clear that the type 47 license would serve the public convenience or necessity. For this reason the Dandah Trading Corporation requests that an item be placed on the agenda for the City Council meeting set for December 8, 1998, requesting that the City Council make a determination that a type 47 liquor license issued to the Dandah Trading Corporation for the premises at 1332 Hermosa Ave., #1, commonly known as TJ Charly'z, would serve the public convenience or necessity. Please do not hesitate to call me if you have any questions regarding this matter. Thank you very much for your help. JCP/abs • • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 10, 1998, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Dick McCurdy, H.B. Sister City Assn. ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes Absent: Mayor Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Pro Tempore Oakes announced the free countywide Household Hazardous Waste Roundup on Saturday, December 5, 1998, from 9:00 A.M. to 3:00 P.M., by the Clark Building, on Valley Drive between Eighth Street and Eleventh Street. For more information, call 1 -888 -Clean LA (1-888-253-2652). PRESENTATIONS: PRESENTATION OF PROCLAMATIONS BY NICK LOUIZOS, REPRESENTATIVE FROM ASSEMBLYWOMAN DEBRA BOWEN'S OFFICE, TO HERMOSA BEACH CHAMBER OF COMMERCE 1998 MAN OF THE YEAR, PAUL AMARILLAS, AND 1998 WOMAN OF THE YEAR, CATHY McCURDY Nick Louizos presented certificates of recognition and congratulations from Assemblywoman Debra Bowen to the Hermosa Beach Chamber of Commerce 1998 Man of the Year, Paul Amarillas, and 1998 Woman of the Year, Cathy McCurdy. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Donley Falkenstien - spoke of a letter he had sent questioning the legality of the Utility User Tax expansion to include cell phones and long distance calls; asked the City Attorney to respond (City Attorney Michael Jenkins replied that he was looking at the issue and would report back to the Council with an opinion); Shirley Cassell - Hermosa Beach, said she and her neighbors were very happy with the 7:00 A.M. to 9:00 A.M. ban on turns from Herondo onto Monterey; said parking signage changes on her street from a year ago had not yet been done; noted that Councilmember Edgerton did not have his laptop computer; and Dick McCurdy - 1004 Ninth Street, said a group of about 15 people had just returned from a visit to Hermosa's sister city, Loreto, Mexico; said the final Hermosa Beach Sister City meeting of the year would take place at the Community City Council Minutes 11-10-98 Page 9845 la • • Center, Room 12, Monday, November 16, 1998, at 7:00 P.M.; and asked if those planning to attend would call him at 374-4072. (b) COUNCIL COMMENTS: Councilmember Edgerton said the City had requested environmental documents from the FAA pertaining to the LAX flight loop, which the FAA claims was put into use in 1978. He said the FAA was unable to provide any environmental documents, noting that an environmental impact statement would have been required as of 1970. He requested concurrence from the City Council for the City Attorney to proceed with additional research to determine whether or not the required environmental review had been done. City Attorney Jenkins said all that was needed from the Council was direction to staff to look further into the matter, if there was Council concurrence to do so. Action: By Council concurrence, staff was directed to look further into the matter as requested. (Benz absent) Councilmember Edgerton asked the status of parking meters in residential zones; objected to signage that indicates 24-hour parking enforcement if meters are not enforced 24 hours per day. City Manager Burrell noted that although changes to the parking program were approved last year by the City, they were not approved by the Coastal Commission until a few months ago; said staff would come up with a temporary solution until the changes are fully implemented. Councilmember Reviczky said a review of the Monterey traffic turns would come back before Council at its December 8 meeting. (c) WRITTEN COMMUNICATION: 1. Letter from the Hermosa Beach Chamber of Commerce dated October 19, 1998 requesting approval for the Annual Tree Lighting Ceremony on December 10, 1998. Coming forward to address the Council on this item was: Carol Duff - Hermosa Beach Chamber of Commerce, said in addition to having Santa Claus, the Chamber planned to bring in real snow, to be located close to the tree on lower Pier Avenue Plaza; said the ceremony would take place from 6:00 P.M. to 8:00 P.M. Action: To approve the request for the Annual Tree Lighting Ceremony on December 10, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. City Council Minutes 11-10-98 Page 9846 • • 2. Letter from the Hermosa Beach Little League Fundraising Committee dated November 4, 1998, requesting consideration of a contribution to the Hermosa Beach Little League. Coming forward to address the Council on this item was: Alan Dettelbach - 1244 Ninth Street, spoke to the request for a contribution from the City to help fund various programs and improvements; said a major goal was to fund clinics for coaches and players; also spoke to the need to upgrade the facilities at Clark Stadium; listed a variety of requested items totaling more than $20,000; and Clint Lau - 1239 17th Street, agreed with the need for special training. Action: To approve an expenditure from the Parks and Recreation Facility Tax Fund of an amount up to $5,000 for specific infrastructure -related improvements or repairs to Clark field, as determined by staff working with the Little League Board. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Edgerton for Shirley Cassell and (k) Mayor Pro Tempore Oakes. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:50 P.M. the order of the agenda was suspended to go to the hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on October 27, 1998; and, 2) Minutes of the Regular Meeting held on October 27, 1998. Action: To approve the minutes of the Adjourned Regular Meeting of October 27, 1998, and the Regular Meeting of October 27, 1998, as presented. (Mayor Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15256 THROUGH 15454 INCLUSIVE, NOTING VOID CHECK NO. 15408, AND City Council Minutes 11-10-98 Page 9847 • • TO APPROVE CANCELLATION OF CHECK NOS. 15293, 15329 AND 15355 AS RECOMMENDED BY THE CITY TREASURER Action: To ratify the check register as presented. (Mayor Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Benz absent) (d) RECOMMENDATION TO APPROVE PURCHASE OF TWO COMPRESSED NATURAL GAS (CNG) VEHICLES FOR POLICE AND PUBLIC WORKS. Memorandum from Police Chief Val Straser and Finance Director Viki Copeland dated September 30, 1998. Action: To approve the staff recommendation to: 1) appropriate $17,272 from the Air Quality Improvement Fund, $4,318 in AQMD matching funds and $30,494 from the Equipment Replacement Fund; 2) approve the scheduled replacement of the following vehicles with Compressed Natural Gas (CNG) vehicles: one (1) Ford F250 regular cab pick-up truck at $21,487.23 for the Public Works Department and one (1) Ford E350 cargo van for the Police Department at $30,596.86; and, 3) approve the purchase of the two vehicles through public contracts with the Wondries Fleet Group of Alhambra, California. (Mayor Benz absent) (e) RECOMMENDATION TO DENY THE' FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 4, 1998. This item was removed from the consent calendar by Councilmember Edgerton, 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, asked if the recent court decision on the initiative ordinance to ban oil drilling (Prop. E) had any effect on item 1 below. (City Attorney Jenkins responded that the judge had said the City may be relieved of its contract obligations if the project was unreasonably hazardous to the community.) Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1) Claimant: Winward Associates, c/o Macpherson Oil Company City Council Minutes 11-10-98 Page 9848 Date of Loss: 09/17/98 Date Filed: 10/19/98 Allegation: Claimant alleges employees and agents of the City may have caused the City to breach its obligation. 2) Claimant: Berry, Sean Date of Loss: 08/11/98 & 08/18/98 Date Filed: 10/29/98 Allegation: Claimant alleges pain and suffering caused by City issuance of parking tickets to him. 3) Claimant: Nunez, Jose Date of Loss: 09/25/98 Date Filed: 10/01/98 Allegation: Claimant alleges illegal seizure by the City of his property. Motion Mayor Pro Tempore Oakes, second Edgerton. The motion carried, noting the abstention of Councilmember Reviczky and the absence of Mayor Benz. (f) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 31, 1998, FOR THE 8TH ANNUAL SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND APPROVE EVENT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated November 4, 1998. Action: To approve the staff recommendation to: 1) approve the request from the Redondo Beach Chamber of Commerce and Conte' Productions to use Hermosa Avenue at 8th Street for approximately 30 minutes on Sunday, January 31, 1999, for the Elite Mile Race; 2) waive special event and film permit fees; and, 3) approve the event subject to the conditions listed below: • Certificate of Insurance in the amount of $2 million naming the City as additional insured; • event organizers to pay for an off-duty Police Officer (2 hour minimum) for the event; • area residents to be notified in writing by event organizers prior to the event, with notification letter approved by Community Resources staff; • event organizers to provide City staff with a two-way radio; • all event vehicles will be identified with a placard; • starting gun shall be examined and operator briefed prior to the Race start by a Hermosa Beach Police Officer; • the City shall approve commercial sponsor City Council Minutes 11-10-98 Page 9849 • • banners; and • the City of Hermosa Beach shall be identified in any and all television credits. (Mayor Benz absent) (g) RECOMMENDATION TO APPROVE REQUEST FROM CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE PARKING TO ALL COMMERCIAL (SILVER POST) PARKING METERS FROM NOVEMBER 23RD THROUGH DECEMBER 28TH. Memorandum from City Manager Stephen Burrell dated November 2, 1998. Action: To approve the request from the Chamber of Commerce and authorize the placement of cards by City staff in all commercial (silver post) parking meters indicating two hours free parking from November 23, 1998, through December 28, 1998, as recommended by staff. (Mayor Benz absent) (h) RECOMMENDATION TO AWARD CONTRACT FOR SERVICES OF THE PLANNING CENTER IN THE AMOUNT OF $33,050 FOR PREPARATION OF THE LOCAL COASTAL PROGRAM; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ACCEPT THE PROJECT AS COMPLETED ON BEHALF OF THE CITY COUNCIL UPON COMPLETION OF WORK; AMEND THE COASTAL BUDGET TO REFLECT THE APPROVED GRANT AMOUNT OF $35,405; AND, AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Community Development Director Sol Blumenfeld dated November 3, 1998. Oral communication from City Manager Stephen Burrell noting that the format of the contract would be changed, but there would be no change to the actual content of the contract. Action: To approve the staff recommendation to: 1) award contract for services of the Planning Center in the amount of $33,050 for preparation of the Local Coastal Program, noting that funding is supplied through a grant from the Coastal Commission in the amount of $35,405; 2) authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; 3) authorize the Director of Community Development to accept the project as completed on behalf of the City Council upon completion of work; 4) amend the coastal budget to reflect the approved grant from the Coastal Commission in the amount of $35,405; and, 5) authorize the Director of Community Development to make minor changes as necessary within the budget. (Mayor Benz absent) City Council Minutes 11-10-98 Page 9850 (i) RECOMMENDATION TO APPROVE PROPOSAL FOR PROFESSIONAL SERVICES FOR PLAN CHECK AND BUILDING INSPECTION FOR HAYER CONSULTANTS AND AUTHORIZE CITY MANAGER TO ENTER INTO CONSULTANT AGREEMENT. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. Action: To approve the staff recommendation to approve proposal for professional services for plan check and building inspection for Hayer Consultants and authorize City Manager to enter into consultant agreement. (Mayor Benz absent) (j) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING PLANNING COMMISSION RESOLUTION NO. 98-57, SUBJECT TO SPECIAL CONDITIONS, FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. Action: To approve the staff recommendation to adopt Resolution No. 98-5939, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOT 27-30, TRACT NO. 1654." (Mayor Benz absent) (k) RECOMMENDATION TO ADOPT RESOLUTION GRANTING RELIEF FROM SECTION 5 OF MORATORIUM ORDINANCE NO. 96-1168U TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998. This item was removed from the consent calendar by Mayor Pro Tempore Oakes for separate discussion later in the meeting. Community Development Director Blumenfeld and City Attorney Jenkins responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 98-5940, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING RELIEF FROM MORATORIUM ORDINANCE 96-1168-U, TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE.", as amended in Section 4, Condition Number 4, to delete the sentence's second word—"future," and to add "...in the scope of the seismic retrofit which may be approved by the City Council..." Motion Edgerton, second Reviczky. The motion carried, noting the abstention of Bowler and the absence of Mayor Benz. City Council Minutes 11-10-98 Page 9851 • • 2. CONSENT ORDINANCES (a) ORDINANCE NO. 98-1186 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 17.53 TO THE HERMOSA BEACH MUNICIPAL CODE RELATING TO HISTORIC RESOURCES PRESERVATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 4, 1998. Action: To waive full reading and adopt Ordinance No. 98-1186. Motion Reviczky, second Bowler. AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSENT: Mayor Benz At the hour of 8:52 P.M. the meeting recessed. At the hour of 9:21 P.M. the meeting reconvened to continue the agenda at item 5. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the' appropriate item. At the hour of 8:51 P.M. the order of the agenda returned to item 2. HEARING 4. REVIEW OF FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated November 5, 1998. City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions. The hearing opened at 7:55 P.M. Coming forward to address the Council on this item were: Carol Duff - Hermosa Beach Chamber of Commerce, spoke to moving the Fiesta to Valley Drive as a test during the downtown construction; Karen Bruns - 531 Pier Avenue, Space 46, spoke in opposition to a bridge and to moving the fiesta to Valley Drive; urged that it be kept in a commercial zone; complained of noise from High School Marching Band when a parade is held; City Council Minutes 11-10-98 Page 9852 Shirley Cassell - spoke in opposition to the Fiesta in general and to this location in particular; questioned who would pay the cost of repairing damages caused by the Fiesta crowds to the new landscaping on the Greenbelt; Steve Roberts - 92 17th Street and "Cafe Boogaloo" owner, said the Fiesta was a great event but should be changed to two other weekends during the year, not the holiday weekends; Donley Falkenstien - said that residents in the downtown area also objected to the Fiesta; complained about the impact on parking; and, Gary Bichelmeyer - Chamber of Commerce; spoke of the history of the Fiestas and explained that this was the major source of funding for the Chamber rather than receiving a City subsidy as most Chambers of Commerce do. The hearing closed at 8:18 P.M. Action: To continue this item to the regular meeting of November 24, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. At the hour of 8:38 P.M., the order of the agenda moved to item 3 to hear item 1(e). MUNICIPAL MATTERS 5. REMOVAL OF TRAFFIC BARRIER ON 3RD STREET AT BEACH DRIVE AND CONSIDERATION OF INSTALLATION OF MULTI -WAY STOP AT 4TH STREET AND HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998. Supplemental letters in opposition from Leonor Salido, 18 Fourth Street, and from Michael Gerard Fletcher, 414 Strand, containing a petition in opposition. Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. Public Works Director Williams, City Manager Burrell and Police Chief Val Straser also responded to Council questions. Public participation opened at 9:44 P.M. Coming forward to address the Council on this item were: Gary Donan - 324 Strand, said there was a problem when the barrier was closed and asked that the barrier be left alone; Dennis Kaufman - 19 Fourth Court, asked if it was a ticketed offense for a resident to lower the barrier, noting that a city employee had told him that it was; supported adding a stop sign at Fourth Street and Hermosa Avenue; City Council Minutes 11-10-98 Page 9853 • • Ray Ribar - 318 Stand, spoke in favor of removing the barrier at Third Street and Beach Drive; said the barrier was usually down; Ralph Harboe - 25 Third Street, spoke in favor of keeping the barrier at Third Street as it slowed traffic on Beach Drive, even when open; opposed stop signs at Third Street and Beach Drive in place of the barrier; supported a stop sign at Fourth Street and Hermosa Avenue; Jack Jenkins - 338 Strand, asked that the residents be allowed to raise or lower the barrier as needed; said that a stop sign was needed at Fourth Street and Hermosa Avenue; Unidentified man with baby - asked that the barrier be left in place; Mike Fletcher - 414 Strand, referred to his supplemental letter and attached petition objecting to the removal of the Third Street/ Beach Drive barrier; submitted petitions signed by additional residents opposed to the removal of the barrier; Name Indistinct - spoke in support of keeping the barrier open; and Name Indistinct - 318 Strand, spoke in support of removing the barrier. Public participation closed at 10:08 P.M. Action: To give direction to staff to: 1) leave the barriers as they are now; and 2) remove the southbound "no left turn" and signs from the intersection of Hermosa Second Street. Motion Reviczky, second Mayor Pro Tempore 0 motion carried by a unanimous vote, noting the Mayor Benz 6. INSTALLATION OF GREEN CURB LOADING ZONE AT 910 HERMOSA • AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998. "no U-turn" Avenue and akes. The absence of Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 10:25 P.M. Coming forward to address the Council on this item was: Name Indistinct - Oceanview Cleaners, requested two green curb spots for short-term customers. Public participation closed at 10:29 P.M. Action: To approve the change from a two-hour meter to a fifteen -minute green curb with no meter at one existing parking space on the east side of Hermosa Avenue in the City Council Minutes 11-10-98 Page 9854 • • vicinity of Ninth Street near the Oceanview Cleaners (910 Hermosa Avenue) at a location determined by staff, and to direct staff to devise a means to keep taxis from using the green zones as temporary waiting areas, possibly by stenciling "NO TAXI WAITING" on the curbs. Motion Bowler, second Edgerton. The motion carried, noting the absence of Mayor Benz. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. WATER RATE INCREASE - CALIFORNIA WATER SERVICE COMPANY. Memorandum from City Manager Stephen Burrell dated November 4, 1998. City Manager Burrell presented the staff report and responded to Council questions, noting a California Water Service Company meeting December 2, 1998 in the Council Chambers. Action: To adopt a City Council position in opposition to the California Water Service Company's proposed rate increase of more than ten percent and direct the City Manager to send a letter stating Council's opposition. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request by Mayor Benz that the City Council rescind the appointment of Chris Ketz to the Planning Commission and reconsider an appointment to fill the Planning Commission vacancy. Supplemental letter from Mayor Benz in support of his request received November 10, 1998. Action: To receive and file the request. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz. CITIZEN COMMENTS No one came forward to address the Council at this time. City Attorney Jenkins announced that the additional item of the Stop Oil litigation needed to be added to the closed session agenda. Action: To add the Stop Oil litigation to the closed session agenda as requested based on the finding that the matter arose after the posting of the agenda. City Council Minutes 11-10-98 Page 9855 • • Motion Bowler, second Edgerton. The motion carried, noting the abstention of Reviczky and the absence of Mayor Benz. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Name of Case: Names of Claimants: Claim Number: Boyd v. City of Hermosa Beach Kit & Valerie Boyd 98-0013 The following existing litigation item was added by motion above: b. Name of Case: Case Number: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach BC172546 ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tueday, November 10, 1998, at the hour of 10:38 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:10 P.M. At the hour of 12:10 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 Wednesday, November 11, 1998, at the hour of 12:11 A.M. to the Regular Meeting of Tuesday, November 24, 1998, at the hour of 7:10 P.M. Ce� /12; -4 -"-- City ClArk City Council Minutes 11-10-98 Page 9856 • • 7) 9..)) VOUCHRE2 CITY OF HERMOSA BEACH 11/19/98 07:49 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 15581 11/19/98 000243 HERMOSA BEACH PAYROLL A PAYROLL/11-1 TO 11-15-98 001-1103 317,675.91 PAYROLL/11-1 TO 11-15-98 105-1103 6,950.22 PAYROLL/11-1 TO 11-15-98 109-1103 901.85 PAYROLL/11-1 TO 11-15-98 110-1103 26,385.41 PAYROLL/11-1 TO 11-15-98 117-1103 620.93 PAYROLL/11-1 TO 11-15-98 126-1103 609.75 PAYROLL/11-1 TO 11-15-98 140-1103 92.06 PAYROLL/11-1 TO 11-15-98 145-1103 1,435.43 PAYROLL/11-1 TO 11-15-98 152-1103 93.73 PAYROLL/11-1 TO 11-15-98 160-1103 8,205.53 PAYROLL/11-1 TO 11-15-98 705-1103 2,360.46 PAYROLL/11-1 TO 11-15-98 715-1103 3,004.24 368,335.52 TOTAL CHECKS 368,335.52 16 • • VOUCHRE2 CITY OF HERMOSA BEACH 11/19/98 07:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 317,675.91 105 LIGHTG/LANDSCAPG DIST FUND 6,950.22 109 DOWNTOWN ENHANCEMENT FUND 901.85 110 PARKING FUND 26,385.41 117 AB939 FUND 620.93 126 4% UTILITY USERS TAX FUND 609.75 140 COMMUNITY DEV BLOCK GRANT 92.06 145 PROPOSITION 'A FUND 1,435.43 152 AIR QUALITY MGMT DIST FUND 93.73 160 SEWER FUND 8,205.53 705 INSURANCE FUND 2,360.46 715 EQUIPMENT REPLACEMENT FUND 3,004.24 TOTAL 368,335.52 1 PAGE 2 N VOUCHRE2 11/19/98 17:30 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME 15582 11/19/98 006290 AIR SOURCE INDUSTRIES 15583 11/19/98 009114 NANCY ANDERSON 15584 11/19/98 003953 APWA 15585 11/19/98 008919 ASAP/GO AS A GROUP 15586 11/19/98 005179 AT&T 15587 11/19/98 003914 AUTO PARTS CLUB CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION OXYGEN TANKS/NOV 98 CLASS REFUND/FALL 98 PAVEMENT MANAGEMENT SEMINAR TICKETS/EXCURSIONS DEC 18,98 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 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/SEPT 98 BILLING/OCT 98 BILLING/SEPT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/OCT 98 BILLING/SEP 98 BILLING/SEPT 98 FREON PURCHASE/SEPT 98 WINCH PURCHASE DISCOUNT OFFERED DISCOUNT TAKEN 15588 11/19/98 009085 BLACKMORE MASTER DISTRI PRISONER MEALS/NOV 98 15589 11/19/98 009104 TRACY BLENDER INSTRUCTOR PAYMENT/FALL 98 15590 11/19/98 000155 BROWNING FERRIS INDUSTR TRASH REMOVAL SERVICE/NOV 98 15591 11/19/98 009113 WAYNO C RENTAL DEPOSIT REFUND 15592 11/19/98 000838 CALIFORNIA FENCE & SUPP FENCE REPAIR/CITY YARD 15593 11/19/98 000262 CALIFORNIA MARKING DEVI NAME PLATE/KETZ 3 LINE STAMP PURCHASE 15594 11/19/98 000325 COAST GLASS COMPANY SAFETY GLASS/COMM CENTER 15595 11/19/98 009110 CONCEPT MARINE PIER RETROFIT PROJECT CONTRACT PIER RETROFIT PROJECT CONTRACT PIER RETROFIT PROJECT CONTRACT PIER RETROFIT PROJECT CONTRACT PIER RETROFIT PROJECT CONTRACT 15596 11/19/98 004689 DATA TICKET, INC. DMV RECORD RETRIEVAL/OCT 98 3 ACCOUNT NUMBER 001-2201-4309 001-2111 001-4202-4317 001-4601-4201 001-1208-4304 110-1204-4304 001-4202-4304 001-2101-4304 001-4202-4304 001-4201-4304 001-4202-4304 001-2101-4304 001-2101-4304 001-4202-4304 001-4204-4321 001-2201-4304 001-2101-4304 001-2101-4304 001-2101-4304 715-4206-4309 715-4206-4309 001-2021 001-2022 001-2101-4306 001-4601-4221 109-3301-4201 001-2111 001-4204-4309 001-4101-4305 • 001-4201-4305 001-3104-4309 121-8620-4201 121-8620-4201 121-8620-4201 121-8620-4201 121-8620-4201 110-1204-4201 ITEM AMOUNT 167.79 20.00 50.00 118.00 342.06 6.28 6.24 5.76 6.28 6.30 11.52 5.75 10.41 10.41 10.41 6.88 5.76 5.76 6.34 449.00 239.04 6.95 6.95- 36.72 302.40 383.01 100.00 596.00 13.53 29.23 44.66 2,160.00 532.22 590.98 6,120.00 13,889.00 86.52 PAGE 1 CHECK AMOUNT 167.79 20.00 50.00 118.00 446.16 688.04 36.72 302.40 383.01 100.00 596.00 42.76 44.66 23,292.20 86.52 VOUCHRE2 11/19/98 17:30 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • • 15597 11/19/98 004738 DENN ENGINEERS 15598 11/19/98 009112 DMR TEAM 15599 11/19/98 000181 EASY READER CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SET MONUMENTS FOR POWER POLES MONTEREY DESIGN CONTRACT MONTEREY DESIGN CONTRACT LEGAL ADS/SEP-OCT 98 15600 11/19/98 000165 EDDINGS BROTHERS AUTO P AUTO PART PURCHASE/SEPT 98 15601 11/19/98 001400 EFRAM MOBIL 15602 11/19/98 008072 STEFFI GEE GAS CARD CHARGES/OCT 98 GAS CARD CHARGES/OCT 98 GAS CARD CHARGES/OCT 98 GAS CARD CHARGES/OCT 98 GAS CARD CHARGES/OCT 98 GAS CARD CHARGES/OCT 98 CLASS REFUND/FALL 98 15603 11/19/98 003131 HINDERLITER, DE LLAMAS SALES TAX SERV/4TH QTR 98 15604 11/19/98 003432 HOME DEPOT/GECF 15605 11/19/98 007587 HOZIE'S RADIATOR CABINET PURCHASE/SEPT 98 ELECTRICAL SUPPLIES/SEPT 98 RODOUT RADIATOR 15606 11/19/98 001399 ICI DULUX PAINT CENTERS PAINT PURCHASE/SEPT 98 PAINT PURCHASE/SEPT,98 PAINT PURCHASE/SEPT 98 15607 11/19/98 006140 INSTASHRED SECURITY SER SHREDDING SERV/SEPT 98 15608 11/19/98 006293 KINKO'S INC. 15609 11/19/98 000167 LEARNED LUMBER 15610 11/19/98 007114 LEASE GROUP RESOURCES 15611 11/19/98 007564 RUTH MILLER 15612 11/19/98 006176 MR. LUGNUT COPIER SERVICES/SEPT 98 MAINT MATERIALS/OCT 98 COPIER LEASE/NOV 98 MILEAGE/CLEARS CONFERENCE WHEEL COVER FOR ENGINE 12 15613 11/19/98 002487 PAGING NETWORK OF ORANG PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 PAGING SERVICE/SEPT 98 ACCOUNT NUMBER 121-8624-4201 160-8142-4201 301-8142-4201 001-1121-4323 715-4206-4309 715-4201-4310 715-4201-4310 715-4202-4310 715-3302-4310 715-3104-4310 715-4601-4310 001-2111 001-1202-4201 001-4202-4309 105-2601-4309 715-2101-4311 001-4204-4309 001-4204-4309 .001-4204-4309 001-2101-4201 001-1101-4201 001-2201-4309 001-1208-6900 001-2101-4317 715-2201-4311 • 001-2101-4201 001-2201-4201 001-1201-4201 110-3302-4201 001-4601-4201 001-4202-4201 001-1206-4201 15614 11/19/98 008482 PRO MEDIX MEDICAL SUPPLIES/FIRE DEPT/NOV 001-2201-4309 MEDICAL SUPPLIES/FIRE DEPT 001-2201-4309 LI ITEM AMOUNT 600.00 3,972.82 13,454.33 1,382.04 26.84 598.71 15.72 38.85 82.88 74.92 24.87 55.00 926.09 99.59 36.18 85.25 93.37 93.37 23.05 56.00 528.13 30.28 842.90 72.80 77.00 80.09 2.25 2.25 2.25 13.50 45.00 2.25 522.90 5.24 PAGE 2 CHECK AMOUNT 600.00 17,427.15 1,382.04 26.84 835.95 55.00 926.09 135.77 85.25 209.79 56.00 528.13 30.28 842.90 72.80 77.00 147.59 528.14 VOUCHRE2 11/19/98 17:30 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • • 15615 11/19/98 009107 CHRISTINE PURCELL 15616 11/19/98 009115 DEVARA RODRIGUEZ 15617 11/19/98 007858 SAFETY KLEEN 15618 11/19/98 001420 DOROTHY SCHEID 15619 11/19/98 000114 SMART & FINAL IRIS COMP 15620 11/19/98 008068 SMEAL FIRE APPARATUS CO 15621 11/19/98 000018 SOUTH BAY WELDERS 15622 11/19/98 15623 11/19/98 000159 SOUTHERN CALIFORNIA EDI 000170 SOUTHERN CALIFORNIA GAS 15624 11/19/98 000364 STATE OF CALIFORNIA 15625 11/19/98 000897 VAL STRASER 15626 11/19/98 000776 TAYLOR TENNIS COURTS 15627 11/19/98 000124 TODD PIPE & SUPPLY 15628 11/19/98 003353 VISA CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION INSTRUCTOR PAYMENT/FALL 98 CLASS REFUND/FALL 98 PART MACHINE CLEANED REIMBURSE AIRFARE/POST CLASS SUPPLIES/FIRE DEPT/NOV 98 PARTS FOR MONITOR ENGINE 11 WELDING SUPPLIES/SEPT 98 WELDING SUPPLIES/SEPT 98 STREET LIGHTING/OCT 98 STREET LIGHTING/NOV 98 ELECTRIC BILLING/OCT 98 ELECTRIC BILLING/OCT 98 ELECTRIC BILLING/OCT 98 ELECTRIC BILLING/OCT 98 STREET LIGHTING/OCT 98 ELECTRIC BILLING/OCT 98 ELECTRIC BILLING/OCT 98 STREET LIGHTING/NOV 98 STREET LIGHTING/OCT 98 GAS BILLING/NOV 98 GAS BILLING/OCT 98 GAS BILLING/OCT 98 GAS BILLING/SEPT 98 GAS BILLING/NOV 98 GAS BILLING/NOV 98 FINGERPRINT SERVICES/OCT 98 EXPENSE REIMBURS/IACP CONF. RESURFACING CONTRACT IRRIGATION SUPPLIES/AUG 98 EXPENSES IACP CONF/OCT 98 OCT 98 EXPENSES/BURRELL 15629 11/19/98 009117 WESTIN HOTEL AT HORTON LODGING/COPELAND TOTAL CHECKS 5 ACCOUNT NUMBER 001-4601-4221 001-2111 001-4202-4201 001-2101-4312 001-4204-4309 715-2201-4311 001-3104-4309 001-3104-4309 105-2601-4303 105-2601-4303 001-4204-4303 001-4202-4303 105-2601-4303 160-3102-4303 105-2601-4303 001-3104-4303 001-4202-4303 105-2601-4303 105-2601-4303 001-4204-4303 001-4204-4303 001-4204-4303 001-4204-4303 001-4204-4303 001-4204-4303 001-2101-4251 001-2101-4317 125-8527-4201 160-3102-4309 001-2101-4317 001-1101-4317 001-1202-4317 ITEM AMOUNT 420.00 36.00 160.48 394.00 172.00 105.66 31.00 30.00 130.36 148.14 7,781.06 2,042.34 35.15 101.94 304.46 696.76 139.42 226.24 17.27 35.12 91.76 48.96 143.20 35.84 18.60 720.00 160.00 12,088.00 69.63 1,150.12 12.99 155.05 PAGE 3 CHECK AMOUNT 420.00 36.00 160.48 394.00 172.00 105.66 61.00 11,623.14 373.48 720.00 160.00 12,088.00 69.63 1,163.11 155.05 78,042.53 • • VOUCHRE2 CITY OF HERMOSA BEACH 11/19/98 17:30 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 21,269.01 105 LIGHTG/LANDSCAPG DIST FUND 897.80 109 DOWNTOWN ENHANCEMENT FUND 383.01 110 PARKING FUND 95.05 121 PROP A OPEN SPACE FUND 23,892.20 125 PARK/REC FACILITY TAX FUND 12,088.00 160 SEWER FUND 4,144.39 301 CAPITAL IMPROVEMENT FUND 13,454.33 715 EQUIPMENT REPLACEMENT FUND 1,818.74 TOTAL 78,042.53 6 PAGE 4 VOUCHRE2 11/25/98 08:06 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME • • 15630 11/25/98 003209 AIR TOUCH CELLULAR 15631 11/25/98 000407 AVIATION LOCK &'KEY CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CELL PHONE USAGE/OCT 98 CELL PHONE USAGE/OCT 98 CELL PHONE USAGE/OCT 98 KEYS MADE/OCT 98 LOCK REPAIR & KEYS PADLOCK PURCHASE/OCT 98 KEYS MADE/OCT 98 KEYS MADE/OCT 98 15632 11/25/98 008522 BLUE RIDGE MEDICAL INC. MEDICAL SUPPLIES MEDICAL SUPPLIES EMT -PARAMEDIC RENEWAL/HAWKINS EMT -PARAMEDIC RENEWAL/KLEIN EMT PARAMEDIC RENEWAL/SMOTRYS FILM PURCHASE/NOV 98 15633 11/25/98 007954 CA E.M.S. PERSONNEL FUN 15634 11/25/98 009141 CALIF. EMS AUTHORITY 15635 11/25/98 005950 CALIFORNIA EMS AUTHORIT 15636 11/25/98 004394 DIVERSIFIED PHOTO SUPPL 15637 11/25/98 000165 EDDINGS BROTHERS AUTO P AUTO PART PURCHASE/JUNE 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 AUTO PART PURCHASE/OCT 98 15638 11/25/98 009056 GTE INTERNETWORKING ACCOUNT NUMBER 001-2101-4304 001-4202-4304 001-2201-4304 160-3102-4309 001-2101-4309 001-4204-4309 001-2101-4309 715-3302-4311 001-2201-4309 001-2201-4309 001-2201-4315 001-2201-4315 001-2201-4315 001-2101-4305 715-4201-4311 715-4206-4309 715-2101-4311 715-3302-4311 715-4206-4309 715-3104-4311 715-3302-4311 715-2101-4311 715-2101-4311 715-2101-4311 715-2101-4311 715-4206-4309 715-4206-4309 715-2101-4311 715-4206-4311 715-4601-4311 715-2101-4311 715-4202-4311 715-3302-4311 • 715-4601-4311 715-3302-4311 E-MAIL/WEB PAGE STORAGE/OCT 98 001-1206-4201 15639 11/25/98 006518 HAYER CONSULTANTS, INC. TEMP BUILDING INSPECT/10/19-29 15640 11/25/98 004303 LANDSCAPE WEST, INC. 15641 11/25/98 000167 LEARNED LUMBER LANDSCAPE/MAINT/OCT 98 BUILDING SUPPLIES/NOV 98 1 001-4201-4201 001-4202-4201 001-4202-4309 ITEM AMOUNT 367.44 174.59 30.00 6.50 13.53 101.09 19.08 3.25 36.00 90.50 125.00 125.00 125.00 168.98 105.99 160.20 17.31 22.13 27.22 80.11 23.49 63.33 29.35 27.92 129.38 53.51 19.36 4.60 60.27 28.72 124.04 6.88 51.03- 25.14 4.45 175.00 2,640.00 8,229.00 9.58 PAGE 1 CHECK AMOUNT 572.03 143.45 126.50 125.00 125.00 125.00 168.98 962.37 175.00 2,640.00 8,229.00 9.58 VOUCHRE2 11/25/98 08:06 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME • • CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 15642 11/25/98 004138 KENNETH A. MEERSAND LEGAL SERVICES/OCT 98 15643 11/25/98 002490 NATIONAL FIRE PROTECTIO POSTERS & BANNERS 15644 11/25/98 004142 OFFICE DEPOT 15645 11/25/98 000321 PACIFIC BELL OFFICE SUPPLIES/SEPT 98 OFFICE SUPPLIES/SEPT 98 COMPUTER HOOK-UPS/OCT 98 COMPUTER HOOK-UPS/OCT 98 COMPUTER HOOK-UPS/OCT 98 15646 11/25/98 005379 RICHARDS, WATSON & GERS LEGAL SOLID WASTE FRANCHISE LEGAL BEACH CLUB HOTEL/AUG 98 LEGAL STOP OIL/AUG 98 LEGAL/LAND & WATER/AUG 98 15647 11/25/98 000124 TODD PIPE & SUPPLY PLUMBING SUPPLIES/SEPT 98 15648 11/25/98 000123 TRIANGLE HARDWARE HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT HARDWARE DISCOUNT DISCOUNT PURCHASE/SEPT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 OFFERED TAKEN PURCHASE/OCT 98 TAKEN OFFERED ACCOUNT NUMBER 001-1132-4201 001-2201-4305 001-4601-4308 001-4601-4308 001-2101-4304 001-2101-4304 001-2101-4304 001-1131-4201 001-1131-4201 001-1131-4201 001-1131-4201 160-3102-4309 001-3104-4309 001-2021 001-2022 001-3104-4309 001-2021 001-2022 001-4202-4309 001-2021 001-2022 105-2601-4309 001-2021 001-2022 160-3102-4309 001-2021 001-2022 160-3102-4309 001-2021 001-2022 001-4204-4309 001-2021 001-2022 105-2601-4309 001-2021 001-2022 160-3102-4309 001-2021 001-2022 001-3104-4309 001-2021 001-2022 001-3104-4309 001-2022 001-2021 ITEM AMOUNT 6,040.00 95.31 30.12 20.54 3.52 59.79 123.30 108.75 1,000.00 799.95 333.95 38.88 90.37 10.04 10.04- 37.00 4.11 4.11- 81.06 9.01 9.01- 169.62 18.85 18.85- 114.23 12.69 12.69- 155.63 17.29 17.29- 49.21 5.47 5.47- 174.37 19.37 19.37- 29.56 3.29 3.29- 38.77 4.31 4.31- 39.29 4.37- 4.37 PAGE 2 CHECK AMOUNT 6,040.00 95.31 50.66 186.61 2,242.65 38.88 • • VOUCHRE2 CITY OF HERMOSA BEACH 11/25/98 08:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM . ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT HARDWARE PURCHASE/OCT 98 105-2601-4309 30.89 DISCOUNT OFFERED 001-2021 3.43 DISCOUNT TAKEN 001-2022 3.43 - HARDWARE PURCHASE/OCT 98 001-4202-4309 37.96 DISCOUNT OFFERED 001-2021 4.22 DISCOUNT TAKEN 001-2022 4.22- 1,047.96 15649 11/25/98 004768 UPTIME COMPUTER SERVICE COMPUTER MAINT CONTRACT 001-1206-4201 341.00 341.00 15650 11/25/98 008356 VIP KAWASAKI MOTORCYCLE SERVICED/OCT 98 715-2101-4311 214.98 214.98 15651 11/25/98 001206 ZUMAR INDUSTRIES SIGN MAINT SUPPLIES/NOV 98 001-3104-4309 843.00 843.00 TOTAL CHECKS 24,502.96 9 VOUCHRE2 CITY OF HERMOSA BEACH 11/25/98 08:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 22,602.68 105 LIGHTG/LANDSCAPG DIST FUND 374.88 160 SEWER FUND 344.80 715 EQUIPMENT REPLACEMENT FUND 1,180.60 TOTAL 24,502.96 Io • PAGE 4 • • VOUCHRE2 CITY OF HERMOSA BEACH 11/25/98 08:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE DEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON PA S / TO /O INCLUSIVE, OF THE VOUCHER REGISTER FOR 3 ..g° --ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, A ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DIRECTOR DATE AV4/90 PAGE 5 December 3, 1998 Honorable Mayor and Members of the Hermosa Beach City Council ................................... • ie"-c-//rcis-) 4)/x/9 Regular Meeting of December 8, 1998 TENTATIVE FUTURE AGENDA ITEMS i ........................ ............................. .............................................................................. Review of turn restrictions at Herondo/Monterey Blvd. Public Works Director Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 2, 1998 Community Resources Director Monthly Activity Reports for November, 1998 All Departments 8th Street: Study of traffic issues requested by resident petition. Award bid for skateboard track/Tennis court Public Works Director Public Works Award bid for resurface Monterey from Pier to 19t Public Works Recommendation to receive and file action minutes from the Planning Commission meeting of January 19, 1999 Monthly Activity Reports for December, 1998 Community Development Director All Departments .::.::....:.:::::............ : Recommendation to receive and file action minutes from the Planning Community Development Director Commission meeting of February 16; 1999 Review of 6'h Street half street closure Public Works Director Monthly Activity Reports for January, 1999 All Departments • Honorable Mayor and Members of the Hermosa Beach City Council Recommendation: • /1/S2/93 November 2, 1998 Regular Meeting of December 8, 1998 RECOMMENDATION TO DENY CLAIM It is recommended that the City Council deny the following claim and refer it to the City's Liability Claim Administrator. 1. Claimant Date of Loss Date Filed Allegation : Reynolds, Bobby : 05/24/98 : 11/16/98 : Claimant alleges bodily injury when unlawfully bit by police dog during arrest; failure of City to provide proper medical attention and falsified police report. Incident allegedly took place while Hermosa Beach Police Officers were assisting Redondo Beach Police Officers in apprehending robbery suspects. Respectfully Submitted, %J Concur: ,461"?' hael A. Earl, Director Personnel & Risk Management mw/deny Stephen R. Burrell City Manager Robert Mann Donald W. Cook Adam J. Axelrad To: City Clerk's Office City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ROBERT MANN DONALD W. COOK Attorneys at Law 3435 Wilshire Blvd., Ste. 2900, Los Angeles, CA 90010 , (213) 252-9444 CLAIM FOR DAMAGES (Government Code Section 910) November 10, 1998 Certified Mail # Z 411 651 406 Name of Claimant: BOBBY REYNOLDS, c/o Robert Mann and Donald W. Cook, 3435 Wilshire Bl., Suite 2900, Los Angeles, CA 90010. Address to Which Notices Should be Sent: Robert Mann and Donald W. Cook, 3435 Wilshire Blvd., Suite 2900, Los Angeles, CA, 90010, telephone number (213) 252-9444. How Damages or Injuries Occurred: Mr. Reynolds was hiding from police in the backyard of a house. Hermosa Beach police officers consented to the use of a Redondo Beach Police Department canine to search for him. The dog found Mr. Reynolds. The dog was allowed and encouraged to bite Mr. Reynolds. Officers did not announce their use of their dog. After he was handcuffed, an officer dropped Mr. Reynolds on his back on cement. Although Mr. Reynolds was severely injured with lacerations and puncture wounds caused by the dog, officers, rather than medical personnel, transported him to a medical facility for examination and treatment. Officers falsified reports of this incident. When Damages or Injuries Occurred: On or about May 24, 1998, and thereafter. Where Damages or Injuries Occurred: At or near 444 Ocean View, Hermosa Beach, CA. Act or Omission Causing Injuries: Hermosa Beach police consented to the use of a Redondo Beach police dog to search for a suspect. The dog unlawfully bit and injured Mr. Reynolds, officers dropped him on cement, failed to provide appropriate medical care, and falsified police reports of the incident; failure of the City of Hermosa Beach to properly select, train, supervise, and discipline employees. Names of Persons Causing Injuries: Hermosa Beach police officers Cook, Bill Turner, Ramirez; Redondo Beach police officers K. Greenleaf, D. Theurer, and other unknown persons. Damages or Injuries: Lacerations and puncture wounds to both legs, left arm and back. Back injury. Amount of Money Claimed at This Time: Within the jurisdiction of the Superior Court. Names, Addresses of Witnesses, Doctors, Hospitals: Claimant; Redondo Beach police officers Greenleaf, D. Theurer; Hermosa Beach police officers Turner, Ramirez; medical personnel of F:\C\NEW\reynolds-b\910 claim. HB City Clerk's Office City of Hermosa Beach November 10, 1998 Page 2 Little Company of Mary Hospital 4101 Torrance Blvd. Torrance, CA 90503 Los Angeles County USC Medical Center 1200 N. State St. Los Angeles, CA 90033 Los Angeles County Sheriff's Department jail. Deficiency in Claim: If this claim fails to comply in any respect with any requirement of Cal. Gov't Code § 910 or § 910.2, you are required to provide written notice of the insufficiency pursuant to Cal. Gov't Code § 910.8. it , DONALD W. COOK On Behalf of Claimant F:\C\NEW\reynolds-b\910 claim.HB Honorable Mayor and Members of the City Council November 30, 1998 For the City Council Meeting of December 8, 1998 ACCEPTANCE OF DONATION Recommended Action: It is recommended that the City Council accept the following donations given to the Community Resources department: The Woman's Club of Hermosa Beach - $ 250.00 The Hermosa Beach Rotary Club - $350.00 Background: On November 17, 1998, the City received a donation in the amount of $250.00 to be used for the repair and maintenance of the Veteran's Memorial located at the Community Center. An account has been created in the general ledger for funds previously received for the maintenance of the Veteran's Memorial. This donation will be added to that account for use as needed. The City also received a donation in the amount of $350.00 to fund a puppet show at the Halloween Howl activity held at the Clark Building on October 30, 1998. spectfully submitted: gvkLue,,i Valerie Mohler Accounting Supervisor h: user\valerie\donation.doc Concur: Viki Copeland Finance Director AO St=,gn : urrell City anager Honorable Mayor and Members of the Hermosa Beach City Council CIP PROJECT NO. 98-527 BASKETBALL & TENNIS COURT RESURFACING - ACCEPTANCE Recommendation: It is recommended that the City Council: November 30, 1998 Regular Meeting of December 8, 1998 Accept the work by Taylor Tennis Courts, Anaheim on CIP Project No. 98-527, Basketball & Tennis Court Resurfacing, and authorize final payment to the contractor (10% retained for 35 days following filing of Certificate of Completion), and 2. Appropriate $837.00 from the Park & Recreation Tax Fund (125) to CIP Project No. 98-527, Basketball & Tennis Court Resurfacing. Background: On July 14, 1998, City Council approved entering into an agreement with Taylor Tennis Courts of Anaheim to resurface the Basketball Courts and Tennis Courts at sites shown on the attached "Site Location Map". The work included: • Crack filing • Installing reinforcing fabric and fencing • Asphalt paving • Resurfacing and restriping The contractor has completed the work to the satisfaction of the Director of Public Works/City Engineer. Analysis: Acceptance of the work and final payment is in order. In addition, an appropriation of $837.00 is required to cover the cost of additional work. The original contract amount was $46,086.00 with a $4,608.00 contingency. Subsequent to the award of the project, the Community Resources Department requested that the following work be added to the project: • Fencing between the two tennis courts at Clark Field • New tennis nets on 4 -courts at the Community Center • New tennis nets on 2 -courts at Clark Field if • • The total cost for this additional work is $5,445.00, therefore, the final contract cost is $51,531.00. A breakdown of the cost of the additional work can be found in the attached Change Order. Alternatives: 1. Approve staff's recommendation. 2. Send item back to staff to identify an alternative funding source. Fiscal Impact: The cost summary is as follows: • Project Budget • Contract Amount • Change Order Amount Therefore, an additional appropriation of $837.00 from the Park & Recreation Tax Fund (125) is necessary to cover the cost of the additional work. Attachments: Site Location Map Change Order Respectfully submitted, -Iarold C. Williams, P.E. Director of Public Works/City Engineer Noted For Fiscal Impact: (1,24.z.04zzlda...) Viki Copeland Finance Director 2 Concur: Ma ;••••y Co munity Resources Step urrell City '�' anager F/B95/pwfiles/ccitems/cip98527.doc •-••••••!•':',.JJ GREENBELT Site Location Map SHEET / afc 2_ ARDNIORE AVENUE PROJECI' SITE Site Location Map SHEET. oF August 28, 1998 • Taylor Tennis Courts REL;EIVED P05LIC'NOW DEPT. City of Hermosa Beach Joe Mankewich 1315 Valley Drive Hermosa Beach, CA. 90254-3885 CHANGE ORDER Core drill through asphalt and concrete and remove plugs and spoils. Provide galvanized fence posts, rails and 9 gauge chainlink material to erect a fence between two tennis courts, Clark Park. Posts to be set in concrete footing. Includes corner bracing and tension wire. Fence to be 8' tall and extend 20' into the court from the existing perimiter fence and drop to 4' with a 4' walk-through area in the middle of the court. Provide and install six (6) new tennis nets and straps on four courts Community Center and two courts Clark Park. TOTAL COST FOR THE ABOVE CHANGE: FENCE INSTALLATION 4,275.00 NET INSTALLATION 1,170.00 Change Order 1250 N. LaLoma Circle, Anaheim, CA 92806 (714) 632-3883 FAX (714) 632-5112 27758 Santa Margarita Pkwy., Suite 143, Mission Viejo, CA 92691 (714) 858-3147 • Honorable Mayor and Members of The Hermosa Beach City Council -y December 1, 199 Regular Meeting of December 8, 1998 AMENDMENT OF SECTION 457 DEFERRED COMPENSATION PLANS RECOMMENDATION It is recommended that the City Council: p 1. Adopt the amended and restated plan document with Hartford. e • B 59YY 2. Adopt Attachment D, amending the ICMA plan. g 3. Adopt Amendment No. 1 to Pebsco plan document. 4C ES - y� 4. Approve and execute the Establishment of Custodial Account and Life 9 S7 -S. Insurance Transfer Authorization with Pebsco. BACKGROUND The Small Business Job Protection Act of 1996 requires that governmental employers with 457 plans establish a plan level trust, custodial account or be invested in annuity contracts prior to 1/1/99. The City has three deferred comp plans, Hartford, ICMA and Pebsco. ANALYSIS The purpose of the change in the law is so that amounts deferred are no longer property of the employer, but are held for the exclusive benefit of plan pariticipants and their beneficiaries. In addition, the amendments or revised plan documents incorporate changes that give participants greater flexibility in dealing with their plan assets. The City Attorney's Office has reviewed all of the amendments and restated plan documents supplied by the providers and recommends adoption of these documents as the easiest way to comply with the changes in law. Respectfully Submitted, Viki Copeland Finance Director CONCUR: Steph City Manager lg RESOLUTION NO. 98-5944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING AND RESTATING THE DEFERRED COMPENSATON PLAN WITH HARTFORD WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby adopts the amended and restated deferred compensation plan document with Hartford as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -1- • AMENDED AND RESTATED DEFERRED COMPENSATION PLAN (HARTFORD) OF THE CITY OF HERMOSA BEACH •t • PREAMBLE This Plan has been adopted by the City of Hermosa Beach on April 1, 1983 and is effective as of such date. The Plan is amended and restated by resolution of the City Council dated The primary purpose of this Plan is to permit Employees of the Employer. to enter into an agreement which will provide for deferral of payment of a portion of their current compensation until death, retirement, termination of employment, or other event, in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, with other applicable provisions of such Code, and in accordance with the General Statutes of the State. It is intended that the Plan shall qualify as an Eligible Deferred Compensation Plan with in the meaning of Section 457(b) of the Code sponsored by an Eligible Governmental Employer. The Employer does not and cannot represent or guarantee that any particular federal or state income, payroll or other tax consequence will occur by reason of participation in this Plan. A Participant should consult with his or her own attorney or other representative regarding all tax or other consequences of participation in this Plan. ARTICLE I DEFINITIONS 1.1 Plan Definitions For purposes of this Plan, the following words and phrases shall have the meaning set forth below, unless a different meaning is plainly required by the context: "Administrator" means the Employer or its duly authorized designee for that purpose who shall exercise the discretion or other functions given to the Employer under the terms of the Plan. "Adjusted" means adjusted for the cost of living at the time and in the manner as prescribed under section 457(e)(15) of the Code. "Annuity Contracts" means an annuity contract (fixed and/or variable) issued by Hartford Life Insurance Company. "Beneficiary" means any person designated by the Participant to receive an annuity, death benefit, or other benefit under the provisions of this Plan, by reason of such Participant's death. "Code" means the Internal Revenue Code of 1986, as amended. 981123 10649-00001 1j 0102540 0 2 M. "Compensation" means the total of all wages or salaries which are paid by the Employer to, or for the benefit of, an Employee for services rendered, calculated without deduction for any portion thereof deferred under the provisions of this Plan or for any amounts contributed to any program established pursuant to Code Sections 403(b), 401(k), 408(k)(6), or 501(c)(18). "Deferred Compensation" means that portion of an Employee's compensation which said Employee has elected to defer in accordance with the provisions of this Plan. "Deferred Retirement Date" means the date beyond the Normal Retirement Date designated by the Participant. Such date shall not exceed the earlier of (i) the Employer's mandatory retirement age (if applicable), which is , or (ii) the date on which the Participant incurs a Termination of Employment. "Eligible Deferred Compensation Plan" has the meaning given it by the Internal Revenue Code Section 457(b) and the regulations thereunder. "Eligible Governmental Employer" means a State, political subdivision of a State, and any agency or instrumentality of a State or political subdivision of a State. "Employer" means the City of Hermosa Beach "Employee" means any individual defined as eligible by standards set forth by the Employer. A copy of such standards is attached as Exhibit A and incorporated as if fully set forth. "Includible Compensation" means compensation from the Employer that is currently includible in gross income for federal income tax purposes (i.e., taxable income). "Normal Retirement Date" means the date a Participant retires pursuant to the Employer's Retirement Plan without reduced benefits. (Retirement program administration can answer specific questions). "Participant" means any individual who performs services for the Employer either as an Employee or as an independent contractor, who elects to participate in this Plan or who has unpaid benefits due under the Plan, as well as any separated employee or beneficiary who has unpaid benefits due under the Plan. "Participation Agreement" means an agreement filed by an Employee to elect or modify participation in the Plan. "Participation Account" means the bookkeeping account to which there is credited the Participant's Deferred Compensation, together with any interest, dividends, gains, losses, or. the like thereon. "Plan" means the City of Hermosa Beach Deferred Compensation Plan (Hartford), an Eligible Deferred Compensation Plan. 981123 10649-00001 lj 0102540 0 -3- "Plan Year" means the calendar year during which the Plan becomes effective, and each succeeding year during the existence of this Plan. "State" means the State or Commonwealth that is the Employer or the State or Commonwealth of which the Employer is a political subdivision or an agency or instrumentality. "Termination of Employment" means in the case of an Employee, separation from service within the meaning of Section 402(e)(4)(D) of the Code or on account of the Participant's death or retirement, or in the case of an independent contractor, the expiration of the contract (or, in the case of more than one contract, all contracts) under which services are performed for the Employer. ARTICLE II OPERATION OF PLAN 2.1 Participation Any Employee may elect to become a Participant in the Plan and to defer payment of part of his compensation not yet earned by executing a written Participation Agreement and filing it with the Employer. The Employer shall defer payment of Participant compensation in the amount specified in each Participation Agreement filed with the Employer. Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Code Section 414(u). 2.2 Participation Agreement The Administrator shall establish a written Participation Agreement which shall contain, among other provisions, a provision whereby the Participant specifies: (a) that portion of his/her Compensation which is to be deferred. (b) his/her investment preference; however, the Employer reserves the right to disapprove the Participant's selection. (c) a Beneficiary or Beneficiaries, including one or more contingent Beneficiaries, to receive any benefits which may be payable under this Plan or on the death of the Participant. (d) that his salary, wage or other compensation is as set forth in any salary ordinance or otherwise without deductions for amounts deferred under the provisions of this plan. (e) that the participant together with his heirs, successors, and assigns, holds harmless the Employer from any liability hereunder for all acts performed in good faith, including 981123 10649-00001 Ij 0102540 0 -4- acts relating to the investment of deferred amounts and/or the Employee's investment preference hereunder. (f) a payment option and payment frequency (monthly, quarterly, semi-annually or annually) if applicable. The option and payment frequency selected may be changed at any time prior to the earliest distribution date for benefits provided in the Plan for a Participant and may not thereafter be modified. 2.3 Agreement Effective Date If the Participation Agreement is received prior to the 15th of the month, it will take effect on the first pay day of following month. If received on or after the 15th, it will take effect on the first pay day of the second month following. Thereafter, during each employment year in which the Employee is a Participant in the Plan, that portion of his said Compensation which is specified by the Employee in the Participation Agreement shall be deferred and paid in accordance with the provisions of this Plan. 2.4 Amendment of Participation Agreement The Participant may revoke his election to participate and may change the amount of Compensation to be deferred, or his investment preference, by signing and filing with the Employer a written revocation or amendment, on a form approved by the Administrator. Any such revocation or amendment shall be effective prospectively only, beginning with the first pay period of the subsequent month. 2.5 Regular Contributions The regular contribution is the amount of compensation which may be deferred by a Participant subject to the following limitations: (a) Calendar Year Maximum - The maximum amount a Participant may defer during a calendar year shall not exceed the lesser of (i) $7,500 (as Adjusted), or (ii) 33-1/3% of the Participant s Includible Compensation (typically 25% of the Participant's gross taxable income from the Employer). (b) Pay Period Maximum - The maximum amount a Participant may defer during a pay period, when combined with previous deferrals during the calendar year, shall not exceed the lesser of (i) $7,500 (as Adjusted) or (ii) 33-1/3% of the Participant s year to date Includible Compensation (typically 25% of the Participant's year-to-date gross taxable income from the Employer). (c) Pay Period Minimum - The minimum amount a Participant may defer is $10.00 per pay period. 981123 10649-00001 lj 0102540 0 -5- 2.6 Catch -Up Contributions A Participant may defer an additional amount under this "catch-up provision", for one or more of the last three calendar years ending before attaining the Participant's Normal or Deferred Retirement Date. The use of "catch-up" is subject to the following restrictions: (a) The maximum amount a Participant may defer each calendar year shall not exceed the lesser of these two amounts: (1) $15,000 minus the regular contribution, or (2) any Employer provided compensation eligible for deferral that was not deferred for any prior taxable year which began after December 31, 1978. (b) To use "catch-up", a Participant must declare a retirement age, which may be any age at or after which the Participant qualified for Normal Retirement eligibility, but no later than age 701/2. This declaration does not compel retirement. (c) The "catch-up" provision may not be used during the calendar year that the Participant ceases to be an Employee. (d) The "catch-up" provision may be used only once by any Participant, whether under this Plan or any other eligible Deferred Compensation Plan. (e) Participants may continue to make regular contributions after they are no longer eligible to use "catch-up". [2.7 Employer Contributions] [Nothing in this Plan prohibits the Employer from making deposits to a Participant's Participation Account as additional compensation for services rendered, subject to the Participant's regular contribution limits.] ARTICLE III INVESTMENT RESPONSIBILITIES 3.1 Investment of the Deferred Amount Amounts deferred pursuant to Article II shall be held for the exclusive benefit of Participants and their Beneficiaries under one or more Annuity Contracts which may provide for guaranteed rates of interest or variable investment options. 981123 10649-00001 1j 0102540 0 -6- 3.2 Employer's Investment Rights The Employer may, but is not required to, invest amounts equal to the deferred compensation credited to a Participation Account in accordance with his or her requests. However, the Employer shall be under no obligation to invest the deferred amount in the manner specified and shall retain the right to approve or disapprove investment requests made by the Participant at the time of enrollment or change in enrollment. 3.3 Amendment of Investment Preference The Participant may amend his statement of investment preference by filing with the Employer a signed amendment on a form approved by the Administrator. Such amendment will, unless specifically stated otherwise, apply only to future amounts deferred under the Plan. 3.4 Investment Disclaimer Any action by the Employer in investing funds, or approving any such investment of funds, shall not be considered to be either an endorsement or a guarantee of any investment; nor shall it be considered to attest to the financial soundness or the suitability of any investment for the purpose of meeting future obligations as provided under the distribution guidelines given below. 3.5 Statements The Employer will cause to be issued statements periodically to reflect the actual earnings, gains, contributions and losses posted to the Participation Accounts. ARTICLE IV DISTRIBUTIONS 4.1 Eligibility Code Section 457 and the applicable regulations determine the Participant's eligibility for a distribution and payment option available. Distribution may be taken under any of the following circumstances: (a) Retirement; (b) Separation from service within the meaning of Sections 1.457-2(h)(2) and (3) of the Income Tax regulations; (c) Participant's death; (d) Approval of request for emergency withdrawal; 981123 10649-00001 lj 0102540 0 -7- (e) Attainment of age 701/2, whether or not still employed. 4.2 Distribution and Deferral Distribution must follow the minimum distribution requirements of Sections 401(a)(9) and 457(d) of the Code and the regulations thereunder as they may be amended from time to time. There is a substantial penalty (federal excise tax) for not satisfying the minimum distribution requirements. Upon becoming eligible in accordance with Section 4.1 hereof, distribution is subject to the following guidelines: (a) A Participant may elect to commence distribution in accordance with the payment ' options set forth at Section 4.3 hereof. Unless the Participant fails to make any election or if the Participant elects a postponed distribution commencement date pursuant to Section 4.2(b) below, the Participant s Participation Account shall be, or shall commence to be, distributed not later than sixty (60) days after the close of the Plan Year in which the Participant s Participation Account becomes eligible for distribution. If a Participant fails to make any election, distribution shall commence in accordance with Section 4.5 hereof. (b) A Participant may elect to postpone the commencement date specified in the election made pursuant to Section 4.2(a) to a later date if (i) such postponement election is made prior to the original commencement date specified in the election made pursuant to Section 4.2(a), and (ii) no other postponement election has been made pursuant to this Section 4.2(b); provided further, that a Participant may change the payment option elected at any . time that is at least sixty .(60) days prior to the date on which payments will commence. (c) A Participant may elect to postpone distribution, even after using the "catch-up" provision. (d) If eligibility for distribution is on account of the Participant s death, distribution shall commence in accordance with Section 4.8 hereof. (e) Notwithstanding any provision of the Plan to the contrary, distribution must commence no later than April 1st following the later of (i) the calendar year in which the Participant attains age 70' or (ii) the calendar year in which the Participant separates from service, and shall be made under one of the options provided under Section 4.3 and in accordance with Section 401(a)(9) of the Code and regulations issued thereunder, including the minimum distribution incidental benefit requirements. 981123 10649-00001 Ij 0102540 0 -8- 4.3 Payment Options Except in the event of the Participant's death, the full amount credited to the Participant's Participation Account (including earnings and net gain or loss), less any federal or State income tax required to be withheld, shall be distributed, as instructed by the Participant, under one of the following payment options: (a) A single sum payment; (b) Payments for a specified period where amounts are paid in substantially non -increasing installments over a period of five (5) to thirty (30) years, but not in excess of the Participant's allowable life expectancy; (c) A life annuity payable during the lifetime of the Participant; (d) A life annuity with period certain guaranteed payable during the lifetime of the Participant, or his Beneficiary, with the guarantee that if at the Participant's death payments have not been made for the guaranteed period as elected, payments will continue to the Beneficiary. The guaranteed period to be elected must be either ten (10) or fifteen (15) years if the Beneficiary is not a spousal Beneficiary. For a spousal Beneficiary, the guaranteed period to be elected may be either ten (10), fifteen (15) or twenty (20) years but may not exceed the life expectancy of the Participant and his spousal Beneficiary; or (e) A joint and survivor annuity payable during the lifetime of the Participant and a spousal Beneficiary of the Participant. 4.4 Distribution For Certain Non -Participating Participants Notwithstanding any provision of the Plan to the contrary, if the total amount of a Participant's Participation Account under the Plan does not exceed the dollar limit under Code Section 411(a)(11)(A), the Participant may elect to receive (or the Employer may elect to pay to the Participant without the Participant s consent) the total amount in a single sum payment within 60 days of such election; provided, however, such amount may be distributed pursuant to this Section 4.4 only if: (a) no amount has been deferred under the Plan with respect to such Participant during the two-year period ending on the date of the distribution, and (b) there has been no prior distribution under the Plan to such Participant to which this Section 4.4 applied. 4.5 Default Distribution Schedule If the Participant fails to select a distribution form for any event which causes amounts to become available under the Plan, the Participant shall be deemed to have elected, pursuant to Section 4.2(b) hereof, to postpone distribution of his benefit until the year in which the Participant attains age 70 1/2. Upon such Participant s attainment of age 70 1/2, payments shall commence for a specified period of ten (10) years under the payment option provided at 981123 10649-00001 lj 0102540 0 -9- Section 4.3(b). Notwithstanding the foregoing, Participation Accounts eligible for distribution under Section 4.4 shall be subject to earlier distribution in accordance with Section 4.4 hereof. 4.6 Payment Frequency If the Participant has elected a payment option requiring installment payments, the Participant may also elect to have such payment made either monthly, quarterly, semi-annually or annually. 4.7 Income Tax Reporting Amounts paid to a Participant shall be reported on appropriate tax reporting forms to a Participant as wages subject to withholding for federal income taxes. 4.8 Distribution Schedule In The Event of the Participant's Death In the event of the Participant's death, the full amount credited to the Participant's Participation Account (including earnings and net gain or loss), less any federal or State income tax required to be withheld, shall be distributed according to the following requirements: (a) If distribution has commenced prior to the death of the Participant, the balance of a Participant's Participation Account shall be paid to the Beneficiary in accordance with the payment option already selected by the Participant so that the remaining distribution will be effected at least as rapidly as under the payment option used before the Participant's death. (b) If the distribution has not commenced prior to the death of the Participant, a non -spousal beneficiary may take a distribution under the payment option provided at Section 4.3(a) or Section 4.3(b) above over a maximum of 15 years, commencing no later than one year after the date of the Participant's death. A spousal beneficiary may defer distribution no Iater than the year the deceased Participant would have reached age 701/2 and may take a distribution under the payment option provided at Sections 4.3(a), 4.3(b), 4.3(c), or 4.3(d) for a period not exceeding his/her own life expectancy. (c) If the Beneficiary fails to make such selection, payments shall be made to the Beneficiary in accordance with Section 4.3(b) over a 10 year period. The Employer shall process distribution requests immediately upon receipt of all required forms. 4.9 Emergency Distribution 981123 10649-00001 Ij 0102540 0 - 10 - Notwithstanding any other provisions of this Plan, a Participant may apply for a lump sum withdrawal of funds from the Plan under certain emergency conditions. The Employer will evaluate the request for conformity with its interpretation of the applicable regulations. The Participant must satisfy the Employer that all of the following conditions are met before the Employer may authorize the emergency withdrawal: (a) Major unexpected and unreimburseable expenses exist that were not foreseeable and are beyond the Employee's control; (b) The unforeseeable emergency event involves the Participant, or his/her spouse or any dependent who qualifies under Section 152(a) of the Code; (c) The financial burden created must be the legal obligation of the Participant; (d) All other financial sources, such as insurance payments and attempts to obtain loans, have been exhausted; • (e) All assets must be liquidated except where liquidation would itself cause severe financial hardship; (f) The amount of the requested withdrawal is limited to the amount necessary to meet the financial emergency; and (g) Great financial hardship will occur if the withdrawal is not permitted. Examples of hardship circumstances include major property loss and catastrophic illness of spouse or dependents. Withdrawals are not authorized for expenses related to the death or illness of any other family member, or for budgetable expenses such as automobile or college costs, a home down payment, or expenses relative to divorce proceedings. Any remaining benefits shall be paid upon retirement, termination of employment, or death in accordance with this Article IV. The decision of the Employer concerning Emergency Withdrawals shall be final as to all Participants. 5.1 Designation 981123 10649-00001 Ij 0102540 0 ARTICLE V BENEFICIARY - 11 - Each Participant has the right, by written notice filed with the Employer, to designate one or more beneficiaries to receive any benefits payable under this Plan in the event of the Participant's death prior to the complete distribution of benefits. The Participant accepts and acknowledges that he has the burden for executing and filing, with the Employer, a proper beneficiary designation form. The form for this purpose shall be provided by the Employer. It is 'not binding on the Employer until it is signed, filed with the Employer by the Participant, and accepted by the Employer. If no such designation is in effect upon the Participant's death, or if no designated beneficiary survives the Participant, the beneficiary shall be the estate. If no estate executor or administrator is appointed and qualified within one hundred twenty (120) days after the Participant's death, the payment may be made first, to a surviving spouse, second, to a surviving child or children, and third, to a surviving parent or parents. ARTICLE VI NON -ASSIGNABILITY 6.1 Non -Assignability Neither the Participant nor the Participant's beneficiary, nor any other designee, shall have any right to commute, sell, assign, pledge, hypothecate, transfer, or otherwise convey the right to receive any payments hereunder, which payments and right thereto are expressly declared to be non -assignable and nontransferable. Except to the extent otherwise provided by law, no payments shall be subject to attachment, garnishment or execution, or be transferable in the event of bankruptcy or insolvency. ARTICLE VII PLAN TRANSFERS 7.1 Plan Transfers Code Section 457 and the applicable regulations permit transfers of plan interests when the Participant changes employers. 7.2 Transfers In The full value of a Participation Account may be accepted from another Eligible Deferred Compensation Plan maintained by another employer and credited to the Participant's Participation Account under this Plan, if: 981123 10649-00001 1j 0102540 0 -12- (a) The Participant has separated from service with that employer and has become an Employee; (b) The other employer's plan provides that such transfer can be made. As it deems necessary, the Employer may require such documentation from the predecessor plan to effect the transfer, to confirm that such plan is an Eligible Deferred Compensation Plan within the meaning of Code Section 457 and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer agrees to hold such other assets under the Plan. Any amounts transferred that had been deferred during prior calendar years will not be subject to current calendar year deferral limitations. 7.3 Transfers Out The full value of a Participation Account may be transferred to another Eligible Deferred Compensation Plan maintained by another employer, if: (a) The Participant has separated from service with the Employer and become an employee of the other employer; (b) The other employer's plan provides that such transfer will be accepted; and (c) The Participant and the employer have signed such agreements as are necessary to assure that _the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer. As it deems necessary, the Employer may require such documentation from the other plan to effect the transfer, to confirm that such plan is an Eligible Deferred Compensation Plan within the meaning of Code Section 457 and to assure that transfers are provided for under such plan. Such transfers shall be made only under such circumstances as are permitted under Code Section 457 and the applicable regulations. ARTICLE VIII ADMINISTRATION AND ACCOUNTING 8.1 Administration by Employer This Plan shall be administered by the Employer, which shall prescribe such forms, and adopt such rules and regulations as are necessary to carry out the purposes of the Plan. The Employer may employ investment counsel to provide advice concerning categories of 981123 10649-00001 ti 0102540 0 - 13 - investment, investment guidelines and investment policy, provided, however, that the advice or recommendations of any such investment counsel shall not be binding on the Employer, which shall make the final determination concerning investment categories, investment guidelines and policies. The Employer may contract with a financially responsible independent contractor to administer and coordinate the Plan under the direction of the Employer. The Administrator shall have the right to designate a Plan Coordinator or other party of its choice to perform such services under this agreement as may be mutually agreed to between the Administrator and the Plan Coordinator or other party. Notwithstanding any other provisions to the contrary, the Administrator agrees that it shall be solely responsible to the Employer for any and all services performed by a subcontractor, assignee, or designee under this agreement. 8.2 Administrative Costs The Employer shall determine, in a manner deemed fair and equitable, the administrative costs associated with the withholding of Deferred Compensation amounts pursuant to this plan or in making investments or otherwise administering or implementing the Plan. The Employer may withhold or collect, or have withheld or collected, such costs, in such manner as he deems equitable either (1) from the compensation deferred pursuant to the Plan, the income produced from the compensation deferred pursuant to the Plan, the income produced from any investment, whether or not augmented, or (2) from the organization receiving such investment where required by law to collect therefrom or, if not so required, where mutually satisfactory to such organization and the Administrator. The Administrator may remit or direct the remission of appropriate amounts so withheld or collected to the Employer. ARTICLE 'IX AMENDMENTS 9.1 Right to Amend, 'Modify and Terminate The Employer may at any time modify or terminate the Plan by notifying Participants of such action. The Employer shall not have the right to reduce or affect the value of any Participant's account or any rights accrued under the Plan prior to modification or termination. 9.2 Conformation The Employer shall amend and interpret the Plan to the extent necessary to conform to the requirements of Code Section 457 and any other applicable law, regulation or ruling, including amendments that are retroactive. In the event the Plan is deemed by the Internal Revenue Service to be administered in a manner inconsistent with Code Section 457, the Employer shall correct such inconsistency within the period provided in Code Section 457(b). 9.3 Plan Termination 981123 10649-00001 1j 0102540 0 - 14 - In the event of the termination of the Plan, distribution of benefits shall be made to Participants and beneficiaries pursuant to the distribution guidelines in Section 4 or the transfer provisions of Section 7. ARTICLE X EXCLUSIVE BENEFIT 10.1 Exclusive Benefit All amounts of compensation deferred under the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held in trust or under one or more annuity contracts described in Section 401(f) of the Code. Except as may otherwise be permitted or required by law, no assets or income of the Plan shall be used for, or diverted to, purposes other than for the exclusive purpose of providing benefits for Participants and their Beneficiaries or defraying reasonable expenses of administration of the Plan. ARTICLE XI MISCELLANEOUS 11.1 Retirement System Integration Benefits payable by, and deductions for Employee contributions to, any retirement system of the Employer shall be computed without reference to amounts deferred pursuant to this Plan. 11.2 Employment Neither the establishment of the Plan nor any modification thereof, nor the establishment of any account, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided; and, in no event, shall the terms or employment of any Employee be modified or in any way affected hereby. 11.3 Successors and Assigns The Plan shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns, all Participants and Beneficiaries and their heirs and legal representatives. 11.4 Written Notice Any notice or other communication required or permitted under the Plan shall be in writing, and if directed to the Employer shall be sent to the designated office of the Employer, and, if 981123 10649-00001 Ij 0102540 0 . - 15 - directed to a Participant or to a Beneficiary, shall be sent to such Participant or Beneficiary at his last known address as it appears on the Employer's record. 11.5 Total Agreement This Plan and the Participation Agreement, and any subsequently adopted amendment thereof, shall constitute the total agreement or contract between the Employer and the Participant regarding the Plan. No oral statement regarding the Plan may be relied upon by the Participant. 11.6 Gender As used herein the masculine shall include the neuter and the feminine where appropriate. 11.7 Controlling Law This Plan is created and shall be construed, administered and interpreted in accordance with Section 457 of the Code and the regulations thereunder and under the laws of the State of domicile of the Employer as the same shall be at the time any dispute or issue is raised. If any portion of this Plan is held illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder shall be unaffected. IN WITNESS WHEREOF, the Employer has executed this Amended and Restated Plan document this day of SEAL Its Attest: (Name of Employer) by (Title) Title (Witness) 981123 10649-00001 Ij 0102540 0 - 16- RESOLUTION NO. 98-5945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ICMA DEFERRED COMPENSATON PLAN WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; -1- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plan. BE IT FURTHER RESOLVED that the Plan will not permit loans. BE IT FURTHER RESOLVED that the City hereby agrees to serve as trustee under the PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -2- RESOLUTION NO. 98-5946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO PEBSCO PLAN DOCUMENT. WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby adopts Amendment No. 1 to the Pebsco Plan Document as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -1- "PEBSCO Plan" UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM THE DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES AMENDMENT #1 TO PLAN DOCUMENT WHEREAS EMPLOYER executed the above referenced Plan Document; and WHEREAS, effective January 1, 1997, EMPLOYER desires to amend the Plan Document as follows: 1. The first sentence of Article I, Section 1.01(n) is hereby deleted and replaced with the following: SEPARATION FROM SERVICE means Separation From Service as used in IRC Section 402 (d)(4)(A)(iii), and on account of the PARTICIPANT'S death or retirement. 2. ARTICLE II, Section 2.04 is hereby deleted and replaced with the following: 2.04. Except as provided in Section 2.05, the maximum deferred amount under the PLAN for the PARTICIPANTS taxable year shall not exceed the lesser of (a) $7,500 (as adjusted by the Secretary of the Treasury) or (b) 33 1/3% of the PARTICIPANTS Includible Compensation as provided in IRC Section 457. 3. ARTICLE II, Section 2.06 is amended by replacing "402(a)(8)" with "402(e)(3)" and by adding, in the third line "or (k)" following "402(h)(1) (B)". 4. Article II is hereby amended by the addition of the following Section: 2.07 Notwithstanding the preceding provisions of Article II, a PARTICIPANT who is entitled to reemployment pursuant to the terms of the Uniformed Services Employment and Reemployment Act of 1994 (USERRA) may defer an additional amount under the PLAN as provided in that act for the years of his or her service in the uniformed services (as defined in USERRA). Any such deferrals will not be subject to the limits set forth above in the year in which deferred, but will be subject to the limits for the year to which such deferrals relate. 5. ARTICLE VII, Section 7.02 is hereby deleted and replaced with the following: 7.02. The EMPLOYER shall use the PARTICIPANTS or Beneficiary's investment specifications so as to determine the value of the deferred account maintained DC -2947-C with respect to the PARTICIPANT as if the deferred amounts had been invested according to such specifications; provided, however, that only upon approval from EMPLOYER and Administrator may a PARTICIPANT allocate an amount greater than 25% of the total deferrals of the PARTICIPANT to a life insurance option. 6. ARTICLE VII, Section 7.04 is hereby deleted and replaced with the following: 7.04. All assets of the PLAN, including all deferred amounts, property and rights purchased with deferred amounts, and all income attributable to such deferred amounts, property or rights, shall (until made available to the PARTICIPANT or Beneficiary) be held in a trust, custodial account or annuity contract described in IRC Section 457(g) for the exclusive benefit of the PARTICIPANTS and their beneficiaries. 7. ARTICLE VIII, Section 8.01 is hereby deleted and replaced with the following: 8.01. Commencement of Distributions: The PARTICIPANT may elect the time at which distributions under the PLAN are to commence by designating the month and year during which the first distribution is to be made. The earliest distribution commencement date that may be elected by the PARTICIPANT shall be the earlier of: (a) thirty-one (31) days after Administrator is notified of PARTICIPANT'S separation from service or the date the PARTICIPANT separates from service, whichever is later; or (b) the date on which the PARTICIPANT attains age 70 1/2 or terminates deferrals under this PLAN, whichever is later. At least thirty (30) days prior to the date on which a PARTICIPANT is eligible for benefits to commence under the PLAN, the EMPLOYER shall notify the ADMINISTRATOR in writing, ,mailed to the ADMINISTRATOR'S Home Office, of the PARTICIPANT'S eligibility. The PARTICIPANT shall make such election no later than the earlier of: (a) thirty (30) days following the date Administrator is notified of PARTICIPANT'S separation from Service or (b) thirty (30) days following attainment of age 70. DC -2947-C Benefits payable to the PARTICIPANT will be the equivalent of the total benefits that would have been created had the deferred amounts been invested as specified by the PARTICIPANT. The date elected for commencement of distributions ("the Elected Commencement Date") shall be not later than the Mandatory Commencement Date, which shall be the later of: (a) April 1 of the calendar year following the calendar year in which the PARTICIPANT attains age 70 1/2: or (b) April 1 of the calendar year following the calendar year in which the PARTICIPANT separates from service with the EMPLOYER. The Elected Commencement Date may be postponed, once, following the PARTICIPANT's separation from service, if the PARTICIPANT files an election designating a new date for benefits to begin, prior to the original Elected Commencement Date. Failure to file an election with the Administrator within the appropriate time period will result in the Administrator beginning distributions one hundred and eighty (180) days following the date the PARTICIPANT separated from service or the date the Administrator is notified of PARTICIPANT'S separation from service, whichever is later. 8. ARTICLE VIII, is hereby amended by the addition of the following Section: 8.05 In service distribution - $3,500 or less: If the total amount payable to a PARTICIPANT under the PLAN is $3,500 or less, the PARTICIPANT may elect to receive such amount before separation of service (or the PLAN may distribute such amount without the PARTICIPANT'S consent) if - (a) no amount has been deferred under the PLAN with respect to such PARTICIPANT during the two year period ending on the date of distribution, and (b) there has been no prior distribution under the PLAN to such PARTICIPANT to which this Section applied. 9. ARTICLE X is hereby amended by the addition of the following Section: 10.07 All assets of the Plan, including all deferred amounts, property and rights purchased with deferred amounts, and all income attributable to such deferred amounts, property or rights, other than assets held in annuity contracts, will be held in a custodial account described in IRC Section 457(g). Such amounts will DC -2947-C be held in a common fund with the assets of other Section 457 Plans. Such custodial account shall be held by the custodian thereof for the exclusive benefit of the PARTICIPANTS and Beneficiaries of this and other Section 457 Plans and the assets may not be diverted to any other use. The Administrator shall be the agent of the EMPLOYER for purposes of providing direction to the custodian of the custodial account from time to time as to the investment of the funds held in the account, the transfer of assets to or from the account and all other matters. A copy of the Section 457 Custodial Account Agreement which describes the duties of the custodian is attached hereto as Exhibit A and is incorporated herein by reference. DC -2947-C • RESOLUTION NO. 98-5947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND EXECUTING THE ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION WITH PEBSCO. WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby approves and executes the establishment of custodial account and life insurance transfer authorization with Pebsco as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -1- "PEBSCO Plan" ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION WHEREAS, the undersigned Employer is the owner of one or more life insurance policies issued to it by Commonwealth Life Insurance Company, Kentucky Commonwealth Life Insurance Company, Peoples Security Life Insurance Company, or Providian Life and Health Insurance Company (the "Policies") in connection with the deferred compensation plan it maintains for its employees (the "Plan") pursuant to Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, as a result of an amendment to the Code, all assets and income of the Plan must be held in a trust, custodial account or annuity contract; and WHEREAS, the Plari has been amended to reflect the changes required by the amendment to the Code; and WHEREAS, the Employer desires to adopt the Code Custodial Account (the "Custodial Account") to hold assets, other than annuity contracts, which will provide benefits for the participants and beneficiaries; and WHEREAS, as a result of the amendment to the Code, the Employer desires to transfer ownership of the Policies to Bank One Trust Company, N.A. (the "Custodian") for the exclusive benefit of the Plan's participants and beneficiaries; NOW THEREFORE, the undersigned Employer hereby accepts the Code Custodial Account Agreement, adopts the Custodial Account, authorizes transfer of ownership to the Policies to the Custodian, and designates •the Custodian ac the beneficiary to the Policies. CITY OF HERMOSA HE AC H VICKY COPELANO ENTITY CONTACT 131.5 VALLEY DR IVE HERMOSA BEACH. LA 90254 EMPLOYER: BY: TITLE: DATE: DC -2948-A ENDORSEMENT Group Flexible Fund Retirement Contract (TSP 556) Group Fixed Fund Retirement Contract (TSP 557) Attached to and made a part of this contract by NATIONWIDE LIFE INSURANCE COMPANY ONE NATIONWIDE PLAZA COLUMBUS, OH 43216 WHEREAS the above -referenced group annuity contract was issued to the Owner ("the Owner") by NATIONWIDE LIFE INSURANCE COMPANY ("the Company") and the Company wishes to modify this contract pursuant to Section 6.02 and to comply with the Small Business Job Protection Act of 1996 ("the Act"). Section 1448 of the Act amends Section 457 of the Internal Revenue Code of 1986, as amended ("Code"), regarding plan assets of governmental plans. This Endorsement shall be effective on January 1, 1997 or the Effective Date of the Contract, whichever is later. NOW, THEREFORE, the Company hereby endorses the Contract as follows: 1. The Contract Schedule is revised by deleting the following language: Owner of Contract: CITY OF HERMOSA BEACH and replacing it with the following language: Owner of Contract: CITY OF HERMOSA BEACH, for the benefit of the Participants and Beneficiaries of the USCM Plan. 2. All references in the Contract or endorsements to the Contract regarding ownership of the Contract, the ownership of Plan assets, exercise of contractual rights, or any other provision affected by the Act, shall be subject to the following provisions: a) The Owner of the Contract shall hold all assets and income of the Plan for the exclusive benefit of the Plan's Participants and beneficiaries. Contractual rights and privileges may be exercised by the Owner to the extent such rights are not specifically reserved in the Plan for Participants as a group or as individuals. The Owner may not take any action inconsistent with the rights of the Plan's Participants. b) This Contract shall be treated as a trust for purposes of the Code under rules similar to the rules under Section 401(f) of the Code. )1446., C., 41 C.#11-4. SECRETARY PRESIDENT APO -3033 ENDORSEMENT Group Flexible Fund Retirement Contract (TSP 556) Group Fixed Fund Retirement Contract (TSP 557) Attached to and made a part of this contract by NATIONWIDE LIFE INSURANCE COMPANY ONE NATIONWIDE PLAZA COLUMBUS, OH 43216 WHEREAS the above -referenced group annuity contract was issued to the Owner ("the Owner") by NATIONWIDE LIFE INSURANCE COMPANY ("the Company") and the Company wishes to modify this contract pursuant to Section 6.02 and to comply with the Small Business Job Protection Act of 1996 ("the Act"). Section 1448 of the Act amends Section 457 of the Internal Revenue Code of 1986, as amended ("Code"), regarding plan assets of governmental plans. This Endorsement shall be effective on January 1, 1997 or the Effective Date of the Contract, whichever is later. NOW, THEREFORE, the Company hereby endorses the Contract as follows: 1. The Contract Schedule is revised by deleting the following language: Owner of Contract: CITY OF HERMOSA BEACH and replacing it with the following language: Owner of Contract: CITY OF HERMOSA BEACH, for the benefit of the Participants and Beneficiaries of the USCM Plan. 2. All references in the Contract or endorsements to the Contract regarding ownership of the Contract, the ownership of Plan assets, exercise of contractual rights, or any other provision affected by the Act, shall be subject to the following provisions: a) The Owner of the Contract shall hold all assets and income of the Plan for the exclusive benefit of the Plan's Participants and beneficiaries. Contractual rights and privileges may be exercised by the Owner to the extent such rights are not specifically reserved in the Plan for Participants as a group or as individuals. The Owner may not take any action inconsistent with the rights of the Plan's' Participants. b) This Contract shall be treated as a trust for purposes of the Code under rules similar to the rules under Section 401(f) of the Code. AALEgri`eftly- SECRETARY PRESIDENT APO -3033 SECTION 457 CUSTODIAL ACCOUNT AGREEMENT THIS CUSTODIAL AGREEMENT is made this a2y44 day of September, 1996 by and between PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION duly organized and existing under the laws of the State of Delaware, or its successor, (the "Principal") on behalf of certain public employers and deferred compensation plans described herein and BANK ONE TRUST COMPANY, N.A., a national banking association organized and existing under the national banking laws of the United States (the "Custodian") for the exclusive benefit of the participants and their beneficiaries of those certain deferred compensation plans described herein. WITNES SETH: WHEREAS, Section 457 of the Internal Revenue Code of 1986 (the "Code") governs the tax treatment for deferred compensation plans of state and local governments ("Plan" or "Plans"); WHEREAS, Section 457 of the Code has been amended to require that assets and income of any such Plan be set aside in trust for the exclusive benefit of participants and their beneficiaries; WHEREAS, Principal, pursuant to this amendment of the Code desires as administrator and on behalf of such Plans and for their eligible employers ("Employer" or "Employers") to open a custodial account, the assets of which shall be held by Custodian (as defined in Section 401(f) of the Code) for the exclusive benefit of participants and the beneficiaries thereof of such Plans; WHEREAS, Custodian has all requisite power and authority to maintain and hold such assets in a custodial capacity for the exclusive benefit of such Plan participants and is a bank within the meaning of Section 408(n) of the Code; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. INTENTION. The parties hereto intend that this agreement comply with Section 457(g) of the Code and this Agreement shall be interpreted consistently with said Section. 2. NAME. The name of this custodial account shall be the Section 457 Custodial Account (the "Account"). 3. ADOPTION OF THIS AGREEMENT. Each Employer who desires that the Plan which it sponsors become a part of the custodial account created under this Agreement for the benefit of the participants thereof and their beneficiaries shall adopt the terms of this Agreement in the form agreed to by the Principal and the Custodian. .f 4. CUSTODIAN'S DUTIES. The Custodian shall hold in its name or the name of its nominee, for the benefit of the participants and beneficiaries of the Plans whose Employers have adopted this Agreement, various life insurance contracts, savings plans and mutual fund shares delivered to it by Principal as directed from time to time by the Employers maintaining such Plans, such direction to be provided to Custodian through Principal. Custodian shall only be responsible for custody thereunder of cash, securities and property delivered to it from Principal and then only while the cash, securities and property are held in and as part of the Account. Custodian shall have no obligation to review any direction to determine whether Principal's direction complies with Section 457 of the Code. Such assets, including any earnings accruing on them, shall be held solely for the participants and beneficiaries of the Plans and may not be diverted to any other use. Principal shall not give Custodian any direction which would cause any assets to be assigned by any Plan, other than as a transfer to another investment option under such Plan that satisfies the requirements of Section 457 of the Code. Such contracts, savings plans and mutual fund shares shall be held as a single account by Custodian. Custodian shall hold the contracts, savings plans or mutual fund shares until termination of the custodial account as described herein or upon cancellation of the contracts or mutual fund shares as directed by a Plan's employer through Principal or until transferred to a successor pursuant to Section 9 hereof. Custodian and Principal may enter into other agreements concerning the administration of the assets held under this Custodial Agreement. The Principal and Custodian acknowledge and agree that all such assets held in the custodial account shall be for the account and risk of Plan participants and beneficiaries, and any losses with such assets shall be borne solely by the Plan participants and beneficiaries thereunder. The Custodian shall have no discretion whatsoever with respect to the management, disposition or investment of the assets held in this Account. 5. LIMITATIONS ON DUTIES OF CUSTODIAN. The duties and obligations and rights of Custodian shall only be such as are specifically set forth in this Custodial Agreement, as it may from time to time be amended, and no implied duties or obligations or rights shall be read into this Custodial Agreement against the Custodian. Custodian is entitled to conclusively rely upon the direction of the Principal. In particular, Custodian shall have no duty to monitor the value of any investment or to make any investment decisions with respect to the property held hereunder. Custodian shall not be required to follow any direction of an Employer which is not provided through Principal, such grant of authority by Employer to Principal to provide direction to Custodian is the subject of other agreements to which Custodian is not a party. As long as and to the extent that it exercises reasonable care, Custodian shall not be responsible for the title, validity or genuineness of any property or evidence of title thereto received by it or delivered by it pursuant to this Agreement. Custodian shall be entitled to rely upon and may act upon advice of counsel (who may or may not be counsel for the Principal) on all matters, and shall be without liability for any action reasonably taken or 9mitted pursuant to such advice. 6. RECORDS AND REPORTS. Custodian shall create and maintain records relating to its activities and obligations under this Agreement. All such records shall remain property of the Custodian. Custodian shall have no duty to maintain any records concerning the balance in any particular Plan or in any Plan participant's account, that being the duty of the Principal. 7. LIABILITY LIMITATIONS. Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising our of or caused directly or indirectly by circumstances beyond its reasonable control, including without limitation: acts of God, earthquakes, fires, floods, wars, civil or military disturbance, sabotage, epidemics, riots, interruptions, loss or malfunction of utilities or communications service, accidents, labor disputes, acts of civil or military authority, governmental action , or inability to obtain labor, material, equipment or transportation. In no event shall the Custodian or its directors, officers, agents and employees be held liable for any special, indirect, punitive or consequential damages resulting from any action taken or omitted to be taken by it or them hereunder or in connection herewith even if advised of the possibility of such damage. 8. COMPENSATION AND EXPENSES. Custodian shall be entitled to receive compensation for its services and for reimbursement of its out of pocket expenses at such times and in such amounts as the Custodian and the Principal may, from time to time, agree. Such fees and expenses will be paid by Principal and only should Principal become delinquent will fees be paid out of the funds held under this Agreement as authorized by the Principal. 9. RESIGNATION, REMOVAL and SUCCESSION OF CUSTODIAN. The Custodian or Principal may terminate the Custodial Account agreement without assigning any cause, in writing, effective not less than ninety (90) days after receipt thereof, by the other party. No such resignation or removal shall be effective until a successor Custodian has been appointed by the Principal and has accepted such appointment and all assets in the Account have been duly transferred to such successor Custodian. If the Principal fails to name a successor Custodian within ninety (90) days after receipt of a written resignation from the Custodian, the Custodian shall have the right to commence an action in the nature of an interpleader (or other appropriate action) and seek to deposit the property in a court of competent jurisdiction. In case of the appointment of a successor Custodian, all of the powers, rights and duties of the Custodian named herein shall survive and continue in the successor Custodian and every successor Custodian shall succeed to, take and have all the powers, rights and duties which belonged to or were held by its predecessor. 10. ACCOUNTINGS. Custodian will provide to Principal statements with respect to the Account as a single account which will not reflect the interest of each section 457 Plan. Principal may approve any account or statement. Custodian shall have the right to have its accounts settled by judicial proceedings, if it so elects, in which event only Custodian and Principal shall 3 be necessary parties. Custodian may, however, in its discretion, join as defendant any other person or persons who may have or claim an interest therein. Except as otherwise provided under applicable law, only Principal may require Custodian to provide an accounting and only Principal may institute an action or a proceeding against Custodian. Custodian shall have no duty to provide any accountings or reports to any employer. 11. VOTING. Custodian shall promptly deliver or mail to the Principal all forms of proxies and all notices of meetings affecting or relating to Securities held in any custodial account established. Upon receipt of proper instructions, Custodian shall execute and deliver such proxies or other authorizations may be required. Neither Custodian nor its nominee shall vote any Securities or execute any proxy to vote the same or give any consent to take any other action with respect thereto absent proper instructions from Principal. Custodian shall release and deliver such Securities and take any other action as directed by the Principal, with respect to dividends, splits, distributions, spin-offs, puts, calls, conversions, redemptions, tenders, exchanges, mergers, reorganizations, rights, warrants or any other similar activity relating to the Securities. 12. TERNIINATION. This Custodial Account shall terminate the earlier of the date on which Principal determines that this Custodian Account no longer is necessary in light of any statutory or regulatory change to the set aside requirement set forth in Section 457(g) of the Code or a date one hundred days after the termination or redemption date of the last contract or mutual fund share held hereunder. Any assets remaining at the time of such termination or cancellation shall be returned to Principal, or be transferred to another party(ies) upon direction from the Principal. 13. GOVERNING LAW. The provisions of and validity and construction of this Custodial Agreement shall be governed by and construed in accordance with the laws of the State of Ohio and the Custodial Account created hereunder shall be administered in accordance with such laws. 14. SUCCESSORS and ASSIGNS. This Agreement and the rights and duties hereunder shall not be assignable by either of the parties hereto except Custodian may assign this Agreement to any of its affiliates. 15. AMENDMENTS. This Custodial Agreement may be amended from time to time by an instrument in writing executed solely by duly authorized officers of the Principal and Custodian. Amendments may be executed without the consent of any Plan, Employer or Plan participant. 16. NO THIRD PARTY BENEFIT. This Agreement is intended for the exclusive benefit of the parties to this Agreement, the participating Plans, the participants in such Plans and their beneficiaries, and their respective successors and assigns, and nothing contained in this Agreement shall be construed as creating any rights or benefits in or to any other party. 4 • _. 17. DISPUTE RESOLUTION AND ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach of the same, shall be settled through consultation and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail, the parties agree that any misunderstandings or disputes arising from this Agreement shall be decided by arbitration in Columbus, Ohio which shall be conducted, upon request by either party, before three (3) arbitrators (unless both parties agree on one (1) arbitrator) designated by the American Arbitration Association (the "AAA"), in accordance with the terms of the Commercial Arbitration Rules of the AAA and, to the maximum extent applicable, the United States Arbitration ACE (Title 9 of the United States Code), or if such Act is not applicable, any substantially equivalent state law. The parties further agree that the arbitrator(s) will decide which party must bear the expenses of the arbitration proceedings. 18. MEDIA RELEASES. No media releases of any kind to publicize the Account or relationship between the Employer, Custodian or Principal are permitted. No party shall use any trade name trademark, service mark or any other information which identifies the other party in its sales, marketing and publicity activities, including but not limited to interviews with representatives of any written publication, television station or network, or radio station or network. The Custodian and Principal may by joint action waive the restrictions of this Section; an Employer may seek a waiver by submitting a request through Principal. IN WITNESS WHEREOF, the parties hereto have caused this Custodial Agreement to be SIGNED, SEALED and DELIVERED at Columbus, Ohio on the date set forth above. PRINCIPAL: PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION By: Its: Pn2aent CUSTODIAN: BANK ONE TRUST COMPANY, N.A. By:. Its: 5 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 and, S RESOLUTION NO. 98-5944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING AND RESTATING THE DEFERRED COMPENSATON PLAN WITH HARTFORD WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby adopts the amended and restated deferred compensation plan document with Hartford as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY SUPPLEMENTAL 1g INFORMATION -1- • • RESOLUTION NO. 98-5945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ICMA DEFERRED COMPENSATON PLAN WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby amends and restates the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; -1- Plan. BE IT FURTHER RESOLVED that the Plan will not permit loans. BE IT FURTHER RESOLVED that the City hereby agrees to serve as trustee under the PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -2- RESOLUTION NO. 98-5946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO PEBSCO PLAN DOCUMENT. WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel;.and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby adopts Amendment No. 1 to the Pebsco Plan Document as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -1- RESOLUTION NO. 98-5947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND EXECUTING THE ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION WITH PEBSCO. WHEREAS the City of Hermosa Beach (City) has employees rendering valuable services; and, WHEREAS the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS the City has determined that the continuance of the deferred compensation plan will serve these objectives; and, WHEREAS amendments to the Internal Revenue Code have been enacted that require changes to the structure to and allow enhancements of the benefits of the deferred compensation plan. NOW THEREFORE BE IT RESOLVED that the City hereby adopts the approved and executed establishment of custodial account and life insurance transfer authorization with Pebsco as attached. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -1- • HONORABLE MAYOR and MEMBERS of the HERMOSA BEACH CITY COUNCIL //g December 1, 1998 Regular Meeting of December 8, 1998 SUBJECT: FINAL MAP #24920 (C.U.P. CON NO. 97-24 & PDP NO. 97-26) LOCATION: 844 - 846 15TH STREET APPLICANT(S): CRIS BENNETT REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL MAP FOR A 2 - UNIT CONDOMINIUM PROJECT Recommendation Staff recommends approval of Final Parcel Map #24920 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse the certificate for said map. Background The Planning Commission approved Conditional Use Permits for a two -unit condominium project and Vesting Tentative Parcel Map #24920 at their January 20, 1998 meeting. The projects are currently under construction and near completion. Process Once a map has been tentatively approved by the Planning Commission, copies of the tentatively approved map must be submitted to the L.A. County Engineer, who is contracted by the City, to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the date of tentative map approval to submit for final map approval. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council, "...if it conforms to all the requirements of [Subdivision Map Act] and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder...." pursuant to Section 66458(a) of the Subdivision Map Act. lh • • Analysis The staff has reviewed the Final Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. CONCUR: Sol Blumenfeld, Director Community Development Department Stephen R. Burre City Manager 2 Respectfully submitted, Robertson Associate Planner ffm844 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24920 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 844 - 846 15TH STREET, HERMOSA BEACH, CALIFORNIA. WHEREAS, the City Council held a meeting on December 8, 1998 and made the following Findings: A. This project will not violate any of the provisions of Sections 66427.1, 66474, 66474.1, and 66474.6 of the Subdivision Map Act; B. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code; C. The development of the property in the manner set forth on the subject division of land will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility rights-of-way and/or easements within the subject division of land; D. The approval of said map is subject to all conditions outlined in Planning Commission Resolutions P.C. No. 98-2 adopted after hearing on January 20, 1998. E. This project is Categorically Exempt pursuant to 15268(b)(3), "Approval of final subdivision maps", of the California Environmental Quality Act. NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, does hereby resolve as follows: 1. Pursuant to the recommendation of the Planning Commission and the recommendation of the County Engineer, the City Council does hereby grant final approval of Parcel Map #24920 in the City of Hermosa Beach, State of California, being a Subdivision of Lot 24, Heffner, Fiorini, Allen Tract, Recorded in Book 9, Page 106 of Maps, in the office of the County Recorder of Said County, for a two -unit condominium project on land commonly known as 844 - 846 15th Street, Hermosa Beach, California. PASSED, APPROVED, and ADOPTED this 8th day of December, 1998. PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY 3 ffm844rs • December 03, 1998 Honorable Mayor and Members of Regular Meeting of The Hermosa Beach City Council December 08, 1998 CITY HALL RENOVATIONS CIP 95-622 Recommendation: Approve $16,650 to Gillis & Associates for additional design work on the Council Chambers. Background: On August 12th staff met with the council sub -committee and made several changes to the interior renovations of the Council Chambers. Gillis & Associate's request for the additional fee is a result of the changes made by this sub -committee, and for dividing the project into two phases. Respectfully Submitted, Pete Bonano Fire Chief Attachment: 1. Proposal Con• r Step 511, : urrell City Manager OLLIS SSOCSSOCIATES C HIT EC TS 2600 MICHELSON SUITE 240 IRVINE CALIFORNIA - 92612 P 714.622.8232 F 714.622.8235 December 1, 1998 City of Hermosa Beach Proposed Extra Services Fee Outline Task 1. Develop Redesign of Council Chambers Drawings Reuse Architectural Drawings Gillis 24Hrs @ $95.00/HR Bauer 60Hrs @ $50.00/HR Specifications Research/Rewrite Specifications Gillis 24Hrs @ $95.00/HR English 16Hrs @ $40.00/HR Task 2. Split out Phases of the work. Drawings Revise Architectural Drawings Gillis 8Hrs @ $95.00/HR Bauer 32 Hrs @ $50.00/HR Specifications Research / Rewrite Specifications Gillis 16 Hrs @ $95.00/HR English 8 Hrs @ $40.00/HR 2,280.00 3,000.00 2,280.00 640.00 960.00 1,600.00 1,520.00 320.00 Architecture 12,650.00 Revise Electrical Drawings 2,000.00 Revise HVAC/Plumbing . 2,000.00 Total Task 1 and 2 16,650.00 • December 3, 1998 Honorable Mayor and Members of The Hermosa Beach City Council 7,,/y/97 Regular Meeting of December 8, 1998 Amendment to the ICRMA Joint Exercise of Powers Agreement Recommendation: That the City Council adopt the attached resolution amending the Joint Exercise of Powers Agreement with the Independent Cities Risk Management Authority (ICRMA), adding the City of Chino to the ICRMA pool, and re -designating the Governing Board Representative, Alternate Governing Board Representative and the Substitute Alternate Representative. Background: The Independent Cities Risk Management Authority (ICRMA) is a pool of 30 cities who are joined in agreement to share in the costs of purchasing and funding excess insurance and risk management services. The City of Hermosa Beach is a member of ICRMA for the purchase of excess liability, workers' compensation, and property insurance. In addition to excess insurance, ICRMA provides training and a variety of risk management services. The Governing Board is made up of a representative from each member city and meets monthly. An elected representative serves as the primary representative with staff members typically serving as alternates and substitute alternates. Currently, City Council Member Edgerton is the designated representative, the Personnel & Risk Management Director is the alternate representative and the Finance Director is the substitute alternate representative. Analysis: At a recent ICRMA Governing Board meeting minor changes were approved to the joint powers agreements and the City of Chino was approved for membership into the pool. These changes require that each individual City Council approve a revised agreement. In addition, ICRMA staff has requested that each member City confirm their designated representatives on the Governing Board. Attached is a memo from ICRMA general legal counsel, a "red -lined" copy of the revised agreement, and a resolution for adoption approving the above -referenced changes. Fiscal Imnact• There is no additional fiscal impact to the proposed change Respectfully Submitted, Mic fael A. Earl, Director Personnel & Risk Management C Stephen Burrell City Manager • • ICIVIVIIk INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY 14156 MAGNOLIA BLVD., SUITE 103, SHERMAN OAKS, CA 91423 • (818) 981-7076 • FAX (818) 784-1187 GOVERNING BOARD President Rosario Marin Huntington Park Vice President Francisco Alonso Monterey Park Secretary Marilyn A. Boyette Huntington Park Treasurer Steve Klotzsche San Fernando Paul Talbot Alhambra Gary Kovacic Arcadia Cristina Madrid Azusa Bette Lowes Baldwin Park George Cole Bell Glenn Duncan Chino Betty L. Cook Colton Richard A. Marcus Culver City Gary P. McCaughan, M.D. Downey Jack Thurston El Monte Kelly McDowell El Segundo Jan Flory Fullerton James W. Cragin Gardena Al Fishman Glendora Charles Bookhammer Hawthorne Sam Y. Edgerton Hermosa Beach Marcos Lopez Indio Jose Fernandez Inglewood Paul H. Richards Lynwood Jack Cunningham Manhattan Beach Robert T. Bartlett Monrovia Marilyn White Redondo Beach Donde Wysbeek San Fernando Henry C. Gonzalez South Gate Tom Thomas Upland Thomas A. Ybarra Vernon Michael R. Touhey West Covina Dave Butler Whittier Date: To: From: Subject: MEMORANDUM November 10, 1998 `=' lC Nn 1- Pzia 1998 Michael A. Earl, Director of Personnel/Risk Manageme City of Hermosa Beach Gregory J. Spiker, ARM, ICRMA Management Consultant AMENDMENTS TO THE ICRMA JOINT EXERCISE OF POWERS AGREEMENT AND THE ADMITTANCE OF THE CITY OF CHINO TO THE AUTHORITY At the August 1998 Governing Board meeting, the Board approved an Amendment to the ICRMA Joint Exercise Of Powers Agreement (JEOPA) and the admittance of the City of Chino to the Authority. Attached is a memorandum from Ken Brown, the ICRMA General Legal Counsel, providing a brief summary of the Governing Board's actions along with an Amended JEOPA and Resolution for Council approval. Please place these documents on your City's Council Agenda at your earliest convenience. We would like to complete this process by the end of December. After City Council approval, please send a certified copy of these documents to ICRMA. For the Amendment to the JEOPA, it is only necessary to return a certified copy of the signature page (which we have included for your city) and it will be incorporated into the master document with signature pages from all ICRMA Member Cities. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me. GJS:sl Attachments cc: The Honorable Sam Y. Edgerton, City of Hermosa Beach ADMINISTRATIVE/RISK MANAGEMENT CONSULTANTS KEN SPIKER AND ASSOCIATES, INC. David N. Smith; Consultant Gregory J. Spiker, ARM, Consultant PRIMA Ads kin.), Standards Recognition • • BROWN, WINFIELD & CANZONERI INCORPORATED 300 SOUTH GRAND AVENUE, SUITE 1500 LOS ANGELES, CALIFORNIA 90071-3125 TELEPHONE (213) 687-2100 / TELECOPIER 687-2149 MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF EACH MEMBER OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY FROM: J. KENNETH BROWN, GENERAL COUNSEL DATE: AUGUST 20, 1998 RE: APPROVAL OF AMENDED JOINT POWERS AGREEMENT This City is a member of the Independent Cities Risk Management Authority ("ICRMA"), a Joint Powers Authority created for the purpose, among others, of developing programs of insurance to protect this and other cities and to provide coverage against losses which arise out of Health Benefits, Liability, Property and Workers' Compensation Liability. On August 12, 1998, ICRMA's Governing Board approved the admittance of the City of Chino to membership in ICRMA, and also approved changes to the Joint Powers Agreement. A copy of the Amended Joint Powers Agreement showing the changes is attached, along with a Resolution which the City Council is asked to approve. The Resolution also confirms the identity of the representatives to the Governing Board and the alternate and substitute alternate if one has been designated. It is requested that the City Council: • Adopt the attached Resolution approving the City of Chino's admittance to membership and the changes to the Joint Powers Agreement; and • Confirm the identity of this City's representative to the ICRMA Governing Board, including the alternate and substitute alternate representative. Respectfully submitted, 7 enneth Brown JKB:dg Enclosures 27197.1 000602-9000 8/20/98 - 11:35 AM • • RED LINED COPY INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES El • • AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES 64/ fr" This agreement is executed by and among Municipal C1brporations, hereafter referred to as Member Cities, organized and existing under the la s of the State of California which are signatory to this Agreement and listed in Appendix "A", which is attached hereto and made a part hereof. This Agreement, dated , 4-998-, amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated July 9, 1997. RECITALS • This Agreement is predicated upon the following facts: A. The Member Cities are Municipal Corporations organized and operating under the laws of the State of California. B. The following State laws, among others, authorize the Member Cities to enter into this Agreement: 1. Labor Code Section 3700, permitting a city to fund its own Workers' Compensation claims; 2. Government Code Section 990, permitting a city to insure itself against tort or inverse condemnation liability; 3. Government Code Section 990.4, permitting a city to provide insurance and self-insurance in any desired combination; 4. Government Code Section 990.6, permitting the proper costs for self-insurance to be charged against each city and authorizing the Governing Board to make premium payments for such coverage in an amount such Governing Board determines to be necessary to provide such coverage; 5. Government Code Section 990.8, permitting two or more cities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500 -6515 et seq.; 6. Government Code Section 6500 et seq., permitting two or more cities to jointly exercise, under an agreement, any power which is common to each of them. NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and 18458. RED 000602-9000 4/13/98 - 10:49 AM - 1 - sa • • agreements set forth in this Agreement, the Member Cities agree as follows: ARTICLE 1. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, the Member Cities hereby create a public entity, separate and apart from the Member Cities., to be known as the Independent Cities Risk Management Authority, hereinafter referred to as the "Authority". Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member City. A Member City may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Manhattan Beach is restricted in its exercise of similar powers provided that, if the City of Manhattan Beach shall cease to be a Member City, then the Authority shall be restricted in the exercise of its power in the same manner as the City of San Fernando. If the City of San Fernando shall cease to be a Member City. then the Governing Board shall designate the appropriate Member City. ARTICLE II. PURPOSE. The purpose of creating this Authority is to exercise the powers of the Member Cities to jointly accomplish the following: A. Develop effective Risk Management Programs to reduce the amount and frequency of their losses. B. Develop Risk Management Programs of insurance to protect Member Cities from the effects of catastrophic or unexpected losses. Such programs shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property. C. Design Risk Management Programs of the Authority on a pooled or self-funded basis whereby the Member Cities share some portion, or all, of the costs of the program losses. D. Jointly purchase insurance, excess insurance, or reinsurance for the purpose of transferring risk of loss to commercial insurers. E. Assist Member Cities to secure a long-term financial base from the issuance of Certificates of Participation. The revenues generated from the Certificates of Participation will be used for the purpose of establishing and maintaining sufficient unencumbered financial reserves, thereby enabling the Authority to provide adequate protection to Member Cities against catastrophic, or greater than expected, -claims, and to attract major reinsurers for the purpose of transferring risk. :8459.RZD 000602-9000 4/13/98 - 10:49 AM 2 53 • F. Jointly secure administrative and other services including, but not limited to, underwriting, -risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes. ARTICLE III. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the By -Laws of the Risk Management Programs : A. "Agreement" shall mean this Agreement creating the Independent Cities Risk Management Authority. B. "Board" or "Governing Board" shall mean the governing body of the Authority. C. "By -Laws" shall mean the rules governing the management of each individual Risk Management Program . D. "Claim(s)" shall mean demand(s) made against the Member Cities arising out of occurrences which are covered or alleged to be covered by the Authority's Memorandums of Coverage, or policies of insurance. E. "Fiscal Year" shall mean the period of time commencing on July 1 of each year , and thereafter ending on June 30 each following year. F. "ICRMA" shall mean the Independent Cities Risk Management Authority created by this Agreement. G. "Insurance" shall mean insurance purchased by the Authority to cover losses for its Member Cities. H. "Member City" shall mean any Municipal Corporation or any Joint Powers Authority, whose membership consists only of Municipal Corporations, which is a party to this Agreement and is participating in one or more Risk Management Programs . I. "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Member Cities. J. "Program Year" shall mean a period of time, usually twelve months, in which each program shall be segregated for ease in determining coverage premiums. K. "Participation" or "Participating" shall mean a Member City has elected to jointly participate in the management of a specific risk and is a member of that Risk Management Program . L. "Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims. 18458.RED 000602-9000 4/13/98 - 10:49 AM 3 s4/ • M. "Risk Management Program " shall mean those coverage programs of risk sharing, insurance, and risk management services created by the Authority to manage specific Risk Management Programs, i.e. "Liability Risk Management Program". ARTICLE IV. PARTIES IQ AGREEMENT. Each Member City represents and warrants that it intends to, and does hereby, contract with all other Member Cities listed in Appendix "A", and any new members admitted to the Authority pursuant to Article XVII. Each Member City also represents and warrants that the withdrawal or expulsion of any Member City, pursuant to Article XIV or XV, shall not relieve any Member City of its rights, obligations, or duties under this Agreement. ARTICLE V. GOVERNING BOARD. The Authority shall be governed by a Governing Board comprised of one Representative from each Member City. The City Council of each Member City shall appoint a member of the City Council as the Member City's Representative to the Governing Board. Each Member City shall also designate an alternate Representative and may designate a substitute alternate Representative. The alternate Representative and the substitute alternate Representative, if appointed, may be a staff officer(s) of the Member City. Each Representative ef to the Governing Board has one vote. Either the alternate Representative or substitute alternate Representative, if appointed, may vote at meetings of the Governing Board -in the absence of the Member City's Representative. Immediately upon admission of a new Member City pursuant to Article XVII, the Member City shall be entitled to appoint to the Governing Board a Representative and an alternate Representative and, if desired, a substitute alternate Representative. A The Member Qily Representative'and/or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: (1) the Authority receives a written notice from the appointing Member City of the removal of the Member _Qity Representative or alternate Representative or substitute alternate Representative; (2) the expulsion or withdrawal of the Member City from this Agreement; (3) the death or resignation of the Member _Qily Representative; (4) the Authority receives the written notice from the Member City that the Member City Representative is no longer a member of the City Council of the Member City. Representatives and thcir The Member City Representative . and the alternate Representative, or substitute alternate Representative, if appointed, are not entitled to compensation. The Governing Board may authorize reimbursement of expenses incurred by the Representatives, or their Member City Representative, or the alternate Representative, or substitute alternate Representative. Pursuant to Government Code Section 6505.6, the Authority shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The Authority shall fix the amount of the fidelity bond to be filed by such public officer(s) and/or employee(s). :3458.?ED 000602-9000 4/13/98 - 10:49 AM 4 55 • • ARTICLE VI. BOARD MEETINGS AND, RECORDS. A. Regular Meetings. The Governing Board shall hold at least one regular meeting each quarter of each year. The Governing Board shall fix by resolution the date upon which, and the hour and place at which, each regular meeting is to be held. B. Ralph M. Brown Act. Each meeting of the Governing Board, including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code). C. Minutes. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept by the Secretary. As soon as possible after each meeting, the Secretary shall forward to each Governing Board member and each City Clerk copies of the minutes. D. Quorum. A majority of the members of the Governing Board is a quorum for the transaction of business. However, Tess than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action. ARTICLE VII. OFFICERS. The Governing Board shall elect a president and vice-president from among its members at its first meeting. Thereafter, in the last meeting in each succeeding fiscal year, the Governing Board shall elect a president and a vice-president. Each officer shall assume the duties of his office upon election. If either the president or vice-president cease to be a member, the resulting vacancy shall be filled at the next regular meeting of the Governing Board held after the vacancy occurs. In the absence or inability of the president to act, the vice-president acts as president. The president shall preside at and conduct all meetings of the Governing Board. The Governing Board shall appoint a secretary and a treasurer of the Authority who may, but need not be, a member of the Governing Board. The Governing Board may appoint such other officers as it considers necessary. ARTICLE VIII. POWERS. The Authority shall have the powers common to its Memper Cities and is authorized, in its own name, to do all acts necessary to exercise such common powers to fulfill the purposes of this Agreement referred to in Article II including, but not limited to, each of the following: A. Finance through the issuance of Certificates of Participation, or other instruments of indebtedness, self-insurance reserve funds necessary or convenient for the implementation of this Agreement. B. Incur debts, liabilities, and obligations. 18458.RED 000602-9000 4/13/98 - 10:49 AM 5 SCo • . C. Acquire, hold, or dispose of real and personal property. D. Receive contributions and donations of property, funds, services, and other forms of assistance from any source. E. Sue and be sued in its own name. F. Employ agents and employees. G. Acquire, construct, manage, maintain, or operate buildings, works, or improvements. H. Lease real or personal property, including that of a Member City. I. Receive, collect, and disburse monies. J. Invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601. K. Exercise all other powers necessary and proper to carry out the provisions of this Agreement. L. Develop and implement Risk Management Programs. M. Jointly purchase for the benefit of Member Cities, insurance, excess insurance, reinsurance, and enter into agreements for the benefit of Member Cities, for the purpose of transferring risk of loss to commercial insurers or reinsurers or other insurance pools. ARTICLE IX. RISK MANAGEMENT PROGRAMS . The Governing Board shall by resolution establish a Risk Management Program for each Coverage Program implemented by the Authority. Each Member City which elects to participate in a Risk Management ' ' ram will automatically become a member of that Risk Management Program . No program Rill Management ogram shall become operational, or possess any authority, until the proposed pfegfam Risk Management Program By -Laws have been approved • by the Governing Board. The voting on the approval of By -Laws shall be restricted to members of the Governing Board representing cities which are members of the particular Risk Management Program . A two-thirds vote of these members is required for approval of the By -Laws. On approval of the By -Laws, the various Risk Management Programs shall become operational and will have all of the powers specifically delegated to them by the Governing Board. When entering into any transactions authorized by the Governing Board, the program Risk Management Program shall use the program Risk Management Program title and refer to the Authority, i.e. a contract entered into by the Workers' Compensation Risk Management Program of the Independent Cities Risk Management Authority. 13458.RED 000602-9000 4/13/98 - 10:49 AM 6 s7 • • ARTICLE X. MEMBER CITY RESPONSIBILITIES. Each Member City participating in a Risk Management Program shall have the following responsibilities: A. To appoint or remove its member of the Governing Board as set forth in Article V. B. To appoint or remove its member to the Risk Management Program(s) . C. To approve amendments to this Agreement as set forth in Article XX. ARTICLE XI. BUDGET. The Governing Board shall adopt an annual budget as soon as possible for the first Fiscal Year and not later than thirty days prior to the beginning of each Fiscal Year thereafter. ARTICLE XII. ANNUAL AUDIT AND REVIEW. The Governing Board shall cause an annual financial audit of the accounts and records to be made by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions, and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted auditing standards. A report of each audit shall be filed as a public record with each of the Member Cities and also with the county auditor of the county in which each of the Member Cities is located. The report shall be filed within twelve months of the fiscal year under examination. The Authority shall pay all costs of such financial audits. ARTICLE XIII. ESTABLISHMENT AND ADMINISTRATION OF FUNDS. Funds of the Authority may be commingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis. Warrants shall be drawn to pay demands against the Authority. Said warrants shall be signed by both the President, Secretary or Treasurer and an agent, employee or general manager of the Authority. The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Program Year of the Risk Management Program. Subject to approval by the Governing Board, which approval shall not be unreasonably withheld, each Member City shall have the ability to determine in which Risk Management Program sl it wishes to participate. ARTICLE XIV. WITHDRAWAL. 13458.RED 000602-9000 4/13/98 - 10:49 AM 7 �� • • A. Any Member City which enters a Risk Management Program may withdraw from that Risk Management Program subject to the terms and conditions as set forth in the By -Laws of that particular Risk Management Program . B. A Member City is no longer a party to this Agreement upon its withdrawal from all of the Authority's Risk Management Programs. C. Any Member City which withdraws as a participant from any Risk Management Program pursuant to Section A of this Article shall not be permitted to renew participation in that Risk Management Program until the expiration of three years from the date of the Member City's withdrawal. ARTICLE XV. EXPULSION. The Governing Board may expel any Member City from a Risk Management Program at any time for material breaches of this Agreement or the Risk Management Program By .aws. Such expulsion must be approved by the Governing Board members representing Member Cities in that Risk Management Program or by the vote requirements for expulsion specified in the By -Laws. The withdrawal or expulsion of any Member City after the inception of its participation in a Risk Management Program shall not terminate its responsibility for the years that the Member City participated in any Risk Management Program. ARTICLE XVI. TERMINATION. This Agreement shall continue until terminated. However, it cannot be terminated until such time as all principal for the Certificates of Participation shall have been retired. Thereafter, this Agreement may be terminated by vote or written consent of two-thirds of the Member Cities provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing all claims, the distribution of assets, and any other functions necessary to conclude the affairs of the Authority. Upon termination of this Agreement, all assets of the Authority shall be distributed only among the Member Cities that have been participants in its Risk Management Programs, including any of those Member Cities which previously withdrew or were expelled pursuant to Articles XIV and XV of this Agreement, in accordance with and proportionate to their net premium payments made during the term of this Agreement. The Governing Board shall determine such distribution within six months after the last claim covered by this Agreement has been finalized. The Governing Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These powers shall include the power to require those Member Cities which were Risk Management Program participants at the time of any particular occurrence which was covered or alleged to be covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of any additional amount of premium deemed necessary by the Governing Board for the 13458.R2J 000602-9000 4/13/98 - 10:49 AM - 8 - s9 • • final disposition of all claims and expenses associated with such loss. ARTICLE XVII. NEW MEMBERS. With the approval of two-thirds of the Governing Board, any qualified city may become a party to this Agreement. Continuing or new membership is restricted to cities which are members of the Independent Cities Association and are located in the State of California. A city requesting membership shall apply by presenting to the Authority a resolution of the City Council approving this Agreement, as amended, and the individual Risk Management Program By -Laws that the city intends to join. The date that the applying city will become a Member City will be determined by the Governing Board. ARTICLE XVIII. LIABILITY OF THE AUTHORITY. Each Member City agrees to indemnify and save the Authority and all other Member Cities harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of any breach or default on the part of such Member City in performance of any of its obligations under this Agreement, or any act or negligence of such Member City or any of its agents, contractors, servants, employees or licensees with respect to this Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member City or their officers, employees, agents or contractors. The Representatives to the Governing Board and to each of the Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority and any member of the Governing Board, any member of thea Risk Management Program , and any employee of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth. ARTICLE XIX. NOTICES. Notices under this Agreement shall be sufficient if delivered to the office of the City Clerk of the Member Cities. ARTICLE XX. AMENDMENTS TO THIS AGREEMENT AND PROGRAM BY-LAWS. This Agreement may be amended at any time by vote of two-thirds of the Member Cities acting through their City Council. Amendments to the individual Risk Management Program By -Laws require two -third vote of the Governing Board members representing cities which are members of that Risk Management Program . :8458. RED 000602-9000 4/13/98 - 10:49 AM 9 • 1 ARTICLE XXI. SEVERABILITY. Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE XXII. AGREEMENT COMPLETE. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. ARTICLE XXIII. TERM OF AGREEMENT. This amended Agreement shall become effective upon the Authority receiving notice of the approval by the City Council of two-thirds of the Member Cities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Executed before me this day of , 199 City of By Title City Clerk City of 18458.RED 000602-9000 4/13/98 - 10:49 AM - 10 - (City Seal) 6l • • INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY 1. Alhambra 2. Arcadia 3. Azusa 4. Baldwin Park 5. Bell 6. Chino 7. Colton 8. Culver City 9. Downey 10. El Monte 11. El Segundo 12. Fullerton 13. Gardena 14. Glendora 15. Hawthorne 18458.RED MEMBER CITIES 000602-9000 4/13/99 - 10:49 AM " 11 16. Hermosa Beach 17. Huntington Park 18. Indio 19. Inglewood 20. Lynwood 21. Manhattan Beach 22. Monrovia 23. Monterey Park 24. Redondo Beach 25. San Fernando 26. South Gate 27. Upland 28. Vernon 29. West Covina 30. Whittier 6,a • I ICRMA:07/09/97 COMPARISON OF FOOTERS -FOOTER 1- 184r58.2 18458.3 000602-9000 2/18/08 4/13/98 - 10:49 AM -FOOTER 2- -1- 69 • This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : K:\DATA\DOCS\000602\9000\0018458.02 and revised document: K:\DATA\DOCS\000602\9000\0018458.03 CompareRite found 19 change(s) in the text CompareRite found 2 change(s) in the notes Deletions appear as Strikethrough text Additions appear as Double Underline text 2 3 4 • 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • RESOLUTION NO. 98- A RESOLUTION OF THE HERMOSA BEACH CITY COUNCIL APPROVING A AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FO INSURANCE AND RISK MANAGEMENT PURPOSES; APPROVING ADMITTANCE OF THE CITY OF CHINO TO MEMBERSHIP IN TH INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY; AND APPOINTIN REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMEN AUTHORITY AND THE SEPARATE RISK MANAGEMENT PROGRAMS WHEREAS, the City of Hermosa Beach is a member of the Independent Cities Risk Management Authority ("ICRMA"); and WHEREAS, the City of Chino has applied for membership in ICRMA; and WHEREAS, the admittance to membership of the City of Chino has been approved by the ICRMA Governing Board; and WHEREAS, the ICRMA Governing Board has recommended amendments to the Joint Exercise of Powers Agreement ("JPA"), a copy of wich amended JPA has been provided to this City Council; and WHEREAS, the JPA and the Health Benefits, Liability, Property and Workers' Compensation Risk Management Programs' By -Laws required that each member City appoint an elected official, by resolution, to serve on the ICRMA Governing Board, and to each of the separate Risk Management Programs in which this city is a member, along with an alternate to act in the Primary Member's absence; NOW, THEREFORE, the City Council of the City of Hermosa Beach does hereby find, determine and declare as follows: 1. This City Council does approve the amended JPA as approved by the ICRMA Governing Board and as presented to this City Council; 2. This City Council does hereby approve the admittance of the City of Chino as a member of ICRMA; 3. This City Council does hereby appoint Sam Edgerton, City Council Member, to serve as the primary Governing Board representative on the ICRMA, Michael Earl, Personnel and Risk Management Director, to serve as the alternate representative, and Viki Copeland, Finance Director, to serve as alternate representative. These appointees shall also act as the city's representatives to Health Benefits, Liability, Property and Workers' Compensation -Risk Management Programs of which this city is a member. RESOLVED FURTHER, that the City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. Page 1 1 2 3 • • RESOLVED FURTHER, that a copy of this resolution shall be forwarded to the Independent Cities Risk Management Authority. PASSED, APPROVED AND ADOPTED THIS DAY OF DECEMBER 1998, MAYOR OF THE CITY OF HERMOSA BEACH APPROVED AS TO FORM: City Attorney ATTEST: City Clerk Page 2 • ACTION SHEET AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS December 3, 1998 7:00 P.M. Peter Tucker Sam Perrotti Ron Pizer Carol Schwartz Chris Ketz 1. Pledge of Allegiance Chairperson 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 November 17, 1998 minutes ACTION: APPROVED (5-0). 4. Resolution(s) for adoption a) Resolution P.C. 98-68 approving a Precise Development Plan to convert an existing single family dwelling to a duplex and to add 534 square feet at 1734 Prospect Avenue. ACTION: APPROVED (5-0). 5. Item(s) for consideration NONE Section H 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. SUPPLEMENTAL INFORMATION • • Section III Public Hearing(s) 7. CON 98-21/PDP 98-26 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25177 for a two -unit condominium at 1036 Monterey Boulevard (continued from October 20 and November 17, 1998 meetings). Staff Recommended Action: To approve said request. ACTION: APPROVED WITH MODIFICATIONS: (1) RAISE ARCHITECTURAL PROJECTION 36" ABOVE FLOOR. (2) CHANGE 3/4 BATH - NO TUB, WITH ENCLOSURE. (3) NO SIDE -YARD DOOR (5-0). 8. CON 98-26/PDP 98-31 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25321 for a two -unit condominium at 141-143 Manhattan Avenue. Staff Recommended Action: To continue to January 19, 1999 meeting. ACTION: CONTINUED TO 1/19/99 MEETING (5-0). 9. PARK 98-3 -- Parking Plan amendment to expand the available floor area for dining without adding parking at 117 Pier Avenue, Seafood Grotto. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: APPROVED; APPLICANT TO WORK WITH STAFF TO RECONFIGURE EQUIVALENT SQUARE FOOTAGE OF RETAIL AND RESTAURANT SPACE (5-0). 10. CON 98-25/PDP 98-30 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #25320 for a two -unit condominium at 1619 & 1625 Prospect Avenue. ACTION: APPROVED WITH MODIFICATIONS: (1) AREA DRAIN IN THE BACK YARD AND SUMP PUMP. (2) NO TRASH AREA IN SIDE -YARD, PUT IN GARAGE. (3) SAVE TREES WHERE POSSIBLE, AND ADD TREES ALONG REAR. (4) NO SIDE DOOR (5-0). 11. PDP 97-13/PARK 97-4 -- Precise Development Plan and Parking Plan amendment Resolution No. 97-51 to eliminate Condition No. 7 and Condition No. 10 relating to convex mirror and speed bump at 1100 Pacific Coast Highway, Starbucks Coffee. Staff Recommended Action: To approve said request. ACTION: APPROVED (5-0). Section IV Hearing(s) 12. NR 98-12 -- Nonconforming Remodel for a 250 square foot expansion to an existing nonconforming use duplex with only one parking space per unit at 132 Longfellow Avenue. Staff Recommended Action: To approve said request. ACTION: APPROVED (4-1; COMM. KETZ NO). 13. NR 98-13 -- Nonconforming Remodel for expansion of 250 square feet to an existing nonconforming duplex with less than required parking at 733 30th Street. Staff Recommended Action: To approve said request. ACTION: APPROVED WITH MODIFICATION TO ADD REDUCED FENCE HEIGHT AND OBTAIN BUILDING PERMIT (5-0). 2 • 14. NR 98-14 -- Expansion and remodel to a nonconforming building, resulting in a greater than 50% increase in valuation at 1850 Manhattan Avenue. Staff Recommended Action: To approve said request. ACTION: APPROVED WITH MODIFICATION TO HAVE SUMP PUMP/HOLD HARMLESS FOR GARAGE (4-1; COMM. KETZ NO ). 15. LLA 98-2 -- Lot line adjustment at 927 8th Street. Staff Recommended Action: To approve said request. ACTION: APPROVED (5-0). 16. S -4(r) -- Request for approval to allow a mural sign as an exception to sign requirements at 1242 Hermosa Avenue, Fernando's. Staff Recommended Action: To direct staff as deemed appropriate. ACTION: APPROVED WITH MODIFICATION TO REMOVE NAME FROM MURAL (5-0). Section V 17. Staff Items a. Memorandum regarding clarification of condition for a two -unit condominium at 1509 Manhattan Avenue. ACTION: APPROVED (4-0, COMM; KETZ ABSTAINED). b. Community Development Department Activity Report of October, 1998. c. Tentative future Planning Commission agenda. ACTION: RECEIVED AND FILED 17b & 17c. 18. Commissioner Items 19. Adjournment 3 / Date: To: Honorable Mayor and Members of the City Council From: Sol Blumenfeld !rector, Community Development Department Subject: 12/3/98 Planning Commission Action Minutes • • CITY OF HERMOSA BEACH MEMORANDUM December 2, 1998 The Planning Commission meets on Thursday, December 3, 1998, and the action minutes from the meeting will be provided to you on Monday, December 7, 1998. f:\b95\cd\memo2 1k • /eVoY December 2, 1998 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council December 8, 1998 CONTRACT ADMINISTRATION/INSPECTION - GREENBELT IMPROVEMENT CIP PROJECT NO. 96-508 Recommendation: It is recommended that the City Council: 1. Approve the payment of $9,950.00 to AAE Consultants for contract Administration/ Inspection services rendered in association with the Greenbelt Improvement Project. Background: On September 14, 1998, staff engaged the services of AAE Consultants to provide contract administration/inspection services for the Greenbelt Improvement Project for a fee of $7,500. This was done in accordance with the approved informal request for proposal (RFP) process. Please see attachments. The services were needed to cover the void created by the unanticipated departure (9/10/98) of J. Mankawich, C.I.P. Engineer. Staff selected to use the informal RFP process because it was anticipated that 150 hours of contract administration/inspection services would be sufficient because the project was scheduled to be completed by October 9, 1998 and full-time inspection was not needed. However, the project fell behind schedule. As a result, the total hours of services ended up being 349 hours of full-time inspection. Analysis: The two critical tasks that consumed most of the construction time were construction of the ramp across from Hermosa Valley School and installation of the irrigation system. • Ramp - The original estimated time for completion of the ramp in front of Hermosa Valley School on Valley Drive was 15 days. The actual time to complete is approximately 90 days, due to delays to correct defective work. • Irrigation - The original expected time of completion for the irrigation from the contractor's schedule was 20 days. This was a gross error on their part. The work started July 23`d and wasn't completed until October 26th. It took approximately 95 days to complete the work. 1 u • • During the period between September 14 and November 16, 1998, a number of critical tasks were underway requiring full-time inspection by AAE because the contractor was having difficulty with the schedule and task assignments. At the same time, other projects and assignments were competing for staff's time. Consequently, staff inadvertently allowed AAE's contract to exceed the $7,500 by $9,950 taking the total amount due to AAE to $17,450. Fiscal Impact: Since the $17,450 exceeds the $10,000 maximum for the informal process, it will be necessary for Council to approve the payment of $9,950. Sufficient funds are in the project budget, therefore, no additional appropriation is required. Attachments Respectfully submitted, e //024Gt), a Harold C. Williams, P.E. Director of Public Works/City Engineer Noted for Fiscal Impact: unavailable for signature Viki Copeland Finance Director Concur: Stephen R: rrell City Mana_., 2 BC/F/B95/pwfiles/ccitems/CIP96508.doc /..r To: Finance Director From HAROLD C. WILLIAMS Director Signature Department of PUBLIC WORKS Please issue a Contractor's purchase order to the following: AAE CONSULTANTS •CITY OF HERMOSA BEACIP REQUEST FORM FOR CONTRACTS AND ON-GOING SERVICES Date: 09/14/98 VENDOR NAME 271 E. IMPERIAL HWY, SUITE 641 VENDOR ADDRESS FULLERTON CA 92835 CITY STATE ZIP 714/871-0700 SID MOUSAVI VENDOR CONTACT TELEPHONE NO. CHARGE TO ACCOUNT #: 126-8508-4201 This request is authorized by the following: City Council Approved Contract (Attach Copy) Date of Approval Contract Amount 7,500 Signed Agreement (Attach Copy) Approved Lease (Attach Copy) On -Going Professional Services Estimated Annual Amount Provider Description of Service: Please See Attahcment FINANCE USE ONLY: PURCHASE ORDER # FINANCE DIRECTOR CITY MANAGER DATE DATE Invoices relating to the above services will be forwarded to the requesting department for approval and assignment of an account number. c\sri\forms\newPo3 4Account iraSM OyP: AA& ran k) COMPANY ADDRESS: 27 E CITY, STATE: TELEPHONE : 7/'1 d 7I 07 0 0 QUOTE BY : S 101 M OcA S a V BUSINESS LICENSE: YES NO -DELI,Y CHARGE:YES EXPECTED DEL DAT OUT OF STAT TAX ADDED NO REQUES' YES CONTRACTORS 0LY: YES WORKERS COMP INSURANCE NO (CONTRACTORS, LOCAL DELIVERY; B) COMPANY.: C M t ADDRESS: 3(! i Thdu 5av 4 Da,kz.i36Ve,surit<<2- CITY, STATE: J/V'S' /DA/ k V Pi/C119t362. TELEPHONE : g05. '. -4q1 6 "JS 3 QUOTE BY: • t4-0fC e'18)5 La . BUSINESS LICENSE: YES NO xj DELIVERY CHARGE:YES NO EXPECTED DEL DATA: OUT OF STruTE� V�'�jOR : REQUES' TAX ADDED O Ii CE YES CONTRACTORS ONLY : YES WORKERS COMP INSURANCE NO (CONTRACTORS, LOCAL DELIVERY; C) COMPANY : �t YV tAW - GYLSt.�1T4 ADDRESS : /S 2 4G tAA-11D/YYe.t3tv't ,S(A cki CITY,STATE :i)r►6i 4,t,1 Chi 470 0 TELEPHONE: NO 970 -- D06 QUOTE BY : ridP. [ ( BUSINESS LICENSE: YES NOX_ DELIVERY CHARGE:YES NO EXPECTED DEL DATE: OUT OF. S TAX AD NDORS : REQUE: VOICE YES CONTRACTOR ONLY: YES WORKERS COMP INSURANCE NO (CONTRACTORS, LOCAL DELIVERY. "ITEMS !PRODUCT DESCRIPTION 150 � VENDOR A EACH TOTAL VENDOR. B 1 VENDOR C EACH ITOTALI EACH TOTAL i' 000168 . 10 700. 114sre on DELIVERY TAX VEh"DOR TOTALS ,,DD � .jj1e REQUESTED BY: phIrfrtredi 171 SOD ; � Doc DATE : q/J // �� 0 • 1IORIVIOZ VAHID Field Inspector EDUCATION: B.S. in Civil Engineering/1980 Texas A & M University, Kingsville Completed Surveying/Mapping Courses Orange Coast Community College, CA Completed CADD Courses Saddleback College, Mission Viejo, CA CERTIFICATIONS: Deputy Inspector # 561, City of Irvine concrete, steel, masonry, & asphalt Moisture Density Nuclear Gauge Certification - Troxler Laboratories Final inspection Orientation Certificate California Governor's Office of Emergency Services SUMMARY: Mr. Vahid has over 17 years experience with an effective combination of education and practice in Civil Engineering. His experience covers both design and field engineering such as: site preparation graaing and drainage, roadways/streets, water and wastewater systems, utilities, and storrn water facilities. In the Meld he has been responsible for coordinating contractors, providing inspections, review of shop drawings and contractor invoices, and coordinating change orders and completion documents. He is knowledgeable in computer applications for civil engineering projects, including such software as: Microsoft Word, Excel), Intergraph Microstation and Power -Point for Windows as well as others. EXPERIENCE: Representative of Mr. Vahid's experience are such project activities as: • • Member ofthe design team and provided field engineering for the reconstruction of Rhodes Lane in the City of Baldwin Park, involving the demolition of existing improvements, paving, curbs and gutters, driveway aprons and street lighting. aY, • Design Ensetr otion inspectionsa 3.5 mile forincludingg co grading, drainage, paving, curbs/gutters, signing and striping. • Performed on-site material testing, during the rough and fine grading, for land development projects, prepared daily technical reports, and geotechnical compliance assessments. • Served with the California Office of Emergency Services with responsibility for inspecting and assessing government facilities damaged by the Northridge earthquake and the Winter storms of 1995, and prepared and processed Disaster Survey Reports (DSR). • Project Engineer for land improvement projects including responsibility for the field inspections during construction covering grading, drainage and storm drains, utilities and roadways, water and sewer systems, and obtained permits and clearances from governmental agencies. • Field Engineer -for repairs/recostructure nstructionof an existing P along Northridge damaged duringthe earthquake of January 1894. • Design Engineer for the new ARCO- am/pm station civil site pians and access street modifications with responsibilities covering the field engineering during construction. 09/10/98 10:23 AAS. Consultants TX/RX N0.6421 P.002 CITY OF HERMOSA BEACH MEMORANDUM DATE: DECEMBER 3, 1998 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN BURRELL, CITY MANAGER RE: RESOLUTION CONCERNING CITY COUNCIL FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT The resolution and exhibits will be forwarded to you and available for public review in the City Clerk's office on Monday, December 7, 1998. 1 m RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH MEMORIALIZING ITS FINDINGS REGARDING THE RISK OF HAZARD ASSOCIATED WITH THE MACPHERSON OIL PROJECT The City Council of the City of Hermosa Beach does hereby resolve as follows: Section 1. Background. A. The City and Windward Associates/GLG Energy, L.P. (acting on behalf of Macpherson Oil Company)("Macpherson") entered into Oil and Gas Lease No. 2 on or about January 14, 1992 to allow, subject to approval and issuance of all required permits, for oil exploration and drilling on a City -owned lot and tidelands under the City's control ("the project"). B. Macpherson subsequently obtained approvals for the project from the City (Conditional Use Permit No. 93-5632, August 12, 1993), the State Lands Commission (April, 1993, reaffirmed on March 8, 1994), and the California Coastal Commission (Coastal Development Permit No. E-96-28, February 4, 1998). C. In the course of the Coastal Commission's consideration of the above -referenced permit, issues were raised concerning the safety risks associated with and the adequacy of conditions of the project pertaining to hydrogen sulfide concentrations in the gas likely to be produced by the drilling operation, and the thoroughness of the hazard analysis prepared in connection with the project on behalf of Macpherson by Reese - Chambers System Consultants. The Commission staff engaged the services of A. D. Little to review and comment on the Reese - Chambers hazard analysis to assist the Commission's consideration of the project. D. Following the Commission's approval of Coastal Development Permit No. E-96-28, questions lingered as to the adequacy of the City's conditions of approval pertaining to hydrogen sulfide levels. In response to those concerns, and in order to be certain that nothing of significance had been overlooked, the City Council on February 10, 1998, engaged the services of the Aspen Environmental Group to perform a risk analysis of the project, with an emphasis on the hydrogen sulfide issue. E. Aspen produced a report dated April 2, 1998 prepared in large part by its subcontractor, system safety expert Dr. Frank Bercha ("the Aspen report"). Macpherson and other interested a753.mj 1 SUPPLEMENTAL 1 ni INFORMATION • • parties were afforded an opportunity to review and comment on the report. The report was presented to the City Council on April 14, 1998. It concluded that, while the hydrogen sulfide risk was mitigable, both the EIR and previous hazard analyses which had been prepared analyzing the project by Reese -Chambers and A.D. Little were inadequate, finding as follows: 1. "No quantitative analysis or representation of the public risk was conducted." (Aspen Report, at page 2). 2. "As illustrated on Attachment G of the enclosed risk assessment critique, the risk assessment conducted for the project included a risk profile that represents all of the various types of accidents that could occur at the proposed facility. This risk profile falls within the 'Grey Region.' This classification is considered significant, but acceptable if mitigated to the maximum extent feasible, preferably to a level of insignificance (ADL 1997]. However, as illustrated on Attachment G, the risk profile has been corrected to reflect errors in interpretations of event frequencies and number of fatalities. As presented on Attachment G, the revised risk profile associated with the project increased, but still falls within the Grey Region. However, as noted above (Results of Risk Assessment Critique), the risk assessment conducted for the Macpherson Oil Project understated, neglected, and/or erroneously evaluated some of the various individual risk factors that collectively result in the risk profile. Until the risk assessment is corrected, it cannot be concluded if the resultant risk profile 1) falls within the Grey Region, but can be mitigated to a level of insignificance, 2) -falls within the Grey Region, but cannot be mitigated to a level of insignificance, or 3) exceeds the De Manifestis threshold (this classification is considered unacceptable, and the proposed development or activity should not proceed unless mitigation can be instituted that successfully reduces the risk to below this level)." (Aspen report at page 3). 3. "As noted above, until the risk assessment is corrected, it cannot be concluded with certainty if the resultant risk profile will be considered acceptable with respect to the risk analysis thresholds utilized for the risk assessment." (Aspen report at page 3). 4. "If the resultant risk profile either exceeds the De Manifestis threshold, but can be reduced into the Grey Region with mitigation, or falls within the Grey Region, but cannot be mitigated to a level of insignificance, a determination by the City must be made if this resultant risk is acceptable." (Aspen report at page 3). The report recommended "that a thorough concept safety evaluation for the facilities be conducted utilizing currently a753.mj 2 • • accepted risk analysis methodologies in the areas of hazard assessment, frequency analysis, consequence modeling, risk assessment and that generally accepted risk thresholds in the form of individual and collective risk measures be applied to assess acceptability of the risks thus generated." In other words, after reviewing all previous studies of this project (including the EIR), Aspen concluded that the actual risks posed by the project had been understated and inaccurately ascertained, and that to truly understand the potential hazards, it was necessary to apply a more detailed methodology to the most current information available. F. Confronted with this information, and in view of the proximity of the project site to residences, businesses, public streets and a heavily used linear park (the Valley/Ardmore corridor greenbelt), the Council on April 14, 1998 authorized Aspen to prepare the recommended safety evaluation. Macpherson and other interested parties provided written comments on the proposed scope of work, which were incorporated into the scope. The scope of work included the following new studies and information, not previously performed and never before available to the City: 1. Identify; and incorporate probabilities of worst case atmospheric conditions; which would result in the largest hazard zone; 2. Model low level hydrogen sulfide concentrations resulting from process releases; 3. Incorporate into consequence modeling the effects, of proposed perimeter walls; 4. Quantify risks associated with the existing facility and compare with project risks; 5. Quantify collective (or societal) risk based on current population; 6. Explain significance of collective risks in terms of risk spectrum thresholds, and compare with other California jurisdictions; and 7. Calculate integrated individual and collective risks over the 30 -year life of the project. In addition, the study was to reassess well blowout, process, pipeline and vehicle accident frequencies. G. A stakeholders meeting, which included representatives from Macpherson and other interested parties was conducted on July 8, 1998, at which the parties commented on a preliminary draft of the report. Additional analysis was conducted a753.mj 3 in response to those comments. H. A final draft of the comprehensive safety evaluation prepared by The Aspen Environmental Group/Bercha International, Inc. ("the Bercha report") was submitted to the City on August 28, 1998. The report was forthwith transmitted to Macpherson and other interested parties, and a properly noticed hearing on the report scheduled for September 17, 1998. Macpherson responded to the report in writing, in a letter from its attorneys Bright & Brown dated September 16, 1998. The Bercha report was transmitted to the City Council and considered at a duly noticed public hearing conducted on September 17, 1998, at which considerable testimony, both written and oral, was presented to the Council. Section 2. Findings. Based on the evidence received, both written and oral, including the Aspen report, the Bercha report, and all correspondence by and on behalf of Macpherson and other interested parties, the City Council finds as follows: A. The Bercha report concludes that: 1. The project falls within the "grey region" meaning that risks associated with the project are significant and all practical means should be used to reduce or eliminate them. 2. The most serious risk presented by the project would be escape of a methane gas vapor cloud, which if ignited, would cause a catastrophic conflagration affecting the entire neighborhood surrounding the project site. 3. Over the thirty year life of the project, two major releases, one rupture and 31 leaks are anticipated; there exists a 4% likelihood of an offsite flash fire with potential for casualties; a 1 in 7,000 chance exists of one or more off-site fatalities; and a 1 in 700 chance exists that an off-site injury to members of the public will result from the oil drilling project, given the proximity of the project site to residences, businesses, streets and the linear park. 4. Though the project, if operated according to industry safety standards, would be as safe as comparable operations, its setting in a medium density urban, commercial and residential location poses risks, which cannot be mitigated to a level of insignificance. B. No evidence was submitted to contradict the foregoing findings. Section 3. Conclusions. a753.mj 4 • • A. No quantitative risk analysis of the project had been done prior to the Bercha report, and no such information had ever before been presented to or considered by the City, nor by the Coastal Commission. The report contains new information about the risk of hazard to the community associated with the project. B. The proximity of the project to sensitive land uses heightens the risk of injury in that an accident would have catastrophic and potentially fatal results to innocent persons in the immediate surrounding area. C. The project presents an unreasonable risk of harm to persons who live, work and recreate in close proximity to the project site, a risk described by Dr. Bercha in his September 17, 1998 testimony as "substantial." (Transcript, Ex. B at 13.) D. Those who live and work in proximity to the project site should not be forced to live in perpetual fear of occurrence of a catastrophic and potentially fatal event. Passed, Approved and Adopted this 8th day of December, 1998. Attest: City Clerk a753.mj 5 Mayor and President of the City Council • • December 2, 1998 City Council Meeting December 8, 1998 Mayor and Members of the City Council ORDINANCE NO. 98-1187 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2." Submitted for adoption and waiver of full reading is Ordinance No. 98-1187, relating to the above subject. At the meeting of November 24, 1998, this ordinance was presented to Council for consideration and was introduced by the following vote: AYES: NOES: ABSENT: ABSTAIN: Noted: Bowler, Oakes, Reviczky Edgerton, Mayor Benz None None Stephen R. City Manager Elaine Doerfling City lerk ORDINANCE NO. 98-1187 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT #2 The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. An application was filed by Thomas J. Engelbach owner of property at 731 4th Street seeking to amend the General Plan Map and the Zoning Map for the subject property. SECTION 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the application for a General Plan Amendment and. Zone Change on October 20, 1998, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission. SECTION 3. The City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission to approve the requested General Plan Amendment and Zone Change, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 4. Based on evidence received at the public hearing, the City Council makes the following factual findings: 1. The property is designated Commercial Corridor on the General Plan Map, and S.P.A. 7 (Commercial Specific Plan Area) on the official City Zoning Map as a result of the Multi -Use Corridor study in 1989. The S.P.A. 7 zoning for the site allows commercial expansion of P.C.H. fronting commercial property but does not permit a free-standing commercial use with frontage on 4th Street. It also allows -1- continuation of the existing single-family residential use (including expansion or reconstruction into a much larger dwelling). 2. The requested change will reduce the depth of the commercial designated property, as measured from P.C.H. westward, from 180 feet to 140 feet, and replace the commercial designations on the subject property to allow residential development for up to two units consistent with the Medium Density Residential classification of the General Plan and the R-2 Zoning district in the Zoning Ordinance. 3. The property at 731 4th Street has been in continuing use as a single-family residential use since the 1920's. It was changed from a designation of Multi -Use Corridor of the General Plan, and R-3 multi -family residential with a commercial potential overlay to Commercial Corridor and S.P.A. 7 in 1989. 4. The adjacent property to the north is designated on the General Plan and Zoning Maps for commercial purposes to a depth of 130 feet, and to the south to a depth of 150 feet. 5. Surrounding property to the north, south and west is designated Medium Density Residential on the General Plan and Zoned R-2, which allows residential development up to a density of 24 units per acre, and is currently developed with a mix of single and multi -family uses in which the current density ranges from 15 - 33 units per acre. SECTION 5. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the General Plan Amendment and Zone Change: 1. The General Plan Amendment and Zone Change will recognize the current land use of the subject property and current market conditions which have not supported or created an interest in expanding commercial development to include this location, and will allow the development of a appropriate residential land use consistent with surrounding properties. 2. The subject property to be redesignated is appropriate for residential use as it is abutted by residential uses to the north and across 4th Street to the south, and located in an area -2- which is predominantly residential in character. A residential use of the subject properties will be more compatible to surrounding residential uses than a potentially more intensive commercial use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent with designations to the west of the subject property, and will allow two units on the subject property consistent with surrounding residential development. 3. The City Council concurs with the Planning Commission and Staff Environmental Review Committee's recommendation, based on their Environmental Assessment/Initial Study, that this project will result in a less than significant impact on the environment, and therefore qualifies for a Negative Declaration. SECTION 6. Based on the foregoing, the City Council hereby ordains that the Land Use Map of the General Plan, and the City's Official Zoning Map be amended as follows: 1. Amend the Land Use Map of the General Plan by changing the property described below, and shown on the attached map, from Commercial Corridor to Medium Density Residential, and amend the Zoning Map by changing the properties, as described below and shown on the attached map, from S.P.A. 7 to R-2 Two -Family Residential: 731 Pacific Coast Highway, legally described as lot 5, W.F. Thornes Hillside Tract #2 SECTION 7. 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 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. -3- • SECTION 9. 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 24th day of November, 1998, by the following vote: AYES: NOES: AB STAIN: AB SENT: PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY • • December 2, 1998 City Council Meeting December 8, 1998 Mayor and Members of the City Council ORDINANCE NO. 98-1188 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED OR REPLACED." Submitted for adoption and waiver of full reading is Ordinance No. 98-1188, relating to the above subject. At the meeting of November 24, 1998, a supplemental ordinance was presented to Council for consideration and was introduced by the following vote: AYES: NOES: ABSENT: ABSTAIN: Noted: Bowler, Edgerton, Oakes, Reviczky Mayor Benz None None Stephen R. Bur e City Manager Elaine Doerfling, City Jerk ORDINANCE NO. 98-1188 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on September 15, and October 20, 1998, to consider amendments to the Zoning Ordinance regarding existing stairs located in required yards; at which testimony and evidence, both written and oral, was presented to and considered by the Commission. SECTION 2. The City Council conducted a duly noticed public hearing on November 24, 1998, to consider the recommendation of the Planning Commission, at which testimony and evidence, both written and oral, was presented to and considered by the Council. SECTION 3. Based on the evidence considered at the public hearing, the City Council makes the following findings: 1. Many older buildings with the main living area above grade or on a second floor are entered from an exterior stairway. Though legally constructed pursuant to the Uniform Building Code (UBC) and zoning requirements at the time, these stairs now are located in required yards, and are therefore considered "nonconforming". 2. Often these stairs provide the only access to a dwelling unit, or required secondary access. 3. The stairs are typically constructed of wood and, therefore, do not comply with current fire safety requirements of the UBC. 4. While limited repair is permitted under the Nonconforming Ordinance and the Building Code, in most cases a complete replacement is the safest and best option. However, even if the stairs are reconstructed to comply with the UBC (i.e. constructed of metal or -1- 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • concrete), it may not be feasible to reconstruct the stairs in compliance with zoning requirements or other UBC requirements such as required width. 5. Allowing an exception for existing nonconforming stairs will resolve the problem of stairs which have deteriorated or been damaged beyond any possibility of repair and need to be replaced and will also allow property owners who may desire to replace wooden stairs with safer metal or concrete stairs. 6. Without an exception, major and costly remodeling of a structure would be necessary to replace access to dwellings that may be lost due to a deteriorated or damaged stair, and there is no incentive to fully replace older stairs with safer non-combustible stairs. SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17 -Zoning, be amended as follows: 1. Amend Section 17.46.100 and 17.46.110 for clarification purposes to read as follows: "17.46.100 Balcony encroachments into front yard areas. An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven feet above finished grade. 17.46.110 Stairway encroachment into yard areas. A. Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions. B. Front Yards: An unenclosed stairway or uncovered steps leading from grade to the first floor level may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line." 2. Amend Section 17.52.030 (B) "Nonconforming Buildings", under sub -section 2. "Expansion/remodel allowed" by adding the following additional paragraph "f' to read as follows "f. Existing nonconforming stairways: Existing nonconforming stairways that encroach into required yard areas and that provide legally required access to legal dwelling units, may be fully reconstructed if beyond repair, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in conformance with Chapter 34 of the Uniform Building Code; shall be constructed of non-combustible materials; shall conform to handrail, guardrail, tread depth, and riser requirements; and, shall not contain storage areas below. No replacement of said stairways shall be allowed in conjunction with an expansion and/or remodel project that exceeds a 50% increase in replacement cost to existing buildings on the site." SECTION 5. 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 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. -3- SECTION 7. 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 8th day of December, 1998, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PRESIDENT of the City Council and Mayor of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY -4- • Honorable Mayor and Members of the Hermosa Beach City Council December 1, 1998 G Regular Meeting of December 8, 1998 / eY/-Y7 SUBJECT: CONDOMINIUM 98-15 PRECISE DEVELOPMENT PLAN 98-20 VESTING TENTATIVE PARCEL MAP #25226 LOCATION: 228-230 ARDMORE AVENUE APPELLANT: ASENKA AND EDITH NITZOW 508 S. CATALINA AVE. REDONDO BEACH, CA 90277 REQUEST: APPEAL PLANNING COMMISSION CONDITIONS OF APPROVAL. Planning Commission Recommendation To sustain the decision of the Planning Commission by adopting the attached resolution. Background The Planning Commission originally considered the project on August 18, 1998 and directed that the applicant work with staff to revise plans relative to lot coverage, guest parking and elimination of separate access to the basement area in order to eliminate the potential for creating a bootleg dwelling unit. The Commission also requested changes relating to accessibility of open space and reducing the building mass and scale so that the project was more consistent with the neighborhood. The subject site is located on the east side of Ardmore Avenue, between 2nd and 3rd Streets. Staff worked with the applicant to revise the plans and recommended approval of the project as substantially in conformance with the Commission's direction. The Commission felt, however, that the changes did not go far enough in addressing accessibility of the project open space and the building scale. The Commission subsequently approved the project subject to Conditions of Approval, which included additional changes in project design. PROJECT INFORMATION: GENERAL PLAN: Medium Density Residential ZONING: R-2 LOT SIZE: 4805 Square Feet EXISTING USE: Vacant PROPOSED SQUARE FOOTAGE: Unit 1(228): 4,515 square feet Unit 2: (230) 1,616 square feet Analysis The following additional conditions were established related to the accessibility of guest parking, the accessibility of usable "open space" and building design. a) Relocate and make second guest parking space (located in the west garage) more accessible by reducing garage width and separating it from the private two -car garage with a wall. Reduce length of the north wall of the guest space to allow for a better turning radius. r 1 • • b) Reconfigure second floor "sun room" to an open deck providing open space directly accessible to living areas. c) Eliminate roof tower from the rear unit. d) Enhance north elevation with additional detailing and articulation, including detailing around the windows. Condition a). The project is required by the Zoning Ordinance Section 17.44.020(B) to provide a total of two guest parking spaces (one for each two -units, plus one to replace the loss of one on -street parking space). It does not specify that the parking be open. The project provides one space at the end of the driveway and a second guest space within a private three -car garage. The Commission felt that this was not consistent with the intent of guest parking to be directly available to guests of both units. Condition b). The project provides the total amount of required "usable open space" and "recreation space" pursuant to the Zoning Ordinance, (300 square feet per unit) While a large portion of the open space is located on roof decks, none is directly accessible to living areas within the front unit. The Commission felt that because of the mass of the project along Ardmore Avenue, it was important to provide some of this space directly accessible to the main living room on the second floor which also added relief to the building facade. Condition c). The Commission felt the roof tower and solid deck railing surrounding the roof deck parapet contributed to the mass of the project and could be eliminated. Condition d). The Commission required that the same level of detail and articulation be provided on all building elevations including the north side. CONCUR: 1414% Sol Blumenf fid,4irector Community. Development Department Stephen R. Bu City Manager Attachments 1. Resolution Sustaining Commission's Decision 2. P.C. Minutes/StaffReports /Resolution 2 • • RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO (2) -UNIT CONDOMINIUM PROJECT, AT 228 ARDMORE AVENUE AND LEGALLY DESCRIBED AS LOT 76, WALTER RANSOM CO.'S VENABLE PLACE. The City Council of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. The Planning Commission conducted a duly noticed public hearing on the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map for a two - unit condominium project and approved the request subject to conditions as contained in Planning Commission resolution 98-58. Section 2. The City Council conducted a duly noticed public hearing on December 10, 1998, to consider an appeal of the Planning Commission's decision to approve the subject Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map for a two - unit condominium project. Section 3. After considering the decision of the Planning Commission and their record of decision, and the testimony at the public hearing, the City Council hereby sustains the decision of the Planning Commission to approve the Conditional Use Permit, Precise Development Plan, and Tentative Parcel Map #25226 for a two -unit condominium project, and subject to the conditions contained within Planning Commission Resolution 98-58, which are incorporated herein by reference. PASSED, APPROVED, and ADOPTED this day of , 1998, PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY f:\b95\cd\c c\rs228 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • P.C. RESOLUTION 98-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO (2) -UNIT CONDOMINIUM PROJECT, AT 228 ARDMORE AVENUE AND LEGALLY DESCRIBED AS LOT 76, WALTER RANSOM CO.'S VENABLE PLACE. The Planning Commission of the City of Hermosa Beach does hereby resolve and order as follows: Section 1. An application was filed by Asenka and Edith Nitzow owners of real property located at 228 Ardmore, seeking approval of a Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #25226 for a two (2) Unit Condominium project. Section 2. The Planning Commission conducted a duly noticed de novo public hearing to consider the subject application on August 18, and October 20, 1998, at which testimony and evidence, both written and oral, was presented to and considered by the Planning Commission Section 3. Based on evidence received at the public hearing, the Planning Commission makes the following factual findings: 1. The applicant is proposing to develop the property with two residential condominium units. 2. The subject property proposed for condominium development contains 4,826 square feet, is designated Medium Density Residential on the General Plan Map, and designated R-2 Two -Family Residential on the Zoning Map. Section 4. Based on the foregoing factual findings, the Planning Commission makes the following findings pertaining to the application for a Precise Development Plan, Conditional Use Permit, Vesting Tentative Parcel Map: 1. The map is consistent with applicable general and specific plans; 2. The site is zoned R-2 and is physically suitable for the type and density of proposed development 3. The subdivision or type of improvements are not likely to cause serious public health problems; 4. The subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; 1- • • 5. Design of the proposed subdivision is compatible and consistent with applicable elements of the City's General Plan, and is compatible with the immediate environment; 6. The project, as conditioned, will conform to all zoning and condominium laws and criteria and will be compatible with neighboring residential properties; 7. The project is Categorically Exempt from the requirement for an environmental assessment, pursuant to the California Environmental Quality Act Guidelines, Sections 15303(b) and 15315 with the finding that the project is in an area with available services Section 5. Based on the foregoing, the Planning Commission hereby approves the subject Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map subject to the following Conditions of Approval: 1. The development and continued use of the property shall be in conformance with submitted plans received and reviewed by the Commission at their meeting of October 20, 1998, and revised in accordance with conditions below. Any minor modification shall be reviewed and may be approved by the Community Development Director. a) The second guest parking space (located in the west garage) shall be opened up and separated from the private two -car garage with a wall. The north wall of the guest space shall be reduced in length to allow for a better turning radius. b) The second floor "sun room" shall be converted to an open deck, to provide open space directly accessible to primary living areas. c) The roof tower and terrace shall be eliminated from the rear unit. d) The north elevation shall be enhanced to include further design, detailing, and articulation, including detailing around the window frames. 2. Decorative paving shall be provided in the driveway. 3. The project shall meet all requirements of the Condominium Ordinance. a) Each unit shall have the minimum 200 cubic feet of storage space and plans shall clearly denote storage space and the location of the FAU and vacuum canister, if provided. b) Covenants, Conditions, and Restrictions in compliance with the Condominium Ordinance shall be submitted to the Community Development Department for review and approval prior to the issuance of building permits. c) Proof of recordation of approved CC & R's shall be submitted to the Community Development Director six (6) months after recordation of the Final Map S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • d) Requirements of Section 17.22.060(G) & (H) shall be shown on structural plans and reviewed at the time of Building Division plan check 4. There shall be compliance with all requirements of the Public Works Department and Fire Department. 5. Two copies of a final landscaping plan indicating size, type, and quantity of plant materials (including trunk diameter at planting time) to be planted and/or showing existing landscaping to be maintained shall be submitted to the Community Development Department, Planning Division for review and approval prior to the issuance of Building Permits. a) Landscaping shall be provided in all available yard areas, with ground cover, shrubs and trees indicated. b) An automatic landscape sprinkler system shall be provided, and shall be shown on plans. (building permits are required) 6. Architectural treatment shall be as shown on building elevations and site and floor plans. Any modification shall require approval by the Community Development Director. a) Precise building height shall be reviewed at the time of plan check, to the satisfaction of the Community Development Director. 7. Any satellite dish antennas and/or similar equipment shall comply with the requirements of Section 17.46.240 of the Zoning Ordinance. 8. Conduit shall be installed in each unit for cable television. 9. The address of each condominium unit shall be conspicuously displayed on the street side of the building with externally or internally lit numbers and the method for illumination shall be shown on plans. Addressing numbering and display subject to • approval by the Community Development Department. 10. Roll -up Automatic garage doors shall be installed on all garage door openings. 11. Two copies of final construction plans, including site, elevation and floor plans, which are consistent with the Conditions of Approval of this Conditional Use Permit, shall be reviewed and approved by the Planning Division for consistency with Planning Commission approved plans prior to the submittal to the Building Division for Plan Check. a) If the drainage of surface waters onto the property requires a sump pump to discharge said waters onto the street, the property owner(s) shall record an agreement to assume the risk associated with use and operation of said sump pump; release the City from any liability; and indemnify the City regarding receipt of surface waters onto the property 12. Prior to the submittal of structural plans to the Building Division for Plan Check an Acceptance of Conditions affidavit shall be filed with the Planning Division of the • • Community Development Department stating that the applicant/property owner is aware of, and agrees to accept, all of the conditions of this grant 13. The Conditional Use Permit, and Precise Development Plan shall be null and void eighteen months from the date of approval unless building permits have been obtained, and approval of the Vesting Tentative Parcel Map shall become null and void twenty-four months from the date of approval unless the map is finaled and the project implemented. The applicant may apply in writing for an extension of time to the Planning Commission prior to the dates of expiration. 14. Prior to issuance of a building permit, abutting property owners and residents within 100 feet shall be notified of the anticipated date for commencement of construction. a. The form of the notification shall be provided by the Planning Division of the Community Development Department. b. Building permits will not be issued until the applicant provides an affidavit certifying mailing of the notice. VOTE: AYES: Comms. Perrotti, Pizer, Schwartz, Chmn Tucker NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 98-58 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their re• lar m- -ting of October 20, 1998. Peter Tucker, /1- i1 -4a Date 7 conr228 ecretary ORAL/WRITTEN COMMUNICATIONS Jim Lissne t 2715 El Oeste, Hermosa Beach, CA wished to express his concern about -the item that slipped pa he Council a week ago about having alcohol events for any citizen who wants to apply for one on e beach, any of the parks or any of the public spaces. It • coming back to the City Council a wee . om today for final vote and Mr. Lissner hopes t. Commission will express their concerns. HEARINGS The following item was requested to be hear 18. CON 96-5/PDP 96-6—REQ CONDITIONAL USE PERMIT A FOR A TWO -UNIT CONDO C Staff Recommended Acti Director Blume 1999. This The .1 rst o e Agenda. VEST R O N STING TE VERSION AT 1 'I Y YEAR EXTENSION OF THE TIVE PARCEL MAP #24249 723-1 GOLDEN AVENUE. To approve said request for one year exte 0 n d stated this is a request to extend the existing map by one be done by minute order. ommission SO ORDERED BY MINUTE ORDER. y to October 29, PUBLIC HEARINGS 7. CON 98-15/PDP 98-20—CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO -UNIT CONDOMINIUM AT 228 ARDMORE AVENUE (CONTINUED FROM AUGUST 18 AND SEPTEMBER 15, 1998 MEETINGS). Staff Recommended Action: To approve said request. Director Blumenfeld stated the Commission previously asked the applicant to revise their project plans to deal with the bulkiness of the project, to add additional parking (1 guest space), to deal with the lot coverage which exceeded the maximum allowed, to deal with the accessibility of the open space and to separate the access that was provided at the basement area. The applicant has worked with staff and has made these changes. Commissioner Schwartz asked if guest parking can be closed off in a garage. Director Blumenfeld questioned the usefulness of guest parking spaces closed off, however the Zoning Ordinance does not preclude it. P.C. Minutes 10-20-98 Chairman Tucker opened the public hearing. Cheryl Vargo, 5147 Rosecrans, Hawthorne is representing the applicant. She stated the parking is very tight for the guest parking and it is open because of the width. With a wall, there wouldn't be sufficient width for 3 parking stalls. There is a door to make it private. She showed the Commission the renderings of before and after, showing the extent of the changes. All of the concerns have been met. Commissioner Schwartz would like to make sure that a bar area that is being proposed will not result in the project becoming a bootleg unit. Ms. Vargo stated they will try to prevent potential for a bootleg. Director Blumenfeld stated the applicant has eliminated accessibility of the unit at the basement level which the Commission requested. He stated there is limited authority under the Zoning Ordinance to regulate potential for bootleg units. He stated that several development standards relative to R-2 and R-3 development are being reviewed and that perhaps these issues can be addressed in revised development standards which will be considered by the Planning Commission and City Council. Asenka Nitzow, 602 3rd Street, Hermosa Beach is the applicant and is living next door to the proposed project. They have a lot of items and requiring more storage space. Chairman Tucker closed the public hearing. Commissioner Schwartz stated there has been improvement in the project but it still looks massive. She is concerned about the parking and would like to eliminate the wall to leave the guest parking unenclosed. She doesn't see any reason to eliminate direct accessibility for open space since the units are huge. There are plenty of ways to accomplish what is typically required for other similar projects. She would also like to see some detail around the window frames to make the elevation look less severe. Commissioner Perrotti agrees with Commissioner Schwartz. The north elevation on the second floor needs more articulation. Chairman Tucker is concerned with the second guest spot. He would like to see the wall on the north side shortened or the area opened up. The open space off the living area is still too overwhelming. He would like to see the sun room turned into a balcony off the family living room and eliminate the deck above. The front of the project is too massive and doesn't fit with the character of the neighborhood. Commissioner Pizer agrees that the guest parking should be open. MOTION by Commissioner Schwartz, seconded by Commissioner Perrotti to APPROVE the Resolution with the following changes: The second guest parking space be opened up so it's not 9 P.C. Minutes 10-20-98 • • part of the two -car garage and the wall be moved back against the second space to allow for a better turning radius; the plans be revised so that the open space is accessible to the units; the sun room be opened to minimize building mass on the front of the project, the tower be removed and roof deck on the rear unit as well, to make the project less massive; and the north elevation get further design and detailing. AYES: Commissioners Perrotti, Pizer, Schwartz, Chairman Tucker NOES: None ABSENT: None ABSTAIN: None 8. \ CON 98-18/PDP 98-23—CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25212 FOUR -UNIT CONDOMINIUM AT 301 2ND STREET (CONTINUED FROM SEPTEMBR 15, 1998 MEETING). Staff Recommende�Action: To approve said request. RA Director Blumenfeld stated this is a four -unit project, replacing the six nits currently on the site. The units are 2100-2200 squ e feet. Each unit is attached with thr- bedrooms and two full baths, one three quarter bath d one half bath. The buildings arwo stories with a basement. The garages are accessed from 2n Street on the south and all e required parking is provided in four two -car garages and there are ei t guest parking spac= All the yards are conforming and the proposed height is conforming as w 1. The plan me s all the other requirements. The applicant will provide a required landscape ' Ian. Chairman Tucker opened the public hearing. Cheryl Vargo at 5147 West Rosecrans, H. • orne pro ' 'ded the rendering. The initial submittal plans were lacking in a few areas and ► plans shown to • ht meet all the criteria. The landscape plan will be submitted wi the final working dra ' s gs, and additional trees will be included. Commissioner Schwartz w• Id like to see some differences in the um units are attached and ar one project and are intended to look the same Ms. Vargo stated the continuity. Chairman Tucker ggested varying balcony railing between units with wroug ' iron, concrete, and glass. Chairmucker closed the public hearing. Co 'ssioner Pizer stated the north elevation looks like one big wall with no relief. He wo 1' e this broken up. Io P.C. Minutes 10-20-98 Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission CONTINUED FROM THE MEETING OF AUGUST 18, 1998 SUBJECT: LOCATION: APPLICANT: REQUEST: October 20, 1998 CONDOMINIUM 98-15. PRECISE DEVELOPMENT PLAN 98-20 VESTING TENTATIVE PARCEL MAP #25226 228-230 ARDMORE AVENUE ASENKA AND EDITH NITZOW TO ALLOW A TWO -UNIT ATTACHED CONDOMINIUM Recommendations To approve the plans as revised and approve the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map subject to conditions as contained in the attached Resolution. Background At their meeting of August 18, 1998, the Planning Commission continued the public hearing in this request directing the applicant to work with staff to resolve the outstanding items noted in the staff report; and to reduce the "bulkiness" of the larger front unit. The issues of concern are summarized as follows: 1. "Bulkiness" of the front unit 2. One additional guest space required 3. Lot coverage 4. Open space accessibility to primary living areas. 5. Separate access to the basement level living area in Unit 1 Analysis The applicant has submitted revised plans to respond to these concerns while maintaining consistency with their original intent in the building design. 1. With respect to overall bulk and mass, several changes were made to reduce the appearance of bulk, although no significant reductions in the actual building mass were made. The applicant has provided additional articulation and relief on the south elevation and west elevations which reduces the appearance of bulk. These include an extension and redesign of the bay window at the greenhouse to the floor below on south side (the redesign includes insets on both sides of the bay window); a 4 -foot inset into both the south and north sides of the building where the two units connect, enhanced with a balcony feature with architectural projection at the first floor level; providing a split level roof deck on the rear unit, which slightly reduces bulk along 11 7 • the roof at the south side; additional balcony projections on the west elevation; and use of open iron railing surrounding the roof terraces rather than solid stucco walls. 2. The plans provide one additional parking space for the large front unit, located within the garage. In effect it does not serve as an additional guest space for both units, but provides an needed additional guest or resident space for the larger front unit. 3. Revised plans were modified to reduce lot coverage to 64.95%. This was accomplished by provide the insets on the north and south sides of the building which also have added architectural relief as noted above. 4. In keeping with their original objectives and desires for the unit they will be living in, the issue of accessible open space was more difficult for the applicants to resolve. Open space which is arguably more accessible has been provided for the rear unit in the combined patio and entry area accessible to the main living area, and making a portion of the "roof terrace" a half flight of stairs up from the second floor. However, in the front unit all qualifying open space is still on the roof deck a full flight of stairs directly from the second floor living room. However, the reason no qualifying spaces is considered accessible is because the outdoor sun room on the top level is within a glass enclosure (the applicant does not desire to open this up to the sky). Also, the excess front yard area accounts for common open space. In sum, the applicant provides well in excess of minimum open space to comply with the requirements of the code, and is requesting flexibility on the issue of "accessible" open space in order to accomplish their objectives. 5. Revised plans eliminate any possible separate exterior access to the basement living area, and the bath is limited to a 3/4 bath. The first and second floor living areas are connected by an open stairway. CONC Michael Schubach City Planner Sol Blumenfe ector Community D velopment Department Attachments 1. Resolution 2. 8/18/98 Minutes 3. 8/18/98 Staff Report w/attachments con228r en Roberts Associate Planner 2 ON by Commissioner Schwartz, seconded by Commissioner Pizer to ADOP e Resolution the following modifications: 1) staff will add the decorativ- • . ncrete, 2) the applicant work wit ff to modify the elevations so that at minimu ., e detailing will be added as shown in the rendering a clude some changes of plane e building is not boxy, and 3) the side wall be changed from 6' to exceeding 4.5' : 4 any fencing above would be open construction. AYES: NOES: ABSENT: ABST Commissioners ' rotti, Schwartz, Pizer, None e -Chair Merl None an Tucker 11. CON 98-15/PDP 98-20—CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25226 FOR A TWO -UNIT CONDOMINIUM AT 228 ARDMORE AVENUE. Staff Recommended Action: To approve said request. Mr. Schubach stated the most unique features is that this project is a very large unit and a small unit. The larger unit has seven bathrooms, two sun rooms, two exercise rooms, patio, etc. There have been some safeguard conditions put in regarding bootleg units because there are some entryways that have the bootleg potential. The project overall meets the zoning requirements concerning the lot coverage open space and parking, etc. Chairman Tucker opened the public hearing. Cheryl Vargo is representing the applicant. This project as indicated is different with one unit at over 4500 square feet and the other unit at 1500 square feet. The site is a little larger than some of the typical lots and provides for a bigger building foot envelope. There are two sisters who are planning to live in these units and each intends to have a floor for their own purposes. Because the property is zoned for two units, another small unit was built in the back. The issue of the garage came up after it was in the review stage. There was a curb cut at one time and the project then was not required to provide the additional parking space as this project is requiring. They feel the additional parking space is not needed because the unit in the back is small. The parking space would have to be put in tandem and take out the exercise room on the first floor. They could work with Public Works and have them stripe for parking spaces on the street. The architect does not have a problem closing off the entry way at the drive in the front unit and all the other changes that staff has suggested have been made. Chairman Tucker closed the public hearing. Commissioner Pizer stated this a highly unusual project and legally it is a condo project. He sees no objections. Commissioner Schwartz has a problem with the project and it encourages bootlegging. P.C. Minutes 8-18-98 • • Commissioner Perrotti asked for clarification on the parking. Director Blumenfeld stated the'only issue is if there should be a space replaced with respect to the curb cut. Commissioner Perrotti stated the plans they reviewed in the staff report had almost five items that didn't comply with the Commissioner's standards and haven't seen the revised plans. He feels they need to review the plans when the Resolution is adopted at the next meeting. He agrees with staff on the parking space issue. Chairman Tucker agreed. Also, the building is way out of character with the neighborhood and is too large and bulky. Commissioner Pizer asked if this project would be acceptable if it was a single family residence? Director Blumenfeld stated there wouldn't be any discretionary review. Commissioner Perrotti suggested staff to work with the applicant to reduce the bulkiness of the project and to continue this to the next meeting rather than just rejecting it. The applicant stated they wanted to do something different and not put in a cookie cutter. It is intended for them to live in it. MOTION by Commissioner Perrotti, seconded by Commissioner Pizer to CONTINUE the Item to the next meeting and have staff work with the applicant in modifying the units to reduce the possibility of being three units and that the size of the larger unit be not as bulky and the other outstanding issues be checked and in compliance. AYES: Commissioners Perrotti, Schwartz, Pizer, Chairman Tucker NOES: None ABSENT: Vice -Chair Merl ABSTAIN: None 1 . CON 98-16/PDP 98-21—CONDITIONAL USE PERMIT, PRECISE DEVE . ' MENT PLAN, AND VESTING TENTATIVE PARCEL MAP #25 • OR A TWO -UNIT ! DOMINIUM AT 702 10TH STREET. Staff Recommended Actio s . o approve said request. Mr. Schubach stated this project is no They both seem to be showing encroachmen covered. The rear unit has the same thin ue and the ' . nt and rear yards are the main concern. e steps, retaining walls and the balcony is • the rear yard and is prohibited. Chairman Tucker opened the , • is hearing. The representative 90266 addre confi idman Development at 912 Manhattan Avenue, • • ttan Beach, CA some of the concerns of staff. The two detached condos have a : -'metric ion and is not parallel to the property lines on the west side. The buildings ortably on the site. A section in the garage will house the trash since the garage will be P.C. Minutes 8-18-98 • • Honorable Chairman and Members of the Regular Meeting of Hermosa Beach Planning Commission August 18, 1998 SUBJECT: CONDOMINIUM 98-15 PRECISE DEVELOPMENT PLAN 98-20 VESTING TENTATIVE PARCEL MAP #25226 LOCATION: 228-230 ARDMORE AVENUE APPLICANT: ASENKA AND EDITH NITZOW 508 S. CATALINA AVE. REDONDO BEACH, CA 90277 REQUEST: TO ALLOW A TWO -UNIT ATTACHED CONDOMINIUM Recommendations To approve the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map subject to conditions as contained in the attached Resolution. Background PROJECT INFORMATION: GENERAL PLAN: Medium Density Residential ZONING: R-2 LOT SIZE: 4805 Square Feet EXISTING USE: Vacant PROPOSED SQUARE FOOTAGE: Unit 1 (228): 4,515 square feet Unit 2: (230) 1,616 square feet ENVIRONMENTAL DETERMINATION: Categorically Exempt The subject site is located on the east side of Ardmore Avenue, between 2nd and 3rd Streets. The lot formerly was the site for single family dwelling which was demolished 1987. Preliminary grading was done to prepare the site for a two -unit condominium in about 1988, including the closure of an existing curb cut. The project was never built. Analysis The proposed project consists of a two-story building with a basement/garage containing one very large unit(4713 square feet) with its entry directly on Ardmore Avenue and a moderately sized 3 - bedroom unit (1616 square feet) with an entry along the south side at the rear of the lot. Unit 1 (228) contains 6 bedrooms and 7 bathrooms (four full, two 1/2 baths, and one 3/4 bath) with two living rooms, a green house, and two "sun rooms", with an exercise room and bedroom at the garage basement level. Unit 2 (230) is a much smaller unit with 3 bedrooms and 2 1/2 baths with the garage only at the basement level.. The main building is extremely large and designed in a S 11 • • contemporary/Mediterranean style of architecture, with exterior stucco finishes, stucco trim, and stucco scoring, archways, with a variety of window types and glass features. The garages for each unit are jointly accessed from a common driveway along the north side of the property. Required parking is provided in the two car garages, and the guest parking space is provided at the end of the driveway. The new driveway will require a curb cut, and result in the loss of an existing on -street parking space, requiring an additional guest space. All required yards are provided, but lot coverage slightly exceeds the maximum of 65%, which must be corrected during plan check. The proposed private open space areas are provided within the roof decks ( 400 sq. ft and 300 sq. ft. respectively) which complies the minimum requirements, but is inconsistent with previous Planning Commission direction that a substantial portion be provided accessible to primary living areas. As such staff is recommending a condition that at least 100 square feet of qualifying open space be provided adjacent to the living rooms in each unit pursuant to this direction. The basement level living area in Unit 1 includes an "exercise room," a bedroom and a covered "patio". This living area also has separate access available from the driveway side. In addition to being an unsafe entry that encroaches into the driveway, this separate access is inconsistent with previous Commission direction regarding potential "bootleg" units. Staff is including a condition that the unsafe and separate exterior access be closed, and also would recommend an open stair design to the floor above. The height of the proposed structure is within the 30 -foot height limit as measured from existing grade interpolated from existing corner point elevations. Landscaping is provided in the limited available area in the front of the building with two 36" Queen Palms as specimen sized trees. CONC Michael Schubach City Planner Sol Blumenf. d, ► irector Community t evelopment Department Ken Ro ertson Associate Planner Attachments 1. Resolution 2. Location Map 3. Photographs 4. Residential Zoning Analysis/Height calculations l� con228 4T~ 51. 0 • - 4Th- -17/6782 -A 9 y/88—? 11 O ._q3- m *7 1 JS S. q3 ;6 �� ..... � y N ..'.',.e ,i 1 - 1� • — •-. 6Y i 71 (93 ® 70 CZ ® 69 '7l f . ' 1 �� ® 67 o 6 O 65 , *i. 7 y 4.A`• • ® 43 51 ,1.0.'J ��• � �°'l ` { 73 ©. 1@-4 a - -w 2 Z 14/s) 1 58 57 N L.1 uzl ti i ...r.1 : lav, / .93 ` 6q ® 84 7o ®. 85 7/ ® •86 7z 1 ©�\ , - y18�-ate v188 -aa //fi It 49.70 � 'f0 �� ° ts" Ot� 104 9460 QD Of �® ' 103 �� r --'N hDa 10 �3 >> IL 101 tJ er 100 99) 96 ••„ 9'7• 106 4 tr a j iev`. • J 107 4' -, V AIN ^a -TI • ► Del 81.1 i 41 N �I 1 1 L3 o 114 . ® • 115.. a 116 V"" 117 118 •Q�.. .7Z O • III p 3G6 ® 112 y' do c n' Qi09 v •Uzi/3 ...- 1110. © a � /irt.79s°1°I•. '228 ARDMORE AVE RADIUS MAP/7 N IDATE- 8-6-98 CASE NO - SCALE: /". /OO' i LOCATION co2 8 Aid (06 DATE / 1 2- lS S/ Community Development Department Manning Division 1 Masaya Okada & Living Designs 3016 Via La Selva. Palos Verdes Estates, CA 90274 ft • Honorable Mayor and Members of the Hermosa Beach City Council Subject: Adoption of 1997 Uniform Building Code December 3, 1998 Regular Meeting of December 4, 1998 Recommendation: That the City Council postpone the hearing to a date to be determined. Background: The City adopts changes to the Uniform Building Code during each new code adoption cycle by the State. The 1997 code adoption was originally scheduled and advertised for hearing prior to the end of the year. The City has additional time to consider changes to the building code and staff is recommending that the hearing be postponed. Sol Blumenf Id, Director Community Development Department Step Cit nager 5 DEVELOPMENT PROGRAM OWNER: PROJECT LOCATION: LEGAL DESCRIPTION: ZONING DESIGNATION: GENERAL BUILDING INFORMATION LOT AREA: TOTAL BUILDING AREA ATTACHMENT -T-- UNIT 1 UNIT 2 UNIT 3 UNIT4 1ST LEVEL LIVING AREA GARAGE 2ND LEVEL LIVING AREA DECKS/BALCONIES 3RD LEVEL LIVING AREA. ECKS/BALCONIES TOTAL LIVING AREA TOTAL DECKS/BALCONiES NO. OF BEDROOMS NO. OF BATHROOMS ZONING INFORMATION REQUIRED PROVIDED AREA: LOT AREA PER DWELLING UNIT BUILDING 2 BUILDING 3 LOT COVERAGE 1ST LEVEL F.F. ELEVATION CA. R r L YARDS: FRONT LINEAL FEET(LF) OF PERIMETER SIDE REAR LF OF PERIMETER <6' FROM GRADE TO F.F. ABOVE % OF PERIMETER <6' to FF ABOVE _; PARKING AND DRIVEWAYS: NUMBER OF SPACES PROJECT: OWNER: 2 UNIT CONDOMINIUM ASENKA NITZOW Masaya Okada & Living Designs 228LARDMORE AVENUE 508 S. CATALINA AVENUE 3016 via La Selva, Palos Verdes Estates, CA 90274 HERMOSA BEACH, CA 90254 REDONDO BEACH, CA 90277 GUEST SPACES Scale a PARKING SETBACK Job "' ax r. PARKING STALL DIMENSION Sheet 1 TURNING AREA Sheets DRIVEWAY WIDTH DRIVEWAY MAXIMUM SLOPE OPEN SPACE: TOTAL PRIVATE jPER UNIT) UNIT 1 UNIT 2 i L UNIT 3• UNIT 4: PRIVATE STORAGE $PACE: CUBIC FEET PER UNIT ) UNIT 1: UNIT 2. UNIT 3: UNIT 4: FICATION CALCULATION devprog 1/27/98 r 491- q" 14'-e t_o., moo, %r,„ \c, % t\p \ 1 N 76' 331 39" E :Y• REt. WALL $ FENCE. N 141- 8" �3' 31-3V as II S fl DRIVEWAY tcr I19. S$' nl ' Q02.•5f`— //7/41,>$4,,,z,-/ r 1)72/////!////////////7; c4 I, - 1 QUEEN PAL Y 3C 6QX `12 BIf.'.G or PAKAUIfE \\ 2: Scorn c IRE „\\ TO trCt.E,F.i '\.\\, GUEST PARKING 9, ...et x 2o'o" UNIT 1 E'J P OF PARAtI$S. 2. CAR. GARAGE. 9` oN x 2o1p„ PACES CATCH r3ASIN / W� 2- ZZ.OEWEL SUTAP PUMPS To PUMP TO 37MflT Z CAR GARAGE 8'6° X Zd0" SPACES wt 'I t p /`77/7 ' 9 .00 24 K PRINTED ON NO. I! LEARPRINT • qI 0" GK. EXIST. FENc. --- 411-4" .11!" \\/-0 70'- 1" 1.41 n r 100. N7G03 RET. WALL 4 FENCE. \sa 39E 121.2.0 1 //<i//5/1he,�///////i//f% {0a 0 � \O� ,/ TGuE.CH PALM SC" BoX (\O EL 'T. WALL !.AILING: EXIST. TREES TL,ijzPJUNG RAD 2?'- oit r 2'-o u 33'-a' Silt PLAN I/2II = II,QIt 5f-1- tik OCT 1 3 1998 UUM. DtV. DEPT. REVISIONS BUILDING 1 BUILDING 2 BUILDING 3 BUILDING 4 1ST LEVEL F.F. ELEVATION LINEAL FEET(LF) OF PERIMETER LF OF PERIMETER <6' FROM GRADE TO F.F. ABOVE % OF PERIMETER <6' to FF ABOVE _; devprog 1/27/98 r 491- q" 14'-e t_o., moo, %r,„ \c, % t\p \ 1 N 76' 331 39" E :Y• REt. WALL $ FENCE. N 141- 8" �3' 31-3V as II S fl DRIVEWAY tcr I19. S$' nl ' Q02.•5f`— //7/41,>$4,,,z,-/ r 1)72/////!////////////7; c4 I, - 1 QUEEN PAL Y 3C 6QX `12 BIf.'.G or PAKAUIfE \\ 2: Scorn c IRE „\\ TO trCt.E,F.i '\.\\, GUEST PARKING 9, ...et x 2o'o" UNIT 1 E'J P OF PARAtI$S. 2. CAR. GARAGE. 9` oN x 2o1p„ PACES CATCH r3ASIN / W� 2- ZZ.OEWEL SUTAP PUMPS To PUMP TO 37MflT Z CAR GARAGE 8'6° X Zd0" SPACES wt 'I t p /`77/7 ' 9 .00 24 K PRINTED ON NO. I! LEARPRINT • qI 0" GK. EXIST. FENc. --- 411-4" .11!" \\/-0 70'- 1" 1.41 n r 100. N7G03 RET. WALL 4 FENCE. \sa 39E 121.2.0 1 //<i//5/1he,�///////i//f% {0a 0 � \O� ,/ TGuE.CH PALM SC" BoX (\O EL 'T. WALL !.AILING: EXIST. TREES TL,ijzPJUNG RAD 2?'- oit r 2'-o u 33'-a' Silt PLAN I/2II = II,QIt 5f-1- tik OCT 1 3 1998 UUM. DtV. DEPT. REVISIONS BY PROJECT: OWNER: 2 UNIT CONDOMINIUM ASENKA NITZOW Masaya Okada & Living Designs 228LARDMORE AVENUE 508 S. CATALINA AVENUE 3016 via La Selva, Palos Verdes Estates, CA 90274 HERMOSA BEACH, CA 90254 REDONDO BEACH, CA 90277 Date 6%1°s/ fi -= Scale Drawn Job "' ax r. Sheet 1 Of Sheets 0 GUEST ROOM II'G" .x 131 On JACCUZZI /do" 101o" 0040 13'-6 14'-a" 4 2ND, Gues-r PARK 114ga S'S" x 2®' 014 • 2 CAR GARAGa 18'0" x ao'o" 49' u INNIS milli. ❑ ❑ ❑ MINN TRA3H i 4 CSU 5T PARK 71o" x. zo' 0' 2 c4it GARAGE 1710" x AO, �6 .STOKAcE 5' x x 8' 28 0 Cu. FT -, 24,_ oh a v 5ASEJAEAT FLOOR PLA1J v411 ._.. 11- 24 I- 24 X 34 MINTED ON NO. 1 SIEIINPNINT • REVISIONS BY OWNER: MINIUM ASENKA NITZOW Masaya Okada & Living Designs �IUE 508 S. CATALINA AVENUE 3016 Via La Selva, Palos Verdes Estates, CA 90274 1, CA 90254 REDONDO BEACH, CA 90277 Date Scale Drawn Job 2 Sheet Of Sheets cottc14 q -7 j E.KITRY SUN RoaM Jo' o" X to'o" 24 X34 PRINTED ON NO. 1. SEANPRINT • STORAGE. 4'xt0'x8' azo cli F D17J CLo5ET .91-1 E L. F SAR 3ED :.aoM t 3 12'0" x 1413` LIvNG ',COO 16' 7' x 3 t' o., 0 OATH HALL �r 0E.DR.OotA *2 1313" x 1513N BEDROOM 411 14'311 x Ito" Y —1 OALC.ot4Y 5'6"x 7"O" CLOSET .BTI -1 cl' zoo -OAT C.OWT 5._1‘41.x.- ere =d BEDROOM * 1 12'6" x ljaQN 14'- 6 as -c: , g SI-� UP BATH L.IVNG l2ooM 15'0" x talon PN, 1\look [ Tc{ -IEP' j o' o" x I Z' a" 0 tio.4•44444� PoRc1-i 8' 6" x 14'41% PAVED PATIO 0- 131- 917 33'—d FIRST FLOOR PLANT 141-0" eif 101-61+ S I' toS-<3tt 131- 9" i` UP BALCONY " opEs-NI SUN Rook 14'.01' x eo'ow 0 S?oR.A0E. 4'x7'x8 =Z24cp 10'o''x 10'3" FAMILY LIVING Ro to i 1710" x zotou ML1TC145.1Q (Th BATH GR.BeN Uou5l . 14' &' >< 1510" 'ALL BEDROOM #4 13tS" x 13"54 7 I_ 4,, lace 14-6" 31-6 1i_9H CLOSET MASTF_.12. 13E.01200).4 14'3 x Vito" BATH C O r F- 27, -a„ I- N BEtaltooM AZ 12`6" x 1a' 9" cU UP BATH r_ CLoSEi 2 isATN (I� 11 \ MASTER 45€b1200 4 I3'o" x 15, 011 19'-611 l41--3" cco cl 3S—OM 24 X SI PRINTED ON NO. T. LEARPRINT♦ SECOND FLOOR FLAtJ 141t = Il_oiI REVISIONS BY PROJECT: OWNER: 2 UNIT CONDOMINIUM ASENKA NITZOW Masaya Okada & Living Designs 228 ARDMORE AVENUE 508 S. CATALINA AVENUE - 3016 Via La Selva, Palos Verdes Estates, CA 90274 HERMOSA BEACH, CA 90254 REDONDO BEACH, CA 90277 Date Scale Drawn Job 4 Sheet Of Sheets 0 to' -4' L Z11-4 u DN ( T Z {Zoon T�RIZAGL 12'61')( 2110" 131-(D L1 Y r • L _i m I 1 4 —t' it 4 DN UP RooF TERR/5 Ce s'o'' x i z' a" R..00F TERRAGt 1516° x 121oh'"_ 33'-O" I.©oP PLAt\J 1:o ) In 24 X 36 PRINTED ON NO. 1f LEARPRINT• REVISIONS BY OWNER: MINIUM ASENKA NITZOW Masaya Okada & Living Designs 4UE 508 S. CATALINA AVENUE 3016 via La Selva, Palos Verdes Estates, CA 90274 I, CA 90254 REDONDO BEACH, CA 90277 Date Scale Drawn Job 5 Sheet Of Sheets MA CP 1 MAX. 130,05 PROPOSE -D:12,, 58 STEEL. FRAME- CP 2 MAX. 130. G5 PROPOSED I29.53 CP 3 MAX. 134.03 rROPOS£D- I $0.33 TIL E 5TUC-CG WITH SULLk o P Cog-K4EKS T(P STUCCO WooD WAIMscoAT STUCCO «ITM.. WOo0 TRIM C 0416 Oat 95) 99.66 24 X 36 PRINTED ON NO. 10 FARPRINT• H STUCCO SCORE 98. oo ART GLASS 6ALCot i STEEL.. RAIL TYP STUCCO PLA &TER_ STUGco TR.1M TYP. cok1GRE-r RAK- I, 1f STUCCO ARCH I 0 -.. 0 0 Es' SCUT/4 FE LEVAT Ie�Z4 100. ori REP. i STUCC.o 101.00 WEST aLE.VATIOh l r '`-i` �14 EAST ELEVATIoNi 100. 00 MAX. ELEV. 130. 45` RooP TERRACE PvSJ j I LY R.0 o t✓( GRE£IJ I,1oUSE 5E.DR.00M a' 1 LIVIKI R(7©1�1 ITCUaJ4 DRIvE.WAY GARAGE F.G. Ex 157)N 4 cQRAP ALONG SouTHE_RLy FRopeRTI LH4E.. "E-X17ftJca CaI ,ADE- ALO1{G )JoKTHE.RLY FRCP -EX -it LINE Lot'JGtTTUDINJAL SECT IOPJ 24 X 35 PRINTED ON NO. 10 PARPRINT • REVISIONS BY PROJECT: OWNER: 2 UNIT CONDOMINIUM ASENKA NITZOW Masaya Okada & Living Designs • 228 ARDMORE AVENUE 715 5TH STREET 3016 Via La Se1va, Palos Verdes Estates, CA 90274 HERMOSA BEACH, CA 90254 HERMOSA BEACH, CA 90254 Date Scale Drawn Job 7 Sheet Of Sheets SCALE: 1" = 40' 1 PARCEL 5670 SQ. FT. PARCEL MAP No. 24920 IN THE CITY OF HERMOSA BEACH, COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 24, HEFFNER, FIORINI, ALLEN TRACT, AS PER MAP RECORDED IN BOOK 9, PAGE 106 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES SUBDIVIDER'S STATEMENT I HEREBY STA TE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LINES, AND I CONSENT TO THE PREPARA TION AND FILING OF SAID MAP AND SUBDIVISION. rT"Of ly CR/S BENNETT, (SUBDIVIDER) STATE OF CALIFORNIA COUNTY OF LOS ANGELES fS' ON THIS _ DAY OF `�'' 1998, BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED CRIS BENNETT PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED EXECUTED THE INSTRUMENT. KAREN M. OWENS NOTARY PUBLIC -CALIFORNIA COUNTY OF LOS ANGELES MY COMMISSION EXPIRES MARCH 15, 1999 KAREN M. OWENS NOTARY PUBLIC -CALIFORNIA I HEREBY CERTIFY THA T ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF HERMOSA BEACH TO WHICH THE LAND INCLUDED IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT AND WHICH MA Y BE PAID IN FULL, HAVE BEEN PAID IN FULL. DATE: BY: TREASURER OF THE CITY OF HERMOSA BEACH CONDOMINIUM NOTES: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 2 UNI TS WHEREBY THE OWNERS OF THE UNI TS OF AIR SPACE WILL HOLD AN UNDIVIDED INTEREST IN THE COMMON AREA WHICH WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. EA SEMEN T NOTE: EASEMENT OF WARREN GILLELEN FOR WATER PIPELINES AND INCIDENTAL PURPOSES PER DEED RECORDED JUNE 27, 1902 IN BOOK 7617, PAGE 47, OF DEEDS. SAID EASEMENT IS BLANKET IN NATURE. w. PER P ED SPK. w.. 2212 P•M•g. 259 15th C3� C-) 0 ED ADDERS � NAIL ST 22305, PEM P. 2No. 59/12. P 5{' N76�34 f II ELY LINE OF LOT 25,*. (J G1 W'LY LINE OF / LOT 23,*. w a O_ O 42.v"E 76•34'- no "E /57(19 y' 4 ( 8— a N'L Y LINE 6 AND 7, HERMOSA TRACT, M. S'L Y LINE CD C) Iz 1 i$ \CS' OF LOTS BLOCK 1, KNOB HILL B. 7/148 AND OF LOT 24,*. SHEET 1 OF 1 SHEET NOV %01 3 SUR VEYOR 'S STA TEMEN T: THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND WAS COMPILED FROM RECORD DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES A T THE REQUEST OF CR/S BENNETT IN JUNE, 1998. I HEREBY STA TE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TEN TA TI VE MAP, IF ANY. NORMAN S. GREEN. L.S. No. 5909 EXPIRES: 12/31/00 RECORD DATA ISYFROM HEFFNER, FIORINI, ALLEN TRACT, M.B. 9/106. CITY ENGINEER'S CER TIFICA TE: I HEREBY CERTIFY THAT / HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO THE TEN TA TI VE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF THE CITY OF HERMOSA BEACH APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SA TISF IED THA T THIS MAP IS TECHNICALLY CORRECT WITH RESPECT TO CITY RECORDS. DA TE: HARRY W STONE ,,.1 CITY ENGINEER f` r`EPU TY. -SO R. C. E. NO. /13765 EXPIRES 6 -3°-6I SECRETARY OF PLANNING COMMISSION CERTIFICATE: I HEREBY CERTIFY THAT THE ANNEXED MAP CONFORMS SUBSTANTIALLY TO THE TENTATIVE MAP APPROVED BY THE PLANNING COMMISSION ON THE DAY OF 1998. DATE- BY: SECRETARY OF PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH CI TY CLERK'S CER TIFICA TE: i HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH BY MOTION ADOPTED AT ITS SESSION ON THE DAY OF , 1998, APPROVED THE ANNEXED MAP. DATE: B Y.' CITY CLERK OF THE CITY OF HERMOSA BEACH RECORD OWNERS ARE.• GARY BENNETT MAR JENE BENNETT, CRIS BENNETT AND CAROL YN BENNETT HEREBY CERTIFY THAT ALL CERTIFICATES S HAVE PVA, FILED AND DEPOSITS HAVE BEEN MADE THAT ` ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 616410 AND 66493 OF THE SUBDIVISION MAP ACT. EXECUTIVE OFEICEP.-CLERK OF THE BOARD OF SUP' ' I SORSS OF THE COUNTY OF LOS ANG -O; F 7 ,. LEGEND • a • INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP * INDICATES HEFFNER, FIORINI, ALLEN TRACT, M.B. 9/106. J.N. 6630FPM BY: VCD/RJC