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HomeMy WebLinkAbout07/23/85"You can tell all you need to about a society from how it treats animals and beaches." -Frank Deford AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, July 23, 1985 - Council Chambers, City Hall Closed Session - 6:30 p.m. Regular Session - 7:30 p.m. All Council meetings are open to the public. PLEASE ATTEND. It is requested that anyone who wishes to speak on any scheduled public hearing matter, please fill out a card (located in foyer) and deposit in the box adjacent to the podium. Any complaints against the City Council, City Management, or departmental operations will be submitted in writing to the City Manager for evaluation by the appropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police Department, Public Library and the Office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL PLAQUES OF APPRECIATION FOR BOARD OF ZONING ADJUSTMENTS MEMBERS A. John Berardo Carl Moore Neal Cutler June Williams INTRODUCTION OF NEW POLICE PERSONNEL & PRESENTATION OF LETTER OF APPOINTMENT BY THE POLICE CHIEF Newly appointed Police Sergeant Dennis Allen Newly hired Service Officer Michael Haugen Returning Police Officer Paul Wolcott RESULTS FROM CLOSED SESSION OF JULY 9, 1985. I. PUBLIC HEARINGS II. CONSENT HEARINGS 1. CONSIDERATION OF THE AMOUNT OF THE FEE TO BE ESTABLISHED FOR APPEALS TO THE CITY COUNCIL ON MATTERS PERTAINING TO LAND USE. Memorandum from Building and Safety Director William Grove dated July 15, 1985. III. HEARINGS 1. REQUEST FOR PARKING - NORTH SIDE OF 27TH STREET BETWEEN MORNINGSIDE AND MANHATTAN AVENUE. Memorandum from. Public Works Director Anthony Antich dated July 16, 1985. IV. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority con- sent of the City Council. There will be no separate dis- cussion of these items unless good cause is shown by a member prior to the roll. call vote. (Items removed will be considered after Municipal Matters.) (1a) Approval of Minutes: Regular meeting of the City Council held on July 9, 1985. Recommended Action: To approve minutes. (1b) Demands and Warrants: July 23, 1985 Recommended Action: To approve Demands and Warrants Nos. through inclusive. (10 'Tentative Future Agenda Items. Recommended Action: To receive and file. (1d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated July 18, 1985. Recommended Action: To receive and file. (le) Cancellation of Warrants: July 23, 1985. Recommended Action: To approve cancellation.of Warrants Nos. 1.6525, 16996, 17361, 17691, and 17314. (1f) Claim for Damages: Michael Darragh, 1064 Seventh St., Hermosa Beach, CA, filed June 25, 1985. Recommended Action: To deny claim per R. L. Kautz & Co. (1g) Claim for Damages: Kelly Miller, 236 So. Coronado St., Los Angeles, 90059, represented by Greater Watts Justice Center, 3406 W. Washington Blvd., L. A. 90018, filed May 8, 1985, amended claim filed June 17, 1985. Recommended Action: To deny claim per R. L. Kautz & Co. (1h) Claim for Damages: Diana Kary, 216 So. Francisca Ave., Redondo Beach 90277, represented by Dudley W. Gray II, Esq., 18411 Crenshaw Blvd., Torrance, 90504, filed April 25, 1985. Recommended Action: To deny claim pr R. L. Kautz & Co. Contract for services between the Cit and South Bay Free pt'Clinic. Memorandum from Community Resources Director Alana Mastrian dated July 9, 1985. Recommended Action: To approve contract. (1j)/i Contract for services between the City and 1736 House. +,xl� Memorandum from Community Resources Director Alana Mastrian dated July 9, 1985. K' Recommended Action: To approve contract. Community Center Foundation, schedule of payment for City loan. Memorandum from Community Resources Director Alana Mastrian dated July 17, 1985. Recommended Action: (11) Revised hours of operation and cost - ESEA shuttle. Memorandum from Planning Director Michael Schubach dated July 15, 1985. Recommended Action: To approve staff recommendation. (1m) Monthly Investment Report: June, 1985. Recommended Action: To receive and file. (1n) Status Report re. Plannin Consideration - Change of use Monterey Boulevard. Memorandum from Planning Di- rector Michael Schubach dated July 18, 1985. tbom Recommended Action: To approve staff recommendation.. (100 Letter from Robert and Patricia Wickwire, 2900 Amby Place, and 7 signatories dated July 9, 1985 re. 30 ft. reoutQheight in R-2 zone which abuts R-1 properties; with reply from Building and Safety Director William Grove dated July 15, 1985. Recommended Action: To receive and file. • (1p) Request for Closed Session August 13, 1985. Recommended Action: To set closed session. �1q)_ / Possible formation of a Transit Parking District. Memo- randum from City Attorney James P. Lough dated July 1, 1985. Recommended Action: To receive and file. (1r) Release of Lien -.514 - 24th Street, Hermosa Beach, Mar- garet B. Harrell and Roger '11. Harrell. Recommended Action: To adopt resolution releasing lien. 7 ORDINANCES AND RESOLUTIONS (2a) RESOLUTION NO. 85- " - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 85-4847 AND RECITING THE FACT OF THE RE- COUNT OF THE BALLOTS FROM THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON JUNE 11, 1985, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW. Memorandum from City Attorney James P. Lough dated July 1 1 , 1985. Recommended Action: To adopt resolution. (2b) ORDINANCE NO. 85- - ORDINANCE •OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17-28 OF THE HERMOSA BEACH MUNICIPAL CODE WHICH REGULATES CHARITABLE SOLICITATIONS, DELETING SECTION 17-29 AND ADDING A NEW SECTION 17-29 REGULATING PEDDLERS AND SOLICITORS. Memorandum from City Attorney James P. Lough dated July 17, 1985. For waiver of full reading and introduction. (2c) ORDINANCE NO. 85- - ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 17- -19.1 AND ESTABLISHING A LICENSE FEE FOR OWNING, MANAGING AND OPERATING OIL WELLS. Memorandum from City Attorney James P. Lough dated July 17, 1985. For waiver of full reading and introduction. (2d) RESOLUTION NO. 85- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY ORDERING THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY BETWEEN 30TH STREET AND GOULD AVENUE WEST OF PACIFIC COAST HIGHWAY AS HEREIN PARTICULARLY DEFINED IN SAID CITY. Memorandum from Public Works Director Anthony Antich dated July 17, 1985. (2e) RESOLUTION NO. 85- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE, GENERAL PLAN CIRCULATION ELEMENT BY ORDERING -THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY BETWEEN 30TH STREET AND LONGFELLOW WEST OF PACIFIC COAST HIGHWAY AS HEREIN PARTICULARLY DEFINED IN SAID CITY. Memorandum from Public Works Director Anthony Antich dated July 17, 1985. V. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN URGENCY NATURE. VI. MUNICIPAL MATTERS VII. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. VIII. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION..' a. Consent -Calendar, 1) Approval of minutes of 6/25/85 meeting. 2) Memorandum from City Attorney James P. Lough dated July 1, 1985 re. Reserving Parking Spaces for Merchants. 3) Memorandum from City Attorney James P. Lough dated July 1, 1985 re. Dissolution of Vehicle Parking District No. 1. b. Other Matters c. Staff Reports d. Commissioner Reports e. Adjourn and reconvene as City Council IX. WRITTEN COMMUNICATIONS FROM THE PUBLIC. X. MISCELLANEOUS ITEMS AND REPORTS — CITY MANAGER. XI. MISCELLANEOUS ITEMS AND REPORTS — CITY COUNCIL. XII. OTHER MATTERS — CITY COUNCIL a. City Council Reorganization - 1985. b. Vacancy - Boards and Commissions 1) Planning Commission - One 4 -year term ending June 30, 1989. 2) Community Resources Commission - Two 2 -year terms ending June 30, 1987; three 4 -year terms ending June 30, 1989. ADJOURNMENT REGULAR MEETING •HERMOSABEACH CITY COUNCIL Tuesday, July 23, 1985. - Council Chambers, City Hall All Council meetings It is requested that anyone who wishes to speak on any public hearing matter, please fill out a card (located and deposit in the box adjacent to the podium. Any complaints against the City Council, City Management, or departmental operations will be submitted in writing to the City Manager for evaluation by therappropriate department head prior to submission to the City Council. Complete agenda materials are available for public inspection in the Police .-Department,.Public_ Library and the Office of the City Clerk. PLEDGE OF ALLEGIANCE ROLL CALL -.PLAQUES_ OF APPRECIATION FOR BOARD OF. ZONING ADJUSTMENTS A. John Berard() Carl Moore Neal Cutler June Williams INTRODUCTION OF .NEW POLICE PERSONNEL—A PRESENTATION OF LETTER.OF APPOINTMENT BY THE POLICE CHIEF Newly appointed Police Sergeant Dennis Allen Newly hired Service Officer Michael Haugen Returning Police Officer Paul -Wolcott RESULTS` FROM CLOSED SESSION :OF JULY 9, 1985. FROM 7/9/85 MTG: COUNCIL .VOTED TO REJECT CLAIM RE. CHILDREN'S PATH. FROM 7.123/85 JITG: APPROVED MOU FOR' MANAGEMENT ASSOCIATION. ALSO BASED ON DISCUSSION IN CLOSEDSESSION,.MOTION BY WOOD, SECOND BRUTSCH, TO REQUEST THE 'CITY CLERK:,TO.RETURN BALLOTS IMMEDIATELY. OK 4-1:(BARKS.NO). MOTION`WOOD/CIOFFI THAT'COUNCIL RESERVES THE RIGHT TO REFUSE TO `PAY CHARGES FOR 'STORING BALLOTS OUT "OF CITY HALL. OK 3-2 (BARKS/BRUTSCH NO). 'MOTION . WOODIBRUTSCH TO. ASK CITY CLERK TO RESPOND IN .WRITING AS TO SECURITY NEEDED IN VAULT. OK 5-0. I. PUBLIC HEARINGS II. CONSENT HEARINGS 1. :CONSIDERATION`OF.THE AMOUNT OF THE FEE TO:BE-ESTABLISHED:,..- FOR BE ESTABLISHEDFOR APPEALS TO THE CITY.COUNCIL :ON MATTERS PERTAINING TO' LAND USE. Memorandum from Building and:Safety Director William Grove dated July 15,1985.. MOTION: STAFF TO RETURN WITH ORDINANCE AMENDING ORDINANCE NO. 85- 809 TO PROVIDE A CLAUSE FOR WAIVER OF FEE IN -CASES OF.. HARDSHIP - OK 3-2 (BR/BA NO). • III. "HEARINGS REQUEST FOR PARKING - NORTH SIDE OF 27TH STREET BETWEEN MORNINGSIDE AND MANHATTAN AVENUE. Memorandum from Public Works Director Anthony Antich dated July 16, 1985. STAFF TO RETURN ON 8/27 WITH REPORT RE. ALLOWING LIMITED HOURS (9 P.M. TO 6:30 A.M.) ON NORTHSIDE OF 27TH ST. ALSO STAFF TO AD- DRESS OTHER STREETS WITH 2 -SIDED PARKING THAT ARE NARROWER THAN 27TH ST. OK 4-1 (WOOD NO). 2. REQUEST FOR 15 -MINUTE GREEN ZONE IN FRONT OF BUSINESS LOCATED AT 2629-A MANHATTAN AVENUE, SEW WHAT? ALTERATIONS. MOTION BR/WO TO ALLOW GREEN ZONE, CHARGING APPLICANT FOR ORIGINAL INSTALLATION, WAIVING YEARLY MAINTENANCE. FEE. BRING BACK RESOLU- TION FOR CONSENT CALENDAR 8/13. OK 4-1 (DEBELLIS NO) IV. CONSENT CALENDAR: The following routine matters will be acted upon by one vote to approve with the majority con- sent of the City Council. There will be no separate dis- cussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed will be considered after Municipal Matters.) (1a) Approval of Minutes: Regular meeting of the City Council held on July 9, 1985. Recommended Action: To approve minutes. (ib) Demands and Warrants: July 23, 1985 Recommended Action: To. approve Demands and Warrants Nos. through inclusive. (1c) Tentative Future Agenda Items. Recommended Action: To receive and (1d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated July 18, 1985. Recommended Action: To receive and file. Cancellation of Warrants: July 23, 1985. Recommended Action: To approve cancellation of Warrants Nos. 16525, 16996, 17361, 17691, and 17314. (1f) Claim for Damages: Michael Darragh, 1064 Seventh St., Hermosa Beach, CA, filed June 25, 1985. Recommended Action: To deny claim per R. L. Kautz & C (1g) Claim for Damages: Kelly Miller, 236 So. Coronado St., Los Angeles, 90059, represented by Greater Watts Justice Center, 3406 W. Washington Blvd., L. A. 90018, filed May 8, 1985, amended claim filed June 17, 1985. Recommended Action: To deny claim per R. L.''Kautz & (1h) Claim for Damages: Diana Kary, 216 So. Francisca Ave.,`. Redondo Beach 90277, represented by Dudley W. Gray II-, Esq., 18411 Crenshaw Blvd., Torrance, 90504, filed April. 25, 1985. Recommended Action To deny claim pr R. L. Kautz & -(ii) - Contract for services between the Cit and South Ba Clinic. Memorandum from Community Resources Director Alana Mastrian dated July 9, 1985. Recommended Action: To approve contract. WOOD NO (1j) Contract for services between the City and 1736 House. Memorandum from Community Resources Director Alana Mastrian dated July 9, 1985. Recommended Action: To approve contract.. WOOD NO (1k) Communit Center Foundation schedule of •a meet for Cit loan. Memorandum from Community Resources Director Alana Mastrian -dated July 17., 1985. -•Recommended Action: Tp accept payback schedule from the oundation as stated and amend the contract accordingly, with a status report to be provided to the City Council every six months from the Foundation regarding its activities. WOOD NO (11) Revised hours of o•eration and cost ESEA shuttle. Memorandum from Planning Director Michael Schubach dated July 15, 1985. Recommended Action: WOOD NO o approve staff recommendation.;. (1m) Monthly Investment keport: June Recommended Action: To receive and file. (1n) Status .Re.ort re. Plannin at '• Monterey Boulevard. Memorandum from Planning Di- rector Michael Schubach dated July 18, 1985. Consideration - -Chan Recommended Action: To approve staff -WOOD-ABSTAIN DUE TO CONFLICT OF INTEREST BARKS PULLED ITEM AND ASKED FOR .A`:.PUBLIC HEARING WHEN IT COMES BEFORE COUNCIL. ACTION TO RECEIVE AND FILE ":REPORT. OK 4-1 (WOOD ABSTAIN) (10) Letter from Robert and Patricia. Wickwire,:: 2900 Amby Place, and 7 signatories dated July 9, 1985 re. 30 ft. height in R-2 zone which abuts R-1 properties; with reply from Building and Safety Director William Grove dated July 15, 1985. Recommended Action: To receive and file. BARKS PULLED ITEM. ASKED THAT A' REPORT BE PREPARED RE. WHAT CITY CAN DO ON HEIGHT ISSUE. NO SECOND. MOTION WO/BR _R..._A__F. OK"4-1 " (BARKS NO) (1p) R_ equest for Closed Session August 13, 1985. Recommended Action: To set closed session. (1q) Possible formation of a Transit Parking District. Memo- randum from City Attorney James P. Lough dated July 1, 1985. Recommended Action: To receive and file. PULLED BY BRUTSCH. ASKED FOR FORMATION OF A SUB -COMMITTEE OF DEBELLIS AND BRUTSCH TO. STUDY TRANSIT NEEDS OF CITY. MOTION BRUTSCH, SECOND ?, TO RECEIVE AND FILE REPORT. OK 5-0 (1r) Release of Lien - 514 24th Street, Hermosa Beach, Mar- garet B. Harrell and Roger H. Harrell. Recommended Action: To adopt resolution releasing lien. ORDINANCES AND. RESOLUTIONS (2a) RESOLUTION NO. 85- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO: 85-4847 AND RECITING THE FACT OF THE RE- COUNT OF THE BALLOTS FROM THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON JUNE 11, 1985, DECLARING THE RESULT AND SUCH OTHER MATTERS AS.PROVIDED BY THE PROVISIONS OF.. LAW. Memorandum from City Attorney James P. Lough dated July 11, 1985. Recommended Action: To adopt resolution.. OK 4-1 (WOOD NO) (2b) ORDINANCE NO. 85- - ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING SECTION 17-28 OF THE HERMOSA BEACH MUNICIPAL CODE WHICH REGULATES CHARITABLE SOLICITATIONS, DELETING SECTION .17-29 AND ADDING A NEW SECTION 17-29 REGULATING PEDDLERS AND SOLICITORS. Memorandum from City Attorney James P. Lough dated July 17, 1985. For waiver of full reading and introduction. ;INTRODUCE ORDINANCE OK 5-0 (2c) ORDINANCE NO. 85- ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING HERMOSA BEACH 'MUNICIPAL CODE SECTION 17- .19.1 AND ESTABLISHING A LICENSE FEE FOR OWNING, MANAGING AND OPERATING OIL WELLS. Memorandum from City Attorney James P. Lough dated July 17, 1985. For waiver of full reading and introduction. INTRODUCE ORDINANCE OK 5-0 (2d) RESOLUTION -NO. 85- - A RESOLUTION OF THE CITY COUNCIL - OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY ORDERING THE VACATING AND ABANDONMENT OF A PORTION OF AN ALLEY BETWEEN 30TH STREET AND GOULD AVENUE WEST OF PACIFIC COAST HIGHWAY AS HEREIN PARTICULARLY DEFINED IN SAID CITY.. Memorandum from Public Works Director Anthony Antich dated July 17, 1985. ADOPT RESOLUTION SETTING HEARING FOR 8/13 OK 4-1 (BARKS ABSTAIN DUE TO CONFLICT OF INTEREST). EILEEN HOWELL, 2966 LA CARLITA ASKED THAT A FIRM DEVELOPMENT PLAN BE PREPARED BEFORE COUNCIL VOTES ON THE STREET VACATION. (2e) RESOLUTION NO. 85- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO AMEND THE GENERAL PLAN CIRCULATION ELEMENT BY ORDERING 'THE VACATING AND ABANDONMENT OF A PORTION 'OF AN ALLEY. BETWEEN 30TH STREET AND LONGFELLOW WEST OF PACIFIC COAST HIGHWAY AS HEREIN PARTICULARLY. DEFINED IN SAID CITY. Memorandum from Public Works Director Anthony Antich dated July 17, 1985. ADOPT RESOLUTION SETTING HEARING FOR'8/13 OK 4-1 (BARKS ABSTAIN DUE TO CONFLICT OF INTEREST). ORAL COMMUNICATIONS FROM THE PUBLIC MATTERS OF AN URGENCY NATURE. PARKER HERRIOTT SERVED ALL MEMBERS OF COUNCIL WITH FOURTH .RECALL PETITION. VI. MUNICIPAL MATTERS VII. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. VIII. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT COMMISSION. VPD MEETING CONVENED AT 9:00 P.M. . Consent Calendar 1) Approval of minutes of 6/25/85 meeting.. OK 5-0 Memorandum from City Attorney James P. Lough dated July 1, 1985 re. Reserving Parking Spaces for Merchants-. MOTION BA/DEB STAFF TO MAKE, RECOMMENDATION AFTER MEETING WITH DOWNTOWN BUSINESSMEN. OK 5-0 3) Memorandum `from City Attorney James P. Lough dated July 1, 1985 re. Dissolution of Vehicle-Parking._Distrrlot MOTION BR/WO TO CONTINUE BUSINESS AS USUAL AS VPD. OK 5-0 b Other Matters WO/DEB REFER TO SUBCOMMITTEE PROBLEM CREATED BASICALLY BY MUSI- CIAN PEOPLE - HIGH VOLUME, SHORT PERIOD OF TIME. (I DID NOT GET VOTE ON THIS) c. Staff Reports d. Commissioner Reports e. Adjourn and reconvene as City Council ADJOURN AND RECONVENE AS CITY COUNCIL 9:11 P.M. IX. WRITTEN COMMUNICATIONS FROM THE PUBLIC. X. :MISCELLANEOUS ITEMS --AND REPORTS CITY :MANAGER. XI. `MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL. XII. OTHER MATTERS - CITY COUNCIL City Council .Reorganization - 1985. MOTION BR/CIO TO ADD A NEW COMMITTEE CALLED TRANSPORTATION AND PARKING COMMITTEE WITH CO -MEMBERS TO BE DEBELLIS AND BRUTSCH. OK 5-0 b. Vacancy - Boards and Commissions 1) Planning Commission One 4 -year term ending June 30, 1989. READVERTISE AND SCHEDULE FOR 8/27 MEETING 2) Community Resources Commission - Two 2 -year terms ending June 30, 1987; three 4 -year terms ending June 30, 1989. READVERTISE AND SCHEDULE FOR 8/27 MEETING c. SCE High Sierra Energy Workshop WOOD, BRUTSCH AND BARKS EXPRESSED DESIRE TO ATTEND. WOOD WILL ADVISE C.M. OFC. WHICH TWO WILL GO. d. Resolution re. ICRMA agreement amendment. MOTION DEBELLIS/CIOFFI TO ADOPT RESOLUTION. OK 5-0 DEBELLIS ASKED THAT COUNCIL BE KEPT APPRISED RE. CHURCH PROPERTY HOTEL ACTIVITY. _ DEBELLIS POINTED OUT THAT NEW AGENDA FORMAT WAS IN CONFLICT WITH COUNCIL -ACTIONS TAKEN ON JUNE 13. MOTION BA/BR TO CONTINUE WITH POLICY SET AT 6/13 MEETING. OK 5-0 ADJOURNMENT TO CLOSED SESSION AT 9:43 P.M. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 9, 1985 at the hour of 7:45 P.M. in the Council Chamber, City Hall. CLOSED SESSION - 6:30 P.M. Present: Brutsch, Cioffi, DeBellis, Wood, Mayor Barks Absent: None Action Taken: 1. To grant the City Manager a one-time merit -oriented pay raise for a period of three months for service above his normal duties, salary in the amount of 6% (approximately $650). PLEDGE OF ALLEGIANCE - Deputy City Clerk Lois Peek ROLL CALL Present: Brutsch, Cioffi, DeBellis, Wood, Mayor Barks Absent: None APPOINTMENT OF MAYOR: To appoint the Mayor for a 9 -month term ending April, 1986. Action: To appoint Mayor Pro Tempore Jack Wood as Mayor of the City of Hermosa Beach for a nine-month term ending April, 1986. Motion Brutsch, second Cioffi. So ordered. Mayor Wood then assumed the Mayor's chair. APPOINTMENT OF MAYOR PRO TEM: To appoint the Mayor Pro Tem for a 9 -month term ending April, 1986. Action: To appoint Councilman Tony DeBellis as Mayor Pro Tempore of the City of Hermosa Beach for a nine-month term ending April, 1986. Motion Cioffi, second Brutsch. So ordered. Mayor Wood presented a plaque of appreciation to outgoing Mayor Barks for his service as Mayor from October 1984 to July 1985. Councilman Barks thanked his colleagues and constituents for their support during his term as Mayor. Mayor Wood presented flowers to Helena Tremaine, his fiance, Katalina DeBellis, Mayor Pro Tem DeBellis' Mother and Linda Gregory who was not present to accept. Councilman Barks presented a gift of a teddybear to Mayor Wood from the councilmembers, the gift having been purchased with pri- vate funds. CITY COUNCIL REORGANIZATION - 1985 1. Resolution appointing member of Council to City Selection Committee of SCRTD. Action: To appoint Mayor Jack Wood delegate and Mayor Pro Tempore Anthony DeBellis alternate and adopt Resolution No. 85-4851 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A MEMBER OF SAID COUNCIL OF SAID CITY TO THE CITY SELECTION COMMITTEE OF THE SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, PURSUANT TO PART 3 OF DIVISION 10 OF THE PUBLIC UTILITIES CODE." Motion Barks, second Brutsch. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None 2. To appoint Mayor to Los Angeles County/City Selec- tion Committee. Action: To appoint Mayor Wood to the Los Angeles County/City Selection Committee. Motion Barks, second DeBellis. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None To appoint Mayor to South Bay Cities Sanitation District. Action: To appoint Councilman Barks as the delegate and Mayor Pro Tempore Anthony DeBellis as alternate to the South Bay Cities Sanitation District. Motion Mayor Wood, second Cioffi. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None PROCLAMATION: Loreto Week, July 8 - July 16, 1985 1. CONSENT CALENDAR Action: To approve the consent calendar items (a) through (q) with the exception of the following items which were pulled for separate discussion but are listed in order for clarity and noting that item (p) has been withdrawn: (b) Wood, (e) Wood, (f) Wood. Motion Brutsch, second Barks. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (a) Approval of Minutes: Regular meeting of the City Council held on June 25, 1985. Action:. To approve minutes. (b) Demands and Warrants: July 9, 1985 Action: To approve Demands and Warrants Nos. 17477, 17478 and 17614 through 17730 inclusive and noting voided Warrants Nos. 17479 through 17613 (computer testing). Motion Brutsch, second DeBellis AYES — Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (c) Claim for Damages: Barbara C. Noland, 414 Second St., #213, Hermosa Beach, CA, filed June 12, 1985. Action: To deny claim per R. L. Kautz Co. (d) City Manager Activity Report. Memorandum from City Man- ager Gregory T. Meyer dated July 2, 1985. Action: To receive and file. (e) Tentative Future Agenda Items. Action: To refer the July 23 item re establishing a red zone along East curb of PCH between 24th Street and Artesia to the Police Subcommittee. Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Final Action: To refer the July 23 item re changing the City logo to the City Seal to the Business Subcommittee. Motion DeBellis, second Cioffi AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None (f) Building and Safet De.artment Activit Resort. June, 19:5. Action: To approve this report noting that City Council is to be given the opportunity to look at the preliminary draft of the Newsletter for three days before it is printed so that they may have the opportunity to look it over, any comments to be made via the City Manager. Motion Mayor Wood, second DeBellis AYES - Barks, Cioffi, DeBellis, Mayor Wood NOES - Brutsch (g) _Department of Community Resources Activity Report: June, 1985. Action: To receive and file. (h) Fire Department Activity Report. June, 1985. Action: To receive and file. 7_o_01 (i) General Services Department Activity Report: June, 1985. Action: To receive and file. (j) Planning Department Activity Report: June, 1985. Action: To receive and file. (k) Police Department Activity Re ort: June, 1985. Action: To receive and file. (1) Public Works Department Activity Report: June,.1985. Action: To receive and file. (m) Revenue Reporting: May, 1985. Action: To receive and file. (n) Expenditure Reporting: May, 1985. Action: To receive and file. (o) City Treasurers Report: May, 1985. Action: To receive and file. (p) Revised hours of o•eration and cost - ESEA shuttle. Memorandum from Planning Director Michael Schubach dated Withdrawn. (q) Approval of lease agreement between the Cit j and the South Bay Union High School District for classroom space in the Community Center. Memorandum from Community Resources Director Alana M. Mastrian dated Action: To authorize Mayor to sign the lease agreement between the City and the South Bay Union High School Dis- trict for a period of 5 years commencing on August 1, 1985 and ending June 30, 1990, lease rates as specified in the agreement. 2. ORDINANCES AND RESOLUTIONS (a) ORDINANCE NO. 85-809 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING A SEC- TION 1609 TO ARTICLE 16 "PROCEDURE, HEARING, NOTICES AND FEES" OF THE ZONING ORDINANCE TO ALLOW A FEE TO BE CHARGED FOR APPEALS TO THE CITY COUNCIL ON MATTERS RELAT- ING TO LAND USE. Action: To waive further reading and adopt Ordinance No. B3 -8Y entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING A SECTION 1609 TO ARTICLE 16 "PROCEDURE, HEARING, NOTICES AND FEES" OF THE ZONING ORDINANCE TO ALLOW A FEE TO BE CHARGED FOR APPEALS TO THE CITY COUNCIL ON MATTERS RELATING TO LAND USE." Motion Mayor Wood, second Brutsch. AYES — Barks, Brutsch, Cioffi, DeBellis, Mayor Barks NOES - None (b) RESOLUTION NO. 85- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 85-4847 AND RECITING THE FACT OF THE RE- COUNT OF THE BALLOTS FROM THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON JUNE 11, 1985, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW. Memorandum from City Clerk Kathleen Reviczky dated July 2, 1985. Proposed Action: To adopt Resolution No. 85 - entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,. AMENDING RESOLUTION NO. 85- 5857 AND RECITING THE FACT OF THE RECOUNT OF THE BALLOTS FROM THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON JUNE 11, 1985, DECLARING THE RESULTS AND SUCH OTHER MAT- TERS AS PROVIDED BY THE PROVISIONS OF LAW." Motion Barks, second Cioffi AYES - Barks, Cioffi NOES - Brutsch, DeBellis, Mayor Wood Motion fails Action: To table this matter for two weeks to allow the City Attorney to look into the consequence of a "NO" vote. Motion Brutsch, second DeBellis. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None 3. WRITTEN COMMUNICATIONS FROM THE PUBLIC. a. Letter from Concerned residents of Hermosa Beach, Colby and McHugh, 718 or 719 1st Place, re. possible vacation of First Place. Action: To receive and file. Motion DeBellis, second Brutsch AYES - Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None ABSTAIN - Barks b. Letter from citizens dated July 3, 1985 regarding construction of an auto body repair shop on property which borders on residential property. Supplemental information - memorandum from Building Director William Grove dated July 9, 1985. Action: To receive and file. Motion Mayor Wood,second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None c. Letter from Robert J. Wickwire, 2900 Amby Place dated 9 July 1985 regarding R-2 height restrictions in an R-1 zone. This item will be on the agenda of 7-23-85. City Manager Meyer advised that the Building Department would meet with Mr. Wickwire. 4. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN UR- GENCY NATURE. 1. Janet McHugh, 718 - 1st Place - read portions of her letter submitted under item 3 above into the record and asked names of owners of property on either side of proposed vacation at 1st Place. 2. Robert Wickwire, 1900 Amby Place - asked the City Council to take his letter submitted under item 3 above under advisement. PUBLIC HEARINGS MUNICIPAL MATTERS 5. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION. Items (b), (e) and (f) were discussed at this time but are listed in order on the Consent Calendar for clarity. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER. a. Re.uest for Closed Session 7/23/85. Memorandum from City Manager Gregory T. Meyer dated July 2, 1985. Action: To convene a Closed Session on Tuesday, July 23, 1985 at 6:30 p.m. - for discussion of matters of personnel, meet and confer, real estate and litigation. Motion DeBellis, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. Resort b Ma or Barks on National League of Cit- ies Conferences, Nov. & Mar. ':5. Continued. b. Status resort re. downtown Police foot •atrol. Memorandum from City Manager Gregory T. Meyer dated July 2, 1985. Action: To immediately reaffirm and implement a summer foot patrol in the downtown area, to be a fixed post, five days a week, May through September. Motion Brutsch, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Further Action: -To set up a monitoring proced- ure by the Police Subcommittee, reports to be back to Council by the end of August and the end of October. Motion Mayor Wood, second Brutsch AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Final Acton: To have the City Manager report back by September 10 regarding the implementa- tion of a Neighborhood Watch Program. Motion Mayor Wood, second Brutsch. AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None 8. OTHER MATTERS - CITY COUNCIL a. Child Abuse Coordinator - Cioffi - Councilman Cioffi stated he met with three South Bay cities who expressed their desire to work jointly with Hermosa Beach on an anti -child abuse program (El Segundo, Manhattan Beach and Redondo Beach). The funding for this project would be by the South Bay Hospital District. Action: To authorize a council representatove to work with the cities of El Segundo, Manhattan Beach and Redondo Beach on a proposal to be presented to the South Bay Hospital District. Motion Cioffi, second DeBellis AYES - Barks, Brutsch, Cioffi, DeBellis, Mayor Wood NOES - None Councilman Cioffi was designated as the representa- tive from Hermosa Beach. Minutes 7-9-85 b. Citizen's Complaint — Barks - Councilman Barks advised Council of a complaint of alleged police brutality in the vicinity of 6th and Loma by Stella Acosta. Action: To direct the City Manager to report back at closed session on July 23 regarding this alleged incident. Motion Barks, second Cioffi AYES - Barks, Cioffi, DeBellis NOES - Brutsch, Mayor Wood ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned at the hour of 8:55 P.M. on Tuesday, July 9, 1985, on a motion by Mayor Wood, seconded by Brutsch, to a Regular Meeting to be held on Tuesday, July 23, 1985 at the hour -of 7:30 P.M., preceded by a Closed Executive Session at 6:30 P.M. Minutes 7-9-85 MINUTES OF THE REGULAR MEETING OF THE HERMOSA BEACH VEHICLE PARK- ING DISTRICT #1 held on Tuesday, June 25, 1985 at the hour of 9:55 p.m. ROLL CALL Chairman George Barks - Present Commissioner Gary Brutsch - Present Commissioner John Cioffi - Present Commissioner Anthony DeBellis - Present Commissioner Jack Wood - Present a. Approval of Minutes of Mai 29, 1985 Meeting Action: To approve minutes. Motion Commissioner Wood, second Chairman Barks, so ordered. b. Hearin on Re.uest b 01 m.ic Parkin to increase validation stamp rates from .10 to •..25 and to increase the daily em- ployee_parking permits from $1.50 to $2.25. Staff report given by City Manager Meyer in absence of VPD Administrator Noon. Commissioner Barks questioned taking any action on this item tonight since notices were not hand delivered to downtown businesses and many didnot know about hearing. Feels Busi- ness Sub -Committee should meet with merchants. Hearing opened at 10:13 p.m. Mr. Ken Handman spoke to his request indicating the price structure if used correctly would be adequate. His problems arise from abuse. Could do with smaller increase if a limit were placed on number of stamps that could be used on a sin- gle ticket. Another solution could be using two types of stamps to be used in whatever amounts they need. Coming forward to speak in opposition to increased rates were: Mr. and Mrs. Gil Warshaw, Mrs. Edie Webber, Mr. Bill Fowler, Mr. Gary Frost. Mr. Handman suggested possible solution would be to turn over Lot B to Olympic Parking, eliminate all meters, staff it with personnel to stack park and use it for validation only. Action: To increase the validation price from $.10 to $.15 now, to $.20 on anniversary date next year, and to $.25 onan- niversary date the following year. Motion Wood, second Cioffi AYES - Wood, Cioffi NOES - Barks, Brutsch, DeBellis Action: To raise cost of employee daily permit from $1.50 to $1.75. \,I1 I Motion DeBellis, second Brutsch AYES - DeBellis, Brutsch, Barks, Cioffi, Wood NOES - None Action: To limit employee parking to Lot C. Motion DeBellis, second Brutsch AYES - DeBellis, Brutsch, Barks, Cioffi, Wood NOES - None Action: To raise price of validation stamps $.05 per year starting in July, 1986 until $.25 reached. Motion Wood, second Cioffi AYES - Wood, Cioffi NOES - Barks, Brutsch, DeBellis Action: To direct staff to arrange a meeting of Business Relations Sub -Committee, downtown businesses, Ken Handman and VPD Administrator Joan Noon. Motion Brutsch, second Cioffi AYES - Brutsch, Cioffi, Barks, DeBellis, Wood NOES - None Adjournment at 11:32 p.m. 2 IJPL1/vpolsp RALPH M.00HOA HERMAN SILLAS JOHN M. COLEMAN TIMOTHY H.B.YARYAN ROSE SLOAN JAMES P. LOUGH CAROL L. WILLIAMS YVONNE GARCIA ANDREA 0. ROSEN JULIA E. SYLVA OF COUNSEL F. VALLES LOPEZ * GONZALO VALLE$ + PABLO GALICIA * OCHOA $ SILLAS ATTORNEYS AT LAW OVIATT BUILDING 617 SOUTH OLIVE STREET, SUITE 1010 LOS ANGELES, CALIFORNIA 90014 (213) 622-9170 July 1, 1985 M E.M O-R-A-N-D'U M CITY OF HERMOSA BEACH SACRAMENTO OFFICE 925 L STREET, SUITE 905 SACRAMENTO, CA 95814 (916)447-3383 BAY AREA OFFICE 125 12W STREET, SUITE III OAKLAND, CA 94607 (415) 272-0544 MEXICO CITY OFFICE .BOSQUE DE DURAZNOS NO.65-507-B BOSOUES DE LAS LOMAS 11700 MEXICO, D. F. (905) 596-68-48 PLEASE REPLY TO: TO: Vehicle Parking District No. 1 Board of Commissioners FROM: James P. Lough, City Attorney Mark Lambert (Clerk) RE: Reserving Parking Spaces for Merchants Issue This memo is in response to your concerns regarding the validity, of reserving parking spaces in the Parking District for merchants and their customers. Specifically, the question is: Can the Vehicle Parking District reserve parking spaces at reduced rates for property owners within the District and, if so, can the benefits be limited to merchants'and their customers only? Conclusion The board of commissioners of a, parking district are permitted by statute to restrict the use of parking spaces to owners and tenants of real property in the district, and classes of persons designated by such owners or their tenants (including merchants' customers).. The board may also, in its discretion, establish different and lesser rates, charges, or rentals for the owners, tenants, and any classes of persons designated by the owners or tenants. The justification for this preferential treatment is that the property owners and tenants bear specials burdens which enable the creation of the parking district. Discussion The Hermosa Beach Vehicle Parking District established public parking spaces pursuant to the Parking District Law of 1943 (Streets and Highways Code Section 31500 et seq.). Section 31783 specifically permits the Board of Commissioners to reserve parking spaces and to set lower rates for certain classes of persons: -1- *ADMITTED ONLY IN MEXICO, D. F. • 1 IJPL1/vpolsp "All parking places acquired and constructed pursuant to this part are public parking places, but the board of commissioners may restrict or partially restrict their use to owners and tenants of real property in the district, and classes of persons designated by such owners or their tenants, and may estab- lish rates, charges, or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges, or rentals charged other persons." The justification for allowing preferential rates to property owners within a district, and implicitly the justification for reserving them parking spaces, is the special burdens placed on the property owners so that the district could be created. (Streets and Highways Code Section 31782) The method used to finance the Hermosa Beach Vehicle Parking District imposed a special burden upon the property owners within the District. The property owners were guarantors of the Municipal Bonds which were used to finance the acquisition and construction of the Parking District. Had there been a default on the bonds, the property owners would have automatically been liable for the entire deficiency. This burden is a legal burden in the same way that the acquisition of a. mortgage with a lien attached to it represents a legal burden. Questions of equal protection under the law are raised where the board of commissioners reserve parking spaces and set lower rates for merchant property owners and their customers but not to other property owners within a district. The traditional equal protection test, applicable to most economic regulations, states that a classification must bear a reasonable relationship to a legitimate governmental purpose. There is a legitimate governmental purpose in promoting the public welfare through the promotion of the city's commerce. In the case of Hermosa Beach, the failure to reserve parking spaces for merchants would result in the complete usurpation of these parking spaces by tourists and beach goers. The government has a legitimate interest in preserving the existence of the merchant community. Reserving spaces in the Parking District is a reasonable and rational means of accomplishing this legitimate governmental interest. To summarize, the Board of Commissioners of the Hermosa Beach Vehicle Parking District may reserve parking. spaces at lower rates for the District's merchants and their customers. However, the Board is not required to reserve or provide lower rates. Such matters are within the legislative discretion of the Board of Commissioners. JPL/MAL/gp STREETS AND HIGHWAYS CODE . § 31782. Preferential rates for property:owners of district . The providing.of adequate public parking places in cities '• ' * may require the `use°of assessnierit districts as authorized by Section 31519. Such districts Will be created and will be successful only if so operated as to serve adequately the property within the district. It is the intent of this part that the owners of real property in ' ' an assessment district created pursuant to ' t..' Section 31519 to provide parking places to solve the parking problems of the district may receive preferential rates, charges, or rentals for themselves, their tenants, and the classes of persons who call upon or do business with them, all to the end that the property which•bears the burden and provides a solution for the parking problem shall receive a special benefit.: `::. (Amended by Stats:1974; c. 426, p. 1032, § 45,. operative Jan. 1,1976.)' •''• '~ . • § 31783. Restrictions and use of parking places All parking places acquired and constructed pursuant to this part are public parking places, but the board of commissioners may re- strict or partially restrict their use to owners and tenants of real property in the district, and classes of persons designated by such owners or their tenants, and may establish rates, charges, or rentals for the owners and tenants of such properties .and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges, or rentals charged other persons. (Added by Stats.1951, c. 463, p. 1537, § 9.) Derivation: Stats.1943, c. 071, p. 2S73, § 45; Stats.1045, c. 110, p. 421, § 3. Library References Automobiles C:=5(3). C.J.S. Motor Vehicles § 23. IJPL1/ccmem4 RALPH M. OCHOA HERMAN SILLAS JOHN M. COLEMAN TIMOTHY H. B.YARYAN ROSE SLOAN JAMES P. LOUGH CAROL L.WILLIAMS YVONNE GARCIA ANDREA G. ROSEN OCHOA 8 SILLAS ATTORNEYS AT LAW OVIATT BUILDING 617 SOUTH OLIVE STREET, SUITE 1010 LOS ANGELES, CALIFORNIA 90014 (213) 622-9170 July 1, 1985 CITY COUNCIL MEETING TO: Honorable Mayor and Members of the City Council FROM: James P. Lough, City Attorney RE: Dissolution of Vehicle Parking District No. 1 SACRAMENTO OFFICE 925 L STREET, SUITE 905 SACRAMENTO, CA 95814 (916) 447-3383 OAKLAND OFFICE 125 -12,21 STREET, SUITE III OAKLAND, CA 94607 (415) 272-0544 PLEASE REPLY TO: This memo is in response to the Council's request for an opinion as to whether the VPD can be disbanded and, if so, by what method. Essentially, the VPD can be disbanded and all property, equipment and employees could be transferred back to the City by an act of the City Council. The effect of such an action would be to placethe authority held by the VPD in the hands of the City itself. A vehicle parking district was set up under the Parking District Law of 1943 (California Streets and Highways Code Sections 31500 et seq.). This law allows the City to set up such a district, issue bonds and levy assessments against property owners within the district's boundaries. Pursuant to the provisions of this law, this District has issued such bonds and those bonds have been paid off at this time. There are no outstanding assessments that I am aware of and, to the best of my understanding, the District has never, attempted to collect particular assessments against property owners within the District. The Parking District Law of 1943 does not set up a method for dissolution under its strict terms. However, a recent amendment to the law in 1976 allows for a district formed under the act to use various other provisions of law in order to accomplish the purposes of the parking act (California Streets and Highways Code Section 31519). This section allows the district to use the procedures in the California State Improvement Act of 1911 for accomplishment of the Vehicle Parking District's purposes. Under the Improvement Act of 1911, there is a procedure for dissolution of a district. This district, a maintenance district, is formed in essentially the same manner as the Vehicle Parking District was formed and the district could use the Maintenance District method of dissolution (California Streets and Highways Code Section 58048). • IJPL1/ccmem4 Using this procedure, the City Council would have to adopt a resolution declaring its intention to dissolve the Vehicle Parking District. As part of the resolution, it would have to fix a date and time for a hearing upon such dissolution. This hearing must be held between 10 and 30 days after the adoption of the resolution and such notice must be published as with any other public hearing. At the hearing, the City Council would hear and pass upon the question of dissolution and allow the public to speak their objections and protests regarding dissolution. The decision of the City Council would be final upon the vote taken after the closing of the public hearing. The district could exist after the date of a dissolution vote in order to wind up whatever business is required by the district. Prior to the dissolution of the district, you would be wise to have an inventory prepared of district property, both real and personal. The purpose of this inventory would be to determine what property exists in the hands of the district so that it can be quitclaimed over to the City. There would be no requirement of payment by the City for the equipment and real property since the transferring of such assets from one public use to another and would not require any payments. Even if the property of the Vehicle Parking District is purportedly held in the name of the -City, it is suggested that this property be quitclaim deeded over to the City so that there are no future problems with questions of title. Upon the dissolution of the district, all power and authority over those assets would reside with the City of Hermosa Beach. The City would be entitled to all revenue received therefrom and would not be bound by the restrictions placed upon the property by the state laws governing parking districts. One problem which could arise out this transaction is that the City would not be able to provide preferential parking for merchants within the area pursuant to the terms of the 1943 Act. Under the 1943 Act, the district could provide preferential rates to property owners, tenants and customers within the district. This preferential parking procedure is found under California Streets and Highways Code Section 31782 which provides in part: It is the intent of this part that the owners of real property in an assessment' district created pursuant to Section 31519 to provide parking places to solve the parking problems of the district may receive preferential rates, charges, or rentals for themselves, their tenants, and the classes of persons who call upon or do business with them, all to the end that the property which bears the burden and provides the solution for the parking problem shall receive a special benefit. IJPL1/ccmem4 Another consequence of the dissolution of the Parking District is that the City Council will not be able to assess property owners or tenants with any sort of assessment to benefit parking within the district boundaries. However, if the City Council chose to do so, it could set up another district at some point in the future to accomplish this purpose. Besides the Parking District Act of 1943, there are several other methods of accomplishing this purpose including the Parking Law of 1949, the Municipal Parking Revenue Bond Law of 1949, the Parking and Business Improvement Area Law of 1965, and the Parking and Business Improvement Area Law of 1979. The latter act (1979 Act), allows for assessments or charges by ordinance which would allow the City great flexibility in establishment of taxes or real property like assessments depending on the circumstances which the Council finds most favorable. This procedure, along with the procedures in the other acts, allows for majority protest of any action which would result in a fee or assessment against the property owners within the boundaries of a certain district. This is the same under all of the acts basically. If the Council wishes, such a dissolution process could be initiated by City staff. If you have any questions regarding any of these matters, please direct them to the undersigned. CONCUR: GREGORY T. MEYER, City Manager for the City of Hermosa Beach JPL/gp Respectfully submitted° e n 'rVj1C.7 JAMES P. LOUGH City Attorney for City of Hermosa Beath