HomeMy WebLinkAbout11/13/84"A politician would do well to remember that he has to live with
his conscience longer than he does with his constituents."
-Melvin R. Laird
AGENDA
REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL
Tuesday, November 13, 1984 - Council Chambers, City Hall
Closed Session - 6:00 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 -(T -,ill 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.
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PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS: 1736 Center Holiday Concert Day,
Sunday, November 18, 1984
Endorsement of Club Access, non-profit enter-
prise providing entertainment and mobility for
the handicapped.
1. 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.)
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(a) Approval of Minutes: Regular meeting of the City Council
held on October 23, 1984.
Recommended Action: To approve minutes.
(b) Demands & Warrants: November 13, 1984.
Recommended Action: To approve Demands & Warrants No.
through inclusive.
('c) Claim for -Damages: Kevin Okura, "'1186 P.elon Way, Monterey
Park, Ca 91754 represented by .Edwin J. Wilson, Jr. Atty.,
1440 Broadway, Ste. 904, Oakland, CA 94612, :filed October
29, 1984.
CITY ATTORNEY TO BE CO -COUNSEL ON THIS CASE. 4-0
Recommended Action: To deny claim and refer to this
City's insurance carrier.
(d) Claim for Damages: Thomas M. Emerson, 2209 Curtis Avenue,
#T, Redondo Beach, 90278, filed November 5, 1984.
Recommended Action: To deny claim and refer to this
City's insurance carrier.
(e) City Manager Activity Report: Memorandum from City Man-
ager Gregory T. Meyer dated November 8, 1984.
Recommended Action: To receive and file.
(f) Tentative Future Agenda Items.
Recommended Action: To receive and file.
CHECK WITH ICA RISK MANAGEMENT ASSOCIATION RE. LIABILITY
INSURANCE.
(g) Unofficial results November 6 election: Memorandum -from
City Clerk Kathleen Reviczky dated November 8, 1984.
Recommended Action: To receive and file.
{h) Police -Activity :Report: September, 1984.
Recommended Action: To receive and file.
(i) Industrial Development Bonds: Memorandum from City Man-
ager Gregory T. Meyer dated. November 7, 1984.•`
Recommended Action: To receive and file.
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(j) Approval of contract with Municipal Services, Inc. for
.administration of CDBG funds. Memorandum from Planning
Assistant Kim Reardon Crites dated November 7, 1984.
Recommended Action: To approve contract.
(k) Report on Public Improvement Assessments. Memorandum from
Public Works Director Anthony Antich dated November 8,
1984.
Itecommended Action: .ro-receive and file.
(1) Re ort :on sidewalk re uirement -for Friedman construction
at 573 - 18th Street. Continued from 10/9/84 meeting.
Memorandum from Building & Safety Director William Grove
dated November 6, 1984.
Recommended Action: To receive and file.
( RE. ITEMS K & L - STAFF REPORT BACK RE. SLIDING FEE SCHEDULE
(m) Required reporting re. City Investments. Memorandum from
City Manager Gregory T. Meyer dated October 31, 1984.
Recommended Action: To approve staff recommendation.
APPROVE C.M. RECOMMENDATION ON REPORTING DATES, ETC.
(n) ORDINANCE NO. 84-778 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH ADDING TO THE ZONING CODE, SEC-
TION 229.1 LOT COVERAGE. For waiver of further reading
and adoption.
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
Letter and petition from Stacey T. Percan and Sandra
Bartiromo, 721-A 6th Street, dated October 25, 1984,
grievance re. Learned Lumber operations.
WOOD WOULD LIKE TO GIVE LEARNED LUMBER CHANCE TO COME UP WITH
ANSWER. IF -NOTHING WITHIN A FEW WEEKS, -WILL °MAKE .AN AGENDA'ITEM.
PUBLIC -HEARIOGS
3. POLICE ASSOCIATION DEMANDS: WAGES, HOURS AND WORKING CON-
DITIONS. Letter from Hermosa Beach Police Officers As-
sociation dated October 19, 1984. Memorandum from City
Manager Gregory T. Meyer dated November .7, 1984.
ADOPT RES. IMPLEMENTING CITY LAST 7 FINAL OFFER FOR ONE YEAR.
4. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHANGE FROM
C-3 TO R-3 AT 736 FOURTH STREET. Mr. Jess Negrete, Appel-
lant. Memorandum from Planning Assistant Kim Reardon
Crites dated November 7, 1984.
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REQUEST DENIED.
5. CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH THE OPERATION OF THE COMMUNITY CENTER
THEATRE AT 710 PIER AVENUE. Memorandum from Building and
Safety Director William Grove dated November 2, 1984.
APPROVE C.U.P. WITH THE NINE LISTED CONDITIONS.
6. APPEAL FROM DENIAL BY BOARD OF ZONING ADJUSTMENTS FOR A
-VARIAN.CE TO PARKING STANDARDS AT 338 PACIFIC COAST -HIGH-
.WAY. -Mr. Dale Moore, Appellant. .Memorandum from Building
and Safety Director William Grove dated :'October 26, 1984.
CONTINUED TO 11/27
'MUNICIPAL MATTERS
7. TRANSIT REPORT - ESEA SHUTTLE. (Continued from 10/23
meeting. Memorandum from Planning Assistant Kim Reardon
Crites dated
ADOPT STAFF RECOMMENDATION 1 AND 2.
8. RECOMMENDATION TO ALLOCATE CROSSING GUARD, PROSPECT .AVENUE
AT HERMOSA VIEW SCHOOL. Memorandum from City Manager
Gregory T. Meyer dated November 8, 1984.
APPROVED HIRING CROSSING GUARD TO BE LOCATED IN FRONT OF HERMOSA
VIEW SCHOOL.
9. DEVELOPMENT STANDARDS FOR PRE-SCHOOLS AND DAY CARE FACILI-
TIES IN HERMOSA BEACH. Memorandum from Councilmember John
Cioffi dated November 1, 1984.
C.M. TO REPORT BACK 12/13/84.
10. RECRUITMENT OF CHILD ABUSE TASK FORCE ADMINISTRATOR:
Memorandum from City Manager Gregory T. Meyer dated Novem-
ber 8, 1984.
C.M. RECOMMENDATIONS 11 49 5, 6 OK 3-1 WOOD; C.M. RECOMMENDATIONS
2 & 3 OK 3-1 DEBELLIS.
11. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 80-654 RELATING
TO TRAVEL EXPENSES. Memorandum from Finance Administrator
Viki Copeland dated November 6, 1984.
LINE 9, 2ND PAGE ADD "WITHIN 30 DAYS"; LINE 11-1/2 ADD "HANDWRIT-
TEN RECEIPTS MAY BE ACCEPTED FOR UNUSUAL OCCASIONS".
12. LEASE AGREEMENT BETWEEN CIY AND PROSPECT HEIGHTS BILINGUAL
SCHOOL FOR USE OF PARKING LOT (PLAYGROUND) JUST PURCHASED
BY THE CITY. Memorandum from Community Resources Director
Alana Mastrian dated November 7, 1984.
APPROVE AGREEMENT WITH ADDITION OF A SMALL FEE NOT TO EXCEED $25/
MO.
13. ELIMINATION OF FREE GUEST PARKING PASSES. Memorandum from
Acting Public Works Director William Grove dated October
31, 1984.
STAFF TO COME BACK 1ST JANUARY MEETING W/EXTENSIVE ANALYSIS TO
ALLOW LARGE AMOUNT OF PERMITS FOR SPECIAL OCCASIONS BUT TRY TO
ELIMINATE ABUSES. DEBELLIS SUGGESTED COMPUTERIZING ADDRESSES AND
WOULD LIKE PARKING PASSES TO BE A PART OF"P.A-RKING -PROGRAM.
1 CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION.
15. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION.
a. Approval of minutes of 10/9/84 meeting.
C.M. TO COME UP WITH NEW MINUTES SECRETARY
b. 1984-85 Vehicle Parking District budget.
CONTINUE TO 11/27
C. Review of valet stack parking system on VPD lots.
VPD PREPARE AN RFP TO BE AVAILABLE FOR REVIEW PRIOR TO IST
JANUARY MEETING.
16. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. Gould/27th Street Traffic Circulation Status Re-
port. (Continued from 10/23 meeting)
RECEIVE AND FILE
b. Request for Closed Session 11/27/84
CLOSED SESSION SET FOR 6:30 P.M. 11/27/84
..c. -Implementation _.o.f r-ecent -State .and Federal
Legislation.
EACH STAFF TO�`PREPARE REPORT FOR 1ST MTG. IN JANUARY.
d. Recommendation to set interview date re. City At-
torney recruiting.
CITY ATTORNEY KANE TO ATTEMPT TO NARROW APPLICANTS TO 2 OR 3 WITH
SYNOPSIS OF EACH PROPOSAL. C.C. MAY DECIDE TO INTERVIEW ALL.
17. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. Railroad right-of-way Subcommittee Report
b. PCH Parking District Subcommittee Report
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C.M. & ANTICH TO MEET WITH WOOD COME BACK W/PROPOSAL 12/13 MTG.
18. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY
NATURE.
19. OTHER MATTERS - CITY COUNCIL.
DEBELLIS - CONTRACT WITH CITY MANAGER BE AMENDED TO INCLUDE CITY
PAYING PERS CONTRIBUTION. OK 4-0
DEBELLIS - ASKED THAT CANDIDATES FOR OFFICE BE ASKED TO REMOVE
THEIR POLITICAL SIGNS -FROM CITY'S TELEPHONE POLES.
BRUTSCH - BFI COLLECTING TRASH AT 5:45 A.M. SOME AREAS - LOOK
INTO.
WOOD - P.O. NOT TO EXCEED $2,000 FOR COTTON FROM PROSPECTIVE
EXPENDITURES.
WOOD - NEED COPIES OF OIL ORDINANCES FROM INGLEWOOD, LA., AND
TORRANCE AND REDONDO BEACH. THEN PUT TOGETHER ONE FOR H.B. WOULD
LIKE TENTATIVE SCHEDULE FOR OIL CODE AND SELECTION OF OPERATOR BY
RFP. C.M. TO COME BACK W/ABOVE.
ADJOURNMENT
6
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach, California, held on Tuesday, October 23, 1984, at
the hour of 8:00 P.M.
CLOSED SESSION - 6:12 P.M.
Present -Brutsch, Cioffi, DeBellis, Wood (arrived 7:10 P.M.),
Mayor Barks
Absent - None
PLEDGE OF ALLEGIANCE - Violet Isgreen
ROLL CALL
Present - Brutsch, Cioffi, DeBellis, Wood, Mayor Barks
Absent - None
1. CONSENT CALENDAR
ACTION - To approve the Consent Calendar items (.a) through
(q).
Motion Mayor Barks, second Brutsch. So ordered noting a "NO"
vote by Councilman Wood on the adoption of Ordinance No.
84-777 (item q).
(a) Approval of Minutes: Regular meeting of the City Council
held on October 9, 1984.
ACTION - To approve minutes.
(b) Demands & Warrants: October 23, 1984
ACTION - To approve Demands & Warrants Nos. 15188 through
15319 inclusive noting voided warrants 15192 and 15289.
(c) City Treasurer's Report: June, 1984
ACTION - To receive and file.
(d) City Treasurer's Report: July, 1984
ACTION -To receive and file.
(e) City Treasurer's Report: August, 1984
ACTION - To receive and file.
(f) Cancellation of Warrants: October 23, 1984
ACTION - To approve cancellation of Warrants No. 014804 and
015024.
(g) Approval of Final Parcel Map No. 16164: Three -unit condo-
minium located at 630-632 Ardmore Avenue.
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it
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ACTION - To adopt Resolution No. 84-,4768 entitled "A RESOLU- a
TION OF THE CITY COUNCIL'OF THE CITY OF HERMOSA BEACH,
,•CALIFORNIA, GRANTING FINAL APPROVAL -OF PARCEL MAP NO. 16164
FOR A 3 -UNIT CONDOMINIUM PROJECT LOCATED AT 630-632 ARDMORE
AVENUE, HERMOSA BEACH, CALIFORNIA.".
(h) Letter from Board of Supervisors dated September 28, 1984 re
Minute Order Actions Taken at their 9-25-84 Meeting
ACTION - To receive and file.
(i) City Manager Activity Report: Memorandum from', City Manager
Gregory T,.. Meyer dated October `18, 1984.
ACTION - To.receive and file.
(j) Tentative Future Agenda Items
ACTION-To.,receive and file.
(k) Building Department Activity Report: September, 1984.
ACTION To receive and file.
(1) Approval,of Lease Agreement with Easter Seals at Community
Center. Memorandum from Alana M. Mastrian, Director,
Department of Community Resources dated October 16, 1984.
ACTION - To -.approve the Lease Agreement between the City.of
Hermosa Beach and Easter -Seal Organization for a period of
eleven months.commencing.October 1, 1984 and ending September
30, 1985,for the use of Rooms 14, 16 and 17 (2,760 sq. ft.)
at the rate -of $1,601.00 per month payable on the first day
of the month.
(m) Police Statistics: September, 1984.
ACTION To.receive and file.
(n) City Treasurer Report: September, 1984.
ACTION - To r.e.ceive and file.
(o) Revenue Reporting: September, 1984.
ACTION -10 receive and file.
(p) Expenditure -Reporting: September, 1984.
ACTION - To receive an-dd file.
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�(q) ORDINANCE NO. 84-777 AN ORDINANCE OF THE CITY OF HERMOSA
BEACH, AMENDING THE ZONING AND GENERAL PLAN DESIGNATION FOR.
'LOTS 10-22 INCLUSIVE OF BLOCK "K" OF TRACT NO. 1686 OF SOUTH
SCHOOL SITE.FROM UNZONED, OPEN SPACE TO R-3PD, HIGH DENSITY.
Submitted for waiver of further reading and adoption.
ACTION - To waive further reading and adopt Ordinance No.
84-777 entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
AMENDING THE ZONING AND GENERAL PLAN DESIGNATION FOR LOTS
10-22 INCLUSIVE OF BLOCK "K" OF TRACT NO. 1686 OF SOUTH
SCHOOL SITE FROM UNZONED, OPEN SPACE TO R-3PD, HIGH DENSITY."
Motion Wood, second Mayor Barks. So ordered noting a "NO"
vote by Councilman Wood on the adoption.
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC
a) Letter from Hermosa Beach Police Officers Association
requesting a Public Hearing the first regular City
Council meeting of November, 1984.
ACTION - To set a Public Hearing for the first regular
City Council meeting in November granting the request
of the Hermosa Beach Police Officers Association to
address the City Council.
Motion Wood, second Brutsch. So ordered.
FINAL ACTION - To advertise this item as a display ad
in the South Bay Daily Breeze as well as the Easy
Reader.
Motion Mayor Barks, second DeBellis. So ordered noting
the "NO" vote by Councilman Wood.
b) Letter from Jaime Bogane, 317 Culper Court received
October 19, 1984.
ACTION - To receive and file.
Motion Mayor Barks, second Wood. So ordered.
c) Letter from Mrs. Walter J. Taylor, 454 Hollowell dated
October 9, 1984 re Prospect Heights School.
ACTION - To receive and file.
Motion Mayor Barks, second Wood. So ordered.
PUBLIC HEARINGS
3. REZONING OF PROSPECT HEIGHTS SCHOOL. Memorandum from
Planning Assistant Kim Reardon -Crites dated October 18, 1984.
The staff report was presented by Planning Assistant Kim
Reardon -Crites.
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The Public Hearing was opened. Coming forward to speak were:
'Wilma Burt, 1152 - 7th Street - objects to R-2 zoning, unfair
use of City Council power.
William Simas, 1214 - 10th Street - against downzoning of
personal and City property.
Harold Spear, 50 - 10th Street - questioned change in number
of houses on number.of lots.
The Public Hearing was closed.
ACTION - To table this item. '
Motion Wood, second Brutsch
AYES - Brutsch, DeBellis, Wood
NOES - Cioffi, Mayor Barks
FINAL ACTION - To request a joint meeting with the School .
Board to discuss this issue as well as other School/City
issues, to be held after the fifth school board member is
installed.
Motion Mayor Barks, second.DeBellis. So ordered.
4. MERGER OF SUBSTANDARD LOTS. Memorandum from Planning
Assistant Kim Reardon -Crites dated October 17, 1984.
The staff report was presented by Planning Assistant Kim
Reardon -Crites.
The Public Hearing was opened.. Coming forward to speak in
favor of the lot merger were:
Gordon Reiter, 643 - 24th Place - State Law change caused
concern - approximately 300 properties involved.
Pat Riley, 725 - 24th Place = impossible situation
Steve Butler, 635 - 24th Place - property rights diminished
Ray Waters, 615 24th Place - wants merging of lots
June Allison, 620 - 24th Place - stressed parking problem
Bob Fleck, 620 - 24th Place - in favor of merger
Dave Jorgensen, 2314 Ardmore - asked for clarification
Speaking against the lot merger were:
Charles Haigh, 1133 - 7th Place - should have right to sell
individual lots, suggested grandfathering
Arthur McCall, 5253 Lupin Street, Yorba Linda - six 25 -foo t
lots have been in family for years - against merger
Will Scoggins, 1144 - 7th Street - asked for clarification of
proposed ordinance
Calvin Emery, 2060 Hillcrest - City Council has responsi-
bility to citizens, not fair for citizens to pay for some-
one else's lifestyle
Jim Tonder, 1219 - 20th Street - asked for consistency in
looking at this issue and Prospect Heights - increased
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density will have little impact
Gary -McClure, 2206 Prospect - feels there is no problem with
density in the area
Butch Kuflak, 659/665 Longfellow - feels this should be put
off at least until 1985
William Lyle, 1281 - 7th Place - owns 2 lots, R-2, with one
house - wanted to know what was going on
Dale Neumen, 3500 Strand - opposes lot merger
Dorothy Schmidt, 1549 Golden Avenue - stressed unfairness -
her property changed from R-2 to R-1 and now they want to
merge her lots
Wilma Burt, 1152 - 7th Street - opposes merger, notification
must be done by certified mail
William Simas, 1214 - 10th Street - calls this downgrading
Joe Diaz,. 2040 Hillcrest Drive - feels merger is unfair
No position was noted by the following:
Chuck Sheldon, 15 - 9th Street - suggested Council investi-
gate the value of a home on one 50 -foot lot versus one on
two 25 -foot lots. Feels issue is what housing stock do we
want in the future
The Public Hearing was closed.
PROPOSED ACTION - To receive and file the recommendation
of the Planning Commission.
Motion Wood, second Brutsch
SUBSTITUTE MOTION - To refer this item back to the Planning
Department as a work program to be studied when the new.
Planning -Director has been hired.
ACTION Substitute motion to become the main motion.
Motion DeBellis, second Cioffi. So ordered noting a "NO"
vote by Councilman Wood.
FINAL ACTION - To refer this item back to the Planning
Department as'a work program to be studied when the new
Planning Director has been hired.
Motion DeBellis, second Cioffi
So ordered noting "NO" votes by Brutsch and Wood
A recess was called at 10:00 P.M.
The meeting reconvened at 10:10 P.M.
5. DOWNTOWN AREA POLICY PLAN. Memorandum from Planning
Assistant Kim Reardon -Crites dated October 18, 1984.
The staff report was presented by City Manager Meyer.
Mr. Jim Fergus of the firm of Phillips Brandt Reddick,
consultants, made a short presentation on the analysis
prepared by his firm on the elements of the Policy Plan.
5 — Minutes 10-23-84
a
The Public Hearing was opened. Coming forward to speak
were:
Wilma Burt, 1152 - 7th Street - felt business people should
be brought together with the Planning Commission to develop
ideas and make decisions together
Roger Creighton, 1101 - 2nd Street - let businesses be
involved in making decisions
Chuck Sheldon, 25 - 9th Street - feels City Council should do
"something".
Hal Spear, 50 - 10th Street - stated it may not be necessary
to have a Master Plan
The Public Hearing was closed.
ACTION - To adopt the staff recommendation as follows with
the stipulation that the recommendation be implemented the
day following the December 11, 1984 election:
1. City to proceed with a Policy Plan for downtown.
2. To allocate $23,000 to develop a Policy Plan for
- the entire downtown area pursuant to the Planning
Commission recommendation. To allocate this amount
in the FY84-85 budget under the Planning Depart-
ment Professional Services, changing the emphasis
from Traffic. Circulation to Policy Plan and
increasing the amount from $16,205 to $23,000.
This will be an appropriation transfer from
Prospective Expenditures in the amount of $6,795.
Motion Barks, second Cioffi
AYES - Cioffi, DeBellis, Mayor Barks
NOES - Brutsch, Wood
6., REQUEST BY STORER CABLE TV TO INCREASE THE PER OUTLET COMMER-
CIAL ACCOUNT FEES FROM $3.50 PER OUTLET TO $5.50 PER OUTLET
AND, IN ANTICIPATION OF A 2% INCREASE IN FRANCHISE FEES, A 2%
INCREASE IN BASIC FEES AS PROVIDED IN THE AGREEMENT. EFFECT-
IVE JANUARY 1, 1985. Memorandum from General Services
Director Joan Noon dated October 9, 1984.
The staff report was presented by General Services Director
Joan Noon.
Mr. Gary Masali, 3041 Mira Loma Avenue, representing
Storer Cable Television, stated they had no objection to
the staff recommendation.
The Public Hearing was opened.
No one coming forward, the Public Hearing was closed.
ACTION - To approve the staff recommendation that effective
January 1, 1985 the City Council:
1 Approve the 2% rate increase as requested by Storer
Cable T.V. with the understnding that if the Federal
Communications Commission does not approve the City's.
6 - Minutes 10-23-84
request for a two percent increase in franchise fees,
Storer Cable will rescind the planned rate increase in
basic fees.
2. Increase the per outlet commercial account fee to
$5.50/outlet/month.
Motion DeBellis, second Cioffi. So ordered.
7. PROPOSED ORDINANCE ADDING A SECTION TO THE ZONING CODE
DEFINING LOT COVERAGE. Memorandum from Planning Assistant
Kim Reardon -Crites dated October 17, 1984.
The Public Hearing was opened.
No one coming forward, the Public Hearing was closed.
ACTION - To waive full reading of Ordinance No. 84-778
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, ADDING TO THE ZONING CODE,
SECTION 229.1 LOT COVERAGE."
Motion Wood, second Brutsch. So ordered.
FINAL ACTION - To introduce Ordinance No. 84-778 with a
change on line 20 to read "not exceeding a five-foot pro-
jection".'
Motion Wood, second Brutsch. So ordered.
MUNICIPAL MATTERS
8. TRANSIT REPORT - ESEA SHUTTLE. Memorandum from Planning
Assistant Kim Reardon -Crites dated October 17, 1984.
Not heard.
9. SOUTH SCHOOL PARKING LOT STATUS REPORT. Memorandum from City
Manager Gregory T. Meyer dated October 8, 1984.
ACTION -.To receive and file.
Motion DeBellis, second Brutsch. So ordered.
10. SPECIAL MUNICIPAL ELECTION - DECEMBER 11, 1984. Memorandum
from City Clerk Kathleen Reviczky dated October 18, 1984.
The staff, report was presented by City Manager Meyer.
a. Resolution ordering canvass to be made by the City
Clerk date change.
ACTION - To adopt Resolution No. 84-4769 entitled "A
RESOLUTION OF THE CITY COUNCIL -OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, SUPERSEDING RESOLUTION NO. 84-4764,
ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION
7 - Minutes 10-23-84
TO BE HELD ON TUESDAY, DECEMBER 11, 1984, TO BE MADE
BY THE CITY CLERK."
Motion Mayor Barks, second Brutsch. So ordered.
b. Resolution establishing voting precincts and polling
places and fixing compensation for the Special Municipal
Election on December 11, 1984.
ACTION - To adopt Resolution No. 84-4770 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND
POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND
FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION
OF THE CITY ON TUESDAY, DECEMBER 11, 1984 CALLED BY
RESOLUTION NO. 84-4757 OF THE CITY COUNCIL."
Motion Mayor Barks, second Brutsch. So ordered.
11. FILING OF GRANT RE ABANDONED RAILROAD RIGHT OF WAY: TRANS-
PORTATION PLANNING AND DEVELOPMENT TP&D), TRANSIT CAPITAL
IMPROVEMENT PROGRAM. Memorandum from City Manager Gregory T.
Meyer dated October 19, 1984.
ACTION - To approve the staff recommendation authorizing the
City Manager to file for a Transportation Planning and
Development grant to acquire abandoned railroad right-of-way
for public transportation purposes.
Motion Mayor Barks, second Wood. So ordered.
12. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION
None
13. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION
Not heard
14. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. Gould/27th Street Traffic Circulation: Status Report..
Memorandum from City Manager Gregory T. Meyer dated
October 19, 1984.
Not,heard
b. Request for Closed Session 11-13-84. Memorandum from
City Manager Gregory T. Meyer dated October 19,1984.
15. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
b. Child Abuse Subcommittee Report - Councilman Cioffi
Memorandum from City Manager Gregory T. Meyer dated
October 19, 1984.
Councilman Cioffi reported that this committee had met
numerous times and a consensus was reached regarding
the need for increased awareness. Three proposals
had been received. The staff recommendation calls for
hiring a coordinator at $18,000-$22,000/year and sub-
contracting with four non-profit agencies experienced
in the field of child abuse.
ACTION - To approve the proposal for child abuse
prevention as submitted by the Child Abuse Subcommittee
dated October 22, 1984.
Motion Cioffi, second Mayor Barks. So ordered noting
the "NO" vote by Councilman Wood.
C. Pacific Coast Highway Parking District Subcommittee
Report - Councilman Wood
Not heard.
d. Community Development Block Grant Program 1985-88.
Memorandum from City Manager Gregory T. Meyer dated
October 19, 1984.
ACTION - To reconsider the City Council's decision on
CDBG program for 1985-1988.
Motion Cioffi, second Mayor Barks. So ordered noting
"NO" votes by Brutsch and Wood.
FINAL ACTION - To instruct the City Manager to send a
letter to the Community Development Block Grant of
Los Angeles County stating our decision to reenter a
contractural agreement with them, this to be done only
on the basis of the swapping of the allocated funds.
Motion DeBellis, second Cioffi. So ordered noting
"NO" votes by Brutsch and Wood.
e. Status of City Council Conference Expenses. Memorandum
from City.Manager Gregory T. Meyer dated October 19,
1984.
Not heard
f. Resolution - Sister City - 17 Year Anniversary.
ACTION - To adopt Resolution No. 84-4771 entitled "A
RESOLUTION OF THE CITY COUNCIL, CITY OF HERMOSA BEACH,
CALIFORNIA, COMMEMORATING THE SEVENTEENTH ANNIVERSARY OF
THE SISTER CITY RELATIONSHIP BETWEEN THE CITY OF HERMOSA
BEACH, CALIFORNIA, AND LORETO, BAJA CALIFORNIA, MEXICO."
Motion Mayor Barks, second Brutsch. So ordered.
�y
9 - ,'Minutes 10-23-84
g.
h.
i.
i -
City Council Meetings - November, 1984. YMemorandum from
City Manager Gregory T. Meyer dated October 19, 1984.
ACTION - To.hold the regular City Council meeting on
November 13,'19.84.
Motion Wood, second Brutsch. So ordered.
FINAL ACTION - To hold the regular City Council meeting
on November 27, 1984.
Motion Wood, second DeBellis. So ordered.
First City Council Meeting, December, 1984. Memorandum
from City Manager Gregory T. Meyer dated October 19,
1984.
ACTION - To approve the City Manager's recommendation to
reaffirm that its first regular meeting for December
will .be December 13 at 7:30 P.M. and schedule a second
meeting on December 18, 1984 at 7:00 P.M. for the
canvass of the vote from the December 11, 1984 election.
Motion Mayor Barks, second Wood. So ordered.
Report from Petroleum Consultants. Memorandum from City
Manager Gregory T. Meyer dated October 22, 1984.
ACTION - To distribute the final' report on slant
drillin,g to appropriate individuals of the Oil Recovery
Commission, the Chamber of Commerce and concerned
citizens.
Motion Brutsch, second Wood. So ordered.
16. ORAL COMMUNICATIONS FROM PUBLIC -'MATTERS OF AN URGENCY
NATURE
Hal Spear, 50-- 10th Street. - asked if the City Council had
hired a City.employee as the coordinator for the Hermosa
Beach Child Abuse Prevention Task Force. Councilman Cioffi
stated they would contract for a coordinator who would not be
a City employee.
John Toman, 311 - 27th Street asked for time to read a
report from'the 27th Street Environmental Protection Assn.
Mayor Barks advised Mr. .Toman that this item would be on the
agenda for the meeting of November 13, 1984 and that would be
the appropriate time to present his material.
17. OTHER MATTERS - CITY COUNCIL
Councilman"Cioffi
ACTION - To have the City of Hermosa Beach join the Independ-
ent Cities Association a'nd .inv.estigate the possibility of
saving money on workmen's :compensation insurance, liabilty
insurance and -other insurance ,packages.
Motion DeBellis, secondBrutsch. So ordered notng a "NO"
vote by Councilman Wood.,
10 - Minutes 10-23-84
4
tl
ADJOURNMENT
On a motion,;b3;:Mayor Barks, seconded by Wood, the Regular
Meeting of ',4e City Council of the City of Hermosa Beach
was adjourned at the hour of 11:50 P.M. on Tuesday, October 23,
1984 to a Regular Meeting to be held on Tuesday, November 13,
1984 at the hour of 7:30 P.M.
Minutes 10-23-84
r
I
1. Location
a. Address:
b. Legnal:
2. Description
736 4th Street Hermosa Beach,I California 90254
Lot 29'' T"]alter Ransom Co "s Venable Place
Zone change from C-3 to R-3
3. Sponsor
a.Name: Jess Negrete
b. Mai 1in,- Address•4231 181st Street Torrance, California 90504
Phone: 370-2987
NEGATIVE DECLARATION
In accordance with Resolution 79-4309 of the City of Hermosa Beach, whit:
implements the California Environmental Quality Act of 1970 in Hermosa Bt
the Environmental Review Committee must make an environmental review of
private projects proposed to be undertaken within the City, and the Boar(
Zoning Adjustments must make an environmental review of all public proje(
proposed to be undertaken within the City, which are subject to the Envi--
mental Quality Act. This declaration is documentation of the review and
itobecomes final, no comprehensive Environmental Impact Report is require
for this project.
FINDING OF ENVIRONMENTAL REVIEW COMMITTEE
We have undertaken and completed an Environmental Impact Review of this 1
posed project in accordance with Resolution 79-4309 of the City Council c
Hermosa Beach, and find that this project does not require a comprehensiv
Environmental Impact Report because, provided the attached mitigation-meE
ures are included in the project, it would not have a significant.effect
on the environment. Documentation supporting this finding is on file in
Building Department.
Date of Finding Chairman, Environmental Review Committee
We have undertaken and completed an Environmental Impact Review of this I
posed project in accordance with Resolution 79-4309 of the City Council c
Hermosa Beach, and find that this project does not require a comprehensi"
Environmental Impact Report because it would not have a significant effec
on the environment. Documentation supporting this finding is on file in
Bu i ding Department. lu
A' `,0, r '
amd __01
Date of Finding Chairman, Environmeh1tai heview Committee
FINDING OF THE BOARD OF ZONING ADJUSTMENTS
'Ne have undertaken and completed an Environmental Impact Review of this p
posed project in accordance with Resolution 79-4309 of the City Council o
Hermosa Beach, and find that this project does not require a comprehensiv
Environmental Impact Report because, provided the attached mitigation mea
ures are included in the project, it would not have a sibnificant effect
the environment. Documentation supporting this finding is on file in the
Building Department.
Date of Finding Secretary, Board of Zoning Adjustments
We have undertaken and completed an Environmental Impact Review of this p
posed project in accordance with REsolution 79-4309 of the City Council o
Hermosa Beach, and find that this project does not require a comprehensiv+
Environmental Impact Report because it would not have a significant effec
the environment. Documentation supporting this finding is on file in the
Building Department..: 4
epartment.:4
t. _ -A—:
Date of Finding Secretary, Board of Zoning Adjustments:
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�N � %,j.� C`•^.d.w .���-7'�"�-'4.. j�rv�'Ni��.S���l�f?�����}�ti
November 8, 1984
Honorable Mayor and Members City Council Meeting
of the City Council of November 13, 1984
IMPLEMENTATION OF RECENT STATE & FEDERAL LEGISLATION
Recommendation
It is recommended that this report be received and filed.
Background
Much important legislation has been enacted in the last year at
the State and Federal levels. Today the League of Cities held a
conference to highlight matters of municipal concern. This re-
port shares that information with you and highlights matters
which I thought should be called to your attention.
Analysis '
On the federal level there are two items of considerable impor-
tance. They are: Cable TV and Antitrust legislation. The at-
tached October 31, 1984 League of Cities Bulletin describes those
actions.
There are many new statutes enacted at the State level. The at-
tached November, 1984 Legislative Wrap -Up describes them in
detail.
Items which I wish to call to your attention are:
1. Investment of Idle Funds. Monthly Reporting Requirement.
AB 1073 (Cortese), Chapter 1226, 1984 Statutes.
This measure provides that the treasurer or chief fiscal
officer of a local agency must annually render to the
legislative body of the local agency a statement of in-
vestment policy. In addition, the treasurer or chief
fiscal officer must render a monthly report to the chief
executive officer (city manager) and legislative body of
the local agency showing the type of investment, in-
stitution, date of maturity, amount of deposit, current
market value for all securities with a maturity of more
than twelve months, rate of interest, and such data as
may be required by the local agency.
2. Investment of Idle Funds. Deposit of Public Monies in
Credit Unions. ACA 21 (McAlister), Resolution Chapter
106, 1984 Statutes.
This Assembly Constitutional Amendment, which will be on
the next statewide ballot (presumably June 1986), states
that the Legislature may provide for the deposit of
public monies in any credit union in the state. Current
constitutional provisions state that the,Legislature may rr
� t4
t1
provide for the deposit of public monies in any bank or
savings and loan in this state.
3• Revenues from Oil and Gas Leases.
SB 1983 (Robbins), Chapter 1553, 1984 Statutes.
Under existing law, the State Controller is required to
annually pay each city or county having tide and sub-
merged lands 1% of the revenues paid to the state from
oil and gas leases within the city or county, but the
total amount paid to each city or county may not exceed
$75,000 per mile of ocean frontage within and owned or
operated as a park by that city or county. This measure
increases that limit to $100,000 per mile and deletes
the limitation with regard to new revenues in excess of
those the state received during 1983-84. This measure
would further require that after July 1, 1985, 1% of
state oil and gas revenues be deposited in the State
Fair -and Exposition Fund for the purpose of purchasing a
permanent site for the 51st District Agricultural As-
sociation Fair in Los Angeles County.
4. Revision of State Planning Act.
AB 2038 (Cortese), Chapter 1009, 1984 Statutes.
SB 1317 (Marks), Chapter 690, 1984 Statutes.
These two bills substantially revise and recodify th
existing planning law. AB 2038 deletes the scenic high-
ways element from the general plan, consolidates the
remaining eight elements into seven elements and
simplifies the legal requirements for many of the
general plan elements. The bill eliminates the list of
optional general plan elements, simplifies the noise
element, consolidates existing public hearing notice
requirements into one section, revises the specific plan
law to make that law more usable, and repeals the Model
Integrated Local Planning Act and the District Planning
Law. AB 2038 makes technical changes in the Quimby Act
(the parkland dedication law), provides that procedural
errors in planning, zoning, and subdivision proceedings
do not invalidate the actions unless the errors were
preductal, and revises the procedures for the adoption
and amendment of general plans. AB 1317 consolidates
into one article of the planning and zoning law the ex-
isting six articles relating to local planning agencies.
It simplifies that law and repeals unnecessary sections.
The two bills result from several years of work by a
task force made up of representatives of both governmen-
tal and private sector interests.
5. Statutory Vested Right to Build. `
SB 1660 (Montoya), Chapter 1113, 1984 Statutes.
California courts have determined that there is no
"vested right to build" until a builder has received a
building permit and performed substantial improvements
on the property pursuant to that building permit. SB
1660 modifies the case law and establishes a limited
statutory "vested right" to build. Basically, the bill
creates two kinds of tentative maps. It leaves unchan-
ged the standard tentative subdivision map, and creates
a "vesting tentative map." The bill requires cities and
counties to establish ordinances by January 1 of 1986
which establsh procedures and standards for processng
these vesting tentative maps. It provides that these
maps will be processed the same as ordinary tentative
maps except where otherwise required by state law or
local ordinance. SB 1660 further provides that once a
"vesting tentative map" is approved, the builder may
then proceed with development of the property, and has
the right to build the development which was approved by
the city for a period of time which is calculated by
adding together the following: (1) the life of the map,
plus (2) one to three years past the date the final map
is recorded (the time period is prescribed by local or-
dinance but may not be less than one nor more than three
years) to roceive a building permit, plus (3) the life
of the building permit plus any extensions. At the end
of that time period (approximately four to ten years
depending on local actions) the builder must have met
the standard common law "vested rights" test in order to
be able to continue to build. During the life of the
builder's "vested right" to buld, the local agency may
only change the rules and require design changes, etc.,
if it is necessary to protect the public health and
safety or to comply with changes in state or federal
law. Cities should review this changed law and proceed
with processing implementing ordinances. It is probable
that there will be a "cleanup bill" next year, and we
request that city attorneys and planning directors re-
view this bill and send to us as soon as possible their
comments on technical problems with the bill that can be
corrected next year.
6. Neighborhood Watch.
AB 3917 (Hayden), Chapter 1457, 1984 Statutes.
This bill requires the Office of Criminal Justice Plan-
ning to conduct three regional neighborhood watch
leadership and training conferences and appropriates
$90,000 for these purposes.
7. School Site Disposition Advisory Committees.
AB 2912 (CVampbell) Chapter 584, 1984 Statutes.
This League -sponsored bill modifies the composition of ---
school district school site disposition committees to
require that those committees contain persons who have
knowledge of the zoning and other land use restrictions
of the city in which the surplus site is located.
'sagnqeqS h861 `E8 aagdeg0 `(Tegquasod) EM SS
•spaooad ageoTTdnQ jo uoTgonagsaQ •ZL
•aoueuTpao Aqunoo ao AgTo e og quensand
gano aqq uo quTed paa ao uSTs e Aq pageuSTsap ST goTqM
pue >ITemapTs aqq oq AgTTTgTssaooe aTegoTaagm apTAoad oq
pagonagsuoo ao `paaamoT `umop qno uaaq seq goTqM gano e
3o uoTgaod qeqq jo quoaj UT eaae aqq saoeTd asagq Suowe
sapnTouT TTTq sTgZ •saoeTd paT3Toads UT aToTgaA AUC
SuTpuegs SuTAeaT ao `SuT>jaed `SuTddogs `uosaad e gsuTeSe
suoigTgTqoad TeaauaS 3o aagwnu e sapnTouT meT SuTgsTxg
'sagnqeqS h861 `ZS8 aagdeg0 `(opueTa3) 8ZZZ Sy
•saTegolaagM a03 ssaooy >lTeMapTS :SuTIaed aeTnoTgaA 'll
•swaTgoad
ggTeaq pue Agajes oTlgnd aaggo ao Agajes oT3jeaq sageaao
gTwaad aqq Aq pazTaoggne SuTxaed qqq sauTwaagap AgTaogq
-ne TeooT aqq 3T SuTaeag ao aoTgou gnogqTm gTwaad e jo
uoTgeoonaa aqq sazTaoggne osle TTTq aqZ •YlTemapTs e uo
SuTiaed azTaoggne qou Aew sgTwaad asagq geqq saTJToads
TTTq aqZ •panssT ST gTwaad aqq goTqM aoJ Agaadoad aqq
saseaT ao sumo aapToq aqq se SuoT se aoJ pTTeA sgTwaad
aqq sa>lew `peagsuT `pue sgTwaad Tenuue SuTaTnbaa suoTs
-TAoad sagaTap TTTq sTgZ •SAemaATap aTagq 3o quoa3 UT
yaed oq Agaadoad 3o saassaT pue saaumo oq sgTwaad Tenu
-ue anssT oq saTgTo pue saTqunoo sazTaoggne meT quaaan0
•f�ouaSaO
•sagnqeqS h861 `6lz aagdeg0 '(umoae sTuuaQ) 266E Sy
•sAeMaATaQ 3o quoa3 UT >jaed oq gTwaad :saToTgaA 'OL
'paT3Toads se `TTeq aoJ uaTT Aa
-ossassod e sagsTTgeqse pue uoTgezTaoggne ue gons sgoeua
TTTq sTgZ •suoTgeToTA SuT>jaed aqq aoj TTeq SuTpuegs
-qno aqq SuTAed oq aTes aqq jo spaaooad aqq ATdde oq
aTes uaTT e qons uT uoTgezTaoggne ou ST aaagq 'aaAGMoH
•saSaego aSeaogs pue SUTMoq aanooaa oq plos aq Aew
qT `awTq Jo ggSuaT e ao3 papunodwT uaaq seq aToTgaA aqq
aa43y •SAep aaow ao aAi3 Jo poTaad e aano suoTgeToTA
SuT>Iaed 3o aagwnu uTegaao e panssT uaaq aneq geqq saTo
-TgaA punodwT oq saTqunoo pue saTgTo sgTwaad mel quaaan0
•sagnqeqS t861 `9�L aagdeg0 `(ATaanae) OEEL SS
•aTeS uaTq :suoTgeToTA SuT>Iaed '6
•aTgeTTene saTgTTToeJ asogg Sul>lew
UT Toogos aqq Aq paaanouT gsoo goaaTp aqq `saTgTTT0e3
Toogos 3o asn aoj is, -:)T -4T0 aSaego Aew sToogosgeqq apTA
-oad ATeaauaS oq qoy a94ua0 oTATO aqq spuawe TTTq sTgZ
ouuaSaO •sagnqeqS
ft861`6� aagdeg0 I(saageM'W) SZLZ Sy 'saTgTATgoy TeuoTge
-aaoad aoJ saTgTTToe3 ToogoS 3o asq •qoy aaqua0 oTATO •g
Existing law requires cities to keep video tapes and
films for at least two years before `hey are destroyed.
This bill shortens that holding period to ninety days if
the film or video tape is a duplicate of minutes or au-
dio tapes.
13. Acquisition of Telecommunications Equipment and Ser-
vices. SB 1436 (Johnson), Chapter 728, 1984 Statutes.
Urgency.
This bill authorizes the Department of General Services
of the State of California to enter into agreements with
cities to obtain for them telecommunications equipment
and services, and authorizes the Department of General
Services to consider numerous factors, in addition to
prices, in acquiring the telecommunications hardware and
software.
14. Sale of Surplus Property. Offer to Schools.
SB 2158 (Seymour), Chapter 1303, 1984 Statutes.
Existing law currently requires state and local govern-
ment agencies disposing of surplus land to first offer
them to various other governmental agencies. SB 2158
adds public schools to the list of other government
agencies to whom an offer must be given.
0AZQrP4AW
Gregory TG Melyer'
City jManager 1
GTM/ld
;` j.+a�.��'�"'�'"#dEt '.� y. _r?,Zf •v ' {� ,r :. ;v i?' e_L1y £+,j 3`v 6y r'.
���t ��'��;'�•� �,�t � d7El �l ••; �^�4^ ��'.• � C ,I 3tM7'i' F�;�� a" _ :Y.
',�H } a�''"3r `"nr� � "' Vis''. �.,_ ' .�. fu4��.,�xti ? ,Y,r`•tjr'�.. 'F`"1ta/ `'.`{P/y�' '' �` S"
511? 1aaIv IN
November 8, 1984
Honorable Mayor and Members City Council Meeting
of the City Council of November 13, 1984
IMPLEMENTATION OF RECENT STATE & FEDERAL LEGISLATION
Recommendation
It is recommended that this report be received and filed.
Background
Much important legislation has been enacted in the last year at
the State and Federal levels. Today the League of Cities held a
conference to highlight matters of municipal concern. This re-
port shares that information with you and highlights matters
which I thought should be called to your attention.
Analysis '
On the federal level there are two items of considerable impor-
tance. They are: Cable TV and Antitrust legislation. The at-
tached October 31, 1984 League of Cities Bulletin describes those
actions.
There are many new statutes enacted at the State level. The at-
tached November, 1984 Legislative Wrap -Up describes them in
detail.
Items which I wish to call to your attention are:
1. Investment of Idle Funds. Monthly Reporting Requirement.
AB 1073 (Cortese), Chapter 1226, 1984 Statutes.
This measure provides that the treasurer or chief fiscal
officer of a local agency must annually render to the
legislative body of the local agency a statement of in-
vestment policy. In addition, the treasurer or chief
fiscal officer must render a monthly report to the chief
executive officer (city manager) and legislative body of
the local agency showing the type of investment, in-
stitution, date of maturity, amount of deposit, current
market value for all securities with a maturity of more
than twelve months, rate of interest, and such data as
may be required by the local agency.
2. Investment of Idle Funds. Deposit of Public Monies in
Credit Unions. ACA 21 (McAlister), Resolution Chapter
106, 1984 Statutes.
This Assembly Constitutional Amendment, which will be on
the next statewide ballot (presumably June 1986), states
that the Legislature may provide for the deposit of
public monies in any credit union in the state. Current
constitutional provisions state that the -Legislature may
provide for the deposit of public monies in any bank or
savings and loan in this state.
3• Revenues from Oil and Gas Leases.
SB 1983 (Robbins), Chapter 1553, 1984 Statutes.
Under existing law, the State Controller is required to
annually pay each city or county having tide and sub-
merged lands 1% of the revenues paid to the state from
oil and gas leases within the city or county, but the
total amount paid to each city or county may not exceed
$75,000 per mile of ocean frontage within and owned or
operated as a park by that city or county. This measure
increases that limit to $100,000 per mile and deletes
the limitation with regard to new revenues in excess of
those the state received during 1983-84. This measure
would further require that after July 1, 1985, 1% of
state oil and gas revenues be deposited in the State
Fair -and Exposition Fund for the purpose of purchasing a
permanent site for the 51st District Agricultural As-
sociation Fair in Los Angeles County.
4. Revision of State Planning Act.
AB 2038 (Cortese), Chapter 1009, 1984 Statutes.
SB 1317 (Marks), Chapter 690, 1984 Statutes.
These two bills substantially revise and recodify th
existing planning law. AB 2038 deletes the scenic high-
ways element from the general plan, consolidates the
remaining eight elements into seven elements and
simplifies the legal requirements for many of the
general plan elements. The bill eliminates the list of
optional general plan elements, simplifies the noise
element, consolidates existing public hearing notice
requirements into one section, revises the specific plan
law to make that law more usable, and repeals the Model
Integrated Local Planning Act and the District Planning
Law. AB 2038 makes technical changes in the Quimby Act
(the parkland dedication law), provides that procedural
errors in planning, zoning, and subdivision proceedings
do not invalidate the actions unless the errors were
preducial, and revises the procedures for the adoption
and amendment of general plans. AB 1317 consolidates
into one article of the planning and zoning law the ex-
isting six articles relating to local planning agencies.
It simplifies that law and repeals unnecessary sections.
The two bills result from several years of work by a
task force made up of representatives of both governmen-
tal and private sector interests.
5. Statutory Vested Right to Build.
SB 1660 (Montoya), Chapter 1113, 1984 Statutes.
California courts have determined that there is no
"vested right to build" until a builder has received a
building permit and performed substantial improvements
on the property pursuant to that building permit. SB
1660 modifies the case law and establishes a limited
statutory "vested right" to build. Basically, the bill
creates two kinds of tentative maps. It leaves unchan-
ged the standard tentative subdivision map, and creates
a "vesting tentative map." The bill requires cities and
counties to establish ordinances by January 1 of 1986
which establsh procedures and standards for processng
these vesting tentative maps. It provides that these
maps will be processed the same as ordinary tentative
maps except where otherwise required by state law or
local ordinance. SB 1660 further provides that once a
"vesting tentative map" is approved, the builder may
then proceed with development of the property, and has
the right to build the development which was approved by
the city for a period of time which is calculated by
adding together the following: (1) the life of the map,
plus (2) one to three years past the date the final map
is recorded (the time period is prescribed by local or-
dinance but may not be less than one nor more than three
years) to receive a building permit, plus (3) the life
of the building permit plus any extensions. At the end
of that time period (approximately four to ten years
depending on local actions) the builder must have met
the standard common law "vested rights" test in order to
be able to continue to build. During the life of the
builder's "vested right" to buld, the local agency may
only change the rules and require design changes, etc.,
if it is necessary to protect the public health and
safety or to comply with changes in state or federal
law. Cities should review this changed law and proceed
with processing implementing ordinances. It is probable
that there will be a "cleanup bill" next year, and we
request that city attorneys and planning directors re-
view this bill and send to us as soon as possible their
comments on technical problems with the bill that can be
corrected next year.
6. Neighborhood Watch.
AB 3917 (Hayden), Chapter 1457, 1984 Statutes.
This bill requires the Office of Criminal Justice Plan-
ning to conduct three regional neighborhood watch
leadership and training conferences and appropriates
$90,000 for these purposes.
7. School Site Disposition Advisory Committees.
AB 2912 (CVampbell) Chapter 584, 1984 Statutes.
This League -sponsored bill modifies the composition of
school district school site disposition committees to
require that those committees contain persons who have
knowledge of the zoning and other land use restrictions
of the city in which the surplus site is located.
•sagnqeqS h86L `88 aagdegO '(Tegquasod) 80ftL gS
•spaooad ageoZTdna do uoigonagsaQ 'ZL
•aoueuipao Aqunoo JO AgTO e Oq quensand
qano aqq uo quted paa ao u9Ts e Aq pageuStsap sT goTgm
pue xTemapis aqq oq AgTTTgtssaooe ategoTeagm apinoad oq
pagonagsuoo ao 'paaamoT 'umop qno uaaq seg goigM gano e
JO UOTgaod geqq do quoad UT eaae aqq saoeTd asagq Suowe
sapnTout TTzq STU 'saoeTd paTdToads UT aToigan Aue
BUTPuegs SuzneaT ao 'Suz>jaed 'Sutddogs 'uosaad e gsuieSe
suoigtgtqoad TeaauaS do aagwnu e sapnTout meT Suzgs.
'sagnqeqS h86L `aS8 aagdegO '(opueTa3) BZZZ gy
•sazegOTaagM and ssaOOy >ITemaPTS :Sutxaed aeTnotgaA 'LL
•swaTgoad
ggTeaq pue Agajes DTlgnd aaggo ao Agades Otddeag sageaao
gtwaad aqq Aq Paztaoggne Sut>iaed qqq sauzwaagap Agtaogq
-ne TeOOT aqq d? Suzaeaq ao aozgou gnogqtm gzwaad e do
UOzgeoonaa aqq saztaogqne OOTe TTzq aqL •YTemapts e uo
Sut>jaed aziaoggne qou Sew sgtwaad asagq geqq satdzoads
TT?q aqL 'pansst si gtwaad aqq gotgm and Agaadoad aqq
saseaT aO sumo aaPTOq aqq se SuOT se and ptTen sgtwaad
aqq sa>Jew 'Peagsut `pue sgtwaad Tenuue SUTaTnbaa suois
-tnoad sagaTap TTTq stgL 'OAeMantap atagq JO quoad UT
>laed oq Agaadoad do saassaT pue saaumo oq sgtwaad Tenu
-ue anssi oq satgTD pue sazqunoo saztaogqne meT quaaanO
•SouasaO
•sagnqeqS t26L `6Lz aagdeg0 '(umoag szuu@C) 266E gy
'sAeMantaQ do quoa3 ut >jaed oq gzwaad :saTOTgaA 'OL
•patdtoads se 'Tzeq and uaiT Aa
-ossassod e sagsTTgeqsa pue uotgeztaogqne ue gons sqoeua
TTzq s?qZ •suotgeTOtn Sut>Iaed aqq and TTeq Suzpuegs
-qno aqq 2UT4ed oq aTes aqq do speaooad aqq ATdde oq
aTes uazT e gons uz uozgeztaoggne ou si aaagq 'aanamOH
•saSaegO aSeaogs pue SUTMOq IaAOD@a Oq PTOs aq few
qT 'awzq do ggSuaT e and papunodwi uaaq seq aTOTgan aqq
aagdy •sAep aaow ao antd JO pozaad e nano suOzgeTozn
Suz>laed do aagwnu utegaao e panssT uaaq aneq gegq saTO
-zgan punodwz oq sazqunoo pue satgto sgtwaad meT quaaan0
'sagnqeqS t86L 18EL aagdegO '(ATaanag) OEEL gS
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Existing law requires cities to keep video tapes and
films for at least two years before they are destroyed.
This bill shortens that holding period to ninety days if
the film or video tape is a duplicate of minutes or au-
dio tapes.
13. Acquisition of Telecommunications Equipment and Ser-
vices. SB 1436 (Johnson), Chapter 728, 1984 Statutes.
Urgency.
This bill authorizes the Department of General Services
of the State of California to enter into agreements with
cities to obtain for them telecommunications equipment
and services, and authorizes the Department of General
Services to consider numerous factors, in addition to
prices, in acquiring the telecommunications hardware and
software.
14. Sale of Surplus Property. Offer to Schools.
SB 2158 (Seymour), Chapter 1303, 1984 Statutes.
Existing law currently requires state and local govern-
ment agencies disposing of surplus land to first offer
them to various other governmental agencies. SB 2158
adds public schools to the list of other government
agencies to whom an offer must be given.
Gregory TG Mejyer /
City ,Manager
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Honorable Mayor and Members
of the City Council
November 8, 1984
City Council Meeting
of November 13, 1984
IMPLEMENTATION OF RECENT STATE & FEDERAL LEGISLATION
Recommendation
It is recommended that this report be received and filed.
Background
Much important legislation has been enacted in the last year at
the State and Federal levels. Today the League of Cities held a
conference to highlight matters of municipal concern. This re-
port shares that information with you and highlights matters
which I thought should be called to your attention.
Analysis '
On the federal level there are two items of considerable impor-
tance. They are: Cable TV and Antitrust legislation. The at-
tached October 31, 1984 League of Cities Bulletin describes those
actions.
There are many new statutes enacted at the State level. The at-
tached November, 1984 Legislative Wrap -Up describes them in
detail.
Items which I wish to call to your attention are:
1. Investment of Idle Funds. Monthly Reporting Requirement.
AB 1073 (Cortese), Chapter 1226, 1984 Statutes.
This measure provides that the treasurer or chief fiscal
officer of a local agency must annually render to the
legislative body of the local agency a statement of in-
vestment policy. In addition, the treasurer or chief
fiscal officer must render a monthly report to the chief
executive officer (city manager) and legislative body of
the local agency showing the type of investment, in-
stitution, date of maturity, amount of deposit, current
market value for all securities with a maturity of more
than twelve months, rate of interest, and such data as
may be required by the local agency.
2. Investment of Idle Funds. Deposit of Public Monies in
Credit Unions. ACA 21 (McAlister), Resolution Chapter
106, 1984 Statutes.
This Assembly Constitutional Amendment, which will be on
the next statewide ballot (presumably June 1986), states
that the Legislature may provide for the deposit of
public monies in any credit union in the state. Current
constitutional provisions state that the Legislature may
)
3I
provide for the deposit of public monies in any bank or
savings and loan in this state.
3. Revenues from Oil and Gas Leases.
SB 1983 (Robbins), Chapter 1553, 1984 Statutes.
Under existing law, the State Controller is required to
annually pay each city or county having tide and sub-
merged lands 1% of the revenues paid to the state from
oil a.nd gas leases within the city or county, but the
total amount paid to each city or county may not excced
$75,000 per mile of ocean frontage within and owned or
operated as a park by that city or county. This measure
increases that limit to $100,000 per mile and deletes
the limitation with regard to new revenues in excess of
those the state received during 1983-84. This measure
would further require that after July 1, 1985, 1% of
state oil and gas revenues be deposited in the State
Fair -and Exposition Fund for the purpose of purchasing a
permanent site for the 51st District Agricultural As-
sociation Fair in Los Angeles County.
4. Revision of State Planning Act.
AB 2038 (Cortese), Chapter 1009, 1984 Statutes.
SB 1317 (Marks), Chapter 690, 1984 Statutes.
These two bills substantially revise and recodify th
existing planning law. AB 2038 deletes the scenic high-
ways element from the general plan, consolidates the
remaining eight elements into seven elements and
simplifies the legal requirements for many of the
general plan elements. The bill eliminates the list of
optional general plan elements, simplifies the noise
element, consolidates existing public hearing notice
requirements into one section, revises the specific plan
law to make that law more usable, and repeals the Model
Integrated Local Planning Act and the District Planning
Law. AB 2038 makes technical changes in the Quimby Act
(the parkland dedication law), provides that procedural
errors in planning, zoning, and subdivision proceedings
do not invalidate the actions unless the errors were
preducial, and revises the procedures for the adoption
and amendment of general plans. AB 1317 consolidates
into one article of the planning and zoning law the ex-
isting six articles relating to local planning agencies.
It simplifies that law and repeals unnecessary sections.
The two bills result from several years of work by a
task force made up of representatives of both governmen-
tal and private sector interests.
5. Statutory Vested Right to Build.
SB 1660 (Montoya), Chapter 1113, 1984 Statutes.
California courts have determined that there is no
"vested right to build" until a builder has received a
building permit and performed substantial improvements
on the property pursuant to that building permit. SB
1660 modifies the case law and establishes a limited
statutory "vested right" to build. Basically, the bill
creates two kinds of tentative maps. It leaves unchan-
ged the standard tentative subdivision map, and creates
a "vesting tentative map." The bill requires cities and
counties to establish ordinances by January 1 of 1986
which establsh procedures and standards for processng
these vesting tentative maps. It provides that these
maps will be processed the same as ordinary tentative
maps except where otherwise required by state law or
local ordinance. SB 1660 further provides that once a
"vesting tentative map" is approved, the builder may
then proceed with development of the property, and has
the right to build the development which was approved by
the city for a period of time which is calculated by
adding together the following: (1) the life of the map,
plus (2) one to three years past the date the final map
is recorded (the time period is prescribed by local or-
dinance but may not be less than one nor more than three
years) to receive a building permit, plus (3) the life
of the building permit plus any extensions. At the end
of that time period (approximately four to ten years
depending on local actions) the builder must have met
the standard common law "vested rights" test in order to
be able to continue to build. During the life of the
builder's "vested right" to buld, the local agency may
only change the rules and require design changes, etc.,
if it is necessary to protect the public health and
safety or to comply with changes in state or federal
law. Cities should review this changed law and proceed
with processing implementing ordinances. It is probable
that there will be a "cleanup bill" next year, and we
request that city attorneys and planning directors re-
view this bill and send to us as soon as possible their
comments on technical problems with the bill that can be
corrected next year.
6. Neighborhood Watch.
AB 3917 (Hayden), Chapter 1457, 1984 Statutes.
This bill requires the Office of Criminal Justice Plan-
ning to conduct three regional neighborhood watch
leadership and training conferences and appropriates
$90,000 for these purposes.
7. School Site Disposition Advisory Committees.
AB 2912 (CVampbell) Chapter 584, 1984 Statutes.
This League -sponsored bill modifies the composition of --
school district school site disposition committees to
require that those committees contain persons who have
knowledge of the zoning and other land use restrictions
of the city in which the surplus site is located.
8. Civic Center Act. Use of School Facilities for Recre-
ational Activities. AB 2725 (M.Waters), Chapter 49, 1984
Statutes. Urgency.
This bill amends the Civic Center Act to generaly pro-
vide thatschools may charge cities, for use of school
facilities, the direct cost incurred by the school in
making those facilities available.
9. Parking Violations: Lien Sale.
SB 1330 (Beverly), Chapter 138, 1984 Statutes.
Current law permits cities and counties to impound vehi-
cles that have been issued a certain number of parking
violations over a period of five or more days. After
the vehicle has been impounded for a length of time, it
may be sold to recover towing and storage charges.
However, there is no authorization in such a lien sale
to apply the proceeds of the sale to paying the out-
standling bail for the parking violations. This bill
enacts such an authorization and establishes a possesso-
ry lien for bail, as specified.
10. Vehicles: Permit to Park in Front of Driveways.
AB 3992 (Dennis Brown), Chapter 219, 1984 Statutes.
Urgency.
Current law authorizes counties and cities to issue an-
nual permits to owners and lessees of property to park
in front of their driveways. This bill deletes provi-
sions requiring annual permits and, instead, makes the
permits valid for as long as the holder owns or leases
the property for which the permit is issued. The bill
specifies that these permits may not authorize parking
on a sidewalk. The bill also authorizes the revocation
of a permit without notice or hearing if the local au-
thority determines tht parking authorized by the permit
creates traffic safety or other public safety and health
problems.
11. Vehicular Parking: Sidewalk Access for Wheelchairs.
AB 2228 (Felando), Chapter 852, 1984 Statutes.
Existing law includes a number of general prohibitions
against a person, stopping, parking, or leaving standing
any vehicle in specified places. This bill includes
among these places the area in front of that portion of
a curb which has been cut down, lowered, or constructed
to provide wheelchair accessibility to the sidewalk and
which is designated by a sign or red paint on the curb
pursuant to a city or county ordinance.
12. Destruction of Duplicate Records.
SB 1403 (Rosenthal), Chapter 83, 1984 Statutes.
Existing law requires cities to keep video tapes and
films for at least two years before they are destroyed.
This bill shortens that holding period to ninety days if
the film or video tape is a duplicate of minutes or au-
dio tapes.
13. Acquisition of Telecommunications Equipment and Ser-
vices. SB 1436 (Johnson), Chapter 728, 1984 Statutes.
Urgency.
This bill authorizes the Department of General Services
of the State of California to enter into agreements with
cities to obtain for them telecommunications equipment
and services, and authorizes the Department of General
Services to consider numerous factors, in addition to
prices, in acquiring the telecommunications hardware and
software.
14. Sale of Surplus Property. Offer to Schools.
SB 2158 (Seymour), Chapter 1303, 1984 Statutes.
Existing law currently requires state and local govern-
ment agencies disposing of surplus land to first offer
them to various other governmental agencies. SB 2158
adds public schools to the list of other government
agencies to whom an offer must be given.
Gregory T Melyer
City ji�anager
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League ®f California Cities #`34-1984
1400 K Street • Sacramento 95814 • (916) 444-5790
October 3i, 1984
SPECIAL BULLETIN
- FEDERAL AFFAIRS -
CABLE T.V. AND ANTITRUST LEGISLATION
On the last day of the 1983-84 Session, Congress sent to the President two bills
of significant concern to cities. These are the Cable Communications Policy Act
of 1984, S. 66; and the Local Government Antitrust Act of 1984, H.R. 6027. The
President signed H.R. 6027 on October 24, 1984, and S. 66 on October 30, 1984.
This special bulletin discusses these two bills. The Antitrust Bill is attached.
The Cable Bill is not likely to be available for several weeks.
-------------------------------------------------------------------------------
1. Summary of Cable Communications Policy Act of 1984. S. 66.
2. Local Government Antitrust Act of 1984. H.R. 6027.
FEDERAL AFFAIRS
1. Summary of the Cable Communications Policy Act of 1984. S. 66.
Introduction
S. 66 is based primarily on an agreement negotiated between the cities and
the cable industry. This complex legislation will require some changes in
the way in which cities regulate cable television. Cities should exercise
great caution before making any changes in the provisions of existing
franchises, particularly changes which the city's cable operator maintains
are necessary as a result of the passage of this legislation.
The National League of Cities, in cooperation with the Washington law firm
of Arnold and Porter, is in the process of preparing a manual outlining irr-
detail the effect of the provisions of the bill on city regulation of
cable. The manual should be available prior to the legislation's effective
date, December 29, 1984.
City officials may contact Cynthia Pols in NLC's Office of Federal Relations
at (202) 626-3020, or Norman Sinel or Paul Ryerson of Arnold and Porter at
(202) 872-6700 with any questions on the legislation.
This summary, therefore, highlights the bill.
EFFECTIVE DATE
The bill takes effect December 29, 1984--60 days after the President signed
the bill --except where otherwise specified in the bill.
RATE REGULATION (Sec. 623)
The bill grandfathers for two years rate regulation for basic service. Basic
service is defined as any tier, including multiple tiers, which includes
local broadcast signals, together with related charges for installation and
the rental of a converter under franchisesrag nted prior to the bill's
effective date, which is December 29, 1984.
California's state law on rate deregulation is grandfathered for the same
two-year period.
An operator may raise rates five percent per year without city review, but
when the operator requests a rate increase above five percent, the city
must grant or deny the request within six months of the request unless the
six-month period is extended by mutual agreement.
Within six months of the bill's effective date (effective date, December 29, 1984),
the Federal Communications Commission (FCC) must issue regulations defining
the circumstances in which a cable system is not subject to effective
competition. Two years from the bill's effective date, th e
city rate regulation will be governed by these FCC definitions, so that
cities will continue to regulate basic service only where there is not
effective competition. The bill overturns FCC rulings that the only
rates which may be regulated are the rates for the retransmission of local
broadcast signals.
SERVICES, FACILITIES, AND EQUIPMENT (Secs. 624 and 625)
For the remaining life of any franchise in effect on the effective date of
the bill (December 29, 1984), a city may enforce all franchise provisions
governing services, facilities, and equipment. This provision overturns an
FCC ruling which purported to prohibit the enforcement of service require-
ments included in franchises. The service, facility, and equipment require-
ments of an existing franchise, however, are explicitly subject to the
bill's provisions on modification of franchise requirements, discussed in
the next section.
However, if prior to September 27, 1984, an operator lawfully retiered `
services pursuant to the FCC ruling, with or without t e city's consent,
that retiering is grandfathered. (New Orleans challenged a retiering
pursuant to the FCC ruling, and it was found unlawful.)
-2-
For franchises granted or renewed after the bill's effective date, the city
may establish minimum facility and equipment requirements in the Request for
Proposals (RFP) and may enforce any facility or equipment requirement
included in a franchise. "Facilities and equipment" are generally the
system's "hardware," rather than programming and other services.
For new franchises, a city may not establish requirements in the RFP for
video programming or other information -related services. A city, however,
may enforce service requirements by including in the franchise broad
categories of video programming and other service requirements, for
example, children's programming; programming which is of ,primary interest
to a particular minority group; or sports programming.
All cable operators must make lock boxes available on the request of a
subscriber. .
110DIFICATIONS IN SERVICE, FACILITY, AND EQUIPMENT REQUIREMENTS (Sec. 625)
GPnPraI
A city must take final action on an operator's request for franchise
modification within four months of the request, unless the four-month
period is extended by mutual agreement.
If a city denies the operator's request for modification on the ground that
the proposed modifications do not meet the standards established by this
section, the operator may seek judicial review of the denial under
Section 635. The burden of proof is on the operator.
Services
The bill establishes a process to modify the service requirements of new
or existing franchises through negotiation. However, the city may deny a
proposed modification in service requirements unless the mix, level, and
quality of services originally required by the franchise would be maintained
under the changes proposed by the operator.
A cable operator may drop a distant signal if the Copyright Royalty Tribunal
imposes a substantial increase in copyright fees which is not compensated
for through a rate increase or other adjustment, or may discontinue a
service which is no longer available, on 30 days notice to the franchising
authority.
The cable operator may realign the tiering arrangement of services required
by the franchise unless the rates of the affected tiers are subject to
regulation pursuant to the FCC rules to be issued.
No service requirement which relates to public, educational, or governmental
access may be modified in any way under this section.
Facilities and Equipment
A facility or equipment requirement of a new or existing franchise may be
changed through negotiations with the city. The city may deny a proposed
change in the franchise's facility or equipment requirements unless the
operator shows that the provision of the facility or equipment at issue
has become commercially impracticable under principles of contract law and
the proposed modifications would be appropriate under the doctrine of
commercial impracticability established by the Uniform Commercial Code
(e.g. when a proposed facility has not developed technologically).
FRANCHISE FEES (Sec. 622)
A city may establish a franchise fee of up to five percent of therg oss
revenues derived from the operation of a cable system.
Franchise fees are defined as including taxes, fees, or assessments which
are "imposed by a franchising authority or other governmental entity on a
cable operator or cable subscriber, or both, solely because of their status
as such." Thus, the term "franchise fee" apparently means requirements to
make monetary payments which are unilaterally imposed by the city on the
cable operator. Requirements which are based on the operator's voluntary
offer during the franchise process would appear to be exempt from the
franchise fee cap.
Specifically exempt from the franchise fee cap are taxes of general
applicability, including utility user taxes imposed on cable subscribers.
Also exempt are payments for the support of public, educational, and
governmental access under franchises in effect on the date of enactment.
This provision repeals an FCC ruling that such payments are subject to the
five percent franchise fee cap. Also exempt from the cap are franchise
requirements or charges "incidental to the awarding or enforcing of a
franchise" (e.g. payments for bonds, security funds, penalties, etc.).
The cable operator is permitted to show the franchise fee as a separate
item on subscriber bills and to pass through increases in franchise fees
to subscribers unless the rate structure already reflects all franchise fee
costs.
GRANDFATHERING (Sec. 637)
The bill grandfathers the provisions of franchises granted before the
bill's effective date for the life of the franchise, even if the franchise's
actual effective date is subsequent to the legislation's effective date.
Exceptions are franchise provisions in direct conflict with specific pro-
visions of the bill (e.g. rate regulation, renewal, privacy).
RENEWAL (Sec. 626 and Sec. 635)
Section 626 establishes a renewal process which may be activated at the
option of the city or the operator. The provision does not establish a
presumption of renewal. A renewal application may be granted or denied
without utilizing the bill's renewal procedures and standards in any case
in which the renewal procedures are not activated by either the city or the _
cable operator.
The renewal provisions establish a two-step process.
First, the city holds public proceedings to identify the community's
future cable -related needs and interests and to review the operator's past
-4-
performance. Upon ccmpletion of this public proceeding, the city may
require that the operator submit a complete renewal proposal, including
a proposal for the upgrade of the system.
Second, if the city makes a preliminary assessment that the franchise
should not be renewed, the franchising authority must conduct an
administrati�le proceeding to consider whether: (1) the operator has
complied with the existing franchise and applicable law; (2) the quality
of the operator's service has been reasonable in light of community
needs; (3) the operator has the legal, technical, and financial ability
to provide the services, facilities, and equipment proposed; and (4) the
operator's proposal is reasonable to meet future cable -related community
needs and interests, taking into account cost factors.
The city and the cable operator are entitled to full participation in
this administrative proceeding, including the right to introduce
evidence and question witnesses. A transcript of the administrative
proceeding must be made. The bill does not state who pays the costs
of the transcript.
Once this administrative proceeding is complete, the city must make a
final decision to grant or deny renewal and, where renewal is denied,
the city must issue a statement specifying the reasons for denial.
Section 626 establishes several record-keeping requirements which must
be carefully followed to substantiate the city's case for rejecting
renewal on the ground that the operator has not complied with the terms
of the franchise or that its past performance has not been reasonable.
Record-keeping requirements are necessary for three reasons, all of
which call for systematic and regular documentation of franchise
violations or other examples of inadequate performance by the operator.
First, for violations occurring after the bill's effective date, in
order -to use the violation as the reason to deny renewal, the city
must notify the operator of franchise violations and give the operator
an opportunity to correct the violation.
Second, a similar obligation is imposed on the city as a condition for
using events occurring after the bill's effective date to show that
the operator's past performance has not been reasonable.
Third, where the operator shovis that the city acquiesced or waived its
rights, the city cannot deny renewal on the ground that the operator's
past performance has been unreasonable or that the operator has not
complied with the franchise. This includes franchise violations or
examples of poor performance which occurred prior to the bill's
effective date.
A cable operator may appeal the city denial of renewal to a federal
or state court within four months of the city's decision to deny renewal
(Sec. 635). The operator has the burden of proof to demonstrate that
each of the findings made by the city is not supported by a preponderance
of the evidence in the administrative proceeding.
Section 626 makes clear that a proposal for renewal may be submitted
by the operator without following the schedule established in that
section. However, in such a case, the city may grant or deny the
proposal without being subject to any of the other requirements of
Section 626, such as the administrative proceeding requirements or
court review standards.
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS (Secs. 611 and 637)
Section 637 authorizes cities to enforce PEG access requirements,
including monetary payments for the support of PEG use, in any franchise
granted prior to the bill's effective date. Section 611 sets forth a
process for the establishment of PEG access requirements in franchises
granted after the bill's effective date. In its RFP, a city may
establish minimum requirements for the set aside of channel capacity
for PEG use on the subscriber network. Section 611 authorizes a city
to enforce any offer by the operator to provide services, facilities,
or equipment which relate to PEG use of channel capacity, including any
offer the operator makes on top of the minimum requirements established
in the RFP.
Section 611 requires that the city establish rules and procedures for
the use of PEG access channels by the operator when those channels are
not being used for PEG uses, and for the cessation of operator use of
PEG channels. Because Section 611 refers only to the use of PEG
channels set aside in accordance with that section (which appears to
apply only to new franchises) and not to PEG set asides grandfathered
under Section 637, it does not clearly require the establishment of
these rules and procedures under existing franchises.
BUY BACK (Secs. 626 and 627)
For any franchise granted prior to the bill's effective date, the bill
grandfathers the franchise provisions prescribing the price for the
purchase of the system by the city (or for the forced sale of the
system to a new cable company) if the city denies renewal or revokes
the franchise for cause prior to its expiration. For a franchise
granted after the bill's effective date or for a franchise which does
not include buy back provisions, the bill provides the following:
First, for nonrenewal cases, the city or other purchaser must pay fair
market value for the system as a going concern, but with no value to
be attributed to the franchise itself. Second, in revocation cases,
the acquisition must be at an "equitable price." The committee
report suggests that matters such as the harm to the community result-
ing from a breach of the franchise may be taken into account in establish-
ing an equitable price.
MUNICIPAL OWNERSHIP (Sec. 613)
Cities are authorized to own cable systems, but programming decisions
(except for governmental and educational access programming) must be
made by an "entity separate from the franchising authority," such as
a separate foundation or non-profit corporation.
CONSUMER PROTECTION (Sec. 632)
Section 632 authorizes cities to establish and enforce customer service
requirements, construction schedules, and other construction -related
requirements in the franchise. The section gives states and cities broad
authority to enact and enforce consumer protection laws as long as those
laws are not inconsistent with the requirements of the bill (e.g. rate
regulation).
LEASED ACCESS (Sec. 612)
Section 612 establishes federal requirements for leasing of space on
the cable by third -party commercial video programmers. The requirements
apply to systems with 36 or more channels. A cable operator must set aside
a specific percentage of activated channels for independent use by
providers of video programming who are not affiliated with the cable
operator.
The franchising authority may prohibit the provision of a programming
service over a leased access channel if it finds that the program is
"obscene, or is in conflict with community standards in that it is
lewd, lascivious, filthy, or indecent . ."
OTHER. PROVISIONS
The bill includes subscriber privacy standards (Sec. 631), equal
employment opportunity requirements (Sec. 634), theft of service
prohibitions (Sec. 633), and crossownership provisions (Sec. 613).
Also included in the bill are provisions establishing criminal
penalties for the provision of programming which is obscene or not
constitutionally protected (Sec. 639), pole attachment provisions,
and provisions allowing private individuals to use earth stations to
receive satellite -delivered programming.
-------------------------------------------------------------------------------
2. Local Government Antitrust Act of 1984. H.R. 6027.
Antitrust legislation has been a top priority of cities since 1982 when the
U.S. Supreme Court ruled in the Boulder case that cities are subject to the
antitrust laws, unless their actions are based on state law which authorizes
the displacement of competition with regulation.
Because the antitrust laws include a provision requiring the payment of
treble damages (i.e. the actual damages to the injured party multiplied by
three) whenever these laws are violated, Boulder represented a threat to
the financial viability of cities.
As a result, a wide range of basic municipal activities, including franchis-
ing, licensing, contracting, zoning, and waste disposal, have been the
subject of an estimated 300 antitrust lawsuits nationwide since the Boulder
ruling in 1982, including many suits in California.
EFFECTIVE DATE
H.R. 6027's effective date is September 24, 1984--30 days before the President
signed the bill.
PROHIBITION AGAINST DAMAGES (Sec. 3(a))
The most beneficial provision of the bill is Section 3(a)'s establishment
of an absolute prohibition against the payment of any monetary damages by
local governments both special purpose and general purpose governments)
for any violation of the antitrust laws in an case (whether the case
involves proprietary or governmental actionss which is filed after the bill's
effective date. This makes injunctive relief the only remedy. City officials
and employees are given the same protection against damages for any action
taken in their "official capacity."
PENDING CASES (Sec. 3(b))
The bill includes a special provision regarding cases pending on the effective
date of the legislation.
In those cases, the court has the discretion to extend the protection against
damages to cities and city officials who are defendants in pending cases, but
the city must first prove that it would be fundamentally unfair not to extend
the bill's protections against damages to the city. The court may take all
factors into account in making this determination. Thus, the city may raise
such matters as the adverse impact that an award of damages would have on
the city's fiscal condition and on the community's taxpayers, or the city's
good faith in taking the action in question. Specifically referred to as
matters for consideration by the court are the "stage of litigation and the
availability of alternative relief" under the antitrust laws.
Any city involved in a pending case should review the status of the case to
determine whether a motion should be filed with the court on the damages
question. This may be particularly important in cases which are in the early
stages of litigation. The equities referred to in Section 3 of the bill are
more likely to favor the city during the early stages of the litigation
than they are during the later stages, making the grant of a motion to dismiss
the plaintiff's claim for damages more likely during the early stages of
litigation.
Particularly relevant, according to the statute, in determining whether the
prohibition against damages should apply in a pending case is the extent to
which "alternative relief" is available under the Clayton Act. Possible
alternatives to obtaining damages from the city include an injunction against
the city or an antitrust action against a private party who has benefited
as a result of the city's regulatory policies. Many pending cases involve
a claim against a private party as well as the city. In those cases, the
courts are more likely to find that alternative relief is available through
the claim against the private party.
INJUNCTIVE RELIEF
The bill does not affect antitrust lawsuits brought by private parties against
cities for injunctive relief under Section 26 of the United States Code. `
Thus, it is still possible, absent a state law immunizing the city's action
from antitrust challenge, or an interpretation of the antitrust laws by the
Supreme Court which is more favorable to cities than the Boulder ruling,
that private parties may obtain orders from the courts directing cities to
stop or alter regulatory practices which the courts find to be anticompetitive.
Under Section 26 of the United States Code, a private party is entitled to
injunctive relief for violations of the antitrust laws "against threatened
loss or damage." A condition of obtaining a preliminary injunction under
existing law --which the courts are required to grant if the plaintiff shows
"that the danger of irreparable loss or damage is immediate" --may be the
posting of a bond against "damages for an injunction improvidently granted."
If the plaintiff seeks a preliminary injunction, cities should try to ensure
that the court requires the plaintiff to post a bond in an amount which is
adequate to ensure full compensation to the city for the damages to the
community resulting from any delay or other restriction in the delivery of
services to the public. Proper administration of the bonding provisions of
existing law by the courts should ensure that the antitrust laws are not
used to bring frivolous claims for injunctive relief against cities in order
to force the city to settle the suit.
PRIVATE PARTIES ACTING ON THE BASIS OF CITY ACTIONS
The actions of private parties who take action on the basis of city regulatory
policies or other official city policies (e.g. franchisees, licensees, permit
holders) are exempt from damages under the antitrust laws if those actions
are "directed" by the city or a city official (Sec. 4(a)). This provision
is intended to ensure that the implementation of city policies will not be
effectively thwarted by bringing claims for damages against regulated entities.
In many cases, antitrust claims are brought against these private parties
as well as the city.
According to the conference report on the bill, "the conferees borrowed the
phrase 'official action directed by' a local government from Parker v. Brown
[which gives states broad immunity under the antitrust laws] . . ; and the
conferees intend that Parker and subsequent cases interpreting it shall
apply by analogy to the conduct of a local government in directing the
actions of non-governmental parties, as if the local government were a state."
Thus, as relates to damage claims against persons regulated by cities, cities
should now be treated the same as states under the antitrust laws and can
insulate the conduct of private parties from damages under the antitrust laws
through regulation and direct supervision. The actions of parties, such as
franchisees or licensees, however, which are not directed by the city would
not be protected from damage claims under the antitrust laws.
Section 4(b) states that the protections for private parties do not apply
in any case pending on the legislation's effective date. Thus, businesses
(e.g. franchisees) which have been acting on the basis of city direction
would not be exempt from damages in any case pending on the bill's effective
date.
FEDERAL TRADE COMMISSION
Section 5 of the bill overturns the ban on antitrust actions by the Federal
Trade Commission (FTC) against cities which was enacted into law on
August 30, 1984, (PL 98-411). If the legislation did not include this
provision, several Senators had threatened to kill the legislation. Senator --
Wilson voted with the cities to keep the ban on the FTC. Senator Cranston
voted against the cities.
The FTC has sued Minneapolis and New Orleans to challenge their regulation
of taxicabs. FTC is unlikely to sue any California cities on this issue -since
SB 944 (Foran), Chapter 1260, 1983 Statutes, immunized from antitrust liability
California cities' regulation of taxicabs.
M
APPENDIX
TEXT OF THE ANTITRUST STATUTE
This Act may be cited as the "Local Government Antitrust Act of 1984."
Sec. 2. For purposes of this Act --
(1) the term "local government" means --
(A) a city, county, parish, town, township, village, or any
other general function governmental unit established by
State law, or
(B) a school district, sanitary district, or any other special
function governmental unit established by State law in one
or more States,
(2) The term "person" has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(A), but does
not include any local government as defined in paragraph (1) of
this section, and
(3) the term "State" has the meaning given it in section 4G(2) of
the Clayton Act (15 U.S.C. 15g(2)).
Sec. 3. (a) No damages, interest on damages, costs, or attorneys fees may be
recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C.
15, 15a., or 15c) from any local government, or official or employee
thereof acting in an official capacity.
(b) Subsection (a) shall not apply to cases commenced before the
effective date of this Act unless the defendant establishes and the
court determines, in light of all the circumstances, including the
stage of litigation and the availability of alternative relief under
the Clayton Act, that it would be inequitable not to apply this sub-
section to a pending case. In consideration of this section, existence
of a jury verdict, district court judgment, or any stage of litigation
subsequent thereto, shall be deemed to be prima facie evidence that
subsection (a) shall not apply.
Sec. 4. (a) No damages, interest on damages, costs or attorney's fees may be
recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15,
15a, or 15c) in any claim against a person based on any official
action directed by a local government, or official or employee thereof
acting in an official capacity.
(b) Subsection (a) shall not apply with respect to cases commenced
before the effective date of this Act.
Sec. 5. Section 510 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriation Act, 1985 (Public raw
98-411), is repealed.
Sec. 6. This Act shall take effect 30 days before the date of enactment of
this Act.
(t�111UMOM
Ims
California Cities
Work Together
League of C Ifo ' is Cities
1400 K Street • Sacramento 958• (91-57
November 198
J �
TO: MAYORS, CITY MANAGERS AND CITY CLERKS IN NON -MANAGER CITIES
(Internal Distribution Please: Council Members, City Attorneys, and All
Department Heads)
1984 STATE LEGISLATIVE WRAP-UP BULLETIN
On August 31, 1984, the California Legislature completed its 1983-1984 session and
adjourned. This Wrap -Up Bulletin, together with the League's Final Legislative Digest and
Legislative Implementation Briefing Workshops on November 8 (Holiday Inn, Long Beach)
and November 9 (Oakland Hyatt House, Airport) is designed to inform city officials on the
final actions of the 1984 Legislative Session. City officials are urged to review each bill
carefully in terms of its local impact and to attend the Implementation Workshops on
November 8 or November 9. We also hope that this Wrap -Up Bulletin will be distributed.
to all appropriate employees for their review. Questions regarding the actions of the 1984
Legislature should be directed to the League's Sacramento office. The effectivenesss of
the League in 1984 was due largely to the persistent lobbying efforts of literally hundreds
of city officials, both elected officials and city management staff. Your League Board of
Directors and staff thank you for this support and wish to express our very great
appreciation for it.
Unless otherwise noted, laws enacted in 1984 are effective as of January 1, 1985.
1984 LEGISLATIVE WRAP-UP BULLETIN
TABLE OF CONTENTS
Page
I.
CONFLICTS OF INTEREST/ POLITICAL REFORM/BROWN ACT . . . .
. 1
II.
ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . .
2
III.
EMPLOYEE/EMPLOYER RELATIONS AND PERSONNEL MANAGEMENT
. 3
IV.
FISCAL ISSUES . . . . . . . . . . . . . . . . . . . . . . . . .
. 6
V.
HAZARDOUS MATERIALS, NATURAL RESOURCES,
ENVIRONMENTAL QUALITY, AND ENERGY . . . . . . . . . . . .
. 15
VI.
HOUSING, COMMUNITY DEVELOPMENT, REDEVELOPMENT
AND BUILDING REGULATION . . . . . . . . . . . . . . . . . . .
. 23
VII.
INCORPORATIONS/ANNEXATIONS . . . . . . . . . . . . . . . .
. 28
VIII.
LAND USE PLANNING, ZONING, SUBDIVISION . . . . . . . . . . . .
. 29
IX.
LAW ENFORCEMENT, CRIMINAL JUSTICE PROCEDURES . . . . . .
. 33
X.
LIABILITY/INSURANCE . . . . . . . . . . . . . . . . . . . . . .
. 36
XI.
PARKS AND RECREATION/CHILDCARE . . . . . . . . . . . . . .
. 36
XII.
PUBLIC RETIREMENT SYSTEMS . . . . . . . . . . . . . . . . . .
. 38
XIII.
PUBLIC SAFETY, FIRE PROTECTION AND EMERGENCY MEDICAL
SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 40
XIV.
PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . .
. 42
XV.
TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . . . .
. 43
XVI.
VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 47
XVII.
WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE, OSHA . .
. 50
XVIII.
MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . .
. 53
* Note: Bills marked with an asterisk indicate that the Legislative
Counsel has determined that they impose a state -mandated cost.
I. CONFLICTS OF INTEREST/ POLITICAL REFORM/BROWN ACT
1. Conflicts of Interest. Remote Interests.
AB 2252 (Hauser), Chapter 113, 1984 Statutes. Urgency.
Current law prohibits public entities from entering into contracts if a member of the
governing board has an interest in the contract. However, the prohibition does not apply
where the public official's interest is a remote one. AB 2252 would expand the definition
of "remote interest" to include contracts with persons for whom a member of the council
serves as stockbroker, insurance agent, insurance broker, or real estate agent, or where
the council member serves as an officer or employee of a non-profit corporation, if the
council member would be receiving no compensation of any kind as a result of the
contract.
2. Political Reform Act. Changes in Disclosure Requirements.
AB 2525 (Lancaster), Chapter 931, 1984 Statutes.
This bill generally liberalizes disclosure requirements under the Political Reform Act.
First, it removes from disclosure requirements all loans secured by one's home if made in
the ordinary course of business from a commercial lending institution. Second, under
current law, all sources of income of more than $250 must be disclosed. This bill provides
that income obtained from a retail business open to the general public does not have to be
disclosed and does not create a conflict of interest, with certain exceptions. Third, under
current law, leasehold interests in property which are more than ten years in length must
be disclosed. This bill would instead require that any leasehold interest worth $1,000 or
more would have to be disclosed. ,
3. Political Reform Act. Campaign Contributions. Conflicts of Interest.
AB 2992 (M. Waters), Chapter 1681, 1984 Statutes. Urgency.
Existing law prohibits persons who sit on "quasi-judicial" bodies from voting on
applications pending for a governmental entitlement if either an applicant or an opponent
has contributed more than $250 in campaign contributions to the person on the "quasi-
judicial" body. AB 2992 clarifies existing law, deletes the term "quasi-judicial body" and
substitutes local government agencies other than city councils, boards of supervisors, and
courts. The bill also appropriates $657,437 for increased enforcement of the political
reform act by the FPPC against local officials. City officials should note that FPPC
enforcement will therefore be greatly increased.
4. Political Reform Act. Destruction of Records.
AB 4040 (Young), Chapter 390, 1984 Statutes.
Existing law requires that the original campaign statements of mayors and city council
members and candidates for those offices must be retained forever by the city clerk. This
bill provides that unsuccessful candidates' campaign statements may be destroyed after
five years.
5. Attorney -Client Provision Added to Brown Act.
SB 2216 (Keene), Chapter 1126, 1984 Statutes.
SB 2216 addresses the attorney-client privilege for local government entities. Basically,
the bill authorizes attorney-client sessions for pending and potential litigation, and
requires the attorney for the city to justify the reason for the closed session in a written
memo to the council, either before or after the closed session depending on the
circumstances. It additionally authorizes closed sessions to discuss the city's bargaining
position when it is acquiring or disposing of real property.
6. Employee Salary Negotiations. Brown Act Amended.
SB 1152 (Rosenthal), Chapter 62, 1984 Statutes.
This bill authorizes a city council to hold a closed session with its designated
representative to discuss its bargaining positions on salaries, and other compensation, for
unrepresented employees.
II. ELECTIONS
1. Mailing of Sample Ballot.
AB 94 (Konnyu), Chapter 32, 1984 Statutes.
This bill makes a technical amendment to Section 10010 of the Elections Code and
provides that the sample ballot shall be mailed postage paid to each voter not more than
forty nor less than ten days before the election.
2. Recall Elections.
AB 1455 (Elder), Chapter 13, 1984 Statutes.
This bill makes certain technical, clarifying and procedural changes. In addition it
requires all recall petition sections to be printed in uniform size and darkness with
uniform spacing. Also, AB 1455 deletes the provision which now requires the city clerk to
provide to the county clerk a copy of the recall answer and a copy of the notice of
intention.
3. Miscellaneous Elections Procedures.
AB 2969 (Connelly), Chapter 875, 1984 Statutes.
Existing law prohibits a polling place from being established where alcoholic beverages are
sold or dispensed. This bill would specify that the above prohibition applies if the place is
one where the primary purpose of the establishment is the sale and dispensation of
alcoholic beverages.
Under existing law it is a misdemeanor for a circulator of an initiative, referendum or
recall petition to permit the list of signatures on the petition to be used for any purpose
other than qualification of the measure. This bill would provide that no one shall
knowingly or willfully allow the list of signatures on the petition to be used for any
purpose other than the qualification of the measure, except as may be allowed under law.
4. Special Absentee Ballot.
AB 2672 (Agnos), Chapter 178, 1984 Statutes.
This bill would provide that any application which is received by the clerk prior to the
60th day before an election shall be kept and processed on or after the 60th day before the
election. This would also require the clerk to send a list of only those candidates who
have qualified for the ballot by the 60th day before the election.
5. Appointment to Office.
AB 3024 (Cortese), Chapter 157, 1984 Statutes.
Under existing law if the governing body of a city makes an appointment to a vacant city
office because no one has been nominated to the office by the 63rd day before the city
election, the governing board may appoint someone to the office. If an appointment is
made, existing law prohibits a person filing for that office as a write-in candidate after
the 50th day before the election. This bill would prohibit write-in candidates after the
appointment is made rather than the 50th day before the election.
6. Recall Election.
AB 3294 (O'Connell), Chapter 822, 1984 Statutes.
Under existing law it is provided that the notice of intention to recall and answer to the
notice can be served personally or by certified mail. This bill would provide the notice
and answer may be delivered by personal delivery rather than personally.
-2-
7. City Recall Elections.
AB 3295 (O'Connell), Chapter 882, 1984 Statutes.
Existing law provides a procedure for the conduct of city elections including submitting
the question to the voters asking that if the recall prevails, shall the vacancy be filled by
appointment or at a special election. This bill would require that regardless of the result
on the above stated question, a special election shall be held if a majority of the
legislative body is recalled.
8. Vacancy in the Office of the Mayor.
SB 2090 (Lockyer), Chapter 1343, 1984 Statutes. Urgency.
Among other things, this bill would amend Government Code Section 1752 to permit the
appointment of a city council member to fill a vacancy in the office of an elected mayor.
III. EMPLOYEE/EMPLOYER RELATIONS AND PERSONNEL MANAGEMENT
The 1984 Legislative Session was again primarily a defensive battle for local governments
in the area of employer-employee relations legislation. At the beginning of the session,
SB 778, the bill to mandate compulsory and binding arbitration on local governments, was
scheduled for a hearing in early January. An all-out lobbying effort by city officials again
resulted in the defeat of this legislation in the Senate Finance Committee. Proponents
used the standard arguments that compulsory and binding arbitration would prevent public
safety employee strikes. The one issue which seemed to a major stumbling block for the
proponents was the obvious state -mandated costs in SB 778.
Following on the defeat of SB 778, the peace officer unions introduced SB 1440, a bill to
place local governments under the jurisdiction of the State Public Employment Relations
Board for the determination of unfair labor practices. Proponents argued that if the
Legislature would simply pass SB 1440, they would no longer seek compulsory and binding
arbitration legislation. This somewhat hollow argument did not mention what the
Federated Firefighters and other groups interested in compulsory and binding arbitration
would do in the future. It is highly unlikely that the proponents of SB 1440 could even
keep their own promise. SB 1440 was passed by the Senate Governmental Organization
and Senate Finance Committees and then sent to the floor of the Senate. On the floor,
Senator Robert Presley offered League and County Supervisors Association amendments
designed to provide certain management trade-offs. The amendments defined manage-
ment, confidential and supervisory employees and separated these employees from rank
and file bargaining units. In addition, a no -strike clause was offered to the bill to counter
the claims of the proponents that SB 1440 had nothing to do with public employees'
strikes. It was argued on the floor that the State Public Employment Relations Board has
already sanctioned strikes for school districts when those strikes are in response to unfair
labor practices. It is a very small step for the State Public Employment Board to reach
the same conclusion for cities, counties, and special districts under the provisions of SB
1440. Also, the amendments sought reimbursement for the state -mandated costs in the
bill. `
The amendments failed by a very narrow margin, a 17-17 vote on the floor of the Senate.
A majority of those present and voting was necessary to amend the bill. After the failure
of the amendments, the author waited until the next business day to take up the bill in its
unamended form, when the bill was defeated soundly. The strategy was successful and
provided legislators with a reason to vote against the bill since it did not contain the
-3-
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3. Firefighters.
AB 1336 (Floyd), Chapter 89, 1984 Statutes.
This bill makes a number of nonsubstantive, technical changes to the provisions of law
relating to firefighters of the state and local public agencies. The bill also increases the
membership on the State Board of Fire Services to 18 members from the current 17 -
member board, by adding one volunteer firefighter to the board. The additional member is
to be appointed by the Governor from a list of names recommended by statewide
organizations representing volunteer firefighters with organization memberships
exceeding 2,000 persons.
4. Fair Employment and Housing.
AB 1873 (Seastrand), Chapter 380, 1984 Statutes.
This bill provides that individuals with heart trouble, as defined in Section 3212 of the
Labor Code, who apply for firefighter apprenticeship programs, a firefighter position
where the actual duties require physical active fire suppression, or a law enforcement
position, are presumed unable to perform their duties without endangering their health and
safety or the health and safety of others. This shifts the burden of proof to the employee
to prove they are able to perform the job.
5. State Holidays.
AB 2352 (Harris), Chapter 295, 1984 Statutes.
This bill makes a number of technical changes to the Dr. Martin Luther King, Jr. holiday
which had been previously enacted. This bill designates that instead of January 15, the
third Monday in January will be designated as Dr. Martin Luther King, Jr. Day and is a
state holiday. The Dr. Martin Luther King, Jr. holiday remains an option for cities.
6. Peace Officers.
*SB 185 (Beverly), Chapter 1665, 1984 Statutes.
Current law permits a peace officer to engage in certain off-duty employment for aup blic
entity and to exercise the powers of a peace officer while so employed provided that the
peace officer is in a police uniform. This bill permits a peace officer to be employed by
private employers as well as a public entity but requires the employment for a private
employer to be approved by the local governing body and requires that the wearing of
uniforms and equipment for a private employer be also approved by the public entity. In
addition, existing law provides for an enhanced penalty for a battery against peace
officers and others. This bill includes certain publicly employed lifeguards among the
category of persons for which an assault or battery would require this same enhanced
penalty.
7. Private Industry Councils: Conflicts of Interest.
SB 1482 (Lockyer), Chapter 1032, 1984 Statutes.
Existing law provides that each county shall establish a private industry council to assure
a cooperative relationship between the government and private sector under the Federal
Joint Training Partnership Act. The members of these councils are exempted from
certain conflict-of-interest standards and measures of the Political Reform Act of 1974.
This bill deletes the exemption for public officials of state and local governments from
the conflict-of-interest provisions and the Political Reform Act of 1974. The bill also
allows a member of the community development district board to vote on matters before
the board except those that have a direct bearing on services to be provided by that
member or which would financially benefit the member or any business or organization the
member directly represents.
-5-
8. Fair Employment Practices.
SB 2012 (Watson), Chapter 1754, 1984 Statutes.
This bill makes a number of changes to the Fair Employment and Housing Act. Under
current law, the Fair Employment and Housing Act applies to any employer regularly
employing five or more persons and prohibits discrimination on the basis of race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital
status, sex, or age of the person and specifies activities in this regard which are unlawful
employment practices. In addition, it is also an unlawful practice to harass an employee
or applicant for employment and requires the employer to take all reasonable steps to
prevent harassment from occurring. This bill provides that the provisions prohibiting
harassment of an employee or applicant, apply to any person regularly employing one or
more persons rather than five or more persons and makes it an unlawful employment
practice for employers and others subject to these provisions to fail to take all reasonable
steps necessary to prevent discrimination and harassment from occurring. The bill makes
a number of additional changes to the act.
IV. FISCAL ISSUES
1. Long Term Local Government Finance.
SB 794 (Marks), Chapter 447, 1984 Statutes. Urgency.
AB 1849 (Cortese), Chapter 448, 1984 Statutes. Urgency.
These two bills, when taken together, constitute the Legislature's resolution of the long-
term local government finance issue in 1984. They provide the following changes in local
finance:
a. The AB 8 deflator is repealed and, as a result, the Vehicle License Fee is
restored in its entirety.
b. All references to bailout cutback formulas from prior years are repealed.
c. Revenue from the newly -imposed supplemental property tax roll (otherwise
known as the floating lien date property tax roll) will be distributed to cities
and counties in proportion to their customary share of the regular property tax
roll.
d. Redevelopment agencies are held harmless from any net revenue loss as a result
of the repeal of the business inventory subvention.
e. The business inventory exemption reimbursement subvention is repealed
permanently.
f. Cities which lose revenue from the repeal of the business inventory exemption
subvention will receive a new (supplemental subvention) for five years. This is
determined in the following manner:
For the 1984-85 fiscal year the Controller will distribute to each city an amount
which is 50% of what the city was entitled to receive in business inventory
subvention payments in fiscal year 1983-84 excluding any cutbacks; for the
1985-86 fiscal year each city will receive 40% of that 1983-84 business
inventory subvention entitlement; for the 1986-87 fiscal year the Controller will `
allocate to each city 30% of the fiscal year 1983-84 business inventory
entitlement; for the 1987-88 fiscal year, the Controller will allocate 20% of the
business inventory entitlement; and for the 1988-89 fiscal year, the Controller
will allocate 10% of the fiscal year 1983-84 business inventory entitlement.
Beginning in fiscal year 1989-90, there will be no supplemental subvention
3
allocated by the Controller. The entire supplemental subvention will be paid on
November 1 of each fiscal year.
g. Non -property -tax cities will receive reimbursement for repealed liquor license
fee, highway carrier in -lieu fee, and FALA subventions from the county share of
the vehicle license fee rather than from the state General Fund.
h. Existing law requires that the amount of property tax revenues apportioned by a
county auditor to a special district be reduced by an amount computed
according to a specified formula. This bill provides that for the 1984-85 fiscal
year and each fiscal year thereafter, the reduction computed by the county
auditor may not be greater than the reduction for the 1983-84 fiscal year.
2. Long Term Local Government Finance. Cleanup Legislation.
AB 2468 (Cortese), Chapter 1266, 1984 Statutes. Urgency.
This measure revises the allocation formula of the Special District Augmentation Fund
and provides that a county may not create a dependent special district for the purpose of
receiving revenues from the Special District Augmentation Fund. The measure also
provides that property tax revenue from the supplemental roll will not be allocated
directly to dependent special districts but instead will be allocated to the Special District
Augmentation Fund.
3. Long Term Local Government Finance. Cleanup Legislation.
SB 1300 (Marks), Chapter 1325, 1984 Statutes. Urgency.
This bill modifies the computation formula applicable to supplemental subventions for
multi -county special districts and redevelopment agencies and would modify the definition
of non -enterprise special district for purposes of determining the subventions to be
allocated to those entities in fiscal year 1984-85. Specifically for redevelopment
agencies, SB 1300 provides that supplemental subventions will be allocated to
redevelopment agencies in three installments each year. The Controller shall make one
payment, on or before October 31, the second payment on or before February 28, and the
third payment on or before June 30.
4. Long Term Local Government Finance. Vehicle License Fee.
SCA 23 (Ayala), Resolution Chapter 162, 1984 Statutes.
This League -sponsored constitutional amendment provides that all revenues from taxes
imposed pursuant to the Vehicle License Fee law, other than fees on trailer coaches and
mobilehomes, over and above the cost of collection shall be allocated to cities and
counties according to statute. This measure will appear on the June 1986 statewide ballot
unless there is a special statewide election between November 1984 and June 1986. This
constitutional amendment, if approved by a majority of the voters, will apply to vehicle
license fee taxes imposed pursuant to that law on or after July 1, 1986.
5. Long Term Debt Financing. Authorization for Local General Obligation Bonds.
ACA 55 (Cortese), Resolution Chapter 142, 1984 Statutes.
ACA 55, if adopted by the voters at the next statewide election (presumably June 1986),
would provide an exception to the current 1% property tax limitation for interest and -
redemption charges on bonded indebtedness at the local level. It would permit two-thirds
of the voters of a community to approve a property tax increase to pay for the costs of
local general obligation bonds which may be used for the acquisition and improvement of
real property.
6. Miscellaneous. Population Estimates for State Subventions.
AB 2769 (Cortese), Chapter 711, 1984 Statutes.
This bill removes the requirement for a mid -decade census in order to receive a revised
annual population estimate from the Department of Finance in the second five years of
each decade for the purposes of per capita state subventions such as the Vehicle License
Fee.
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7. Miscellaneous. Tax Amnesty. Business License Tax Reporting to State.
*AB 3230 (Hannigan), Chapter 1490, 1984 Statutes. Urgency.
This measure establishes a tax penalty amnesty program in fiscal year 1984-85 for the
state personal income tax. In addition, it substantially enhances the personal income tax
and sales tax compliance programs administered by the Franchise Tax Board and the State
Board of Equalization through the establishment of additional taxpayer disclosure
requirements, increased penalties, the creation of new legal tools for identifying and
prosecuting tax evaders and by funding an additional 143.7 tax enforcement positions in
the Franchise Tax Board in both fiscal year 1984-85 and 1985-86. The personal income tax
amnesty program will be conducted over the three-month period beginning December 10,
1984 through March 15, 1985. Taxpayers who agree to pay all unreported, under -reported
and unpaid taxes and interest for tax reporting periods ending June 30, 1984, will be
eligible for amnesty. Finally, AB 3230 requires each city which maintains a computerized
record keeping system or has access to a computerized record keeping or information
system and which assesses a business license tax, to annually furnish to the Franchise Tax
Board certain information for all businesses subject to this local tax for the preceding
fiscal year. Information required shall include: business name, business address, federal
employer identification number if the business is a partnership or corporation, or the
owner's name and social security number for all others, type of business activity, amount
of annual business tax, and any other information which the Franchise Tax Board may
prescribe by regulation. Cities shall begin providing to the Franchise Tax Board this
information as soon as economically feasible but no later than December 31, 1990. Such
information furnished to the Franchise Tax Board shall not be deemed to be public records
and shall not be open to the public for inspection. The bill provides that it is the
Legislature's intent to utilize the social security account numbers or federal employer
identification numbers for the sole purposes of establishing the identification of
individuals affected by state tax laws, and, to that end, the information furnished pursuant
to this bill shall be used exclusively for state tax enforcement purposes.
0Investment of Idle Funds. Monthly Reporting Requirement.
*AB 1073 (Cortese), Chapter 1226, 1984 Statutes.
This measure provides that the treasurer or chief fiscal officer of a local agency must
annually render to the legislative body of the local agency a statement of investment
policy. In addition, the treasurer or chief fiscal officer must render a monthly report to
the chief executive officer (city manager) and legislative body of the local agency showing
the type of investment, institution, date of maturity, amount of deposit, current market
value for all securities with a maturity of more than twelve months, rate of interest, and
such data as may be required by the local agency.
OInvestment of Idle Funds. Deposit of Public Monies in Credit Unions.
ACA 21 (McAlister), Resolution Chapter 106, 1984 Statutes.
This Assembly Constitutional Amendment, which will be on the next statewide ballot
(presumably June 1986), states that the Legislature may provide for the deposit of public
monies in any credit union in the state. Current constitutional provisions state that the
Legislature may provide for the deposit of public monies in any bank or savings and loan in
this state.
10. Investment of Idle Funds.
SB 2096 (Lockyer), Chapter 929, 1984 Statutes.
This bill requires that the purchase by a local agency of any of the statutorially authorized
investments not purchased directly from the issuer be instead purchased either from an
institution licensed by the state as a broker/dealer, from a national or state chartered
bank, from a federal or state savings institution, from a brokerage firm designated as a
primary government dealer by the Federal Reserve Bank, or from a member of a federally
regulated securities exchange.
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11. Investment of Idle Funds.
SB 2095 (Lockyer), Chapter 741, 1984 Statutes.
Under existing law, investments may be made by a local agency with surplus funds. The
law also allows direct investment in bankers acceptances of an amount not exceeding 40%
of the agency's surplus funds which may be invested. This measure would permit local
agencies to make investments in certain mortgage securities. A local agency's investment
in a mortgage security shall not exceed 95% of the mortgage security's fair market value
and shall not exceed 25% of the agency's surplus money which may be invested pursuant to
this section.
12. Benefit Assessments. Improvement Acts.
SB 2055 (McCorquodale), Chapter 1298, 1984 Statutes.
This measure makes a number of technical changes to the Special Assessment
Investigation, Limitation, and Majority Protest Act of 1931. For example, it revises the
requirements for maps and diagrams in the notices of assessment and would extend the
period for a lien established by the recording of an assessment from four years to ten
years in cases where improvement bonds are not issued. In addition, it amends the
Improvement Bond Act of 1915 by authorizing a legislative body (city council) to provide
for refunding of outstanding bonds in the resolution of intention to do the work. It also
authorizes the issuance of bond anticipation notes and prescribes procedures for the
issuance of the notes and the use of the proceeds. Further amendments are made to the
1915 Improvement Bond Act and the 1913 Municipal Improvement Act.
13. Benefit Assessments. Community Facilities Districts.
SB 271 (Mello), Chapter 269, 1984 Statutes. Urgency.
This measure makes a great number of technical clean-up changes to the Mello -Roos
Community Facilities Act of 1982. The measure specifically authorizes such a community
facilities district to provide recreation program services and flood and storm protection
services. In addition, it permits the district to finance the construction of natural gas
pipelines, telephone lines and facilities for the transmission of electrical energy, but
would generally prohibit a district from owning or maintaining such facilities. The
measure permits two or more local agencies or community facilities districts to enter into
a joint exercise of powers agreement to provide such facilities. The measure adds a new
requirement of the legislative body (city council) to institute proceedings for the
formation of a community facilities district if a petition is signed by a specified number
of landowners and is filed with the legislative body. The measure requires that written
requests and petitions requesting the establishment of the district be accompanied by the
payment of a fee in the amount determined by the legislative body of the district. Such
fee must be sufficient to compensate the city for all costs incurred in conducting
proceedings to create a community facilities district. The measure specifies that a
community facilities district may include areas of territory that are not contiguous and
that the Uniform District Election Law shall, with certain exceptions, govern elections
conducted under the Act. Chapter 269 makes numerous other provisions amending the
Community Facilities Act of 1982.
14. Benefit Assessments.
AB 2977 (Cortese), Chapter 496, 1984 Statutes. Urgency.
This bill enacts the Refunding Act of 1984 for 1915 Improvement Act bonds to be an `
alternative to existing procedures to refund bonds under the 1915 Improvement Act. It
prescribes reassessment procedures, refunding of bond issuance procedures and validation
procedures.
15. Benefit Assessments. Geologic Hazard Abatement District.
AB 3607 (La Follette), Chapter 555, 1984 Statutes. Urgency.
Under existing law, the formation of a geologic hazard abatement district is authorized to
pay the cost and expenses of work to prevent and control a geologic hazard or to repair
damages therefrom. This measure would authorize the emergency formation of such a
district. It would specify that the district is not an entity separate and distinct from the
local agency within which it is formed and establishes the procedure to initiate the
formation not less than fifteen days after that initiation. The measure is only applicable
in a city or county which adopts an ordinance providing for its applicability.
16. Benefit Assessments. Highway Lighting Districts. Dissolution.
SB 1682 (Stiern), Chapter 166, 1984 Statutes.
This bill authorizes a county board of supervisors to dissolve a highway lighting district
where a community services district has been established or where a city has been formed
to provide service to part or all of the territory of the highway lighting district, and where
the new city or community services district has elected to assume all the assets and
liabilities of the dissolved highway lighting district.
17. Benefit Assessments. 1915 Improvement Bond Act. Registration Expenses.
SB 1480 (Presley), Chapter 198, 1984 Statutes. Urgency.
Under existing law, the Registered Public Obligations Act of California authorizes cities
and counties issuing bonds to establish and maintain a system for registration of
obligations. Existing law also permits a local agency to keep a list of unpaid assessments
and authorizes collection of additional amounts up to 5% of each unpaid installment for
collection expenses. This bill authorizes the city or county to make an additional annual
collection under the 1915 Improvement Bond Act for registration expenses.
18. Property Taxation. Exclusion for Newly -Constructed Property Relating to Seismic Safety.
SCA 14 (Rosenthal), Resolution Chapter 2, 1984 Statutes.
This measure, which was approved by the voters in June 1984, excludes from the term
"newly -constructed" property and thereby excludes from reassessment, that portion of
reconstruction or improvement to a structure which is constructed of unreinforced
masonry bearing -wall construction which is necessary to comply with any local ordinance
relating to seismic safety during the first fifteen years following that reconstruction or
improvement.
19. Property Taxation. Fire Sprinkler Systems.
SCA 58 (Boatwright), Resolution Chapter 56, 1984 Statutes.
This measure, which appears on the November 1984 ballot, authorizes the Legislature to
provide that the term "newly -constructed" does not include the construction or
installation of any fire sprinkler system, other fire extinguishing system, fire detection
system, or fire related egress improvements which is constructed or installed after this
measure's effective date.
20. Property Taxation. Property Tax Postponement.
ACA 66 (Filante), Resolution Chapter 65, 1984 St4tutes.
This measure appears on the November 1984 ballot as Proposition 33. It authorizes the
Legislature to provide for the manner in which a disabled person may postpone payment of
ad valorem property taxes on the dwelling owned and occupied by that person as his or her
principal place of residence. This postponement would be subject to the same conditions
as current law which provides for postponement of property taxes by persons of low or
moderate income who are 62 years of age or older. This constitutional amendment
provides that the Legislature shall reimburse local agencies in an amount equal to the
amount of revenue loss by reason of the postponement of taxes. Proposition 33 is
implemented by AB 3737 (Filante), Chapter 1578, 1984 Statutes.
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21. Property Taxation. New Construction Exemption for Historic Structures.
ACA 69 (Farr), Resolution Chapter 66, 1984 Statutes.
This measure appears on the November 1984 ballot as Proposition 34. It excludes from the
term "newly -constructed" property and thereby excludes from reassessment, any addition
or alteration or rehabilitation of a certified historic structure which is an accurate
reconstruction of once extant features or necessary for safety or handicapped access.
This exclusion applies only to a dwelling occupied by an owner as his or her principal
residence. AB 3945 (Farr), Chapter 1132, 1984 Statutes, implements ACA 69.
22. Property Taxation. Supplemental Property Tax Roll.
*AB 2345 (Hannigan), Chapter 946, 1984 Statutes. Urgency.
This measure contains a number of cleanup provisions relative to the administration of the
supplemental property tax roll. Specifically affecting city revenues, AB 2345 provides
that redevelopment agencies will receive the supplemental property tax roll beginning in
fiscal year 1984-85.
23. Property Taxation. Change in Ownership.
*AB 2922 (Bradley), Chapter 872, 1984 Statutes.
This measure requires property owners of tax-exempt real property (including local
agencies and school districts) with respect to which a lease, license or use permit
conveying a right to use that property is created or assigned, to report to the assessor
specified information relating to such transaction.
24. Property Taxation. Unclaimed Money.
*AB 2692 (Cortese), Chapter 866, 1984 Statutes.
This measure, among other provisions, provides for an alternative procedure for a party of
interest to file a claim for unclaimed money not the property of a local agency. AB 2692
makes numerous other changes in the law relating to tax deeded property and sales related
thereto..
25. Miscellaneous. Motion Picture Business License Taxes.
SB 2293 (Rosenthal), Chapter 1639, 1984 Statutes.
This measure enacts the Motion Picture, Television and Commercial Industries Act of
1984. It revises the membership of the Motion Picture Council and limits fees set by the
Council to the cost of providing the property or services. It requires the Director of
General Services to establish the level of charges for the use of state-owned property and
state employee services. It declares the Legislature's intent to encourage local
governments to develop uniform procedures for issuing permits, and to charge fees for the
use of local agency property or employee services, which do not exceed the estimated
reasonable costs of providing the property or services for which the fees are charged. The
bill also states the Legislature's intent to encourage local governments to establish
departments which would allow motion picture productions to obtain all locally required
permits in one location.
26. Miscellaneous. Joint Exercise of Powers.
SB 1419 (Russell), Chapter 170, 1984 Statutes.
This measure declares that the State of California pledges to the holder of bonds issued by
any local agency or entity created by a joint exercise of powers agreement that the state `
will not change the composition of the issuing agency unless the change in composition is
authorized by a majority vote of the legislative body of each of the participating cities or
counties or by a majority vote of the electors thereof.
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27. Miscellaneous. Local Taxation. Horseracing. Fairs.
AB 62 (Pagan), Chapter 421, 1984 Statutes. Urgency.
Under existing law, every racing association other than the California Exposition and
State -Fair, or county or district agricultural association fair, may choose permanently to
deduct an amount up to 0.33 of 1% from the total pari-mutuel wages. The amounts
deducted pursuant to this law shall be distributed to the city in which the racing meeting
is conducted or to the county if the racing meeting is conducted outside the limits of the
city. If a city or county has elected by ordinance to receive a distribution from the racing
association under this section, it shall not at any time thereafter levy any license or
excise tax or fee including an admissions, parking or business license tax, or any tax or fee
levied solely upon the racing association. Further, a city or county electing to receive a
distribution under this law shall continue to provide ordinary and traditional municipal
services such as police services and traffic control in connection with racing meetings.
AB 62 would allow the California Exposition and State Fair, or any county or district
agricultural association fair, to choose to make this deduction if the city or county in
which the fair meeting was being conducted levied a license fee or excise tax or imposed
an admission tax prior to January 1, 1984.
28. Miscellaneous. Local Flood Control Projects. State Disbursements.
AB 2424 (Stirling), Chapter 1378, 1984 Statutes. Urgency.
This bill requires the State Department of Water Resources to submit to the State
Controller all approved local agency claims for reimbursement allocations for flood
control projects within ninety days of receipt of the claim, and would require the
Controller to perform an audit of completed projects within nine months after the claim is
received by the Department. It would also require the Department, if the Controller is
unable to perform the audit within that time period, to pay at least 90% of the claims
subject to completion of the audit by the Controller.
29. Miscellaneous. Sales and Use Tax Exemption. Photocopies in Libraries.
SAB 2227 (Felando), Chapter 1468, 1984 Statutes.
Existing sales and use tax law provides that a vending machine operator, which is a
nonprofit charitable or education organization, is a consumer and not a retailer of tangible
personal property which sells at retail for 1% or less and which is actually sold through a
vending machine located in a library facility. (Consumers do not pay sales tax while a
retailer does.) This bill would, in addition, provide that a library district, municipal
library or county library, and any vendor making sales pursuant to a contract with any of
these entities, is a consumer of and not a retailer of, photocopies which it sells through a
coin-operated copy machine.
30. Miscellaneous. Public Library Funding.
SB 555 (Nielsen), Chapter 831, 1984 Statutes. Urgency.
Under current law, there is established a method by which the Controller computes state
aid to each public library. This bill would transfer these computational duties to the State
Librarian. It would also change the date upon which reports from the fiscal officer of
each public library are due from August 31 to October 31 of each fiscal year. In addition,
it deletes the current allocation schedule and requires that, commencing with the 1984-85
fiscal year, 100% of public library aid will be distributed to each library on or before
January 15 of the fiscal year.
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31. Miscellaneous. Contracts With Local Agencies. Unified Audits.
AB 3372 (Stirling), Chapter 1286, 1984 Statutes.
This bill makes a number of revisions in state fiscal and auditing practices and standards.
In addition, it authorizes local agencies to establish single financial and compliance
auditing procedures for direct service contractors who are nonprofit organizations under
direct service contracts. For the purposes of this statute, "local agency" means any local
agency which awards direct service contracts to nonprofit organizations including, but not
limited to, any city, county, special district, housing authority, school district, community
college district, or county superintendent of schools.
32. Miscellaneous. District Reorganization Studies.
AB 3496 (Konnyu), Chapter 1392, 1984 Statutes.
This bill authorizes the county board of supervisors to make loans to special districts to
cover the costs of conducting studies regarding the feasibility of consolidation, merger or
reorganization. Funds for such consolidation studies would come from the Special District
Augmentation Fund.
33. State -Mandated Cost Reimbursement.
AB 504 (Vasconcellos), Chapter 96, 1984 Statutes. Urgency.
This bill is the first local government claims bill of 1984 and provides $21.9 million in
reimbursement to schools and local government for state -mandated local costs.
Specifically, it provides the following reimbursement for mandated costs affecting cities:
-- $628,000 for
Chapter 357,
population of
general plan.
the City of Los Angeles for costs incurred in complying with
Statutes of 1978, which requires that any charter city with a
2,000,000 or more make its zoning ordinances consistent with its
-- $4.7 million to cities and counties for costs incurred resulting from Chapter 77,
Statutes of 1978, which requires that all local agencies make absentee ballots
available upon request to all registered voters.
-- $41,000 to cities and counties for costs incurred in complying with Chapter 845,
Statutes of 1978, which requires that cities and counties with at least 5,000
residents or in which 5% of the population is of Filipino ancestry or ethnic
origin, categorize Filipinos as a separate ethnic classification in employee
ethnicity surveys and tabulations.
-- $1.7 million for cities and counties for costs incurred in complying with Chapter
946, Statutes of 1973, which authorize the State Fire Marshal to promulgate
regulations effecting fire safety and requiring local agencies to ensure
compliance with such regulations. Title 19, CAC, Sections 17.33 and 18.07 set
standards for the prevention of fire and the protection of life and property
against fire in existing and new high-rise structures.
-- $340,000 for cities and counties for costs incurred in complying with Chapter
1143, Statutes of 1980, which established substantially more detailed require-
ments for the housing element of a city and county's general plan. Among the
provisions of this law was the requirement that cities and counties address the
regional demand for housing within their respective housing element.
The bill also contained $30 million for costs incurred in complying with Chapter 360,
Statutes of 1977, which shifted the burden of workers' compensation liability for
cumulative injury or occupational disease from former to current employers.
Unfortunately, however, the Governor vetoed the $30 million appropriation because
the 1977 legislation resulted in significant savings to the State Compensation Insurance
Fund. The Governor stated in his veto message that it would be more appropriate to
satisfy the state's obligation to reimburse those local costs from the State
Compensation Insurance Fund rather than from the General Fund, and that he would
look favorably on legislation which would accomplish that purpose.
34. State -Mandated Cost Reimbursement. Disclaimers.
AB 2961 (Vasconcellos), Chapter 1436, 1984 Statutes. Urgency.
This measure .represents the Board of Control's second local government claims bill for
1984.. For cities, it includes $26,100 for costs incurred in complying with Chapter 1095,
Statutes of 1981, which requires cities and counties to provide specified notice regarding
new Williamson Act contract cancellation provisions to affected property owners. In
addition, the bill finds and declares that Chapter 1275, Statutes of 1975, does not contain
a mandate. This chapter requires local agencies to conduct public hearings before
acquiring property by eminent domain and to make payments for lost good will. The
measure also provides that the Legislature finds and declares that Sections 3401 through
3409, inclusive, of Title 8 of the California Administrative Code, does not contain a
mandate. These Administrative Code regulations require that local fire departments
provide specific types of fire safety clothing and equipment for structural firefighters.
35. State -Mandated Cost Reimbursement.
SB 1537 (Russell), Chapter 782, 1984 Statutes.
This bill requires the Controller, when conducting audits of local public agency workers'
compensation state -mandated local program claims for Chapter 1023 (1973) and Chapter
1017 (1976), shall allow any payment made to the local agency for reimbursement of its
1978-79 through 1981-82 costs for compromise and release cases, if in computing
reimbursable costs the local agency used either the applicable weekly temporary disability
rate or the weekly permanent total disability rate.
36. State -Mandated Cost Reimbursement. New Commission on State Mandates.
SB 2337 (Foran), Chapter 1459, 1984 Statutes.
This bill establishes a new Commission on State Mandates which replaces the current
State Board of Control. It would be composed of the State Controller, the State
Treasurer, the State Director of Finance, the Director of the Office of Planning and
Research, and a public member with experience in public finance, appointed by the
Governor and approved by the Senate. The Commission would conduct a strictly legal
proceeding for deciding whether a mandated cost exists or not and the extent of the
mandated cost. It continuously appropriates $10 million to the State Mandates Claims
Fund. Legislative statutes which acknowledge a mandated cost and which specify
reimbursement from this fund shall be paid from the fund automatically if their statewide
cost does not exceed $500,000. The measure continues the twice -per -year mandated cost
claims bill. The bill provides that if the Legislature deletes funding from such a claims
bill, the local agency may file in the Superior Court of the County of Sacramento an
action in declaratory relief to declare the mandate unenforceable and enjoin its
enforcement. The bill also specifies reimbursable and non -reimbursable claims. The
listing of non -reimbursable mandated costs amounts to a restatement of existing law.
Finally, the bill provides that the Commission shall hear and decide upon a claim by a
state agency that a local agency or school district has realized a cost savings authorized
by the state. The local government claims bill at the time of its introduction shall require
the Controller to deduct 50% of the cost savings realized by each local agency from the
reimbursements for costs mandated by the state.
37. Fines and Forfeitures. Park and Recreation Districts.
AB 3272 (Campbell), Chapter 991, 1984 Statutes.
This bill requires a monthly transfer to the treasurer of any recreation and park district of
an amount equal to 50% of the fines and forfeitures collected with respect to persons `
arrested or notified by peace officers of the recreation and park district for violations of
rules, regulations or ordinances of the district and occurring on property owned,
administered or controlled by the district.
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38. Fines and Forfeitures. Courthouse Temporary Construction Fund. Automating Information.
AB 2509 (Farr), Chapter 427, 1984 Statutes.
This bill amends the provisions of law relating to the Courthouse Temporary Construction
Funds in counties other than Los Angeles or San Francisco and authorizes the use of
monies in such a fund in Monterey County for the improvement of criminal justice
automated information systems.
V. HAZARDOUS MATERIALS, NATURAL RESOURCES,
ENVIRONMENTAL QUALITY, AND ENERGY
In late 1983 a state poll indicated that toxic substances was the Number 3 public concern
in California, behind crime and education. Accordingly, the State Legislature considered
nearly 100 bills dealing with this subject and is expected to continue to be active in the
future. However, the bill of most interest to local government, that of hazardous waste
management plans, and the result of a two-year study -- AB 3119 (Tanner) — was vetoed
by the Governor. This means that the issue of the process of planning for new hazardous
waste facilities and other aspects of future hazardous waste management and local
government's role, was unresolved this year and will undoubtedly be a prime issue for
consideration in 1985. Other major focuses of legislation in 1984 were protective
measures to prevent leaks from tanks and so-called toxic ponds, and the improvement of
state enforcement of existing laws, including placing a $100 million bond issue on the
November ballot to make more funds available sooner for cleanup.
HAZARDOUS MATERIALS
1. Pesticides. Preemption of Local Ordinances.
AB 2635 (Bronzan), Chapter 1386, 1984 Statutes.
A recent decision of the State Supreme Court held that local government ordinances
imposing stricter controls on certain pesticide applications was not preempted by state
law. This measure specifically overturns that decision and declares that state law
regulating pesticides is intended to occupy the field and be preemptive of all local
regulation.
2. Hazardous Waste Surface Impoundments or Toxic Ponds.
SAB 3566 (Katz), Chapter 1543, 1984 Statutes.
This measure enacts the so-called "Toxic Pits Cleanup Act" of 1984 and requires persons
discharging hazardous wastes into a surface impoundment, often known as an evaporation
pond, to meet various new regulatory requirements. The measure would generally prohibit
the use of surface impoundments after January 1, 1988, if the facility is located within
one-half mile of any underground water supply. A regional water quality control board
may grant exceptions from this prohibition if it finds, among other things, that no
extremely hazardous wastes are present in the evaporation pond. The measure would also
require all surface impoundments to be equipped with a double lining and monitored for
the detection of leaks. The measure includes other provisions such as reporting `
requirements to the Water Board and related measures.
3. Hazardous Substances. Toxic Preservatives on Wood Products.
SB 946 (Presley), Chapter 662, 1984 Statutes.
This measure prohibits the use of state funds by any public agency or childcare center for
purchasing wooden playground or recreation equipment treated with specified chemicals.
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4. Hazardous Substances Cleanup Bond Act of 1984.
*SB 1465 (Lockyer), Chapter 376, 1984 Statutes. Urgency. (Proposition 27 on the November
1984 Ballot.)
The existing State Hazardous Waste Superfund allows for the collection of up to $10
million per year to cover the cost of cleanup of hazardous materials spills, leaks and
other problems. This measure increases that annual amount to $15 million and also
authorizes the sale of bonds up to $100 million which can be paid back by future taxes
collected under the Superfund. In essence this allows the funds to be used more
expeditiously.
The bond measure also creates the Hazardous Substance Cleanup Arbitration Panel for the
purpose of apportioning the liability of persons for the cost of remedial actions for
hazardous substances. This Panel would also be allowed to negotiate cleanup agreements
for these releases. Persons held liable would be required to reimburse the State Superfund
for any costs incurred prior to an agreement.
5. Hazardous Substances Release. Local Government Cleanup Cost Reimbursement.
SB 1672 (Seymour), Chapter 1219, 1984 Statutes.
This measure provides that where a person's negligence causes, a public agency to incur
costs to respond to an emergency in order to confine, prevent or mitigate the release,
escape or burning of hazardous substances, is liable to the public agency for
reimbursement of those costs.
6. Hazardous Waste Transportation.
*SB 2030 (Hart), Chapter 1683, 1984 Statutes.
This measure enacts specific requirements concerning routes, parking and stopping places
for transporters of hazardous waste. It authorizes the Highway Patrol, after consultation
with Caltrans or the city or county agency with traffic control jurisdiction over the route,
to close roads to the transport of hazardous waste if the highway is (1) posted, (2) included
in a list which is published and available to interested parties for at least fourteen days, or
(3) appreciably less safe than a reasonable alternate highway. Additionally, the restriction
on use of the highway must not be precluded or preempted by federal law, and before
restricting the road, the CHP must consider the impact of this restriction on surrounding
jurisdictions.
The measure also provides that transportation from the point of origin to the appropriate
waste facility shall be by the most direct route utilizing state or interstate highways
wherever possible. Within cities or congested areas, exceptions to direct routes shall be
made in order to avoid congested thoroughfares, places where crowds are assembled and
residential districts. The measure also prohibits vehicles from being left unattended
overnight in a residential area.
Additionally, upon recommendation of the Highway Patrol, three or more violations of
these requirements constitute grounds for suspension or revocation of the license for
transporting hazardous materials.
7. Waste Energy Facilities.
*SB 2292 (Campbell), Chapter 1160, 1984 Statutes.
Waste energy facilities generate fly ash and other emissions. Under existing law, the -
Department of Health Services msut classify this as either hazardous or non -hazardous
waste. This measure provides that the Department must generally classify such emissions
as non -hazardous waste if various monitoring and other findings are made. The bill would
further prohibit the Department from repealing or modifying the classification of this ash
or residue made before January 1, 1985, unless the Department determines that
significant changes have occurred in the waste combustion process at that facility.
The determination of the ash emission from a waste energy facility is considered to be a
significant factor in developing the financing for waste energy facilities.
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8. Underground Storage Tanks.
*AB 3447 (Sher), Chapter 1537, 1984 Statutes.
This measure is a cleanup bill to last year's AB 1362. It clarifies that the civil penalties
under state law are also applicable within cities and counties that have their own
ordinances governing underground storage tanks. Additionally, for five years, cities and
counties which have their own ordinances would still be required to collect a fee to be
transferred to the State Water Resources Control Board for the development of a state
program. AB 3565 (Sher), Chapter 1038, and AB 3781 (Sher), Chapter 1584, are also
cleanup bills to the underground storage tank laws but they do not contain significant new
provisions likely to affect city ordinances. However, cities with their own ordinances that
administer the state program or refer to the state program should review these new laws
as well.
9. Hazardous Waste Property. Land Use Restrictions.
*AB 3879 (Filante), Chapter 1736, 1984 Statutes. Urgency.
Under existing law, the Department of Health Services may designate property upon which
hazardous waste has been deposited as hazardous waste property and may designate
property within 2,000 feet as border zone property. When land is so designated, the
Department is required to order the owner to execute an easement upon the land
prohibiting, among other purposes, residential dwelling units to be built on the property.
This measure would authorize the Department, when it receives an application for
designation of property, to recommend to city and county land use authorities that they
prohibit specified uses of the land, including residential uses.
This measure also requires the Department of Health Services to prepare a plan to
implement the Hazardous Substance Cleanup Bond Act on the November 1984 ballot by
December 1, 1984, if the voters approve the bond act.
10. Hazardous Waste Cleanup. Notification.
*AB 4047 (Maxine Waters), Chapter 1546, 1984 Statutes. Urgency.
This measure requires any public agency which as an owner, lessor or lessee knows or has
probable cause to believe that an unauthorized disposal of hazardous waste has occurred
on that public property to notify the State Department of Health Services. The
Department would be required to determine whether there has been an unauthorized
disposal of hazardous waste, and if so the department is required to notify the local
agency and the residents thereof to post signs as specified and take various cleanup
measures.
11. Solid Waste Disposal Sites. Enforcement and Hazardous Waste Migration.
*AB 3525 (Calderon), Chapter 1532, 1984 Statutes.
This measure requires enforcement agencies of solid waste disposal laws, and all state
agencies including the Water Board and Air Board and the Department of Health Services
to provide information to other specified public agencies at least ten days before issuing
an enforcement order for a non -emergency and within five days after an emergency order
concerning a solid waste disposal facility. Additionally, if the enforcement agency
discovers a violation of state or local law that is likely to result in an enforcement action,
it must notify the other concerned agencies within fifteen days of the discovery. The
measure specifies the information which must be contained in the reports.
12. Solid Waste Disposal Facilities. Financial Assurances.
AB 3527 (Calderon), Chapter 1408, 1984 Statutes.
This measure requires the Solid Waste Board to adopt standards and regulations between
July 1, 1985, and January 1, 1986, requiring that as a condition for the issuance,
modification, revision or review of a solid waste facility permit, the operator must
provide assurance of adequate financial ability to respond to personal injury claims
resulting from the operations of the facility. Prior to July 1, 1985, the Solid Waste Board
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is required to submit to the Legislature a report which identifies the best means of
developing, implementing and administering closure and post -closure financial assurances
for solid waste facilities.
NATURAL RESOURCES/WATER, COAST, AGRICULTURAL LANDS
13. Water. Clean Water Bond Act.
AB 1732 (Costa), Chapter 377, 1984 Statutes. Urgency. (Proposition 25 on the November
1984 Ballot.)
This measure enacts the Clean Water Bond Law of 1984. If approved by the voters, it will
provide for the issuance of state bonds of up to $325 million for grants and loans to cities
and other public agencies to construct treatment works, for water conservation programs,
and for loans to cities for water reclamation projects.
14. Safe Drinking Water Bonds.
AB 2183 (O'Connell), Chapter 378, 1984 Statutes. Urgency. (Proposition 26 on the Novem-
ber 1984 Ballot.)
This measure enacts the California Safe Drinking Water Law. If approved by the voters, it
will provide for $75 million in bonds for state loans and grants for the construction,
improvement or rehabilitation of domestic drinking water systems.
15. Coastal Act -- Agricultural Land.
AB 2001 (McClintock), Chapter 259, 1984 Statutes.
Under the State Coastal Act, one of the factors for determining whether or not
agricultural land may be converted to urban use is the viability of existing agricultural
uses. This measure provides that the determination of viability shall include an economic
feasibility evaluation as defined in the bill.
16. Coastal Act.
AB 2952 (Elder), Chapter 978, 1984 Statutes.
This measure prohibits the Coastal Commission from imposing terms or conditions on the
development of a sewage treatment plant which is applicable to any future development
that the Commission finds can be accommodated by that sewage treatment plant
consistent with the provisions of the Coastal Act.
17. Fish and Wildlife Consultation Procedures.
AB 2106 (Frizzelle), Chapter 611, 1984 Statutes.
This measure provides that it is the policy of the state to anticipate and resolve potential
conflicts between the management and the conservation and protection of fish and
wildlife resources, and private and public activities that may affect them. The bill
authorizes the Department of Fish and Game to use informal consultative procedures to
achieve this policy prior to taking any formal action.
18. Santa Monica Mountains Conservancy.
AB 2824 (Davis), Chapter 1549, 1984 Statutes.
Under existing law, the Santa Monica Mountains Conservancy is composed of seven voting
members and two ex -officio members. This measure requires at least one of the public
voting members of the Conservancy to be a resident of the San Fernando Valley statistical
area.
Under existing law, the Santa Monica Mountains Conservancy may transfer acquired lands
to public agencies if the public agency pays the acquisition costs plus administrative and
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management costs. This measure authorizes the Conservancy to determine if the agency
would operate and maintain transferred land for park, recreation or resource preservation
purposes. If this determination is made, the property could be transferred to any city,
county, park district or the National Park Service without consideration or at any price
mutually agreed upon, after first offering the property to the State Department of Parks
and Recreation.
19. Offshore Oil Leases.
SB 1543 (Hart), Chapter 1251, 1984 Statutes.
Under existing law, the State Lands Commission leases tide and submerged lands for oil
and gas exploration and production. This measure requires the Commission, prior to the
adoption of a lease, to consult with the Department of Fish and Game, the National
Marine Fishery Service, the oil industry, and fishermen operating within the area
considered for leasing. The measure would require the Commission to consider the
potential impacts of the lease on the fisheries and marine habitat within the area being
considered for leasing, and authorize it to impose terms, conditions or operational
requirements it deems necessary to protect fisheries.
20 Revenues from Oil and Gas Leases.
SB 1983 (Robbins), Chapter 1553, 1984 Statutes.
Under existing law, the State Controller is required to annually pay each city or county
having tide and submerged lands 1% of the revenues paid to the state from oil and gas
leases within the city or county, but the total amount paid to each city or county may not
exceed $75,000 per mile of ocean frontage within and owned or operated as a park by that
city or county. This measure increases that limit to $100,000 per mile and deletes the
limitation with regard to new revenues in excess of those the state received during 1983-
84. This measure would further require that after July 1, 1985, 1% of state oil and gas
revenues be deposited in the State Fair and Exposition Fund for the purpose of purchasing
a permanent site for the 51st District Agricultural Association Fair in Los Angeles
County.,
21. Fish and Wildlife Habitat Enhancement Bond Issue.
SB 512 (Hart), Chapter 6, 1984 Statutes. Urgency.
This bond act approved by the voters and now in effect appropriates $85 million available
for appropriation to the Wildlife Conservation Board and the State Coastal Conservancy
for the acquisition, enhancement or development of lands for the preservation of
resources and the management of wildlife and fisheries. $20 million of the funds provided
to the Coastal Conservancy are for grants to local public agencies in the Coastal Zone and
in the San Francisco Bay region.
22. Agricultural Lands -- Williamson Act.
AB 2204 (Kelley), Chapter 851, 1984 Statutes.
Current law splits state jurisdiction over the Williamson Act between the Director of Food
and Agriculture and the Director of Conservation. This bill places all jurisdiction with the
Director of Conservation. Cities will now file their Williamson Act maps and sample
contracts with him.
23. Williamson Act -- Agricultural Preserves.
*AB 4020 (O'Connell), Chapter 523, 1984 Statutes. Urgency.
This measure provides that an agricultural preserve under the Williamson Act shall
continue in full effect following detachment of land from a city.
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24. Williamson Act. Subdivisions.
*SB 1455 (Marks), Chapter 1111, 1984 Statutes.
This measure would require cities and counties to disapprove subdivision of land which is
subject to the Williamson Act if it finds that the resulting parcels following the
subdivision would be too small to sustain their agricultural use. For purposes of this
section, land is presumed to be too small if it is (a) less than ten acres in size for prime
agricultural land, or (b) less than forty acres in size for other land.
ENVIRONMENTAL QUALITY ACT (CEQA)
25. CEQA. Streamlining of Process.
*AB 2583 (Goggin), Chapter 1514, 1984 Statutes.
*AB 3949 (Harris), Chapter 1438, 1984 Statutes.
These measures incorporate recommendations from a report prepared by the State Bar on
ways to streamline the Environmental Quality Act. Most of these changes are quite
technical and only would affect decisions which are challenged in court. The most
significant change is to require that in any litigation under the Environmental Quality Act
there be a mandatory settlement conference and preparation of the record. The bill also
sets forth strict time limits that must be met by the parties to the litigation.
These bills make other numerous changes clarifying and modifying some of the legal
interpretations of the Act and should be carefully reviewed by city attorneys.
26. Enforcement of CEQA.
SB 1079 (Leroy Greene), Chapter 1213, 1984 Statutes.
This measure specifies what a court may include in its order after it finds that a public
agency has made a decision without complying with the Environmental Quality Act. The
options of the court are: (a) to mandate that the decision be voided and/or (b) to mandate
that all activity pursuant to the decision which could result in alteration of the physical
environment be suspended, and/or (c) to mandate the public agency to take specific action
necessary to bring its determination or decision into compliance with CEQA. The measure
further specifies that the court is required to retain jurisdiction over the action by the
public agency until the court has determined the public agency has complied with the law.
The measure specifies that nothing in its provisions authorizes a court to direct any public
agency to exercise its discretion in any particular way.
This law is intended to apply to any matter pending before a court on January 1, 1985, in
which a court has not entered into a final decision.
27. CEQA. Residential Developments.
*AB 3772 (Chacon), Chapter 440, 1984 Statutes.
Under existing law, if a parcel has been zoned or designated in a community plan to
accommodate a particular development, and an Environmental Impact Report was
prepared for that zoning or planning, the environmental review of any subdivision map or
other project consistent with the zoning or community plan is limited to effects upon the
environment peculiar to the parcel and which were not addressed in the previous report.
This measure extends the same practice to developments consistent with the general plan
for which an Environmental Impact Report was prepared. It specifically provides that it
does not affect any requirement to analyze potentially significant off-site impacts and -
cumulative impacts not discussed in the Environmental Impact Report on the general plan.
Under both existing law and the new law, persons who did not participate in a public
hearing held to review the decisions made are barred from bringing suit to challenge it.
1W412
28. CEQA. Consultation.
*AB 2411 (Lancaster), Chapter 637, 1984 Statutes.
Under existing law, prior to completing an Environmental Impact Report, the lead agency
is required to consult with and obtain comments from responsible agencies and other
public agencies which have jurisdiction by law over the project. This measure requires the
lead agency, upon request of the applicant for a private project, to provide for early
consultation to identify the significant issues to be analyzed in the Environmental Impact
Report. The early consultation is with persons identified by the applicant who the
applicant believes will be concerned with the environmental effects of the project, and
with members of the public who have made a written request to be consulted on the
project.
29. CEQA. Determination of Whether an EIR is Necessary.
*AB 2897 (Kelley), Chapter 586, 1984 Statutes.
Under existing law, a lead agency has 45 days to determine whether an Environmental
Impact Report or negative declaration is required for a project. This measure shortens
the determination period for those purposes to 30 days, but permits the period to be
extended for an additional 15 days upon the consent of the lead agency and the project
applicant.
30. CEQA. Filing of Notices of Approval.
*SB 682 (Seymour), Chapter 1357, 1984 Statutes.
Under existing law, whenever a city approves a project subject to the Environmental
Quality Act, it must file a notice of that approval with the county clerk. This measure
requires that notice to be filed within five working days after the approval becomes final
and requires that the notice be returned by the clerk to the city and retained by the city
for at least nine months after the clerk posted it.
31. CEQA. Schools. Exemption.
SB 1355 (Carpenter), Chapter 1250, 1984 Statutes.
This measure exempts from the Environmental Quality Act the closing of a public school
in which kindergarten or any of grades one through twelve is maintained.
32. CEQA. Street Re -striping. Exemption.
AB 3574 (La Follette), Chapter 750, 1984 Statutes.
This measure exempts from the Environmental Quality Act any project for the re -striping
of streets or highways to relieve traffic congestion.
ENERGY
33. Community Energy Authorities.
AB 1659 (Farr), Chapter 1550, 1984 Statutes.
This measure enacts the Community Energy Authority Act. It specifically authorizes
cities or counties to adopt and implement a comprehensive energy strategy to assist in
encouraging energy efficiency and conservation within the community. The Authorities
would be structured much like housing authorities and would have similar authority to
issue bonds and perform related projects.
34. Alternative Technologies for Air Transportation.
AB 3579 (Leonard), Chapter 1076, 1984 Statutes.
This measure requires the Department of Transportation to include in its biennial report
to the Legislature, provisions including alternative technologies for air transportation.
The Department would be required to coordinate with the Energy Commission in preparing
some of the information.
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35. Energy Facilities at State Sites.
AB 3703 (Vasconcellos), Chapter 1045, 1984 Statutes.
This measure provides that where a state facility, through third party financing,
establishes an energy conservation project which generates cash revenues, one-half of the
revenues received shall be continuously appropriated to that state site, in addition to the
funds that it would otherwise be receiving from state funds. This measure makes
legislative declarations that it is the policy of the state to encourage and provide
incentives for third party financing of energy projects at state facilities.
36. Alternative Energy Sources.
AB 3897 (Naylor), Chapter 1595, 1984 Statutes.
This measure requires the Energy Commission to make loans and to contract for research
to make energy technologies more efficient and cost effective and to develop new cost
effective alternative sources of energy. The measure appropriates $6 million from
existing Energy Commission funds for this program. At least 10% of the funds in each
year must be made available to local government.
37. Franchises for Industrial Gas Lines.
SB 1556 (Beverly), Chapter 197, 1984 Statutes.
Under the Franchise Act of 1937, cities may grant gas, oil, water, and electric public
utility franchises and non-utility oil franchises. This measure provides for the granting of
non-utility industrial gas franchises as well as oil franchises.
38. Methanol Fuel.
SB 1987 (Boatwright), Chapter 1278, 1984 Statutes.
This measure requires the State Air Resources Board, in consultation with the Energy
Commission, to establish and conduct until January 1, 1988, a methanol -gasoline blend
experimental vehicle fleet program.
39. Local Government Energy Conservation Standards for Buildings and Other Facilities.
SB 2028 (Dills), Chapter 774, 1984 Statutes.
Under existing law, a city may impose energy conservation or installation standards above
and beyond state requirements if the city files the basis of its determination that the
standards are cost effective with the Energy Commission, and the Commission finds that
the standards will reduce energy consumption. This measure will require a city to update
and file a new basis of its determination that the standards are cost effective if after at
least two years there has been a substantial change in the factual circumstances affecting
the determination. Any party affected by a current city program could request the city to
initiate a review of the cost effectiveness of the standards by paying a fee to the city to
cover all costs of conducting the review. If after conducting the review the city
determines that the standards are no longer cost effective, the ordinance imposing the
standards shall no longer be operative within that jurisdiction.
40. Geothermal Revenues. Grants and Loans to Local Agencies.
SB 2102 (Dills), Chapter 1066, 1984 Statutes.
Under existing law, 30% of the revenues the state receives which are deposited in the
Geothermal Resources Development Account and are a portion of revenues received by
the state from energy projects, are to be used to provide grants to cities, counties and
districts having geothermal resources. This measure permits the funds to also be used for
loans, and clarifies that regional planning agencies and small public utility districts
generating less than 50 megawatts of electricity are also eligible for these funds.
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VI. HOUSING, COMMUNITY DEVELOPMENT, REDEVELOPMENT
AND BUILDING REGULATION
ECONOMIC DEVELOPMENT
1. Enterprise Zones.
*AB 40 (Nolan), Chapter 45, 1984 Statutes. Urgency.
AB 514 (Maxine Waters), Chapter 44, 1984 Statutes. Urgency.
AB 139 (Leonard), Chapter 1471, 1984 Statutes. Urgency.
Companion measures AB 40 and AB 514 are designed to create enterprise zones for
economic development in and around depressed areas. Under both bills, local governments
apply for designation of areas to the State Department of Business and Economic
Development (now entitled the Department of Commerce). Preliminary applications are
first submitted and those viewed as having the greatest chance of approval are required to
undergo further local planning and state review.
Under AB 40 the designation of ten enterprise zones, including two high technology zones,
requires the designation of areas which are depressed by virtue of high unemployment and
low income. The designations are binding for fifteen years and businesses locating within
the enterprise zone are relieved from various state taxes. Local agencies applying for
designation are encouraged to offer further incentives including exemption from local
regulatory provisions or local taxes.
Under AB 514, the so-called Employment and Economic Incentive Act, the designated
areas for businesses need not be located within the depressed areas. They need to be
located at a work site that is conveniently reached from a distressed area and will employ
persons residing in the high-density unemployment area.
Detailed regulations are required to be adopted for the application process under both
programs. Copies of these regulations will be provided to all cities when available.
AB 139 is a cleanup measure to the enterprise zone bills, mainly clarifying the
environmental review process, and does not make significant changes.
2. Economic Development -- Industrial Development Bonds.
AB 2363 (Farr), Chapter 1229, 1984 Statutes. Urgency.
This measure specifically authorizes the acquisition and development of industrial
parkland. The bill prescribes criteria to be used to determine whether industrial
development bonds may be sold to finance the conversion of abandoned plant sites, or sites
that had been prepared for use by means of an Urban Development Action Grant, into
industrial parks.
The measure allows a local agency which has designated itself as the board of directors of
an industrial development authority to also form a joint powers authority and undertake
industrial development bond programs on a joint and consolidated basis.
The measure also exempts from the existing $10 million limit for bonds, the development
and acquisition of industrial parklands meeting specified criteria.
HOUSING
3. Housing. Age Restrictions and Density Bonuses.
*SB 1553 (Boatwright), Chapter 1333, 1984 Statutes.
The courts have interpreted the federal and state civil rights laws to prohibit
discrimination in housing becaue of a person's age. This measure clarifies that where a
business establishment has designed accommodations specifically to meet the special
physical and social needs of senior citizens, such housing may be preserved and that it is
not age discrimination to restrict the housing to senior citizens.
This measure also provides that the density bonuses which a city must offer a developer
who agrees to construct housing for persons of low and moderate income also apply where
a developer agrees to construct housing in which at least 50% of the total dwelling units
are senior housing. However, to qualify for the density bonus, the senior housing
development must have at least 150 units if it is in an urban area or 35 units if it is in any
other area of the state.
4. Rental Housing Construction Fund.
SB 2126 (Leroy Greene), Chapter 1678, 1984 Statutes. Urgency.
This measure provides an appropriation of $2 million to the Rental Housing Construction
Fund within the Department of Housing and Community Development. Other appro-
priations contained in the measure were deleted by late amendments in the Legislature or
were vetoed by the Governor.
5. Housing. Protest of Fees.
SB 2136 (Leroy Greene), Chapter 653, 1984 Statutes.
This measure establishes a procedure by which developers may protest the imposition of
fees, taxes, assessments, dedications, reservations or other exactions. The measure
establishes a statute of limitations requiring persons within 90 days after the
establishment of the fees, taxes, assessment, dedication, reservation or other exactions,
to file a protest with the public agency by tendering the required payment in full or
providing evidence of arrangements to ensure performance, serving notice of the
conditions of protest, and legal theory forming the basis of protest. The measure provides
that the approval of the project may be suspended where necessary to protect the public
health, safety and welfare pending the resolution of a protest filed pursuant to this
section. This law does not authorize new authority to allow a public agency to deny
projects simply because a protest has been filed.
Note: City attorneys should read this measure carefully, together with AB 2648 (Costa),
Chapter 1722, since they provide similar procedures for similar types of protests. For
information on AB 2648, see the section on subdivisions.
6. Increases of Building Fees.
SB 1885 (Ellis), Chapter 701, 1984 Statutes.
This measure provides that as a general rule the increase or adoption of a fee for housing
projects shall be effective no sooner than 60 days following final action on the adoption or
increase. However, emergency fees may be imposed without the 60 -day delay, if approved
by a 4/5ths majority of the legislative body. The emergency fees expire 30 days after
adoption but may be extended for up to two more 30 -day periods.
7. Housing Elements.
*AB 1597 (Costa), Chapter 1684, 1984 Statutes.
This measure makes technical changes to the housing element, particularly as it relates to
the determination of regional shares of housing need. It shortens the time periods for
state and local agencies to make decisions and make information available. It states that
a growth -control ordinance which limits the number of buildings which may be constructed
on an annual basis shall not in and of itself be a basis to justify a reduction in a city's
share of the regional housing need. - -
The measure further states that determinations by the state, regional governments, and
local governments with respect to shares and regional housing needs are exempt from the
Environmental Quality Act.
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8. Housing Element Revision. Dates Extended.
AB 3618 (Roos), Chapter 208, 1984 Statutes. Urgency.
Under existing law, housing elements must be revised every five years. The first revision
is required to be completed by July 1, 1984. This urgency measure delays that deadline in
all areas of the state except jurisdictions within the Southern California Association of
Governments. The revised schedule is as follows: for jurisdictions in SCAG, July 1, 1984,
for the first revision and July 1, 1989, for the second revision; for jurisdictions within
ABAG, January 1, 1985, for the first revision and July 1, 1990, for the second revision; for
jurisdictions within other regional COG's including San Diego, Fresno, Kern County, the
Sacramento area, and the Monterey Bay area, July 1, 1985, for the first revision and
July 1, 1991, for the second revision; and for all other cities and counties, January 1, 1986,
for the first revision and July 1, 1992, for the second revision.
9. Housing for the Homeless and Emergency Shelters.
AB 2579 Waxine Waters), Chapter 1691, 1984 Statutes. Urgency.
This measure requires that housing elements of cities and counties include a determination
of special housing needs of the homeless. The measure also requires the Department of
Housing and Community Development to study the need for emergency shelters for
homeless persons and to develop criteria and guidelines for local governments to use on a
permissive basis for rehabilitating or establishing emergency shelters.
10. Housing. Developments Approved at Lower Densities or Disapproved after Developments
Found to Meet Existing Law.
AB 2836 (Lewis), Chapter 1104, 1984 Statutes.
Under existing law, if a housing development is found to have complied with all laws,
policies and standards in effect at the time the application was complete, but is
subsequently disapproved, or approved at a lower density, the local agency must make
findings indicating why it was necessary to disapprove it, and the findings must indicate
that specific health and safety requirements necessitate the lower density or disapproval
and that there is no other way to mitigate or avoid them.
This measure states that if such findings have been made and are challenged in court, the
public agency making the findings has the burden of proof to establish that it has made the
requisite findings and that the findings comply with the requirements of law.
11. Housing Finance.
SAB 4025 (Maxine Waters), Chapter 1399, 1984 Statutes.
This measure requires cities, redevelopment agencies, housing authorities and other local
governments issuing bonds to finance housing construction to at least annually report
information about these projects to the California Debt Advisory Commission. The
measure further requires such public agencies to give priority to ,processing construction
or mortgage loans for units for occupancy by low income persons.
12. Recreational Vehicle Parks.
*SB 1572 (Craven), Chapter 1144, 1984 Statutes.
This measure places limitations on local ordinances which regulate recreational vehicle
parks and which impose time limitations for occupancy of spaces in recreational vehicle
parks. The measure requires that such cities permit the owners of recreational vehicle
parks to apply for an exemption from an ordinance imposing such a time limit. It would
require the city to grant the exemption unless it finds that the exemption would cause
specific adverse impacts which cannot be mitigated or avoided. Before rejecting the
exemption, the city must also consider partial exemption by setting forth a number of
spaces for short-term occupancy, or increasing the maximum length of stay to a longer
period. The jurisdiction may also consider imposing other conditions to assure that there
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will be no adverse impact on local school districts due to additional enrollment of
residents, and to assure that the recreational vehicle park complies with state
administrative regulations for the park.
If the park is located within the Coastal Zone, the
amendment to its local coastal program if changing
would conflict with the local coastal program and
would be required for such a change.
REDEVELOPMENT
13. Redevelopment. Comprehensive Revision.
*AB 203 (Hannigan), Chapter 147, 1984 Statutes.
city or county must apply for an
the time limitation within the park
the Coastal Commission's approval
This bill is almost identical to AB 1545 (Hannigan) which proposed a number of reforms in
California redevelopment law and was adopted by the Legislature in 1983, but vetoed by
the Governor on the basis that development district authority should not be included. AB
203 excludes development district authority. It was co-sponsored by the League and the
Community Redevelopment Agencies Association. AB 203:
-- Streamlines the redevelopment plan adoption process
-- Redefines financial burden for purposes of pass-through agreements
-- Redefines blight slightly
-- Guarantees automatic 2% increase to all taxing entities
-- Excludes vacant land from project areas
-- Narrows the use of redevelopment funds to exclude normal maintenance and
operation
Current law provides that there is no basis for pass-through agreements except with
respect to financial burden or detriment to a taxing entity. This bill defines financial
burden or detriment as a net increase in the quality or quantity of a service caused by the
redevelopment project or as a loss of property tax revenues produced by a change of
ownership or new construction which would have been received or was reasonably
expected to have been received by the taxing entity if the redevelopment project had not
been established. AB 203 becomes effective January 1, 1985.
14. Redevelopment. California Debt Advisory Commission Study. Agency Board Members.
SB 617 (McCorquodale), Chapter 15, 1984 Statutes. Urgency.
Under existing law, the California Debt Advisory Commission has been directed to
conduct a study of community redevelopment agencies and to report its findings to the
Legislature by January 1, 1984. This bill extends the deadline to October 1, 1984. This
bill also permits a member of the legislative body of a city or county who did not wish to
serve on the redevelopment agency board to so notify the city council or county board of
supervisors in writing and require the council or board to appoint a replacement.
15. Redevelopment. Removal of Hazardous Waste.
AB 3966 (Elder), Chapter 1540, 1984 Statutes.
This bill permits a redevelopment agency to take any actions within a project area which
the agency determines are necessary to remedy or remove hazardous waste from property
if the agency obtains written approval from the State Department of Health Services prior
to taking that action. In addition, if methane or landfill gas is present, the bill would
require the agency to obtain written approval from the California Waste Management
Board prior to taking action.
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16. Redevelopment. Study of Vacant Land Available for Development.
AB 3967 (Farr), Chapter 964, 1984 Statutes.
This bill requires the Office of Planning and Research to select and survey a sample of
cities and counties throughout the state and report to the Legislature by December 31,
1985, with regard to the amount of land within cities and counties which is intended for
development and which is not in predominantly urbanized blighted areas of that
community and which cannot be developed either by the private sector or existing
government programs or funds in a manner which is both economically feasible and
consistent with the general plan of the city or county.
17. Redevelopment. Financial Reporting.
*SB 1387 (Marks), Chapter 1523, 1984 Statutes.
This bill requires the State Controller to compile and publish annually reports of the
financial transactions of each project area of each community redevelopment agency.
The bill also revises the reporting requirements of redevelopment agencies to the
Department of Housing and Community Development and would require additional
information in the report with respect to indebtedness and tax increment property tax
revenues.
18. Redevelopment. Utilization of Vacant Land.
AB 2598 (Leonard), Chapter 1291, 1984 Statutes.
This bill provides that an unblighted, non-contiguous area within the City of Victorville
shall be conclusively deemed necessary for effective redevelopment and would permit the
redevelopment agency within the City of Victorville to include that territory within its
non-contiguous project area.
19. Redevelopment. Public Entity Property Acquisition. Relocation Assistance.
*AB 1051 (Bader), Chapter 146, 1984 Statutes.
Under certain conditions, existing law provides for the payment of relocation assistance
and imposes other conditions upon acquisition of privately owned real property by a public
agency. This bill would exempt from these requirements to provide relocation assistance
a purchase of property offered for sale by the owner, property sold at execution sale, or
property sold by court order or supervision, if the property in any of these situations is
owner -occupied or unoccupied, subject to specified conditions.
BUILDING REGULATION
20. Schools Subject to Local Grading Ordinances.
*SB 1681 (Stiern), Chapter 657, 1984 Statutes.
Existing law generally exempts school districts from city or county building ordinances.
SB 1681 requires schools to comply with city or county ordinances regulating drainage,
road improvements and conditions, and grading on the school site. It also requires schools
to consider city or county ordinances relating to design and construction of off-site
improvements, and provides that if a school district does not comply with local
ordinances, that the city or county is immune from any liability resulting from the school's
failure or refusal to comply with local ordinances.
21. Sewage Facilities Exempt from Building Ordinances. `
AB 2778 (Bradley), Chapter 976, 1984 Statutes.
This bill generally gives sewage treatment facilities the same exemption from local
building ordinances as are now given to electrical and water facilities.
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22. Buildings. State Adoption of Building Codes -- Local Adoption.
*SB 956 (Dills), Chapter 908, 1984 Statutes.
Under existing law, cities are provided one year from the effective date of provisions
changing or adopting a new state building code to make local changes based on local
circumstances. This measure reduces the one year time period to six months.
23. State Historical Building Code.
*SB 2321 (Marks), Chapter 1314, 1984 Statutes.
Under existing law, the State Historical Building Code provides alternative building
standards for repairs, alterations and additions for historical buildings. About half of the
local governments in the state have adopted the Historical Building Code. This measure
would make the State Historical Building Code binding upon all local governments in the
state, in effect making it a part of the State Building Code. Local governments would be
permitted to make changes to the State Historical Building Code based upon the same
local circumstances that can be used to justify changes to state -adopted uniform building
code provisions.
VII. INCORPORATIONS/ANNEXATIONS
1. LAFCO Prohibited From Imposing Unrelated Conditions on Annexations.
AB 832 (Cortese), Chapter 1515, 1984 Statutes.
This bill provides that a LAFCO may not require a city to extend city services to an area
which is not being annexed when the requirement to extend the services is being imposed
as a condition on approving the annexation of an unrelated piece of property. The bill
contains an exception for situations where the condition is being imposed to mitigate
effects resulting from the annexation.
2. Agricultural Lands and Spheres of Influence.
AB 1239 (Seastrand), Chapter 394, 1984 Statutes.
Under existing law, a LAFCO considers the existence of agricultural preserves when
establishing spheres of influence for a city. Existing law defines "agricultural preserves"
as areas devoted to agricultural, recreational, or open space use. AB 1239 would instead
require LAFCO to consider the existence of "agricultural lands," and defines them as land
used for the commercial production of agricultural commodities.
3. LAFCO Must Give Notice to Cities.
*AB 1848 (Clute), Chapter 80, 1984 Statutes.
This League -sponsored bill requires a LAFCO to give specific notices to cities when a
proposed action by a LAFCO would affect the city or the areas within its sphere of
influence. It also requires LAFCO to furnish to the city any staff analyses and reports,
and to specifically consider any comments given by the city before LAFCO takes any final
action on a proposal. _
4. Incorporation Petitions Signature Requirements Changed. _
SB 1318 (Marks), Chapter 543, 1984 Statutes.
This bill conforms the District Reorganization Act and the Municipal Organization Act
signature requirements relating to city incorporations, so that in general both now require
the signatures of twenty-five percent of the registered voters in a particular area to
initiate a vote.
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5. Date for Spheres of Influence Extended.
*SB 1319 (Marks), Chapter 1059, 1984 Statutes.
Existing law requires that LAFCO's must have spheres of influence completed by
January 1, 1985, for all governmental entities within the county over which the LAFCO
has jurisdiction. SB 1319 extends that date to June 30, 1985, for adoption of spheres of
influence for local agencies that do not provide facilities or services related to
development.
6. LAFCO Mandate Made Permissive.
SB 2157 (Seymour), Chapter 1302, 1984 Statutes. Urgency.
Current Government Code Section 54796 requires a LAFCO to consider certain factors
when evaluating a proposal submitted to the LAFCO. Government Code Section 54790
says that LAFCO "shall" adopt "standards" for the factors enumerated in Section 54796.
The current drafting of state law is such that it is almost impossible for LAFCO to comply
with current law. Consequently, SB 2157 changes the "shall" in Section 54796 to a "may."
7. Subsidiary District Procedures Modified.
SAB 3382 (Farr), Chapter 1074, 1984 Statutes.
AB 3384 (Farr), Chapter 686, 1984 Statutes.
AB 3385 (Farr), Chapter 1097, 1984 Statutes.
When a city applies to LAFCO to form a subsidiary district, AB 3382 would authorize the
district to process an alternative proposal through LAFCO, and either or both could be
placed on the ballot. AB 3384 authorizes a city and a district to enter a mutual services
agreement which contains a promise by the city that it will not initiate a subsidiary
district proceeding for a certain number of years, as provided in the agreement. AB 3385
provides that if a subsidiary district election fails, a new proposal may not be presented to
LAFCO for two years thereafter.
VIII. LAND USE PLANNING, ZONING, SUBDIVISION
LAND USE/ZONING
Revision of State Planning Act.
*AB 2038 (Cortese), Chapter 1009, 1984 Statutes.
SB 1317 (Marks), Chapter 690, 1984 Statutes.
These two bills substantially revise and recodify the existing planning law. AB 2038
deletes the scenic highways element from the general plan, consolidates the remaining
eight elements into seven elements and simplifies the legal requirements for many of the
general plan elements. The bill eliminates the list of optional general plan elements,
simplifies the noise element, consolidates existing public hearing notice requirements into
one section, revises the specific plan law to make that law more usable, and repeals the
Model Integrated Local Planning Act and the District Planning Law. AB 2038 makes
technical changes in the Quimby Act (the parkland dedication law), provides that
procedural errors in planning, zoning, and subdivision proceedings do not invalidate the
actions unless the errors were prejudicial, and revises the procedures for the adoption and
amendment of general plans. SB 1317 consolidates into one article of the planning and
zoning law the existing six articles relating to local planning agencies. It simplifies that
law and repeals unnecessary sections. The two bills result from several years of work by a
task force made up of representatives of both governmental and private sector interests.
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2. Statutory Vested Right to Build.
* SB 1660 (Montoya), Chapter 1113, 1984 Statutes.
California courts have determined that there is no "vested right to build" until a builder
has received a building permit and performed substantial improvements on the property
pursuant to that building permit. SB 1660 modifies the case law and establishes a limited
statutory "vested right" to build. Basically, the bill creates two kinds of tentative maps.
It leaves unchanged the standard tentative subdivision map, and creates a "vesting
tentative map." The bill requires cities and counties to establish ordinances by January 1
of 1986 which establish procedures and standards for processing these vesting tentative
maps. It provides that these maps will be processed the same as ordinary tentative maps
except where otherwise required by state law or local ordinance. SB 1660 further provides
that once a "vesting tentative map" is approved, the builder may then proceed with
development of the property, and has the right to build the development which was
approved by the city for a period of time which is calculated by adding together the
following: (1) the life of the map, plus (2) one to three years past the date the final map is
recorded (the time period is prescribed by local ordinance but may not be less than one nor
more than three years) to receive a building permit, plus (3) the life of the building permit
plus any extensions. At the end of that time period (approximately four to ten years
depending on local actions) the builder must have met the standard common law "vested
rights" test in order to be able to continue to build. During the life of the builder's
"vested right" to build, the local agency may only change the rules and require design
changes, etc., if it is necessary to protect the public health and safety or to comply with
changes in state or federal law. Cities should review this changed law and proceed with
processing implementing ordinances. It is probable that there will be a "cleanup bill" next
year, and we request that city attorneys and planning directors review this bill and send to
us as soon as possible their comments on technical problems with the bill that can be
corrected next year.
3. Development Agreements.
* AB 2869 (Mountjoy), Chapter 751, 1984 Statutes.
Under existing law, cities may enter into development agreements by which development
projects approved at a particular time may receive subsequent approvals in accordance
with the laws in effect at the time the development agreement is entered, rather than the
laws in effect at the time of the later approval. This measure provides that if a developer
so requests, any city or county must establish procedures for the consideration of
development agreements. It does not require a city or county to enter into a development
agreement.
4. County -Issued Building Permits Carry Over to Cities.
*AB 1772 (Papan), Chapter 63, 1984 Statutes.
This bill generally provides that if a building permit is issued by a county before a city is
incorporated, the building permit remains valid until it expires, without regard to the fact
that an incorporation has occurred. It also provides that building permits carry over from
a county to a city which annexes the property covered by the building permit, unless the
city expressly makes the provisions of AB 1772 inapplicable to the annexation.
5. Exhaustion of Administrative Remedies in Planning and Zoning Actions.
AB 2681 (Herger), Chapter 1685, 1984 Statutes. _
This bill generally provides that in a lawsuit to attack a planning or zoning action, no
issues may be raised in the lawsuit that were not raised at the public hearing. Exceptions
are issues that could not be raised at the public hearing.
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6. Airport Land Use Commissions. Local Zoning Decisions.
*AB 3551 (Mountjoy), Chapter 1117, 1984 Statutes.
Existing law creates airport land use commissions (ALUCs) and requires them to formulate
comprehensive land use plans for the property surrounding public airports. AB 3551
provides that ALUCs may not amend their plans more than once in any calendar year.
Existing law also requires cities to submit their general plans to ALUCs for review and
approval if any part of the general plan area is also covered by the planning area under the
jurisdiction of the ALUC. Existing law also allows the city to overrule the ALUC's
decisions. This bill provides that if the general plan has not been reviewed by the ALUC,
it may review all planning and zoning decisions made by the city until the general plan is
reviewed and approved by the ALUC or the city has overruled a disapproval by the ALUC.
7. State Aid to Planning.
AB 3789 (Seastrand), Chapter 1130, 1984 Statutes.
This bill authorizes the State Department of Water Resources to assist cities in developing
flood control provisions in city general plans.
8. General Plan Litigation: Court Procedures.
SB 2139 (L. Greene), Chapter 1039, 1984 Statutes.
This bill revises the existing procedures and standards contained in state law relating to
court review of the adequacy of general plans. In general, the amendments are technical
ones which should expedite court review of the adequacy of general plans.
9. Alcoholism Recovery Facilities for Six or Fewer Persons.
SB 2274 (Watson), Chapter 1667, 1984 Statutes.
SB 2274 provides that alcoholism recovery facilities serving six or fewer persons are to be
treated as single family dwellings for zoning and business license purposes.
10. Development Applications.
*AB 2622 (La Follette), Chapter 1723, 1984 Statutes.
Current law requires a city to determine, not later than 30 days after it receives a
development application, whether that application is complete. This bill applies that same
30 -day time limit when the developer submits supplemental materials in cases where the
city had determined that the original application was not complete. The bill also requires
the city to provide a process to appeal staff decisions determining that an application is
not complete.
11. Outdoor Advertising.
AB 3161 (Papas), Chapter 554, 1984 Statutes.
This measure authorizes local agencies to adopt ordinances or resolutions providing for
relocation of billboards. The bill provides that removal of a billboard in accordance with a
relocation agreement that also permits construction of a substitute outdoor advertising
display at a new location is not a compelled removal which requires compensation under
the eminent domain laws.
MAP ACT
12. Expiration of Local Development Permits.
*AB 3060 (Killea), Chapter 990, 1984 Statutes.
AB 3060 provides that permits issued in conjunction with tentative subdivision maps expire
at the same time as the map unless the face of the permit states a different expiration
date. The bill also makes a technical change to Government Code Section 65950.
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13. Amendment of Definition of "Condominium" for Purposes of State Law.
AB 3373 (Stirling), Chapter 291, 1984 Statutes.
This bill revises and expands the definition of a condominium. The bill is the result of the
work -of a task force composed primarily of real estate attorneys specializing in
condominium developments. The revised definitions are contained at Section 783 of the
Civil Code and Sections 1350 and 1351 of the Civil Code.
14. Merger of Lots. Cleanup Bill to 1983 Legislation.
*AB 894 (Cortese), Chapter 102, 1984 Statutes. Urgency.
Last year the Legislature enacted AB 2010 (Cortese), Chapter 845 of the 1983 Statutes.
This year it enacted AB 894 (Cortese as a cleanup bill to correct technical errors in AB
2010.
15. Subdivisions. Exemption frorn Map Act of Wind Powered Electrical Generation.
AB 2474 (Rogers), Chapter 306, 1984 Statutes.
This bill provides that the division of property for purposes of financing erection, sale or
lease of wind powered electrical generation devices are not covered by the Subdivision
Map Act, so long as there is a discretionary action by the local government agency
governing the property division.
16. Illegal Parcels. Notice to Owner.
*AB 2654 (Leonard), Chapter 864, 1984 Statutes.
This bill requires that when a local agency notifies a property owner that he or she has an
illegal parcel, the local agency must also inform the property owner why the parcel is
illegal.
17. Limitation on Fees for Processing Condominium Conversion of Mobilehome Parks.
AB 2728 (Frazee), Chapter 286, 1984 Statutes.
This bill provides that local agencies may not charge fees for the processing of the
conversion of mobilehome parks to condominiums or stock cooperatives, except such fees
as are necessary to cover processing costs.
18. Parkland Dedications. Technical Quimby Act Amendments.
SB 571 (Dills), Chapter 1001, 1984 Statutes.
This bill makes technical changes to the Quimby Act, which authorizes cities to require
parkland dedications as conditions to approval of subdivision maps.
19. Certain Subdivision Procedures Extended to Parcel Maps.
SB 1731 (Rosenthal), Chapter 337, 1984 Statutes.
SB 1731 is a technical bill which conforms the requirements for filing a parcel map with a
local legislative body to the requirements for the filing of a final subdivision map with the
local legislative body, and conforms the time periods -for which parcel maps last to the
time periods which subdivision maps last.
20. New Cities. Conditions on Building Permits.
SB 2156 (Seymour), Chapter 504, 1984 Statutes.
Existing law generally provides that absent compelling health and safety reasons, a city
may not place a condition on a building permit that it could have placed on a tentative `
subdivision map. SB 2156 provides that a newly incorporated city may not place a
condition on a building permit issued for construction in a subdivision in that city if the
condition could have been placed on the subdivision map approved by the county prior to
the city's incorporation.
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21. Extensions of Subdivision Maps During Pending Litigation.
SB 2157 (Seymour), Chapter i302, i984 Statutes. Urgency.
This bili modifies the requirements for a developer to obtain an extension of a subdivision
map for up to five years while a lawsuit is pending, and makes such extensions available
for parcel maps.
22. Definit,nn of Design and Improvement Revised.
SB 2166 (� -yell), Chapter 1187, 1984 Statutes.
nis hill ma�.es revisions in the definitions of "design" and "improvement" for purposes of
t: ,e Subdivi,: on Map Act.
IX. LAW ENFORCEMENT., CRIMINAL JUSTICE PROCEDURES
1. Peace Officer Training. Domestic Violence.
*SB 1472 (Watson), Chapter 1609, 1984 Statutes.
This bill requires peace officers to receive specified training in responding to domestic
violence calls. It requires that the course of instruction, the learning and performance
objectives and the standards for the training be developed by POST. It requires local law
enforcement agencies to adopt and comply with specified procedures with respect to
domestic violence incidents, to maintain records of protection orders issued in domestic
violence incidents, and to compile and record by categories all domestic violence -related
calls received.
Neighborhood Watch.
AB 3917 (Hayden), Chapter 1457, 1984 Statutes.
This bill requires the Office of Criminal Justice Planning to conduct three regional
neighborhood watch leadership and training conferences and appropriates $90,000 for
these purposes.
3. Peace Officer Training. Criminal History.
*AB 2605 (Allen), Chapter 785, 1984 Statutes. Urgency.
Current law provides that persons who have been convicted of certain crimes or who are
drug addicts are prohibited from owning or possessing concealable firearms. This bill
would require that each applicant for admission to a basic course of training certified by
POST and who is not sponsored by a law enforcement agency or is not a peace officer
employed by a state or local agency, to submit written certification from the Department
of Justice that he or she has no criminal background which would disqualify him or her
from owning or possessing a concealable firearm.
4. Peace Officer Training. POST.
*AB 2110 (Alatorre), Chapter 43, 1984 Statutes.
-xisting law requires that certain peace officers satisfactorily complete a course of
raining prescribed by POST. This bill would instead provide that only specified peace
officers may satisfactorily complete that course of training. Current law also requires
any peace officer who is first employed after January 1, 1975, to successfully complete a
course of training approved by POST before exercising the powers of a peace officer.
Successful completion of the course does not require completion of the examination.
POST is required to develop a training proficiency testing program including a
standardized examination. AB 2110 requires POST to report to the Legislature prior to
July 1, 1987, on academy testing proficiency scores. The bill also provides that certain
acts involving misuse of a POST certificate are misdemeanors.
5. Reserve Peace Officers.
AB 3714 (Johnston), Chapter 761, 1984 Statutes.
Level 3 reserve peace officers under current law, when trained as required, may be
deployed only in limited functions not usually requiring general law enforcement powers.
This bill would expand upon the functions of a Level 3 reserve peace officer, spelling out
those limited powers not requiring general law enforcement powers in their routine
performance. For example, a Level 3 reserve officer may perform search and rescue,
personnel administration support, community public information services, communications
technician services, and scientific services, which do not involve direct law enforcement
without supervision.
6. Prisoners. Transfer from County to City Jails.
AB 3572 (La Follette), Chapter 388, 1984 Statutes.
There is no provision in current law for the transfer of convicted prisoners to a city jail
when facilities are no longer available in the county jail because of crowded conditions.
This measure authorizes a sheriff to make this transfer upon terms agreed upon by the
city council and the board of supervisors. It would provide that the terms may indicate
that the facilities are to be provided free of charge to the county.
7. Prisons. Mutual Aid Escape Pursuit Plan.
AB 2774 (Sher), Chapter 608, 1984 Statutes. Urgency.
This measure requires that each state prison develop a mutual aid escape pursuit plan with
local law enforcement agencies which would be subject to annual review by the city
council and county board of supervisors where the prison is located. It would also require
each prison to have a citizens' advisory committee to be appointed by the warden or
superintendent of the prison.
8. Placement of Juvenile Court Wards.
* AB 3254 (Isenberg), Chapter 821, 1984 Statutes.
This bill requires that juvenile court wards convicted of offenses which would be crimes
for an adult must be placed within their county of residence unless a court finds that the
boy or girl has identifiable needs requiring placement outside the county. When a ward is
placed outside the county the probation department of the county from which the juvenile
court ward comes must notify the probation department of the county to which the ward
is going. The bill also requires the state to give notice of license revocation of community
care facilities handling these court wards to county probation departments within ten days
of a revocation, and requires the State Department of Social Services to give cities
quarterly lists of community care facilities within the county where the city is located,
upon request of the city for such a list.
9. Licensing Requirements Increased for Community Care Facilities.
* SB 2202 (Ayala), Chapter 1409, 1984 Statutes.
This bill increases the licensing requirements for community care facilities providing 24-
hour care for six or fewer wards or dependents of the juvenile court. In general, it
imposes minimum qualifications for the persons in charge of such homes, and requires 24-
hour supervision of the children placed in such homes. It requires unannounced inspections
at least annually of the homes and adds grounds for suspension or revocation of licenses of -
these homes.
10. Motorcycle Helmet Law for Juveniles.
* AB 2497 (Allen), Chapter 987, 1984 Statutes.
This bill requires all children under 15Y2 years to wear helmets while on motorcycles.
Violation is an infraction.
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11. Traffic Accident Reports. Limitations on Evidence.
* AB 2595 (Stirling), Chapter 861, 1984 Statutes.
This bill provides that traffic accident reports for property damage accidents may not
include the peace officer's opinion of who was at fault unless the peace officer has first
examined physical evidence at the site or there has been an admission of fault by one of
the parties.
12. State Commission on Crime Control and Violence Created.
AB 3646 (Vasconcellos), Chapter 1709, 1984 Statutes.
AB 3646 creates a State Commission on Crime Control and Violence which, among other
duties, would institute community violence prevention and conflict resolutions programs.
13. Immunity for Reporting Child Abuse.
SB 2118 (Presley), Chapter 1703, 1984 Statutes.
Existing law immunizes persons who are required by state law to report potential child
abuse from civil or criminal liability for making reports on potential child abuse. This bill
adds to the immunities persons who at the request of proper authorities assist or
cooperate in the investigation of alleged child abuse.
14. Liquor Licenses Near Youth Facilities.
AB 3045 (Moore), Chapter 273, 1984 Statutes. Urgency-
This
r enc .
This bill authorizes the ABC to deny a liquor license to a premises located within 600 feet
of a youth facility.
15. Off -Sale Liquor Licenses. Notice Requirements.
AB 2448 (M. Waters), Chapter 614, 1984 Statutes.
Currently, applicants for liquor licenses must give. certain notices of their application for
a liquor license. These notices include notice to the city. Under AB 2448 every resident
within a 500 -foot radius of the licensed premises will also have to be given a notice of the
application for a liquor license.
16. Penalties Increased Relating to Obscene Pictures of Minors.
* SB 968 (Richardson), Chapter 1489, 1984 Statutes. Urgency.
This bill increases the penalties for taking or distributing obscene pictures of minors or
showing obscene pictures to minors, when it is done for commercial purposes, and adds
penalties for engaging in such acts for non-commercial purposes.
17. Animal Euthanasia by Nitrogen Prohibited.
* AB 2358 (O'Connell), Chapter 281, 1984 Statutes.
This bill prohibits the use of nitrogen gas for purposes of euthanizing dogs and cats.
18. Biting Dogs. Criminal Penalties.
AB 2208 (Tucker), Chapter 655, 1984 Statutes.
Existing law provides that biting dogs may be destroyed, and provides for civil penalties
against the dog owner and the dog. This bill adds criminal penalties against the owners of
dogs which bite humans on two separate occasions, or bite humans causing substantial
physical injury.
19. Use of Taxpayer Dollars for Political Purposes a Crime.
*SB 2135 (Boatwright), Chapter 970, 1984 Statutes.
This bill makes it a crime to knowingly seek public funds to reimburse the costs of
attending political functions in support of or in opposition to any political party, political
candidate, or ballot measure.
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20. Signal Piracy of Satellite Television Services a Crime.
SB 387 (Montoya), Chapter 336, 1984 Statutes.
SB 1485 (Speraw), Chapter 833, 1984 Statutes. Urgency.
SB 387 increases the penalty for the manufacture, sale, or distribution of equipment to be
used to pirate subscription television signals, imposes criminal penalties for the use of the
piracy equipment, and creates civil penalties for unauthorized sale and use of these piracy
devices. SB 1485 creates criminal penalties for piracy of the signals of multipoint
distribution services and instructional television fixed services.
X. LIABILITY/INSURANCE
1. Uninsured Motorists. Criminal Penalties.
SB 850 (Robbins), Chapter 1322, 1984 Statutes.
AB 1155 (McAlister), Chapter 1324, 1984 Statutes.
Every year, uninsured motorists cause untold millions in property damage and personal
injury which goes unreimbursed. Public agencies are included in the victims of uninsured
motorists since much of the damage they cause is to public property, and many public
employees are off the job as a result of injuries caused them by uninsured motorists. SB
850 and AB 1155 tighten the law on uninsured motorists by making it a crime to drive
without insurance, and eliminate the current system where an uninsured motorist does not
have to prove insurance until after he has caused damages.
2. Immunity for Landslide Damages.
AB 3114 (Harris), Chapter 1071, 1984 Statutes.
This bill partially reverses a recent Supreme Court decision, and provides that a public
entity is immune from liability for property damage for property located off the premises
of publicly owned property, when that land failure is either on or off the unimproved
public property.
3. Antitrust Immunity for Ambulance Operations.
AB 3153 (Bronzan), Chapter 1349, 1984 Statutes.
This bill provides limited immunity from liability under the antitrust laws for paramedic
services which comply with the requirements of the bill.
XI. PARKS AND RECREATION/CHILDCARE
1. City Day Care Programs Must Be Licensed.
SAB 469 (Campbell), Chapter 1486, 1984 Statutes.
This bill requires city -run day care programs to be licensed by the state, but exempts city -
run recreation programs from licensure. Generally, it defines "recreation" programs to be
programs run for less than 12 hours per week; or if more than 12 hours per week, then less
than 12 weeks in duration. It requires the state to develop special simplified forms for
cities to use in their license applications.
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2. 1984 Park Bond Act.
AB 2099 (Farr), Chapter 5, 1984 Statutes. Urgency.
AB 2099, approved by the voters on the June 1984 ballot, is a $370 million bond issue for
acquisition, development, rehabilitation or restoration of state and local park and
recreational properties and for historic preservation. In general, $150 million will go to
cities, counties and park districts for park acquisition and development; $155 million to
the state park system, distributed throughout the state on a regional basis; $10 million to
the Santa Monica Mountains Conservancy; $5 million for wildlife conservation; and $50
million for the State Coastal Conservancy. Monies to cities, counties and parks districts
are allocated on a regional basis and distributed within regions on a competitive basis.
3. Park Improvement Financing.
SB 2137 (L. Greene), Chapter 1080, 1984 Statutes.
This bill amends the Landscaping and Lighting Act of 1972 to authorize a city to levy
benefit assessments to finance park improvements. It also amends the 1915 Bond Act to
authorize the issuance of bonds to pay,for those park improvements. Benefit assessments
would be levied on benefitted properties.
School Site Disposition Advisory Committees.
*AB 2912 (Campbell), Chapter 584, 1984 Statutes.
This League -sponsored bill modifies the composition of school district school site
disposition committees to require that those committees contain persons who have
knowledge of the zoning and other land use restrictions of the city in which the surplus
site is located.
SRoberti-Z'berg Park Program Modified.
AB 737 (Harris et al), Chapter 1748, 1984 Statutes. Urgency.
The Roberti-Z'berg Urban Open Space and Recreation Program Act has been used
extensively to develop parks and recreational facilities in urban areas throughout the state
of California. The program has suffered badly during recent years because of a lack of
funding. AB 737 expresses the Legislature's intent to appropriate approximately $37
million annually for the Roberti-Z'berg program ($1.50 per capita), updates the
requirements of the Roberti-Z'berg program and modifies the requirements for local
matching money on state grants.
6. Use of Interest Earned on Quimby Act Fees for Park Maintenance.
AB 2578 (Roos), Chapter 896, 1984 Statutes.
In 1982, the Legislature authorized the use of the interest earned on fees paid in lieu of
parkland dedication for the purpose of maintaining existing parks. The 1982 bill sunsets
January 1, 1985. AB 2578 extends the sunset to January 1 of 1987.
7. Crime to Disrupt Recreation Centers.
*AB 870 (McAlister), Chapter 422, 1984 Statutes.
This bill makes it an infraction for an individual to willfully interfere with or disrupt the
recreational activities of persons granted the use of a recreation center by a city council.
QCivic Center Act. Use of School Facilities for Recreational Activities.
*AB 2725 (M. Waters), Chapter 49, 1984 Statutes. Urgency.
This bill amends the Civic Center Act to generally provide that schools may charge cities,
for use of school facilities, the direct cost incurred by the school in making those
facilities available.
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XII. PUBLIC RETIREMENT SYSTEMS
The most important event occurring during the 1984 Legislative Session in terms of public
retirement issues had no direct impact on local government, but sets a precedent for
major change in the retirement benefits offered for local agencies in the State Public
Employees Retirement System. The event which occurred was an agreement between the
state and representatives of its major non-public safety, collective bargaining units on a
"two-tier" retirement formula. The formula would provide a lower benefit for new state
employees and also permits existing employees to opt for the new formula. Under current
law, the only formula available for miscellaneous employees is a 2% at age 60 formula.
The new option agreed to is a 1.25% at age 63 formula. In addition, the current
miscellaneous employee benefit formula offers a 2% compounded cost -of -living adjust-
ment (COLA) while the new formula offers a 3% compounded COLA. The new plan also
requires no contribution on the part of state employees.
One of the major stumbling blocks to obtaining lower -tier options for local governments in
PERS has been the reluctance of the state and state employee organizations to embrace
the two-tier concept. With the passage of this new option for state employees, it should
be considerably easier to address this two-tier option for local PERS agencies. A
subcommittee of the League Employee Relations Committee is examining this two-tier
retirement question and will make suggestions for legislation next year to include several
new optional formulas for miscellaneous employees as well as single benefit options which
can be attached to the basic formula.
In addition to the two-tier issue, the following bills were passed and signed by the
Governor in the 1984 Session.
1. PERS Retirement Allowances: Limited Adjustments.
SB 1762 (Deddeh), Chapter 671, 1984 Statutes. Urgency.
The Public Employees Retirement Law requires annual cost -of -living adjustments for
PERS members. A 10% adjustment was enacted for the period from October 1, 1982,
through September 30, 1984. This was a continuation of a previous benefit given to PERS
retirees. Also, subsequent to the enactment of the 10% adjustment, a bill was signed to
provide payments beginning on January 1, 1984, from a newly created account called the
Investment Dividend Disbursement Account (IDDA). The IDDA was created for the
purposes of increasing retiree purchasing power for those who have suffered from high
inflation since retirement. The money used to fund the IDDA adjustment comes from
interest earned on employee contributions to the system. SB 1762 requires the transfer
from the Investment Dividend Disbursement Account to the PERS Board, any funds not
immediately needed, to provide an adjustment to a limited group of PERS retirees who
will experience a drop in benefits during the transition from the 10% COLA adjustment to
the IDDA adjustment.
2. Public Employees.
SB 1945 (Foran), Chapter 469, 1984 Statutes. Urgency.
Among the provisions of this bill, is a section relating to the State Public Employees -
Retirement System. Under current law, authority for exclusive control over the
investment of the system's funds is given to the Board of Administration of PERS. The
authority prescribes fiduciary standards and imposes various limitations and conditions
upon the exercise of the investment powers. This bill provides that except for the current
restrictions in the Constitution or statutes, the Board of Administration of PERS may, at
its discretion, invest its assets in the purchase, holding, or sale of any investment,
financial instrument, or financial transaction when it is prudent in the informed opinion of
the Board to take such action.
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3. Public Employees Retirement System: Death and Survivor Benefits.
*SB 1864 (McCorquodale), Chapter 333, 1984 Statutes. Urgency.
The current Public Employees Retirement Law provides to certain members special death
benefits for survivors. This bill authorizes the surviving spouse or the guardian of a minor
child or children to elect to receive the basic death benefit in PERS in lieu of a special
death benefit as currently authorized in law. In addition, current law authorizes surviving
spouses of state members who have attained age 50 and who are eligible to receive either
the lump -sum death benefit or a special death benefit to elect to receive instead an
amount that the member would have received if the member had been retired from
service on the date of death and had elected what is termed "optional settlement 2." This
bill makes a number of additional changes to the survivor benefit options under PERS.
4. Public Retirement System Bills-- Specified Analyses: PERS and STRS.
AB 2874 (Papan), Chapter 1502, 1984 Statutes.
This bill requires the Boards of Administration of both PERS and STRS to provide the
Legislature with a specified analysis of the asset and liability implications of each bill
affecting the investment strategy, the funding, or the benefit structure of each respective
system. The bill also states that the fiscal committees of the Legislature are prohibited
from hearing any such bill until they have received the required analysis.
5. Public Retirement Systems.
AB 1381 (Elder), Chapter 110, 1984 Statutes. Urgency.
This bill makes a number -of changes to the State Public Employees Retirement Law.
Current law requires annual adjustments in retirement allowances based upon increases in
the cost -of -living. The standard used to measure the appropriate adjustment has been the
Consumer Price Index for All Urban Consumers in the Los Angeles, Long Beach, Anaheim
area and the San Francisco, Oakland area as published by the United States Bureau of
Labor Statistics. This bill provides that the basis for determining changes in cost -of -living
shall be the United States City Average Consumer Price Index for All Urban Consumers.
6. Public Employees Retirement System: Local Safety Members -- Emergency Medical
Technicians.
AB 3026 (Nolan), Chapter 1283, 1984 Statutes.
This bill authorizes any local contracting agency to include within the local safety
category of membership, employees whose principal duties consist of rendering pre-
hospital emergency medical care to ill or injured persons and who are employees
designated as Emergency Medical Technician -I, Emergency Medical Technician -II, or
Emergency Medical Technician -Paramedic. The provision is optional to a contracting
agency of PERS.
7. Public Retirement Systems: Service Credit Layoff Periods.
*AB 3091 (Elder), Chapter 1293, 1984 Statutes.
Under existing Public Employees Retirement Law, there is provision for service credits
under other local public retirement systems. This bill provides "public service" credit
under the Public Employees Retirement System to laid -off, local members who are full-
time employees and return to full-time work within 12 months of the date of lay-off for
any time on or after January 1, 1984. This option is only open for 12 months after the
January 1, 1984, date. This service credit is available to contract agencies which elect to -
include this benefit within their plan.
8. Public Retirement: PERS Acquisition of Seat on New York Stock Exchange -- Study.
AB 3200 (Stirling), Chapter 406, 1984 Statutes. Urgency.
This bill requires the Board of Administration of PERS to conduct a study of whether the
system should acquire a seat on the New York Stock Exchange and to report its findings
and recommendations to the Legislature on or before January 1, 1985.
9. Public Employees Retirement System: Benefits.
AB 3464 (Molina), Chapter 1203, 1984 Statutes.
The Public Employees Retirement Law provides for continuation of retirement allowances
to survivors of retired members and provides that such allowances cease upon a spouse's
remarriage. This bill provides that survivor continuance allowances payable to surviving
spouses upon death after retirement of the member, shall not cease upon any remarriage
after January 1, 1985. The provision is not applicable to employees of contracting
agencies unless the employer elects the option. The issue is not subject to collective
bargaining.
10. Public Employees Retirement System: 1959 Survivor Allowances.
*AB 3499 (Stirling), Chapter 1579, 1984 Statutes.
This bill increases the amount of the 1959 Survivor Options in the Public Employees
Retirement Law. The benefit increases available in the bill are optional to employers in
PERS contracting agencies. The bill also requires single -account pooling for the state,
school employers, and contracting agencies and requires the employer contribution rate to
be figured using the term insurance evaluation method.
XIII. PUBLIC SAFETY, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
1. Fireworks Regulation.
SB 2333 (Roberti), Chapter 202, 1984 Statutes. Urgency.
Under current law, cities and counties have the authority to regulate the use of fireworks
but not the sale of fireworks. This bill permits cities and counties to prohibit or regulate
the sale, as well as the use, of safe and sane fireworks.
2. Fireworks Regulation. Special Districts.
SB 2334 (Ellis), Chapter 262, 1984 Statutes. Urgency.
There is no provision in current law expressly permitting special districts to prohibit or
regulate the use or sale of fireworks within their jurisdiction. This bill permits a special
district that provides fire protection to adopt an ordinance or regulation to prohibit or
regulate the sale, use or discharge of fireworks within the district. However, if the
county or city in which any area of the special district is located has adopted an ordinance
or regulation to prohibit or regulate the sale, use or discharge of fireworks within that
county or city, the ordinance or regulation adopted by the county or city will prevail over
the ordinance or regulation adopted by the special district.
3. Fire Protection. State Fire Marshal.
*SB 1933 (Campbell), Chapter 1092, 1984 Statutes.
This bill requires that one-half of all fines and forfeitures which result from citations
issued by the State Fire Marshal be paid to the state, and the other half to the county in
which the offense was committed. Such revenues shall be deposited in the California Fire
Service Training and Education System Fund to support fire training.
4. Smoke Detectors.
*AB 2285 (Killea), Chapter 1228, 1984 Statutes.
This measure requires that every single-family dwelling, used manufactured home, used
mobilehome, and used commercial coach sold on or after January 1, 1986 have an operable
smoke detector. This bill will not invalidate local ordinances relating to smoke detectors
if they satisfy the minimum requirements of the bill. The bill also requires that every
deposit for receipt or addenda attached thereto in a real estate transaction involving the
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sale of a single-family dwelling shall contain a notice concerning the smoke detector
requirement imposed by this bill. Unless prohibited by local rules, regulations or
ordinances, a battery-operated smoke detector shall be deemed to satisfy the require-
ments of this section.
5. Smoke Detectors. Fire Protection.
*SB 1448 (Petris), Chapter 1390, 1984 Statutes.
This bill would, except as provided by certain local rules, regulations or ordinances,
require dwelling units intended for human occupancy to contain a State Fire Marshal -
approved smoke detector in each dwelling unit within the earliest applicable time period,
as follows: (1) upon the owner's application for a permit for alterations or repairs
exceeding $1,000; (2) for all other dwelling units intended for human occupancy on or after
January 1, 1987. The bill would authorize the State Fire Marshal to exempt certain
dwelling units intended for human occupancy which have sprinkler systems from these
requirements. The bill would require all used manufactured homes, used mobilehomes, and
used commercial coaches to have an operable smoke detector on the date of transfer of
title. Specified high-rise structures and exempt from the bill's provisions.
6. Fire Protection. Access to Roof Areas.
*SB 1332 (Beverly), Chapter 632, 1984 Statutes.
This measure authorizes the State Fire Marshal to adopt regulations specifying the access
to roof areas of commercial establishments which firefighters shall have, and authorizes
the State Fire Marshal to limit or restrict the use of razor wire fences, chain link fences
and any other fences which would obstruct that access. The bill provides that a
commercial establishment is not a facility of a public utility.
7. Fire Suppression. Recovery of Costs.
AB 3177 (Kelley). Chapter 1445, 1984 Statutes.
This bill makes a person who negligently or in violation of law sets a fire, allows a fire to
be set, or allows a fire kindled or attended by that person to escape onto any public or
private property, liable for the cost of investigating and making any reports with respect
to the fire, and for the administrative costs incurred in recovering these costs from the
person. It also permits a court to impose the amount of liability for the charges described
above. Finally, the bill specifies that the burden of proof as to liability and the amount of
liability shall be on the plaintiff.
8. Fire Protection Districts. Organization of Board of Directors.
AB 3048 (Hannigan), Chapter 151, 1984 Statutes.
This bill provides that if a city council requests that the city be included within the
boundaries of a fire district, the board of directors of the fire district may be
reconstituted following agreement of the city council and the district board of directors.
The bill provides for a reorganized board of directors which may be constituted in a
specified manner.
9.- Arson. California Fire and Arson Training Fund.
* AB 2818 (Johnston), Chapter 1574, 1984 Statutes.
This bill authorizes a sentencing court to impose the requirement to register with local
law enforcement agencies on certain persons convicted of arson or attempted arson which, `
however, would apply only for a five-year period as to first offenders. The bill would
make it a misdemeanor to fail to register. The court shall not require the person to
register unless it finds that the person in committing the offense exhibited compulsive
behavior and unless it states on the record the reasons for its findings.
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10. Emergency Medical Services.
*SB 1124 (Watson), Chapter 1391, 1984 Statutes.
This bill requires local emergency medical service agencies to follow guidelines
established by the Emergency Medical Service Authority in proceedings for probation,
suspension, revocation or renewal of a certificate. It permits a medical director of the
local EMS agency to place a certificate holder on probation or suspend or revoke any
certificate issued under the EMS program. The bill gives certain responsibilities regarding
emergency medical services currently performed by the counties to local EMS agencies
and certain responsibilities to county health officers or physicians to the medical directors
of local EMS agencies. The bill requires all policemen, sheriffs, deputy sheriffs, and
members of the California State Police and Highway Patrol, who are not primarily
assigned to clerical or administrative duties, to meet training standards prescribed by the
Emergency Medical Services Authority for the administration of first aid and cardio-
pulmonary resuscitation, and would require periodic refresher training in these skills as
prescribed by the Authority. In addition, SB 1124 makes numerous other technical changes
in the law relating to the Emergency Medical Services Authority.
11. Emergency Medical Services. Regional Trauma Systems.
*AB 1235 (Frazee), Chapter 1735, 1984 Statutes. Urgency.
This bill requires the Emergency Medical Services Authority to receive plans for the
implementation of emergency medical services and trauma care systems from local
emergency medical services agencies. After the applicable guidelines are established by
the Authority, it authorizes a local EMS agency to implement a local plan unless the state
authority determines that the plan does not effectively meet the needs of persons served
and is not consistent with coordinating activities in the geographical area served, or that
the plan is not concordant and consistent with applicable guidelines or regulations. By
causing local EMS agencies which are already established to alter their reports, this bill
would constitute a state -mandated local program.
12. Emergency Medical Services. Antitrust Liability.
AB 3153 (Bronzan), Chapter 1349, 1984 Statutes.
This bill states the intent of the Legislature with respect to the degree of state direction
and supervision over emergency medical services. It permits a local EMS agency to create
one or more exclusive operating areas as defined in the development of a local plan. If a
local EMS agency elects to create one or more exclusive operating areas, it is required to
submit specified material to the Authority for approval. The bill is aimed at eliminating
confusion and concern resulting from the U.S. Supreme Court's holding in Community
Communications Co. v. City of Boulder, regarding local government liability under federal
antitrust laws.
XIV. PUBLIC WORKS
The following public works legislation was passed in the 1984 legislative session:
1. Public Contracts.
AB 1837 (Harris), Chapter 42, 1984 Statutes.
This bill adds certain statements of legislative declarations and findings regarding the
purpose of the Public Contracts Code. In addition, the bill provides that a contractor or
subcontractor shall not be precluded from recovery of damages by provisions in a contract
which limit the contractee's liability to an extension of time for delay for which the
contractee is responsible and which delay is unreasonable under the circumstances.
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2. Public Contracts.
AB 2768 (Cortese), Chapter 758, 1984 Statutes.
This bill requires that where state and local plans and specifications are developed for a
public project, in order for that project to be put out for formal bid, and subsequently the
public agency elects to perform the work by day's labor, the public entity shall perform
the work in strict accordance with the same plans and specifications. The bill provides,
however, that any revision of plans and specifications may be made once a justification
detailing the specific reason for the change has been approved by the director of the
department awarding the contract. The bill makes a number of changes to the Uniform
Construction Cost Accounting Law, enacted last year under AB 1666, Chapter 1054,
Statutes of 1983. AB 2768 changes the bid thresholds enacted last year, now providing
that a public agency which elects to be subject to the provisions of the law, may let by
informal procedures any public project less than $50,000; and, that any public project over
$50,000 shall be let by formal bidding procedure.
3. Engineering.
SB 2127 (Leroy Greene), Chapter 1356,-1984 Statutes.
This bill specifies that the registration requirements for engineering in California shall
include any person employed by the state, any city, county or city and county who
practices engineering. The bill further states that it is the intent of the Legislature that
the same registration requirements that apply to private sector engineers shall apply to
the state and any city, county or city and county; and, that at least one registered
engineer shall be designated as the person in responsible charge of engineering for each
branch of engineering practiced in any department of the state, city, county or city and
county. Any department of the state or any city, county or city and county which has any
unregistered person in responsible charge of engineering work on the effective date of this
section is exempt from the requirements of the bill until the person currently in
responsible charge is replaced.
4. Public Contracts.
AB 3800 (Cortese), Chapter 885, 1984 Statutes.
This law repeals existing law, now in the Government Code, relating to payments and
progress payments on public works project contracts and adds identical provisions to the
Local Agency Public Construction Act in the Public Contracts Code.
5. Public Contracts.
AB 3953 (Mountjoy), Chapter 993, 1984 Statutes.
This bill amends the Public Contracts Code to provide that if a public agency rejects all
bids, after the first invitation for bids, the local public agency must state the reason for
rejection. The statement of reason for the rejection of all bids shall not constitute a new
cause of action separate and apart from any existing remedies which may be available to
the bidders.
XV. TRANSPORTATION
The following bills in the transportation area were enacted in the 1984 legislative session.
1. Grade Separation Projects.
AB 85 (Young), Chapter 1354, 1984 Statutes.
This bill authorizes a local agency to construct a grade separation project on the list for
funding in the State Transportation Improvement Program rior to the time that it
qualifies for state funding. If the constructed project subsequently reaches a high enough
priority for funding, the California Transportation Commission shall allocate funds back to
the local agency for the project, under specified conditions.
2. Airports: Aeronautics Funds.
AB 3655 (Clute), Chapter 992, 1984 Statutes.
This bill permits the Department of Transportation to advance funds in an amount not to
exceed $25,000 for payments to public entities operating airports. The advance can be
made only when it will materially assist the public entity in qualifying for federal airport
grants or loans and, when the Department determines that sufficient funds will remain in
the account to make all other required payments and credits from the account. The bill
also requires the Department to withhold the annual $5,000 grant under the State
Aeronautics Act until the amount of the advance is recovered.
3. Non -Motorized Transportation.
AB 3933 (Bates), Chapter 1294, 1984 Statutes.
This bill requires the action element of a regional transportation plan to include a program
for developing intra -city and inter -city bicycle programs. The bill also requires a regional
transportation improvement program to include bicycle projects among the new facilities
included in the program. The bill requires the Department of Transportation to submit,
prior to December 31 of each year, an annual report to the Legislature summarizing
programs for the development of non -motorized transportation facilities.
4. Aircraft: Ultralight Vehicles.
AB 1342 (N. Waters), Chapter 12, 1984 Statutes. Urgency.
This bill exempts ultralight vehicles, as defined in federal regulations, and ultralight
vehicle flight parks from the requirement of the State Aeronautics Act, that no person or
political subdivision may construct, expand or enlarge any airport without a permit from
the Department of Transportation and without compliance with certain notice and hearing
requirements.
5. Airports: Hangar Leases and Aeronautics Account Funds -- Eligibility.
AB 2640 (Mountjoy), Chapter 791, 1984 Statutes.
This bill specifically authorizes a local agency which rents or leases hangar space to
regulate the conduct of aircraft maintenance or repair for completion, but not to prohibit
the renter or lessee from performing maintenance or repair on aircraft owned or
controlled by the renter or lessee. In addition, the bill permits the allocation of funds
from the Aeronautics Account of the State Transportation Fund to a public entity which
has provided by contract for the operation and management of its airport. Under current
law, these allocations are prohibited to a public entity which has leased its airport.
6. Highways: Exclusive or Preferential Lanes.
AB 3568 (Frizzelle), Chapter 826, 1984 Statutes. Urgency.
Existing law requires the Department of Transportation and local authorities to place and
maintain signs and other traffic control devices to designate authorized exclusive or
preferential lanes and to advise motorists of the hours of high occupancy vehicle usage
and the applicable vehicle occupancy levels. This bill deletes the requirement that the
Department and local authorities place .and maintain signs and other traffic control
devices to advise motorists of the hours of high occupancy vehicle usage where ramp
metering and bypass lanes are regulated with the activation of traffic signals.
7. State Highways: Exclusive or Preferential Highway Lanes.
SB 37 (Lockyer), Chapter 25, 1984 Statutes.
Under current law, the Department of Transportation is given certain authority to
designate exclusive or preferential use of highway lanes for high occupancy vehicles. The
current provision requires the Department until July 1, 1984, to obtain approval of the
regional transportation planning agency or the local transportation commission prior to
establishing the exclusive or preferential use of highway lanes. This bill deletes the
July 1, 1984, repeal date, requiring local approval and instead requires approval by a
transportation planning agency or a county transportation commission.
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8. State Highways: Noise Attentuation Barriers.
AB 43 (Mountjoy), Chapter 1242, 1984 Statutes.
The Department of Transportation is required under existing law to develop and
implement a priority system for ranking the need of noise attentuation barriers along
freeways in the California freeway and expressway system. This bill includes as one of
the criteria in determining priorities whether a majority of the occupants in close
proximity to the freeway resided there prior to the adoption of the freeway routing by the
California Transportation Commission.
9. Transportation Planning: Highway Parking and Transit Facilities.
SB 283 (Foran), Chapter 95, 1984 Statutes.
This bill makes a number of changes to the California Transportation Commission process
in developing the State Transportation Improvement Program. Of interest to local
governments, is an existing provision in law prohibiting the Department from accepting
applications for funds from the Transportation Planning and Development Account for
transit capital projects unless the public entity submitting the application states that it
will contribute funds to finance the project in an amount at least equal to 10% of the
amount requested in the application. This bill authorizes the Commission to increase the
10% requirement to a higher percentage to maximize effectiveness of funds, but would
prohibit the Commission from specifying the revenue sources to be used by the applicant
in meeting the requirement.
10. Ride Sharing.
SB 1940 (Bill Greene), Chapter 1563, 1984 Statutes.
This bill makes a number of changes to the tax laws of California in regard to tax credits
and the repeal of certain tax credits for ride sharing operations. While the legislation has
no direct effect on city government revenues, it will have an effect on employers in your
community wishing to provide ride sharing services for employees.
11. Transportation Funding.
AB 690 (Isenberg), -Chapter 117, 1984 Statutes.
Current law requires the Department of Transportation to advance funds to a
metropolitan transit development board for guideway projects under certain conditions.
AB 690 makes this provision and others relating to a metropolitan transit development
board applicable to any public entity which meets certain standards. The bill also requires
the Department to submit a report to the Legislature if the Department encounters any
substantial problems in carrying out the funding advance program.
12. Transportation: Transportation Planning and Development Account.
AB 2359 (Clute), Chapter 707, 1984 Statutes. Urgency.
This bill permits a transportation planning agency, a county transportation commission, or
the San Diego Metropolitan Transit Development Board to make a transfer of the funds
allocated for public transportation purposes from the Transportation Planning and
Development Account to another agency, commission or board, subject to certain
requirements, but can only transfer the funds once between the same parties. Certain
exceptions to this provision are made for the Los Angeles County Transportation
Commission.
13. Transportation: Local Transportation Funds.
AB 3636 (Hannigan), Chapter 654, 1984 Statutes. Urgency.
The bill makes a number of changes to the laws affecting transit operations. Of specific
interest to local governments is a change in the farebox ratio requirements in certain
areas. Under the current law, transit operators are required to meet certain farebox
ratios in order to receive local transportation funds from the state. This bill requires,
until July 1, 1987, in counties with less than 500,000 population, that an operator which
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operates only within those counties maintain a farebox ratio of one to five in an urban
area and one to ten in a non -urbanized area; or, its otherwise required ratio minus one to
twenty (under specified conditions), to be eligible to receive local transportation funds.
Also under current law, a provision remains in law until July 1, 1985, that if an operator
serve's an area designated as an urbanized area in the 1980 federal census, the
Transportation Planning Agency may grant the operator time after July 1, 1985, to meet
required farebox ratios for operators serving urbanized areas. This bill extends the
deadline for these operators to meet the farebox ratio until July 1, 1987.
14. Transportation: Transit Farebox Ratio Requirements.
AB 4026 (Condit), Chapter 1100, 1984 Statutes. Urgency.
This bill requires the Department of Transportation to
revenue requirements now in law for transit operators
Legislature not later than August 31, 1985.
15. Fuel Taxes: Exemption.
AB 281 (Peace), Chapter 1663, 1984 Statutes.
prepare a report on the farebox
and to submit the report to the
Under the State Use Fuel Tax Law, the tax is imposed on diesel fuel at a rate of 9� per
gallon. However, under the Mills -Hayes Act, a lower rate of tax of 1� per gallon is
imposed on diesel fuel used by specified public and private transit entities. This bill taxes
under the Mills -Hayes Act, school districts, community college districts, and county
superintendents of schools when providing transportation services for pupils and also
private entities under contract with school entities to provide the same services. The cost
of this exemption for schools was to be taken from the Highway Users Tax Account, but
language was included in the bill to reimburse the Account with $435,000 from the
General Fund. The Governor, however, deleted the $435,000 General Fund transfer and
signed the bill. This means that the Highway Account, which includes allocations to local
governments, will be $435,000 less than it was prior to the enactment of AB 281. In short,
school districts robbed a portion of our fuel tax dollars.
16. Passenger Stage Corporations: Operation in Territory Served by Public Transit Operators.
AB 2410 (Young), Chapter 1345, 1984 Statutes.
No person or corporation is now permitted to operate a passenger stage line without a
certificate of public convenience and necessity issued by the Public Utilities Commission.
The Commission may issue a certificate to operate in a territory being served by a
passenger stage corporation only when the certificated corporation will not provide the
proposed service to the Commission's satisfaction. This bill requires an applicant for a
passenger stage certificate to send a copy of the application to each public transit
operator in any portion of the territory the applicant proposes to serve. The bill requires
the Commission before issuing the certificate to consider the effect of the applicant's
proposed operations on the services furnished by any public transit operator.
17. Highways: Use in Financing.
ACR 109 (Moore), Resolution Chapter 50, 1984 Statutes.
This measure requests the Department of Transportation under the direction of the
Business, Transportation and Housing Agency, to conduct a highway cost allocation study.
The Agency must submit a preliminary report to the Legislature by January 1, 1985, and a
final report by April 1, 1985. The cost allocation study must include an examination of
the cost responsibility of autos, buses, and the various classes of trucks on the state
highways as well as the potential financing alternatives which could meet the cost
responsibilities.
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XVI. VEHICLES
The following bills affecting the Vehicle Code statutes were enacted in the 1984 Legislative
Session:
1. Vehicles: Cruising.
SB 2072 (Torres), Chapter 1426, 1984 Statutes.
Present law authorizes local jurisdictions to regulate "cruising," as defined, subject to
certain requirements in state law. Under that law, a "cruising" ordinance or resolution is
required to specify the maximum number of times that the vehicle may drive past a
"control point" within a designated period of time before being subject to a written
warning that is required prior to arrest for a cruising violation. This bill instead requires
that "cruising" be defined as repetitive driving of a motor vehicle past a control point in
traffic which is congested at or near the traffic control point as determined by the
ranking peace officer on duty within the affected area. Cruising is determined to take
place within a specified time period after the vehicle operator has been given an adequate
notice that further driving past the control point will be a violation of the ordinance or
resolution. Also, the bill requires that the portion of the street subject to cruising.
controls must be clearly identified by signs that briefly and clearly state the appropriate
provisions of the subdivision and local ordinance or resolution regulating cruising.
0Parking Violations: Lien Sale.
SB 1330 (Beverly), Chapter 138, 1984 Statutes.
Current law permits cities and counties to impound vehicles that have been issued a
certain number of parking violations over a period of five or more days. After the vehicle
has been impounded for a length of time, it may be sold to recover towing and storage
charges. However, there is no authorization in such a lien sale to apply the proceeds of
the sale to paying the outstanding bail for the parking violations. This bill enacts such an
authorization and establishes a possessory lien for bail, as specified.
Vehicles: Permit to Park in Front of Driveways.
AB 3992 (Dennis Brown), Chapter 219, 1984 Statutes. Urgency.
Current law authorizes counties and cities to issue annual permits to owners and lessees of
property to park in front of their private driveways. This bill deletes provisions requiring
annual permits and, instead, makes the permits valid for as long as the holder owns or
leases the property for which the permit is issued. The bill specifies that these permits
may not authorize parking on a sidewalk. The bill also authorizes the revocation of a
permit without notice or hearing if the local authority determines that parking authorized
by the permit creates traffic safety or other public safety and health problems.
4. Vehicles: Vending.
*AB 2249 (Moore), Chapter 362, 1984 Statutes.
This bill requires any driver vending on streets from a commercial vehicle to be lawfully
parked while vending products on a street in a residential district. This bill expressly
authorizes counties and cities to adopt additional requirements for the public safety,
regulating street vending from vehicles, including a prohibition against street vending
from vehicles. `
5. Handicapped Parking: Enforcement.
AB 2537 (Felando), Chapter 1095, 1984 Statutes.
This bill authorizes every county and city to establish a special enforcement unit solely to
enforce the laws on disabled persons parking spaces. The bill authorizes cities and
counties to adopt employment guidelines to encourage and enable qualified, disabled
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persons in these units. The bill specifies certain items of costs and compensation for
members of the unit. The bill permits these persons to issue parking citations, but not
make arrests. The bill requires motorized wheelchairs used by this unit to be equipped
with a headlamp and stoplamp.
6. ehicular Parking: Sidewalk Access for Wheelchairs.
* AB 2228 (Felando), Chapter 852, 1984 Statutes.
Existing law includes a number of general prohibitions against a person stopping, parking,
or leaving standing any vehicle in specified places. This bill includes among these places
the area in front of that portion of a curb which has been cut down, lowered, or
constructed to provide wheelchair accessibility to the sidewalk and which is designated by
a sign or red paint on the curb pursuant to a city or county ordinance.
7. Freeways: Vending Within 500 Feet.
* SB 1577 (Montoya), Chapter 487, 1984 Statutes.
This bill prohibits any person from soliciting, displaying, selling, or offering to sell, or
vending, or attempting to vend any merchandise or service on any roadway or shoulder
within 500 feet of a freeway off -ramp or on-ramp.
8. Oversized Vehicles: Manufactured Homes.
SB 2140 (Leroy Greene), Chapter 1312, 1984 Statutes.
The Department of Transportation as well as cities and counties are now authorized to
issue special permits for movement on highways of certain vehicles and vehicle
combinations which may not otherwise be lawfully moved. This bill authorizes the
Department of Transportation and cities and counties to issue these special permits for
vehicles and vehicle combinations transporting more than one unit of manufactured homes
if specified conditions are met.
9. Vehicles: Height.
AB 1498 (Killea), Chapter 849, 1984 Statutes.
Existing law limits the height of vehicles on a highway to 13 feet 6 inches, and the load
height to 14 feet, except that a double -deck bus may be 14 feet 3 inches. This bill makes
a 14 foot height restriction applicable to vehicles or loads upon a highway with the
existing exception for double -deck buses. However, the bill prohibits any vehicle height
over 13 feet 6 inches, except where determined safe by the owner of the vehicle or the
entity operating the bus.
10. Vehicles: Height and Load Length Restrictions.
AB 3406 (McClintock), Chapter 1287, 1984 Statutes. Urgency.
This bill makes the same changes in the height restriction as AB 1498 listed previously. In
addition, the bill changes the current load length restrictions. Existing law permits an
exemption for vehicle and load length restriction for poles, timbers, pipes, integral
structural materials, or single -unit component parts, not exceeding 80 feet. This bill
narrows the exemption. The bill was amended late in the session to also provide a change
in the length of trailers and semitrailers used in simultaneous combination with a truck
tractor. Current law limits these trailers to 28 feet except for those trailers in lawful
operation on December 1, 1982, which may be up to 28 feet 6 inches in length. This bill
deletes the 28 foot limitation and substitutes a maximum length of 28 feet 6 inches for all
trailers and semitrailers used in simultaneous combination with a truck tractor.
-48-
11. Vehicles: Size, Weight, and Combinations.
SSB 1389 (Foran), Chapter 542, 1984 Statutes.
This bill makes a number of minor cleanup changes to the vehicle size, weight, and
combination laws. Of general interest to cities, is the repeal of the current restriction in
law which prohibits specified vehicle combinations, that include a semitrailer, from
exceeding 60 feet in length. The repeal of that law thereby allows local governments to
regulate only those vehicle combinations up to 65 feet in length. The bill also changes the
definition of "terminal" for the purposes of providing access routes for the larger
commercial vehicles authorized under the Surface Transportation Assistance Act of 1982.
The provision defines terminal as a "facility at which freight is consolidated to be shipped
or where full -load consignments may be offloaded or at which the vehicle combinations
are regularly maintained, stored, or manufactured." In addition, the current schedule of
fines for weight violations requires the court to exercise discretion in imposing fines for a
weight violation of less than 1,000 pounds if the vehicle load is entirely unprocessed bulk,
agricultural or forest products being transported from the field to the first point of
processing or handling. This bill requires the court to do likewise if the vehicle load is
livestock.
12. Community Services Districts: Traffic Controls.
SB 195 (Stiern), Chapter 598, 1984 Statutes.
Present law precludes certain local traffic ordinances and resolutions from applying to any
highway which is not under the exclusive jurisdiction of the city or county adopting the
ordinance or resolution. This bill specifies that those provisions do not preclude the
application of a local traffic ordinance or resolution to streets maintained by a community
services district.
13. Agricultural Vehicles.
* AB 4027 (Costa), Chapter 270, 1984 Statutes. Urgency.
Existing law exempts motor trucks used exclusively as cotton module movers from an
applicable 40 foot vehicle length limitation and authorizes these vehicles to be not more
than 48 feet in length. This bill exempts specified towed vehicles used as cotton module
movers from the vehicle length limitation; but vehicle combinations that include such
towed vehicles, would remain subject to the applicable overall length limitations. The bill
also permits cotton module movers up to 130 inches in width, including load, and of
unlimited axle weight, to use county highways in specified counties and to cross state
highways without a special permit from October 1 to January 31 annually. The affected
counties, however, could prohibit or limit these vehicles on county highways or portions
thereof.
14. Parking Violations: Statute of Limitations.
AB 2960 (Frazee), Chapter 897, 1984 Statutes.
Existing law imposes a one-year limitation on commencing criminal actions for
misdemeanors and infractions. This bill would start the limitation period for violations
relating to parking of vehicles after the court has forwarded a notice of noncompliance to
the Department of Motor Vehicles and until the notice is returned to the court.
15. Vehicles: Fire Lanes.
AB 2658 (O'Connell), Chapter 129, 1984 Statutes. Urgency.
Under current law, it is an infraction to stop, park, or leave standing any vehicle in a
place designated as a fire lane by the fire department or fire district with jurisdiction
over the area. Existing law specifies three alternative methods for marking fire lanes.
This bill makes technical, clarifying changes and finds these changes to be declaratory of
existing law.
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16. Highways: Roadway and Parking.
AB 286 (Moore), Chapter 181, 1984 Statutes.
This bill prohibits local authorities from placing gates or selective devices on streets to
deny •or restrict the access to some, but not all, of the public. The bill declares that this
provision is not intended to make a change in the existing law, but is intended to codify
the decision of the court in the City of Lafayette v. County of Contra Costa (91 C.A. 3d
749). The bill also specifies that vehicles which are 6 feet or more in height including the
load, within 100 feet of any intersection, as vehicles whose parking or standing may be
prohibited or restricted by local authorities.
17. Vehicle Code Citation Forms.
SAB 2571 (Maxine Waters), Chapter 915, 1984 Statutes.
Under current law, a peace officer who arrests a person for violations relating to
registration, license, or mechnical requirements of the vehicle code is authorized to
release the arrested person if the person signs a notice containing a promise to correct the
violation and delivers proof of correction to the issuing agency. The officer may also
release the person upon issuing a notice to appear which contains a notice that the charge
may be dismissed on proof of correction or a specified alternative notice. Beginning
July 1, 1985, this bill requires the officer to release the person if the person signs either a
notice to correct violation or notice to appear containing a promise to correct, unless the
officer finds that a number of conditions exist. The conditions include (a) any registration
infraction; (b) any drivers license infraction relating to possession of drivers license; (c)
any infraction relating to bicycle equipment; and (d) any infraction involving specified
equipment as outlined in the bill.
XVII. WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE, OSHA
The most significant bill in this subject area was SB 1509, a bill by Senator Bill Greene to
regulate public self-insured agencies. The bill was sponsored by the Federated Fire-
fighters who claimed that workers' compensation benefits were not being paid in a timely
fashion by local public agencies due to inadequate reserves in the self-insured operations.
While there was little if any documentation of the problem on the part of the Firefighters,
the Legislature passed the bill requiring that certain reserve levels be set in these
agencies. The bill was vetoed by the Governor in late September. This issue will
undoubtedly arise again in the future.
Another area of interest to local governments was the ACR 49 Joint Legislative Study
Committee on workers' compensation reform. Most policy issues in workers' compensation
were deferred to this committee which is scheduled to make a report to the Legislature in
December. The usual interest groups are participating in the hearings, each outlining the
current problems with the system and suggested solutions. It is likely that the ACR 49
study will be followed by a legislative proposal next session. The League will report
closely on any activity in this area of interest to local governments.
In addition to the activity outlined above, the following bills were enacted in the 1984
Session:
1. Unemployment Insurance: Educational Institutions -- School Crossing Guards.
AB 3899 (Naylor), Chapter 1099, 1984 Statutes.
In current law, most school district employees are unable to draw unemployment insurance
benefits during summer, Easter, and Christmas breaks in the school year. They are unable
to draw unemployment insurance benefits if there is a "reasonable assurance" they will
return to employment after the breaks. The one major exception to this reasonable
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r'
assurance test has been school crossing guards employed by cities. Because these
employees are city employees and not school employees, they have been able to draw
unemployment insurance benefits during these traditional breaks in the school year. AB
3899 permits the application of the reasonable assurance test to individuals who work for
a public agency or nonprofit corporation and "provide services to an educational
institution." This includes school crossing guards and can be used to eliminate the
payment of unemployment insurance benefits to these individuals during school breaks.
2. Unemployment Insurance: Good Cause -- Sexual Harassment.
AB 3883 (Molina), Chapter 1058, 1984 Statutes.
An individual can be disqualified for unemployment insurance if he or she left most recent
employment without good cause. This bill requires that an individual be deemed to have
left employment with good cause if he or she left because of "sexual harassment," as
defined in the bill. The individual is required, however, to take reasonable steps to
preserve the employment relationship unless the Director of the Employment Develop-
ment Department finds that such an attempt would have been futile.
3. Workers' Compensation: Penalties.
SB 1653 (Leroy Greene), Chapter 806, 1984 Statutes.
Under existing law, if a payment of workers' compensation has been unreasonably delayed
or refused, either prior to or subsequent to the issuance of an award, the full amount of
the ordered award shall be increased by 10 percent. This bill requires the Workers'
Compensation Appeals Board to also award reasonable attorney's fees incurred in
enforcing the payment of workers' compensation awards if payments are unreasonably
delayed or refused by a self-insured public employer subsequent to the issuance of an
award.
4. Unemployment Insurance: Training Benefits.
*SB 2164 (Bill Greene), Chapter 1211, 1984 Statutes.
This bill makes a number of changes to the unemployment insurance laws relating to
training benefits. Under existing law, benefits cannot be denied to an unemployed
individual for any week the individual is in training or retraining with the approval of the
director and it defines the term "individual" for these purposes. This bill expands the
definition of an "individual" to include anyone receiving federally funded employment
compensation benefits. The bill makes a number of additional changes to the
unemployment insurance laws relating to training programs and the receipt of benefits.
5. Layoffs: Good Cause.
AB 2540 (McAlister), Chapter 1084, 1984 Statutes.
An individual can be disqualified for unemployment compensation benefits if he or she left
most recent employment voluntarily without good cause. This bill specifies that an
individual shall be deemed to have left his or her most recent employment with good cause
if the person elects to be laid off in place of an employee with less seniority pursuant to a
provision in a collective bargaining agreement specifically permitting this to occur.
6. Workers' Compensation: Notice.
*SB 1510 (Bill Greene), Chapter 1141, 1984 Statutes.
Under current law, an employer is required to post in a conspicuous location a notice
stating the name of the workers' compensation insurance carrier or the fact that the
employer is self-insured and who is responsible for claims adjustment. This bill requires
this notice to include advice as to the employee's right to (1) receive medical care, (2)
select or change the treating physician, and (3) receive temporary or permanent disability
indemnity, vocational rehabilitation services, and death benefits. Failure to provide this
notice automatically permits the employee to be treated by his or her personal physician
with respect to an injury. The bill also requires an employer to provide an employee, upon
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request, with a form on which to indicate the name of his or her personal physician. Also
under current law, an employer is required to give every new employee, either at the time
the employee is hired or at the end of the first pay period, written notice of the
employee's right to receive workers' compensation benefits, should he or she be injured on
the job. This bill, in addition, requires this written notice to contain all of the above
information in regard to medical care and treating physicians in the written notice to the
new employee.
7. Workers' Compensation: Medical -Legal Expenses.
*AB 2196 (McAlister), Chapter 596, 1984 Statutes. Urgency.
This bill repeals a number of provisions in the Workers' Compensation Code regarding
reimbursement for expenses and instead, enacts new provisions providing for the
reimbursement of medical -legal expenses, as defined, which are reasonably, actually, and
necessarily incurred. The bill also specifies the method of reporting, billing, and paying of
medical -legal expenses and requires the administrative director of the Division of
Industrial Accidents to publish annually the range of industrial -medical legal fees charged
by independent medical examiners, agreed medical examiners, and physicians examining
for either the applicant or the defendant. The bill will have a direct effect on local
government costs in the workers' compensation system.
8. Workers' Compensation.
AB 1399 (Floyd), Chapter 114, 1984 Statutes.
This bill makes technical, nonsubstantive changes to the leave of absence provisions for
public safety officers (i.e., Section 4850 of the Labor Code) and also makes technical, non -
substantive changes to the presumptive statutes in the Labor Code.
9. Workers' Compensation Insurance: Self -Insurance.
AB 3648 (Young), Chapter 1521, 1984 Statutes.
This bill requires any person, other than a workers' compensation insurer, who contracts to
administer workers' compensation claims of self-insured employers as a third -party
administrator, to be in possession of a certificate of consent to administer self-insured
employers workers' compensation claims. The bill also requires that all persons given
discretion by the third -party administrator to deny, accept, or negotiate a workers'
compensation claim demonstrate their competency to the Department of Industrial
Relations by written examination or other approved method. The bill requires a separate
certificate of consent for each adjusting location operated by a third -party administrator
and provides that a third -party administrator holding a certificate of consent would be
subject to the Workers' Compensation Law only with respect to the adjustment,
administration, and management of workers' compensation claims for any self-insured
employer, and permits the director to revoke a certificate of consent or impose a fine of
not less than $50 nor more than $500 for "good cause," as defined.
10. Workers' Compensation.
SB 1044 (Lockyer), Chapter 909, 1984 Statutes.
This bill requires a licensed rating organization to make available any information
contained in a workers' compensation policy to the Department of Industrial Relations
and, upon approval of the Insurance Commissioner, to any other governmental agency,
pursuant to certain procedures and conditions. In addition, the bill makes an alteration to
existing law requiring the physician to submit a report to the employer within five working
days from the date of the initial examination of the employee. Current law requires the
submission of this report within five days of the initial examination.
-52-
11. Occupational Safety and Health: Special Orders.
SB 1376 (Johnson), Chapter 1138, 1984 Statutes.
Current law permits an employer to request a hearing on a special order or action ordered
by the Division of Occupational Safety and Health to show cause why the employer should
not comply with the order or action. Current law requires the division to conduct the
hearing at the earliest possible time with judicial review permissible by the Supreme
Court and the courts of appeal. This bill instead permits any employer served with a
special order, to appeal to the Occupational Safety and Health Appeals Board within
fifteen working days and requires the Appeals Board to conduct a hearing at the earliest
possible time. Provisions providing for judicial review by the Supreme Court and courts of
appeal are deleted; but under existing law, any person affected by an order or decision of
the Appeals Board, may apply to the Superior Court for a limited review by means of a
writ of mandate.
XVIII. _MISCELLANEOUS
Destruction of Duplicate Records.
SB 1403 (Rosenthal), Chapter 83, 1984 Statutes.
Existing law requires cities to keep video tapes and films for at least two years before
they are destroyed. This bill shortens that holding period to ninety days if the film or
video tape is a duplicate of minutes or audio tapes.
Acquisition of Telecommunications Equipment and Services.
SB 1436 (Johnson), Chapter 728, 1984 Statutes. Urgency.
This bill authorizes the Department of General Services of the State of California to enter
into agreements with cities to obtain for them telecommunications equipment and
services, and authorizes the Department of General Services to consider numerous
factors, in addition to price, in acquiring the telecommunications hardware and software.
�3 Sale of Surplus Property. Offer to Schools.
*SB 2158 (Seymour), Chapter 1303, 1984 Statutes.
Existing law currently requires state and local government agencies disposing of surplus
land to first offer them to various other governmental agencies. SB 2158 adds public
schools to the list of other government agencies to whom an offer must be given.
4. Miscellaneous. Validation Acts.
SB 1321 (Marks), Chapter 91, 1984 Statutes. Urgency. SB 1321 was the First Validating
Act of 1984 and it validated the organization, boundaries, acts, proceedings and bonds of
counties, cities and special districts, agencies and entities.
SB 1322 (Marks), Chapter 691, 1984 Statutes. Urgency. SB 1322 was the Second
Validating Act of 1984.
SB 1323 (Marks), Chapter 692, 1984 Statutes. SB 1323 was the Third Validating Act of
1984.
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Novmber 5, 1984
HONORABLE MAYOR and MEMBERS of the Regular Meeting of
RERMOSA BEACH CITY COUNCIL November 13, 1984
APPEAL OF PLANNING COMMISSION'S DENIAL OF
OF REZONING FROM C-3 TO R-3 FOR PROPERTY LOCATED
AT 736 4TH STREET
Recommendation
Staff is recommending approval of the attached Resolution
denying the zone change from C-3 to R-3 at 736 4th Street.
The Planning Commission denied the request for this zone
change indicating that it wants this property to retain its
C-3 zoning. Staff concurs with this decision.
Background
This project was reviewed by the Environmental Review
Committee on September 20, 1984, for the zone change request
and on October 11, 1984, for the CUP/Condominium
application. Both were given negative declarations
indicating that neither the zone change nor the condominium
project would have significant adverse impacts on the
environment. The Planning Commission, at their regular
meeting of October 16, 1984, denied the zone change request.
Analysis
This project is located in the Multi -Use Corridor and is
currently zoned C-3. The b*jogk no_t.h_erly'of the subject
site also i4ilyc zoned C-3. The remainder of the block
immediately h of the subject property is zoned R -3,i
a
C -Potential.
T
A single family dwelling presently occupies the site. The
applicant would like to replace the structure with a four
unit condominium development. Residential use are not
allowed in a C-3 zone and hence the single family home is
legal non-conforming. If the structure were demolished,
then the lot would have to be developed to C-3 standards,
unless this zone change is adopted.
The Environmental Review Board made the following findings:
1. This property is not a viable commercial one
unless it is made a part of a larger commercial
development along Pacific Coast Highway. This is
not a possibility at this time as there is no
single ownership of lots.
2. A commercial structure would create more adverse
impacts than a residential one due to the
additional traffic generated by a commercial
structure and the 45 foot height limit allowed in
a commercial zone.
While the Planning Commission felt that the project was
well-designed and would be compatible with the surrounding
development, they also expressed concern over the issue of
the depth of the commercial zone in the Multi -Use Corr idor.i)0 \6
In the past, the emphasis has been to try to increase the
depth of the commercial zone in an attempt to enhance the
viability of the Pacific Coast Highway strip. The Planning
Commission expressed the feeling that rezoning this property
to a residential designation would be in direct conflict
with the objectives for this area.
The problem presented by this project is one of current
viability as opposed to future plans. This lot is
underutilized at the present time and it is doubtful that it
is commercially viable under current conditions. The
developer has presented a plan that would effect a higher
utilization of this property. Staff, however, is
recommending denial of the zone change due to the clearly
stated objectives of the Planning Commission for this area.
The Commission feels that the long term goals should not be
abandoned for the short term gain.
If, however, the Council wishes to approve the zone change
from C-3 to R-3 the appropriate ordinance is attached.
CONCUR:
&W4
Gregory T. Meyer
City Manager
Kim Reardon -Crites
Planning Assistant
Ralph Cast en da
Interim Planning Director
RESOLUTION 84- r,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DENYING A ZONE CHANGE FROM C-3 TO R-3 FOR THE
PROPERTY LOCATED AT 736 4TH STREET.
1 WHEREAS, the City wants the Pacific Coast Highway strip to
2 retain its commercial character; and
3 WHEREAS, a zone change for this property conflicts with the
4 land use planning goals as set forth by the Planning Commission
5 through the public hearing process; and
6 WHEREAS, public hearings were conducted on October 16,
7 1984, and on November 13, 1984, to consider this zone change
8 request.
9 NOW, THEREFORE, the City Council of the City of Hermosa
10 Beach California, does resolve as follows:
11 SECTION 1. That the rezone request for Lot 29, Walter
12 Ransom Co's Venable Place, MB 9/150 otherwise known as 736 4th
13 Street from R-3 to C-3 be denied; that the zoning for this
14 property remain a C-3 designation.
15 PASSED, APPROVED, and ADOPTED this day of ,!
16 1984.
17
18 PRESIDENT of the City Council and MAYOR of the City of
19 Hermosa Beach, California.
i
20
21 ATTEST:
22 CITY CLERK
i
23 APPROVED AS TO FORM:
24 K,,4-, CITY ATTORNEY
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
CERTIFYING THE NEGATIVE DECLARATION FOR A ZONE CHANGE FROM C-3 TO R-3 FOR
PROPERTY LOCATED AT 736 4TH STREET.
WHEREAS, a preliminary.Environmental Review was performed by staff member;
on September 20, 1984; and
WHEREAS, it was found that the project would create no significant adverse
environmental impacts; and
WHEREAS, a residential use will create less.impact in terms of height
of buildings and traffic generation than a commercial use;
-NOW, THEREFORE, -the --City Council of the City of Hermosa Beach,,Californi'a
does resolve as follows:
SECTION 1. That a negative declaration for this project be adopted
indicating that no significant adverse environmental impacts will result from
the implementation of this zone change.
SECTION 2. That the Notice of Determination be -filed in a timely mann(
with the Los Angeles County Recorder following the adoption of this
resolution.
SECTION 3. That copies of the negative declaration and Notice of
Determination be available for public review.
PASSED, APPROVED, and ADOPTED this day of , 1984.
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach,
California.
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
CITY ATTORNEY
ORDIINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
APPROVING A ZONE CHANGE FROM C-3 TO R-3 FOR PROPERTY LOCATED AT 736
4TH STREET.
1 WHEREAS, the City Council considered the area surrounding the project
2 site, its traffic situation, its current use, and neighboring uses; and
3 WHEREAS, the City Council has determined that R-3 zoning is consistent
4 with the General Plan designation of Multi -Use; and
5 WHEREAS, the City Council has determined that high density residential
6 development is compatible with the surrounding environment; and
7 WHEREAS, a high density residential use provides a buffer between
8 commercial uses and adjoining residential properties; and
9 WHEREAS, public hearings were conducted on October 16, 1984, and November
10 13, 1984;
11 NOW, THEREFORE, the City Council of the City of Hermosa Beach, California,
12 does ordain as follows:
13 SECTION 1. That Lot 29 of Walter Ransom Co's Venable Place, MB 9/150,
14 otherwise known as 736 4th Street be rezoned from a C-3 classification to an'
15 R-3 classification.
16 SECTION 2. That the zoning maps and records be amended to reflect
17 this change.
18 SECTION 3. That this ordinance shall take effect thirty days after
19 the date of its adoption.
20 SECTION 4. That prior to the expiration of fifteen (15) days after the
21 date of its adoption, the City Clerk shall cause this ordinance to be
22 published at least once in the Easy Reader, a weekly newspaper of general
23 circulation.
24 PASSED, APPROVED, and ADOPTED this day of , 1984.
25
26 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach,
27 California.
28
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2584 Via Tejon
Palos Verdes Estates
California 90274
November 1, 1984
Mayor and City Council Members
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
Attention: City Clerk
Reference: 736 Fourth Street
Hermosa Beach
Parcel Map 16650
Rezoning C-3 to R-3
Gentlemen:
I own commercial property at 305-309 Pacific Coast Highway almost abtitting the
referenced property.
I was pleased to learn the Planning Commission prudently denied a request for
rezoning this C-3 property to R-3 because it felt it unwise to narrow the commercial
corridor.
I support their view as I feel an encroachment of condominium development in this
area, will condemn the adjacent commercial properties on Pacific Coast Highway to
permanent blight.
Conversely, if C-3 zoning is retained, parcels can be acquired gradually to develop
sound commercial properties to fit the city's needs.
Very *rederic
yours,
Berry
FCB:js
`} CITY OF H EPNAOSA BEACH
INTER -OFFICE MEMO
TO- All DepartmentsDATE• 10-10-84
SUBJECT- Staff Review Meeting FROM- Planning Department
There will be a Staff Review Committee meeting on Thursday,
October 11, 1984, at 10:00 A.M. in the Conference Room for the
purpose of reviewing the environmental information forms submitted
for the following projects:
Project #84-112 4 Unit Condominium, Conditional Use Permit,
Tentative Parcel Map #16650 located at
736 - 4th St.
Project #84-113 Conditional Use Permit for sale of wine and
beer at the Community Center Bar.
cc: Building Department
Business License Department.
Fire Department
Police Department
Public Works Department
Planning Department
J.M. NEGRETE & ASSOCIATES
Consulting Engineers
ZONE CHANGE STATEMENT
The applicant respectfully requests that a change in the designated land use
for his property is in the best interest of the neighborhood and the community
and is the best development use for this site. The proposed change in zoning
is consistant with the General Plan and with the Land Use Element because of
the existing development, the development currently under construction, and the
guidelines set forth under the City's General Plan.
BACKGROUND
The applicant's property is situated on land designated as C-3, and within the
Pacific Coast Highway Corridor. The applicant wishes to develop his property
residentially, which requires a zone change since residential development is
not permitted in a C-3 zone. This use is permitted by the Land Use Element of
the General Plan, because this site is also designated as a muti-use corridor.
The Pacific Coast Highway commercial strip is especially oriented to consumer
visibilty from this highly traveled street. Pacific Coast Highway is not only
a designated "arterial street" by the General Plan but also is under the
jurisdiction of CALTRANS, a state agency, and any development along this
highway requires input from this agency. The General Plan not only recognizes
this crucial visibilty element but emphasizes this factor throughout the
various sections of the General Plan. The General Plan also recognizes that
the area along Pacific Coast Highway, south of Pier Avenue, is developed.
Unfortunately, the Highway has been developed largely with small shops on small
lots built to the front of the property line and incapable of providing
adequate parking.
This fundamental deficiency is addressed in the General Plan in that the depth
of the designated commercial zoning is insufficient to promote viable
commercial development and the General Plan noted that the adjacent residential
property was designated as "C -Potential". This designation would allow the
depth of the commercial zone fronting Pacific Coast Highway to be increased for
the necessary revitalization of the commercial district fronting the Highway. k..
The General Plan also notes that Highway merchants have declared that parking
more than one block from their business is useless. The General Plan also
recognizes that the heavy traffic flow of Pacific Coast Highway dictates that
parking must be visible as well as easily and safely accessible for motorists
to pulloff and shop. Ideally this parking should be on the premises and
fronting on the Highway where it would be highly visible. The option of
parking in the rear is greatly limited and noted by the General Plan as not
attractive to encouraging a good size and stable business to be developed.
4231 181st St.
Torrance, CA 90504 (213) 370-2987
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NATURAL RESOURCES
(State Designated Form)
ENVIRONMENTAL INFORMATION FORM
(To be completed by applicant)
Type or Print Legibly
Date Filed
GENERAL INFORMATION I
I. Name and address of developer
CA 90 say
2. Address of project: '73(0 q4k -:=TM '
i-4e:RrAoie:.A, e,--Aca' cA
3. Name, address, and telephone number of person to be contacted concerning this
project:_ S �l�C� RETS 3'70- 298'7
4. Indicate number of the permit application for the project to which this form
pertains:
5. List and describe any other related permits and other public approvals required
for this project, including those required by city, regional, state and federal
agencies:
6.' Existing zoning district: C-
7. Proposed use of site (Project for which this form is filed):
�ES�O��t�''I�kl. — �UVTI-rAlvtiC-�
PROJECT DESCRIPTION
S. Site size: 4/0
9. Square footage 00
10. Number of floors of construction
11. Amount of off-street parking provided:_
12. Attach plans. t4ou E
-13. Proposed scheduling: tijp-r- P-,PP:'L—LCA�t_�
14. Associated projects: N -C. A� .
15. Anticipated incremental development: t-�. A, .
16. If residential,
include the
number of units,
schedule of
unit sizes,
and type of
household size
expected:
4 ut.4 e -r -t--,
NAA u
AF72JX
I (co t /VV T-
17. If commercial, indicate the type, whether neighborhood, city or regionally
orientated square footage of sales area, and loading
facilities._
18. If industrial, indicate type, estimated employment per shift, and loading
facilities:
19. If institutional, indicate the major function, estimated employment per shift,..
estimated occupancy, loading facilities, and community benefits to be derived
from the project: NL 14 -
20. If the project involves a variance, conditional use or rezoning application, state
this and indicate clearly why the application is required:_tom O�pC2 T�
8eF-4 CLCW -rum PRo Pg�2T`'j Fee��"T/ A L c -r-- N
MU -CT- CE 4 n 4 G(5 FM0� C-3 ra
Are the following items applicable to the project or its effects? Discuss below all
items checked yes (attach additional sheets as necessary).
YES NO
21. Change in existing features of any bays, tidelands, beaches, lakes or
hills or substantial alteration of ground contours.
22. Change in scenic views or vistas from existing residential areas
or public lands or roads..-
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23.
X
24.
25.
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26.
Change in pattern, scale or character of general area of project.
Significant amounts of solid waste or litter.
Change in dust, ash, smoke, fumes or odors in vicinity.
Change in ocean, bay, lake, stream or ground water quality or
27.
i� 28.
29.
x 30.
X 31.
quantity, or alteration of existing drainage patterns.
Substantial change in existing noise or vibration levels in the
vicinity.
Site on filled land or on slope of 10 percent or more.
Use or disposal of potentially hazardous materials, such as toxic
substances, flammables or explosives.
Substantial change in demand for municipal services (police, fire,
water, sewage, etc.).
Substantially increase fossil fuel consumption (electricity, oil,
natural gas, etc.).
X 32. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project, including information
on topography, soil stability, plants and animals, and any cultural, historical
or scenic aspects. Describe any existing structures on the site, and the use
of the structures. Attach photographs of the site. Snapshots or polaroid photos
will be accepted. t5X S:;V %qak f;�E_sl oet'm AL.
34. Describe the surrounding properties, including information on plants and animals
and any cultural, historical or scenic aspects. Indicate the type of land use
(residential, commercial, etc.), intensity of land use (one -family, apartment
houses, shops, department stores, etc.). Attach photographs of the vicinity.
Snapshops or polaroid photos will be accepted.
CERTIFICATION: I hereby certify that the statements furnished above and in the
attached exhibits present the data and information required for this initial evaluation
to the best of my ability, and that the facts, statements, and information presented
are true and correct to the best of my knowledge
DATE q, —7 rJ LI
NOTE: Authority cited: Sections 21803 and 21807
Reference: Sections 21000-21176, Public Resources Code.
J. VI. NEGRETE & ASSOCIATES
C5��_ Consulting Engineers _
ENVIRONMENTAL SETTING — 736 4th STREET
HERMOSA BEACH, CA
33. ON SITE DESCRIPTION
The existing project site consists of a two-story, single-family dwelling
having approximately 1700 square feet of living space. The land rises .
four feet in the first fifteen feet from the street and then is relatively
flat. A minimum of plants and shrubs exist, most of the yard areas
consist of brick and concrete pavement. Four parking spaces exist, two of
which are enclosed. Access to the rear parking is by the neighbor's drive
way to the west.
34. SURROUNDING PROPERTY DESCRIPTION
The property to the south, has a three story church (Assembly of God) with
their own parking on site. The properties to the east.consist of a
mixture of commercial development. Retail stores are sandwiched by a tire
repair store on the south and a Gym/exercise store on the north. A new
office building lies immediately adjacent to the site on the east. Except
for the office and the tire store, no parking exists on their property for
their existing development. The office building is presently vacant.
The property to the north and northeast has a hardware store and an
adjacent parking lot. The property to the northwest consists of one small
bungalow on one lot and a high density multifamily project adjacent to
that property. Immediately to the west, three multifamily units exist,
whose driveway access encroaches into the applicant's property the
neighbor has a prescriptive right easement on the applicant's property.
To the west and south of the subject site a multi -family project is
currently under construction.
4231 181st St. r ,>
Torrance, CA 90504 (213) 370-2987 `
ENVIRONMENTAL CHECKLIST FORM
I. BACKGROUND.
1. Name of Proponent V e�-=� i�Q-fes
2. Address and Phone Number of Proponent: qZ3) 18 ('T ST
,A, 4cG , Cj� 9o_gDq
3. Date of Checklist Submitted: C1 1-7 1,5<4
4. Agency Requiring Checklist rla:n enF geamoIsAAGI
5. Name of Proposal, if applicable ;?=;Njd GLl Augia
H. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached sheets.)
YES NO MAYBE
1. Earth. Will ' the proposal result in:
a. Unstable earth conditions or in changes in
geological sub -structures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
C. -Change in topography or ground surface relief
features?
d. The destruction, . covering or modification of
any unique geologic or physical features?
e. Any increase in wind or water erosion of soils,
either on or off the site?
f. Chagnes in deposition or erosion of beach
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay, inlet or lake?
g. Exposure of people or property to geological
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deteriroation of
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YES
NO MAYBE
X
replenishment of existing species?
d.
Reduction in acreage of any agricultural crop?
X
5.
Animal Life. Will the proposal result in:
a.
Change in the diversity of species, or numbers
of any species of animals (birds, land animals
including reptiles, fish and shelfish, benthic
organisms or insects)?
b.
Reduction of the numbersof any unique, rare
or endangerd species of animals?
C.
Introduction of new species of animals into an
area, or result in a barrier to the migration or
` ,
X
movement of animals?
d.
Deterioration to existing fish or wildlife
X
habitat?
6.
Noise. Will the proposal result in:
a.
Increase in existing noise levels?
b.
Exposure of people to severe noise levels?
7.
Will the proposal produce new light or glare?
x
8.
Land Use. Will the proposal result in a
substantial alteration of the present or
anned land use of an area? /11
lecist 1xKT� V--
X
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9.
fRtoe.SC o
Natural Resources. Will the proposal result in: TLAM+yEV
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a.
Increase in the rate of use of any natural
resources?
b.
Substantial depletion of any nonrenewable
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natural resource?
10.
Risk of Upset. Does the proposal involve:
a.
A risk of an explosion or the release of
hazardous substances (including, but not
limited to oil, pesticides, chemicals or
radiation) in the event of an accident or upset
conditions?
b.
Possible interference with an emergency
response plan or an emergency evacuation
_
plan?
X.
11.
Population. Will the proposl alter the location,
'
distribution, density, or growth rate of the
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YES NO MAYBE
12.
Housing. Will the proposal affect existing
housing, or create a demand for additional
housing', I U4�4tf Keel'- 'D ..
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13.
Transportation/Circulation. Will the proposal
result in:
a.
Generation o substantial dditional vehicular
movement?
b.
Effects on existing parking facilities, or
demand for new parking? 6CL PRekCu1 -C
pN 4 -51 7
C.
Substantial impact upon existing transportation
systems?
d.
Alternations to present patterns of circulation
or movement of people and/or goods?
C.
Alterations to waterborne, rail or air traffic?
_
f.
Increase in traffic hazardds to motor vehicles,
bicyclists or pedestrians?
14.
'Public Services. Will the proposal have an
effect upon, or result in a need for new or
altered governmental services in any of the
following areas:
a.
Fire protection
b.
Police protection
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C.
Schools
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d.
Parks or other recreational facilities
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e.
.Maintenance of public facilities, including
roads
f.
Other governmental services
5 _
15.
Energy. Will the poroposal result in:
a.
Use o substantial mounts of fuel or energy?
k _
b.
;Substantial increase in demand upon existing
sources of energy, or require the development
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of new sources of energy?
_
16.
Utilities, Will the proposal result in a need for
new systems, or substantial alterations to the
following utilities:
a.
Power o natural gas.
b.
Communications systems.
11X
C.
Water.
d.
Sewer or septic tanks
_ e.
Storm water drainage.–
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APPUCATION FOR TEI( IVE SUBDIVIS10;1 ;'J1P (CCt1DOtll;r.') 11
(Division of lots into more than four parcels; condominium of more than
ttro units; tentative maps.)
Appl i c a n t (c.,ner)� OUV
Add ress_r Z:IIBi ST
CA
lcgai Descripticn or Pic -^1 ,o be Divided
Phone Number
I. 1Arus- . C'p`s
't
Size of Parcel to be Divided
Size of "lots" to be Created
tluribcr of Condominium Lots
Engineer of Surveyor
Prepnarring Map:
Name r-6
Address JI/ 1Pil <ZIf
1—�>X tL,pn[C6 I �O
Submitted here with:
2.
W
4.
Phone Number 3%D - Z4i&-7
Fifteen copies of map at a scale not less than ten (10) feet to the inch,
eighteen by tti•renty-six inches (18" x 26') in size.
(a) The appropriate dimensions, area and shape of each lot.
(b) The record boundaries and area of the parcel Lo be subdivided.
(c) The name, size, and location of abutting streets and tracts.
(d) The dimensions of all streets, ways, and easements to be dedicated to the
city public utilities, and location of all existing easements. -
(e) Legal description of property to be divided.
(f) Source of water supply.
(g) IICLhod of sewage disposal, including sizes and locations of existing mains
serving proposed subdivisions.
(h) Proposed public areas, if any.
(i) Location of e:cisting buildings and all trees, and other improvements on
Llic property to be divided,
(j) Ilethod of surface water disposal,
(k) Location and depth of fill areas.
(1) Appl icanL shall agree to provide any necessary easemo-rets. for the proposed
parcel or parcels.
A grading plan sho.jing existing and proposed contours at tt•to-foot intervals.
(a) Elcvdtions of buildings.
(h) Plot and landscaping plan of mutually -owned parcels.
Tiro copies of proposed C.C. and R's.
/- G tyres
The above material has been received for the Planning Comnissien
QY Fee
Da to rece l p t
APPLICATICN FOR TE, I'.E SUa01V1S10,1 "AP (CCN00111() I
(Division of lots into more than four parcels; ccnc'ominium of .more than
Wo units; tentative maps.)
App 1 i can t (o•.-inc r)
Ac.J, ess
legal Description of Parcel to be Divided
Size of Parcel to be Divided
Size of "lots" to be Created
tlurrber of Condominium. Lots
Phone `,umcer -
Engineer of Surveyor Preparing Map:
dame �
Address Phone dumber
Submitted here with:
2.
T
Fifteen copies of map at a scale not less than ten (10) feet to the inch,
eighteen by twenty-six inches (18'' x 26') in size.
(a) The appropriate dimensions, area and shape of each lot.
(b) The record boundaries and area of the parcel to be subdivided.
(c) Tile name, size, and location of abutting streets and tracts.
(d) The dimensions of all streets, ways, and easements to be dedicated to the
city publ is uti 1 i ties, and location of all existing easerrents. -
(e) Legal description of property to be divided.
(f) Source of water supply.
(g) Hethod of se4rage disposal, including sizes and locations of existing mains
serving proposed subdivisions.
(h) Proposed public areas, if any.
(i) Location of e:cisting buildings and all trees, and olhcr improvencnts on
the property to be divided. ,
(j) 11etllod of surface water disposal.
(Ic) Location and depth of fill areas.
(1) Appl icant shal I agree to provide any necessary easements, for the proposed
parcel or parcels.
A grading plan sho.jing c;,isting and proposed contours at ttiro-foot intervals.
i
(a) Elevations of buildings.
(b) Plot;and landscaping plan of mutually -owned parcels.
T►,o copies of proposed C.C. and R'
�a
The above material has been received for the Planning Comrrrission
By Fee
Date Receipt
APPLICATION
CONDITIONAL USE PERMIT
NOTE: All items, signatures, and detailed plot plan(s), must be completed
before applicant can process the application.
Questions regarding Conditional Use Permits may be directed to:
Planning Department
(213) 376-6984, ext. 242
FILING FEE RECEIPT N0.
RECEIVED
DATE RECEIVED BY
A. Conditional Use Permit for:
1. ✓alCondominium
2. Condominium Conversion/Stock Cooperative
3• Commercial Planned Development
4• Precise Plan
5. Special Use
{-------------------� z 3 l I � ! sr sr---------3?0-2987
B. APPLICANT NA W44 �-r-E ��� ?b2r ►�c� (�. 90��{
Name Address Telephone
PROPERTY 0WNER 6�4 �k)F4cT 5 60g4 E 14 UY
Name
ADDRESS OF PROJECT -7340
rens
ejephone
LEGAL DESCRIPTION: Lot(y)
Tract Wo,'LTr- rt fvN &'S-oPA CD' S Zone
---------------------------------ejJ 0, Mk-E_--FL-AC.,-----------------------
C.
Applicant is: Owner Lessee If a lessee, the
applicant is requireT—to —obtain owner s s`Tqna-ture, which verifies the
applicant does hold a lease or other interest in the property and has
the owner's permission to ;rake thi
Owner's Signature Affirming the Ab
C
APPLICATION
CONDITIONAL USE PERMIT
NOTE: All items, signatures, and detailed plot plan(s), must be completed
before applicant can process the application.
Questions regarding Conditional Use Permits may be directed to:
FILING FEE
RECEIVED FROfi
DATE
Planning Department
(213) 376-6934, ext. 242
RECEIPT NO.
RECEIVED BY
A. Conditional Use Permit for:
1. V Condominium
2. Condominium Conversion/Stock Cooperative
3. Commercial Planned Development
4. Precise Plan
5. Special Use
-----------------------------------------------------------------------------
�{ ! 1f Z 31 t S j Sr sr 370-2987
B. APPLICANT �Ji M �4-� c -cam C-1111 �7b2r�►Jc� �, 90��{
Name Address Telephone
PROPERTY 01-INER -wL WAIS
Name
G uUYE::�C
ADDRESS OF PROJECT -73Co y'-�
ress
eiepnone
LEGAL DESCRIPTION: Lot(o)
Tract WA'L-T-r— tt f�q 01JS-0M C-01& Zone
a -,Q R M..E FLA cZ
-----------------------------------------------------------------------------
C. Applicant is: Owner l/ Lessee If a lessee, the _ -
applicant is required to obtain owner ss gn-i—ature, which verifies the
applicant does hold a lease or other interest in the prope ty an has
the owner's permission to .,ake this a ication.
c—
Owner's Signature Affir,-ing the Ab
.Date 1— 2 \�2\g�—
Conditional Use Permit :application
Page 2
D. Owner Lesseeproposes: (type of business(es) or use(s))
_L4 U ?,,It 'r M 1 KL l _M
I. If Commercial - Hours of Operation: A.11. to P. ,,I.
2. If Residenti - Number of Units q
Number of Bedrooms per Unit Z
Number of Bathrooms per Unit 2
Square Footage of Units II -�
3. Anticipated daily customer volume: People NMI.''Automobiles
4. Number of Off -Street Parking Spaces Ct SP 0.LE S
Location of Off -Street Parking Spaces
5. Number of On -Street Parking Spaces (use only those spaces immediately
in front of site): 9cp. rjG
6. Other Parking (specify) : NC>NC
7. Surrounding Usages - Indicate usages in each particular direction and
distance away.
8. Possible noise, smoke, odor,,
l � _
Conditional Use Permit Application
Page 3
9. Location and improved width of streets:
Street immediately in front of site Flo wto�
Street or alley closest to rear of site Li0' Vtioc
Street or alley closest to left of site 10 �
Street ' or alley closest to right of site `�y ! ( Ae
10. Steps taken to be takeny to assure compatibility with
surrounding area:
A . IA 1) t KII-A l V.A t-',44 S:31n&L 4!� Cr�r 11 q. L
91
C.
11. Describe all
existing and
proposed landscaping:
E�s-t' f-�MAC�
s�tRu
PR-•�PosL` O
�O�i.+o�s
=�b�cC,� ds � TK.£E S
'D�srtCt ex, rEI�
-T��(L��T
v
z
Conditional Use Permit Application
Page 3
9. Location and improved width of streets:
Street immediately in front of site Flo wto�
Street or alley closest to rear of site Li0' Vtioc
Street or alley closest to left of site 10 �
Street ' or alley closest to right of site `�y ! ( Ae
10. Steps taken to be takeny to assure compatibility with
surrounding area:
A . IA 1) t KII-A l V.A t-',44 S:31n&L 4!� Cr�r 11 q. L
91
C.
11. Describe all
existing and
proposed landscaping:
E�s-t' f-�MAC�
s�tRu
PR-•�PosL` O
�O�i.+o�s
=�b�cC,� ds � TK.£E S
'D�srtCt ex, rEI�
-T��(L��T
ettai E'c. �-
12. Describe existing and proposed trash storage:t�t. 'fAuT-��oIVUQ L
Rte. Fv c— ,a.c,(- -tau klg u -7:r
E. 13. OPTIONAL
WE, the, undersigned OWNERS OF ADJACENT PROPERTY, hereby certify that we have
read thb foregoing petition and believe the application SHOULD BE GRANTED.
(Add additional sheets if necessary. These signatures are desirable but
not required.)
NA"IE ADDRESS
Conditional Use Permit
Page 4
F. I CERTIFY THAT ALL STATE"TENTS P'!D MATERIALS PRESE11TED �Y 0E IN THIS 00CUMN'T
ARETRUE AAD C011PLETE, TO THE BEST OF ,lY KiNO-1dLEDGE.
APPLICANTS) SI ii ATURE
AMLING ADDRESS
Tv 2CZ jy 1-4 C,4 9 o SZ::�
TELEPHONE AMBER (2-13� .3-7v _ Zti6 —7
C I-MENTS BY APPLICANT (if desired)
8/80 - �,
APPLICATION FOR ZONE CHANGE
TO THE CITY OF HERMOSA BEACH PLANNING COMMISSION:
We, the owners of real property set opposite our respective names, hereby
petition to'have the City Zoning Ordinance amended by reclassifying from
Zone to Zone — 3 the following described property:
( exact legal description) \AJAL_TL� it_ FAKisorA �� S
VEuaMA- C fl, Ac6 T M E5 q I iso
said property is shown in colored cross -hatching on the attached map, which is
made a part of this petition.
The property is situated on the �'rT + side of �j � 66 r
between /�A6G tit C. q5r w y
and A{ZaKAon.E. M ,
1. Is public necessity served by the proposed change? Is there a real need
in the community for more of the types of uses permitted by the zone requested
than can be accommodated in the areas already zoned for such uses? (Fully
explain your answer, considering the surrounding property as well as the property
proposed to be reclassified.)
i�� �i�_T ►� til Et'j-
2. Is the property involved in the proposed reclassification more suitable
for the purposes permitted in the proposed zone than for the purposes permitted
in the present zone? (Answer completely, give all reasons for your answer.)
1
C 11
r1
� a
extra sheets
it necessary and
separate
sheets
for neighboring property owners and residents.)
No. On Map Name
Application for Zone Change
Page 2
3. Would the uses permitted by the proposed zone be detrimental in any way
to surrounding property? (Explain reasons supporting your answer.)
4. What were the original deed restrictions, if any, concerning the type and
class of uses permitted on the property involved? Give the expiration date of
these restrictions. (You may attach a copy of these restrictions, after properly
underscoring the portions that apply.)
Mot AP PU CA atm
'W e, the undersi ned property owners, herewith request that our respective
pro perti,eswn cn are ci
�nudea in the reciassification petitioned for, be
reclassified for the reasons herein enumerated.
(This space is for Sion res of owners of property actually included in
the
proposed rec assification. Attach
extra sheets
it necessary and
separate
sheets
for neighboring property owners and residents.)
No. On Map Name
Address
Lot
Block
Tract
?tel �f�lsr-�ZrauCE,
2Zq
W, e'.C, "6U
'29
/
y
Arjplicaticn for Zcne Change
Pd:,e 3
State of California
County of Los Angeles ) ss.
City of Hermosa teach )
I, 1—J 1 NALTr— being duly sworn,
(Print Name in Full)
depose and say that I am the owner, part (or all) of the property involved and
that this application has been prepared in compliance with the requirements of
the Hermosa Beach Planning Commission as printed herein and that the foregoing
information thoroughly and completely, to be the best of.my ability, presents
the argument in behalf of the application herewith submitted and that the
statements and information above referred to are in all respects ue and
correct to the best of my knowledge and belief.
Telephone Number ���"' ��7 Signed
Flailing Address tiZ � � ( S ('r Sr (L[' 2 MA r4 Cia- `iosow
_ ore me this day of f. _Ic«JS / 19�
_ O�FiGA15:A1 �'�
' CLEGT L LOMBARrq
NOTARY PU9UC CALIFOs�`tlA Notar ub ^�-.ti
ORANGE COUM
My Comm. Up= May l T, 1985
This is to certify that the foregoing application has been inspected by me and
found to be complete and acceptable for filing with the Hermosa Beach Planning
Commission.
Datc Received
Receipt Number
By
(For the Hermosa Beacn Planning Commission)
•3 t
Application for Zone Change
Faze 3
G. -INE 'S A" -IDAVIT
State of Califcrnia )
County of Los Angeles ) ss.
City of Hermosa Beach )
I, <57 (LG—lcr-- t-��J�t being duly sworn.
(Print Name in Full)
depose and say that I am the owner, part (or all) of the property involved and
that this application has been prepared in compliance with the requirements of
the Hermosa Beach Planning Commission as printed herein and that the foregoing
information thoroughly and completely, to be the best of my ability, presents
the argument in behalf of the application herewith submitted and that the
statements and information above referred to -re in all respects tr P and
correct to the best of my knowledge and bel" r
Telephone Number 3-70- Z5 57 r+
Mailing Address gzZ3 ( ) 61 :5r y,
90So <
1
to before me this ^ day of ��t�-/V 19 �T
o
SE
IL
CLEMENT L LOM MN 7 �� (� _ -
.y ,_.. NOTA" PU_BIX - CAUFOF�WI Notary Pu l i �� �(� T"
ORANGE COU?(N'
My Came. fxms Mn 17,1985
e foregoing application has been inspected by me and
found to be complete and acceptable for filing with the Hermosa Beach Planning
Commission.
Date Received
Receipt Number
By
(For the Hermosa Beach Planning Commission)
HONORABLE CHAIRMAN and MEIMBERS of
the HERMOSA BEACH PLANNING COWISSION
October 9, 1984
REGULAR MEETING of
October 16, 1984
ZONE CHANGE, CUP, 4 UNIT CONDOMINIMUl�ffM AND
TENTATIVE MAP #16650 LOCATED AT 736 4TH STREET
Recommendation
That the attached resolutions approving a zone change from C-3 to R-3;
and a 4 unit condominimum, conditional use permit, and parcel map #16650
located at 736 4th Street.
Background
The Environment Review Committee reviewed this project on September 20, 1984
for the zone change request; and on October 11, 1984 for the CUP/condominium
application. Both were given negative declarations indicating that -neither
the zone change nor the condominimum would have significant adverse impacts
on the environment. Certain conditions were placed on the project which are
listed in the next section.
Analysis
The lot in question is located in the multi -use corridor. It is currently
zoned C-3 which precludes the property from being developed residentially.
The -environmental review board made the following findings:
1. This property is not a viable commercial one unless it is made a
part of the commercial development along Pacific Coast Highway.
This is not a possibility at this time as there is no single
ownership of the lots.
2. A commercial structure would create more adverse impacts than a
residential one due to the additional traffic generated by a
commercial structure and the 45 ft. height limit allowed in a
commercial zone.
Staff is recommending the zone change from C-3 to R-3: it is consistent
with the uses around it and the multi-use corridor in which the lot is
located allows for both residential and commercial uses. Without signal
ization at 4th Street and Pacific Coast Highway, this block has little
hope of becoming a viable commercial area. The first of the attached
resolutions is one recommending this zone change.
The second phase of this project is the application for a four unit condo-
minium. Assuming that the Zone Change is granted, the lot will be an
R-3 lot that consists of 4,597 sq. ft. Four units on this size lot would
be equivalent to 38 du/acre and hence complies with the high density
maximum of 40 du/acre allowed in the multi -use corridor.
Currently, there exists a two-story, single family dwelling on this site,
with no landscaping, and a concrete front yard. The applicant would be
replacing this structure with a four unit condominium development. Each
unit will have two bedrooms and comprise 1,103 sq. ft. in area. The
project meets all the Subdivision 11ap Act requirements as well as the
Condominium Ordinance requirements with two exceptions. The first is a
question of lot coverage. If the proposed ordinance that would exclude
decks (that are less than 5 ft.) from computations of lot coverage is
adopted by City Council, then this project has a 65% lot coverage which is
the allowable limit. If, however, the ordinance does not pass Council
approval, then this project has a 66.8% lot coverage, Staff feels that the
project has merit nonetheless.
The second area of disparity occurs in the provision of storage space. The
condominium ordinance requires that 200 cu. ft. of storage space be provided.
The applicant is providing 100 cu. ft. inside each unit and 200 cu. ft:du
overhanging the parking area. The Environmental Review Board recommended
that the Planning Commission allow two-thirds of the storage space to be
provided in facilities overhanging the parking area since the applicant is
providing 100 cu. ft. of storage space in excess of that required.
The layout of the project (as can be seen in the plans) consists of parking
on the gound floor, two units (two bedrooms, kitchen, living, dining, two --
bathrooms, and laundry area each unit) on the second floor, and two units on
the third floor.
• s:
The Environmental Review Board specified a standard condition as follows:
1. Fire alarm and sprinkler system be provided acceptable to the
Hermosa Beach Fire Department.
The applicant has agreed to the above condition.
Staff recommends adoption of both attached resolutions: the first approves
the zone change from C-3 to R-3; the second approves a four unit condo-
minium, conditional use permit, and tentative map #16650 for 736 4th Street.
Kim Reardon -Crites
Planning Assistant
4
DENSITY:
FLOOR AREA:
LOT COVERAGE:
Open Space:
Height:
Recreation Space:
Private:
Common:
Storage Space:
Parking:
Residence:
Guest:
Setbacks:
Front:
Rear:
Side:
Trash Storage:
STAFF ANALYSIS
PROPOSED ALLOWED/REQUIRED
38 du./acre 40 du./acre
4,412 sq. ft. 5,746 sq. ft.
66.8% * 65%
(* Proposed ordinance - not to calculate decks)
( not over 5 ft. - Lot coverage = 65% )
33.2% 35%
33 ft. 35 ft.
Section 9.5-27 (g)
100 sq. ft. 100 sq. ft.
15% 15%
*
300 cu. ft./du. 200 cu. ft/du.
*
( 200 cu. ft. in storage overhanging parking area)
2/unit 2/unit
1 1
10 ft. 10 ft.
5 ft. 5 ft.
4 ft. 4 ft.
Enclosed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION P.C. 84-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DENYING A ZONE CHANGE FROM C-3 TO R-3 FOR
PROPERTY LOCATED AT 736 4TH STREET IN THE CITY OF HERMOSA BEACH,
CALIFORNIA.
WHEREAS, the Planning Commission held a public hearing on
October 16, 1984, to consider this matter; and
WHEREAS, it is the desire of the Planning Commission to
enhance the depth of the Commercial Zone in the multi -use
corridor to engourage viable commercial development; and
WHEREAS, the Planning Commission feels that rezoning this
property from C-3 to R-3 will not further the long range goals
of the City in terms of providing a successful commercial
corridor; and
WHEREAS, the Planning Commission considered the current
use of the property in question, the neighboring uses, and the
General Plan designation of the area.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the City of ermosa Beach, California does hereby deny a zone
change from C-3 to R-3 for the property located at 736 4th
Street, Hermosa Beach, California.
VOTE: AYES: Comm. Sheldon, Shapiro, Peirce, Chmn.
Izant.
NOES: Comm. Schulte
ABSTAIN: Comm. Compton
ABSENT: Comm. Newton
CERTIFICATION
I hereby certify that the foregoing Resolution P.C. 84-30 is a
true and complete record of the action taken by the Planning—
Commission of Hermosa Beach at their regularly scheduled meeting
of October 16, 1984. �
Stephen Izant, Chairman
Date
slie Newton, Secretary
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CONDOMINIUM `
_. _
_.
TRACT NO. _41915 M. B. 1_006-54-5_. p yo
CONDOMINIUM
PARCEL MAP P M..166-97-98
76 ci
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FON' WALTER RANSON CO'S VENABLE PLACE M.B. 9 - 150
4340 f — — — — — — — — — — — —
WF THORNE'S HILL SIDE TRACT NO.2 M.B. 10 - 113
KOEPKE'S TRACT M. B. •13 - 22
CONDOMINIUM
rrn, rbly ;,' ,;,rt ,I
clan . i. s TRACT NO. 26438 M. R A 7 - 7R -70
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98
HONORABLE MAYOR and MEMBERS of the
HERMOSA BEACH CITY COUNCIL
TRANSIT REPORT
Recommendation
October 17, 1984
REGULAR MEETING of
November 13, 1984
1. That the City Council indicate a willingness to designate the City of Hermosa
Beach as the lead agency in the administration of the ESEA Shuttle project. As
the lead agency, the City can begin the process and move the project forward.
2. Authorize staff to proceed with an RFP for shuttle services; said administrative
time to be covered by Proposition A funding from the two participating
agencies.
Background
At the regular meeting of August 28, 1984, the City Council directed the City
Manager to contact the employers in E1 Segundo and find out how many of their
employees live in Hermosa Beach, how many cars are involved, and what type of
ride -sharing, etc. would be most helpful in relieving congestion.
At the regular meeting of May 18, 1983, the City Council approved the concept of an
ESEA Shuttle. And, at the regular meeting of January 10, 1984, the City Council
allocated $33,250 of Proposition A monies from FY 83-84 towards the project.
Analysis
The concept of an ESEA Shuttle between Hermosa Beach, Manhattan Beach, and the El
Segundo Employment Center has been talked about for the past few years. Manhattan
Beach City Council has conceptually approved a shuttle starting at Herondo in
Hermosa Beach, then following Hermosa, Manhattan, and Highland Avenues. Service
would be contracted out with runs being made every morning and evening.
There are approximately 884 Hermosa Beach residents who are ESEA members. If even
half of these residents used the shuttle, it would help alleviate congestion.
ESEA had estimated the shuttle to cost approximately $95,000 a year. Hermosa Beach
has allocated $33,250 of Proposition A monies from FY 83-84 to be used for the
shuttle; Manhattan Beach has allocated $61,750 of Proposition A funds for this project.
The most recent meeting held to discuss the shuttle was August 27, 1984. The meeting
was held at Hughes Aircraft in E1 Segundo. At that meeting Don Camph, Director of
ESEA, directed the companies of ESEA to put together an ad hoc committee. Each
company is to designate a person for this committee and the committee is scheduled to
meet as soon as possible. At that meeting, different routes and timing schedules will
be discussed.
The main reason behind the delay in the implementation of the shuttle has been ESEA's
reversal of its original offer to provide the administration of the program. Due to a
change in staff and ideology, ESEA has announced that it will help to coordinate the
individual companies in terms of marketing but will not take the responsibility of
actually administering the project.
The cooperating cities are now faced with the situation of having the money to
implement the system (through Proposition A) but not having a body to initiate and
administer the program.
Hermosa Beach can, at this point, take the lead and begin the process. This would
involve providing the time and personnel to produce an RFP, reviewing the incoming
RFPs, and selecting a company to provide the service. It would also involve some
administration of the program.
Manhattan Beach has indicated it will most likely contribute half the administration
costs. And, the Los Angeles County Transportation Commission has indicated its
willingness to provide techinical assistance in helping formulate a Request for Proposal
and choosing a transit company.
Staff feels that this project is worthy of a one year trial period. Relying on others to
accomplish it has resulted in delays of implementation. Staff therefore, recommends
that Hermosa Beach accept administrative responsibility for implementation.
Other alternatives to the City Council are:
1. Continue to try and get others to be the lead agency.
2. Drop the project.
Stacy Park Victory
Planning Intern
Kim Reardon -Crites
Planning Assistant
CONCUR:
Gre ory T. Meyer
City Manager
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH, CALIFORNIA,
AND MUNICIPAL SERVICES, INC.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT -PROGRAM ADMINISTRATIVE SERVICES
THIS AGREEMENT, made and entered into this 10th day of October 1984, by and
between the City of Hermosa Beach, a municipal corporation of the State of California
("CITY"), and Municipal Services, Inc., a California corporation ("CONTRACTOR"),
WITNESSETH
Recitals:
1. CITY is the recipient of Federal Community Development Block Grant funds
administered under an operating agreement with the County of Los Angeles Community
Development Commission as a participating city under the Urban County Program pursuant
to Title I of the Housing and Community Development Act of 1974, as amended ("Acta).
2. CITY has budgeted federal funds under the Act to be used to develop and administer a
community development block grant program within the corporate limits of the City of
Hermosa Beach.
3. CONTRACTOR represents that it is experienced in developing and administering a
community development block grant program and has submitted a proposal to work under
the general direction of the City of Hermosa Beach pursuant to and in compliance with the
ordinances and regulations of the City of Hermosa Beach and the Housing and Community
Development Act of 1974, as amended. Said proposal is attached hereto as "Exhibit All and
incorporated herein by this reference.
I. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide all professional and clerical services necessary to
effectively administer the tenth year program budget under the Community Development
Block Grant Program; to maximize the use of previous year unexpended program funds; and
to close the program at the end of the tenth year pursuant to the City's direction.
B. CONTRACTOR agrees to perform the services generally described in the Scope of
Work of the proposal hereinbefore described and attached hereto as "Exhibit All with the
following exceptions:
1. Task 3 - CDBG Application is hereby deleted due to the City's decision not to
participate in subsequent program years.
2. Task 3 - Close Out Operations - A new Task 3 is added whereby all projects
completed within the term of this project shall be "closed out", meaning all final_ _
budget and project reports shall be completed to the satisfaction of the Los
Angeles County Community Development Commission.
C. CONTRACTOR agrees to comply fully with all applicable federal, state, and local
laws and regulations including but not limited to the following:
1. Executive Order 11246
2. Title VI of the Civil- Rights Act of 19fr4 _
3. Section 3 of the Housing and Urban Development
Act of 1968
4. Section 109 of the HCDA of 1974
5. Access to and Retention of Records
6. Conflict of Interest
These provisions are attached hereto as "Exhibit B" and incorporated herein by reference.
D. CONTRACTOR commits the personnel listed below to the project for its duration:
Gary H. Werner
- - Robb R. Steel
CONTRACTOR shall not change the principal personnel assigned to this contract -without
prior written consent of the CITY.
II. CITY'S OBLIGATIONS
A. CITY shall make available all files, plans, reports, maps, and studies related to
CONTRACTOR'S obligations under this Agreement.
B. CITY shall promptly pay CONTRACTOR as provided for under Section IV, METHOD
OF PAYMENT.
C. CITY shall periodically monitor the progress of work performed under this contract
and file progress reports documenting the level of CONTRACTOR'S performance. Said
monitoring shall be the responsibility of the City Manager or his/her designee. -
D. CITY shall provide professional staff support in implementing specific project
activities which are administered under the CDBG program.
IIL TIME OF PERFORMANCE
A. Said services of CONTRACTOR are to commence on October 10, 1984, and shall
extend through June 30, 1985. This agreement shall terminate on June 30, 1985, unless an
extension is approved and agreed upon. in writing "by both CITY and CONTRACTOR.
N. METHOD OF PAYMENT
A. CITY shall pay CONTRACTOR for services rendered under this Agreement upon
CONTRACTOR'S submission of a detailed monthly invoice showing hours worked and tasks
performed for each employee of CONTRACTOR. CITY shall pay -said invoice within fifteen
(15) days after receipt thereof provided_ CITY is satisfied that said expenses have been
incurred within
- 2 -
the scope of this Agreement and the CONTRACTOR is in compliance with the terms and
conditions of this Agreement. CONTRACTOR shall be paid on a cost reimbursement basis
according to the following schedule:
Total Hourly
Position Person Assigned Billing Rate
Project Manager Gary H. Werner $ 75.00
Team Coordinator Robb R. Steel 45.00
Clerical Unnamed 25.00
Any cost for printing, reproduction, and other similar services shall be reimbursed at
CONTRACTOR'S cost. The maximum not to exceed fee for services rendered and costs
associated with printing, reproduction and other similar services pursuant to this Agreement
shall not exceed Twelve Thousand Two Hundred Sixteen Dollars ($12,216).
V. TERMINATION
A. This Agreement may be terminated by CONTRACTOR at any time before receipt of
any money from CITY.
B. This Agreement may be terminated by CITY at any time before CONTRACTOR incurs
any obligations within the scope of CONTRACTOR'S performance under this Agreement.
Thereafter CITY may terminate this Agreement only in the event CONTRACTOR violates
any term or condition of this Agreement or if CONTRACTOR fails to maintain a good faith
effort to carry out the purpose of this Agreement. CITY shall provide CONTRACTOR
thirty days written notice of said decision to terminate Agreement and Contractor shall be
entitled to reimbursement for expenses incurred up until the effective date of termination.
VI. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S.
Mail, postage prepaid, and addressed as follows:
TO CITY: City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
TO CONTRACTOR: Municipal Services, Inc.
712 No. Diamond Bar Blvd.
Diamond Bar, CA 91765
VII. ASSIGNABILITY
CONTRACTOR shall not in any way assign or transfer any interest in this Agreement,
without the prior written consent of CITY; provided, however, that claims for money due or
to become due CONTRACTOR for CITY under this Agreement may be assigned to a bank,
trust company or other financial institution, or to a trustee in bankruptcy, without such
approval. Notice of any such assignment or transfer shall be promptly furnished to CITY.
-3-
VIII. HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers and employees
from and against any and all damages to property or injuries to or death of any person or
persons, including property and employees or agents of CITY, and shall defend, indemnify
and save harmless CITY, its officers and employees, from and against any and all claims,
demands, suits, actions or proceedings -of any kind or natures, including, but not by way of
limitation, workers' compensation claims, resulting from or arising out of the negligent acts,
errors or omissions of CONTRACTOR, its employees or sub -contractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers and employees,
from and against any and all damages to property or injuries to or death of any person or
persons, including property and employees or agents of CITY, and shall defend, indemnify
and save harmless CITY, its officers and employees, from and against any and all claims,
demand, suits, actions or proceedings therefore, resulting from or arising out of the
intentional or malicious acts of CONTRACTOR, its employees or sub -contractors.
IX. INSURANCE
A. CONTRACTOR shall furnish CITY'S Clerk of the Council with an insurance certificate
from its workers' compensation insurance carrier certifying that it carries such insurance,
and the policy shall not be cancelled nor the coverage reduced during the term of this
Agreement.
B. CONTRACTOR shall obtain, at its sole cost and file with the Clerk of the Council of
CITY, prior to exercising any right or performing any obligation pursuant to this Agreement,
and maintain for the period covered by this Agreement, a policy or policies of general
liability insurance, or certificate of such insurance, satisfactory to the City Attorney of
CITY naming CITY, its officers, agents and employees as insured or additional insured,
which provides coverage not less than that provided against liability for any and all claims
and suits for damages or injuries to persons or property resulting from or arising out of
operations of CONTRACTOR, which insurance shall provide coverage for both bodily injury
and property damage in not less than the following minimum amounts: Five Hundred
Thousand Dollars ($500,000) combined single limit, or its equivalent. Said policy shall also
contain a provision that no termination, cancellation or change of coverage of insured or
additional insured shall be effective until thirty (30) days notice thereof has been given in
writing to the CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim
made or suit instituted. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance, which, in its own judgment, may be
necessary for its proper protection in the prosecution of the work.
- . X. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY and
contains all the covenants and agreements between the parties with respect to such
employment in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made
by any party, or anyone acting on behalf of any party, which are not embodied herein, and
that no other agreement or amendment hereto shall be effective unless executed in writing
and signed by both CITY and CONTRACTOR.
-4-
XI. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the
State of California, and all applicable federal statutes and regulations as amended.
XII. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall be governed
by and construed in accordance with the laws of the State of California, and all applicable
federal statutes and regulations as amended.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
ATTEST;
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
MURRAY O. KANE
CITY ATTORNEY
d/Var Doc
- 5 -
CITY OF HERMOSA BEACH,
a Municipal Corporation
State of California
MAYOR
MUNICIPAL SERVICES, INC.
a California Corporation
1
'7ARY H. WERNER
VICE PRESIDENT
EXHIBIT B
SPECIAL FEDERAL PROVISIONS
FOR
PROFESSIONAL SERVICE CONTRACTS
A. Executive Order 11246, Equal Opportunity
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment, or recruitment advertising; layoff or termination, rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contractor's
commitment under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the Department and the Secetary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts in`
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
- 6 -
R-1
C.
.(7) The Contractor will include the provisions of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States to enter into
such litigation to protect the interest of the United States.
Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
made available under this title.
"Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities
(1) The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C.
1701u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
(2) The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuent thereto by the Secretary of Housing and Urban
Development set fourth in 24 CFR 134, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The
parties to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with these
requirements.
(3) The Contractor will send to each labor organization or representative of workers -
with which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or workers'
representative of his commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
- 7 -
(4) The Contractor will include this Section 3 clause
in every subcontract for work in connection with
the project and will, at the direction of the
applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to
the subcontract upon a finding that the
subcontractor is in violation of regulations under
24 CFR Part 135 and will not let any subcontract
unless the subcontractor has first provided it
with a preliminary statement of ability to comply
with the requirements of these regulations.
(5) Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department
issued hereunder prior to the execution of the
contract, shall be a condition of the Federal
financial assistance provided to the project,
binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure
to fulfill these requirements shall subject the
applicant or recipient, its contractor's or
subcontractors, its successors and assigns to
those sanctions specified by the grant or loan
agreement or contract through which federal
assistance is provided, and to such sanctions as
are specified by 24 CFR Part 135.
E. Access to and Retention of Records
The City of Hermosa Beach, the County of Los Angeles,
The Department of- Housing and Urban Development, the
Comptroller General of the United States, or any of
their duly authorized representatives shall have access
to any books, documents, papers, and records of the
Contractor which are directly pertinent to this
E:7
contract, for the purpose of making audit examinations,
excerpts, and transcriptions. The Contractor shall
maintain all required records for a period of at least
five years after the City makes final payment and
closes all other pending matters.
F. Conflict of Interest
The Contractor, its agents and employees shall comply
with all applicable Federal, State and County laws and
regulations governing conflict of interest. To this
end, the Contractor will make available to its agents
and employees copies of all applicable Federal, State
and County laws and regulations governing conflict of
interest. Contractor shall furnish a written list of
all current or proposed subgrantees/subcontractors,
vendors or personal service providers, including
subsidiaries of Contractor. This list should be
limited to those subgrantees/subcontractors, vendors or
personal service providers, including subsidiaries of
the Contractor which will receive $10,000 or more
during the term of this Contract. Such a list shall
include the names, addresses, telephone numbers and
identification of principal party(ies) and a
description of services to be provided. During the
term of this Contract, Contractor shall notify the City
in writing of any change in the list of
subgrantees/subcontractors, vendors, personal service
providers or subsidiaries of the Contractor within
fifteen (15) days of any change.
l -f4'
"A politician would do well to remember that he has to live with
his conscience longer than he does with his constituents."
-Melvin R. Laird
AGENDA
REGULAR MEETING OF THE HERMOSA BEACH CITY COUNCIL
Tuesday, November 13, 1984 - Council Chambers, City Hall
Closed Session - 6:00 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
PROCLAMATIONS: 1736 Center Holiday Concert Day,
Sunday, November 18, 1984
Endorsement of Club Access, non-profit enter-
prise providing entertainment and mobility for
the handicapped.
1. 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.)
- 1 -
(a)
Approval of Minutes: Regular meeting of the City Council
held on October 23,
1984.
Recommended Action:
To approve minutes.
(b)
Demands & Warrants:
November 13, 1984.
Recommended Action:
To approve Demands & Warrants No.
through
inclusive.
(c)
Claim for Damages:
Kevin Okura, 1186 Pelon Way, Monterey
Park, Ca 91754 represented
by Edwin J. Wilson, Jr. Atty.,
1440 Broadway, Ste.
904, Oakland, CA 94612, filed October
29, 1984.
Recommended Action:
To deny claim and refer to this
City's insurance carrier.
(d)
Claim for Damages:
Thomas M. Emerson, 2209 Curtis Avenue,
#4, Redondo Beach,
90278, filed November 5, 1984.
Recommended Action:
To deny claim and refer to this
City's insurance carrier.
(e)
City Manager Activity
Report: Memorandum from City Man-
ager Gregory T. Meyer dated November 8, 1984.
Recommended Action:
To receive and file.
(f)
Tentative Future Agenda
Items.
Recommended Action:
To receive and file.
(g)
Unofficial results
November 6 election: Memorandum from
City Clerk Kathleen
Reviczky dated November 8, 1984.
Recommended Action:
To receive and file.
(h)
Police Activity Report:
September, 1984.
Recommended Action:
To receive and file.
(i)
Industrial Development Bonds: Memorandum from City Man-
ager Gregory T. Meyer dated November 7, 1984.
Recommended Action:
To receive and file.
(j) Approval of contract with Municipal Services, Inc. for
administration of CDBG funds. Memorandum from Planning
Assistant Kim Reardon Crites dated November 7, 1984.
Recommended Action: To approve contract.
- 2 -
(k) Report on Public Improvement Assessments. Memorandum from
Public Works Director Anthony Antich dated November 8,
1984.
Recommended Action: To receive and file.
(1) Report on sidewalk requirement for Friedman construction
at 573 - 18th Street. Continued from 10/9/84 meeting.
Memorandum from Building & Safety Director William Grove
dated November 6, 1984.
Recommended Action: To receive and file.
(m) Required reporting re. City Investments. Memorandum from
City Manager Gregory T. Meyer dated October 31, 1984.
Recommended Action: To approve staff recommendation.
(n) ORDINANCE NO. 84-778 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH ADDING TO THE ZONING CODE, SEC-
TION 229.1 LOT COVERAGE. For waiver of further reading
and adoption.
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
Letter and petition from Stacey T. Percan and Sandra
Bartiromo, 721-A 6th Street, dated October 25, 1984,
grievance re. Learned Lumber operations.
PUBLIC HEARINGS
s
3. POLICE ASSOCIATION DEMANDS: WAGES, HOURS AND WORKING CON-
DITIONS. Letter from Hermosa Beach Police Officers As-
sociation dated October 19, 1984. Memorandum from City
Manager Gregory T. Meyer dated November 7, 1984.
4. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHANGE FROM
C-3 TO R-3 AT 736 FOURTH STREET. Mr. Jess Negrete, Appel-
lant. Memorandum from Planning Assistant Kim Reardon
Crites dated November 7, 1984.
5. CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH THE OPERATION OF THE COMMUNITY CENTER
THEATRE AT 710 PIER AVENUE. Memorandum from Building and
Safety Director William Grove dated November 2, 1984.
6. APPEAL FROM DENIAL BY BOARD OF ZONING ADJUSTMENTS FOR A
VARIANCE TO PARKING STANDARDS AT 338 PACIFIC COAST HIGH-
WAY. Mr. Dale Moore, Appellant. Memorandum from Building
and Safety Director William Grove dated October 26, 1984.
MUNICIPAL MATTERS
7. TRANSIT REPORT - ESEA SHUTTLE. (Continued from 10/23
meeting. Memorandum from Planning Assistant Kim Reardon
Crites dated
- 3 -
8. RECOMMENDATION TO ALLOCATE CROSSING GUARD, PROSPECT AVENUE
AT HERMOSA VIEW SCHOOL. Memorandum from City Manager
Gregory T. Meyer dated November 8, 1984.
9. DEVELOPMENT STANDARDS FOR PRE-SCHOOLS AND DAY CARE FACILI-
TIES IN HERMOSA BEACH. Memorandum from Councilmember John
Cioffi dated November 1, 1984.
10. RECRUITMENT OF CHILD ABUSE ADMINISTRATOR. Memorandum from
City Manager Gregory T. Meyer dated November 8, 1984.
11. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 80-654 RELATING
TO TRAVEL EXPENSES. Memorandum from Finance Administrator
Viki Copeland dated.November 6, 1984.
12. LEASE AGREEMENT BETWEEN CIY AND PROSPECT HEIGHTS BILINGUAL
SCHOOL FOR USE OF PARKING LOT (PLAYGROUND) JUST PURCHASED
BY THE CITY. Memorandum from Community Resources Director
Alana Mastrian dated November 7, 1984.
13. ELIMINATION OF FREE GUEST PARKING PASSES. Memorandum from
Acting Public Works Director William Grove dated October
31, 1984.
14. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION.
15. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION.
a. Approval of minutes of 10/9/84 meeting.
b. 1984-85 Vehicle Parking District budget.
C. Review of valet stack parking system on VPD lots.
16. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. Gould/27th Street Traffic Circulation Status Re-
port. (Continued from 10/23 meeting)
b. Request for Closed Session 11/27/84
C. Implementation of recent State and Federal
Legislation.
17. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. Railroad right-of-way Subcommittee Report
b. PCH Parking District Subcommittee Report
18. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY
NATURE.
19. OTHER MATTERS - CITY COUNCIL.
ADJOURNMENT
M_�
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH, CALIFORNIA,
AND MUNICIPAL SERVICES, INC.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT -PROGRAM ADMINISTRATIVE SERVICES
THIS AGREEMENT, made and entered into this 10th day of October 1984, by and
between the City of Hermosa Beach, a municipal corporation of the State of California
("CITY"), and Municipal Services, Inc., a California corporation ("CONTRACTOR"),
WITNESSETH
Recitals:
1. CITY is the recipient of Federal Community Development Block Grant funds
administered under an operating agreement with the County of Los Angeles Community
Development Commission as a participating city under the Urban County Program pursuant
to Title I of the Housing and Community Development Act of 1974, as amended ("Act").
2. CITY has budgeted federal funds under the Act to be used to develop and administer a
community development block grant program within the corporate limits of the City of
Hermosa Beach.
3. CONTRACTOR represents that it is experienced in developing and administering a
community development block grant program and has submitted a proposal to work under
the general direction of the City of Hermosa Beach pursuant to and in compliance with the
ordinances and regulations of the City of Hermosa Beach and the Housing and Community
Development Act of 1974, as amended. Said proposal is attached hereto as "Exhibit All and
incorporated herein by this reference.
I. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide all professional and clerical services necessary to
effectively administer the tenth year program budget under the Community Development
Block Grant Program; to maximize the use of previous year unexpended program funds; and
to close the program at the end of the tenth year pursuant to the City's direction.
B. CONTRACTOR agrees to perform the services generally described in the Scope of
Work of the proposal hereinbefore described and attached hereto as "Exhibit All with the
following exceptions:
1. Task 3 - CDBG Application is hereby deleted due to the City's decision not to
participate in subsequent program years.
2. Task 3 - Close Out Operations - A new Task 3 is added whereby all projects
completed within the term of this project shall be "closed out", meaning all final-
budget
inalbudget and project reports shall be completed to the satisfaction of the Los
Angeles County Community Development Commission.
C. CONTRACTOR agrees to comply fully with all applicable federal, state, and local
laws and regulations including but not limited to the following:
1. Executive Order 11246
2. Title VI of the Civil Rights Act of 1964
3. Section 3 of the Housing and Urban Development
Act of 1968
4. Section 109 of the HCDA of 1974
5. Access to and Retention of Records
6. Conflict of Interest
These provisions are attached hereto as "Exhibit B" and incorporated herein by reference.
D. CONTRACTOR commits the personnel listed below to the project for its duration:
Gary H. Werner
Robb R. Steel
CONTRACTOR shall not change the principal personnel assigned to this contract without
prior written consent of the CITY.
II. CITY'S OBLIGATIONS
A. CITY shall make available all files, plans, reports, maps, and studies related to
CONTRACTOR'S obligations under this Agreement.
B. CITY shall promptly pay CONTRACTOR as provided for under Section IV, METHOD
OF PAYMENT.
C. CITY shall periodically monitor the progress of work performed under this contract
and file progress reports documenting the level of CONTRACTOR'S performance. Said
monitoring shall be the responsibility of the City Manager or his/her designee.
D. CITY shall provide professional staff support in implementing specific project
activities which are administered under the CDBG program.
III. TIME OF PERFORMANCE
A. Said services of CONTRACTOR are to commence on October 10, 1984, and shall
extend through June 30, 1985. This agreement shall terminate on June 30, 1985, unless an
extension is approved and agreed upon in writing by both CITY and CONTRACTOR.
IV. METHOD OF PAYMENT
A. CITY shall pay CONTRACTOR for services rendered under this Agreement upon
CONTRACTOR'S submission of a detailed monthly invoice showing hours worked and tasks
performed for each employee of CONTRACTOR. CITY shall pay said invoice within fifteen
(15) days after receipt thereof provided CITY is satisfied that said expenses have been
incurred within
- 2 -
the scope of this Agreement and the CONTRACTOR is in compliance with the terms and
conditions of this Agreement. CONTRACTOR shall be paid on a cost reimbursement basis
according to the following schedule:.
Total Hourly
Position Person Assigned Billing Rate
Project Manager Gary H. Werner $ 75.00
Team Coordinator Robb R. Steel 45.00
Clerical Unnamed 25.00
Any cost for printing, reproduction, and other similar services shall be reimbursed at
CONTRACTOR'S cost. The maximum not to exceed fee for services rendered and costs
associated with printing, reproduction and other similar services pursuant to this Agreement
shall not exceed Twelve Thousand Two Hundred Sixteen Dollars ($12,216).
V. TERMINATION
A. This Agreement may be terminated by CONTRACTOR at any time before receipt of
any -money from CITY.
B. This Agreement may be terminated by CITY at any time before CONTRACTOR incurs
any obligations within the scope of CONTRACTOR'S performance under this Agreement.
Thereafter CITY may terminate this Agreement only in the event CONTRACTOR violates
any term or condition of this Agreement or if CONTRACTOR fails to maintain a good faith
effort to carry out the purpose of this Agreement. CITY shall provide CONTRACTOR
thirty days written notice of said decision to terminate Agreement and Contractor shall be
entitled to reimbursement for expenses incurred up until the effective date of termination.
VL NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S.
Mail, postage prepaid, and addressed as follows:
TO CITY: City Manager
City of Hermosa Beach
1315 Valley Drive
I-fermosa Beach, CA 90254
TO CONTRACTOR:. -Municipal Services, Inc.
712 No. _Diamond Bar Blvd.
.Diamond Bar, CA 91765
VII. ASSIGNABILITY
CONTRACTOR shall not in any way assign or transfer any interest in this Agreement,
without the prior, written consent of -CITY; provided, however, that claims for money due or
to become due CONTRACTOR for CITY under this Agreement may be `assigned to a bank,
trust company or other financial institution, or to a trustee in bankruptcy, without such
approval. Notice of any such assignment or transfer shall be promptly furnished to CITY.
-3-
VIII. HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers and employees
from and against any and all damages to property or injuries to or death of any person or
persons, including property and employees or agents of CITY, and shall defend, indemnify
and save harmless CITY, its officers and employees, from and against any and all claims,
demands, suits, actions or proceedings of any kind or natures, including, but not by way of
limitation, workers' compensation claims, resulting from or arising out of the negligent acts,
errors or omissions of CONTRACTOR, its employees or sub -contractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers and employees,
from and against any and all damages to property or injuries to or death of any person or
persons, including property and employees or agents of CITY, and shall defend, indemnify
and save harmless CITY, its officers and employees, from and against any and all claims,
demand, suits, actions or proceedings therefore, resulting from or arising out of the
intentional or malicious acts of CONTRACTOR, its employees or sub -contractors.
IX. INSURANCE
A. CONTRACTOR shall furnish CITY'S Clerk of the Council with an insurance certificate
from its workers' compensation insurance carrier certifying that it carries such insurance,
and the policy shall not be cancelled nor the coverage reduced during the term of this
Agreement.
B. CONTRACTOR shall obtain, at its sole cost and file with the Clerk of the Council of
CITY, prior to exercising any right or performing any obligation pursuant to this Agreement,
and maintain for the period covered by this Agreement, a policy or policies of general
liability insurance, or certificate of such insurance, satisfactory to the City Attorney of
CITY naming CITY, its officers, agents and employees as insured or additional insured,
which provides coverage not less than that provided against liability for any and all claims
and suits for damages or injuries to persons or property resulting from or arising out of
operations of CONTRACTOR, which insurance shall provide coverage for both bodily injury
and property damage in not less than the following minimum amounts: Five Hundred
Thousand Dollars ($500,000) combined single limit, or its equivalent. Said policy shall also
contain a provision that no termination, cancellation or change of coverage of insured or
additional insured shall be effective until thirty (30) days notice thereof has been given in
writing to the CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim
made or suit instituted. CONTRACTOR shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance, which, in its own judgment, may be
necessary for its proper protection in the prosecution of the work.
X. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY and
contains all the covenants and agreements between the parties with respect to such
employment in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made
by any party, or anyone acting on behalf of any party, which are not embodied herein, and
that no other agreement or amendment hereto shall be effective unless executed in writing
and signed by both CITY and CONTRACTOR.
-4-
XI. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the
State.of California, and all applicable federal statutes and regulations as amended.
XII. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall be governed
by and construed in accordance with the laws of the State of California, and all applicable
federal statutes and regulations as amended.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF HERMOSA BEACH,
a Municipal Corporation
ATTEST; State of California
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
MURRAY O. KANE
CITY ATTORNEY
d/Var Doc
MAYOR
MUNICIPAL SERVICES, INC.
-a California Corporation
ARY H. WERNER
VICE PRESIDENT
EXHIBIT B
SPECIAL FEDERAL PROVISIONS
FOR
PROFESSIONAL SERVICE CONTRACTS
A. Executive Order 11246, Equal Opportunity
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment, or recruitment advertising; layoff or termination, rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contractor's
commitment under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the Department and the Secetary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts in`
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
-6-
•(7) The Contractor will include the provisions of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States to enter into
such litigation to protect the interest of the United States.
B. Civil R.ights'Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
C. Section 109 of the Housin7 and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
made available under this title.
n. "Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities
(1) The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U. S. C.
1701u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
(2) The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuent thereto by the Secretary of Housing and Urban
Development set fourth in 24. CFR 134, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The
parties.to this contract certify and agree that they are under no contractual or
other disability which would prevent them from complying with these
requirements.
(3) The Contractor will send to each labor organization or representative of workers -
with which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or workers,
representative of his commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
- 7 -
(4) The Contractor will include this Section 3 clause
in every subcontract for work in connection with
the project and will, at the direction of the
applicant for or recipient of Federal financial
.assistance, take appropriate action pursuant to
the subcontract upon a finding that the
subcontractor is in violation of regulations under
24 CFR Part 135 and will not let any subcontract
unless the subcontractor has first provided it
with a preliminary statement of ability to comply
with the requirements of these regulations.
(5) Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department
issued hereunder prior to the execution of the
contract, shall be a condition of the Federal
financial assistance provided to the project,
binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure
to fulfill these requirements shall subject the
applicant or recipient, its contractor's or
subcontractors, its successors and assigns to
those sanctions specified by the grant or loan
agreement or contract through which federal
assistance is provided, and to such sanctions as
are specified by 24 CFR Part 135.
E. Access to and Retention of Records
The City of Hermosa Beach, the County of Los Angeles,
The Department of Housing and Urban Development, the
Comptroller General of the United States, or any of
their duly authorized representatives shall have access
to any books, documents, papers, and records of the
Contractor which are directly pertinent to this
contract, for the purpose of making audit examinations,
excerpts, and transcriptions. The Contractor shall
maintain all required records for a period of at least
five years after the City makes final payment and
closes all other pending matters.
F. Conflict of Interest
The Contractor, its agents and employees shall comply
with all applicable Federal, State and County laws and
regulations governing conflict of interest. To this
end, the Contractor will make available to its agents
and employees copies of all applicable Federal, State
and County laws and regulations governing conflict of
interest. Contractor shall furnish a written list of
all current or proposed subgrantees/subcontractors,
vendors or personal service providers, including
subsidiaries of Contractor. This list should be
limited to those subgrantees/subcontractors, vendors or
personal service providers, including subsidiaries of
the Contractor which will receive $10,000 or more
during the term of this Contract. Such a list shall
include the names, addresses, telephone numbers and
identification of principal party(ies) and a
description of services to be provided. During the
term of this Contract, Contractor shall notify the City
in writing of any change in the list of
subgrantees/subcontractors, vendors, personal service
providers or subsidiaries of the Contractor within
fiftden (15) days of any change.
2
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November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West )
of the above -referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3), and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
RE V E R L G
1
R"OGQ� G. BUCKMAN
jlw
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RE V E R L G
1
R"OGQ� G. BUCKMAN
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November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West)
of the above -referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3),_ and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
A
B U
ErEVERL G
R'OGq G. BUCKMAN
jlw
„61
M
November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West)
of the above- referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development -here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3), and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
BERTU7��
VERL G
— I �) , 'L `�� �
R'OGq G. BUCKMAN
jlw
November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West)
of the above -referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3), and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
I
B U
ERL 6 _
R'OGq G. BUCK—MA-N----
- '41.1
UCKM N
j 1 w
_,41.1
M
November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West)
of the above -referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3), and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
A
B U
VER G&E
R'OGq G. BUCKM N
jlw
_,sk
M
November 8, 1984
City of Hermosa Beach
Planning Department
1315 Valley Drive
Hermosa Beach, CA 90254
Re: 736 4th Street, Hermosa Beach,
Parcel Map 16650
Rezoning From C-3 to R-3
Gentlemen:
We are the owners of the property just adjacent (West)
of the above -referenced location and believe that the rezoning
should be granted. We do not believe that the present C-3 zoning
is conducive to this part of 4th Street as any commercial
development here would greatly increase the traffic during much
of the -day.
We have reviewed the plans that the applicant has
submitted and find them to be very compatible with recent
construction in the area. It is conceivable that we would
anticipate some type of comparable development on our property
(zoned R-3), and we are prepared to provide a 5' easement on our
property in exchange for a reciprocal 5' easement on the
applicant's property.
Again, we recommend the zone change be approved and keep
the commercial development on Pacific Coast Highway.
Very Truly Yours,
I "-
B U
VERL G
R'OGq G. BUCKMAN
jlw _"Ilk
October 17, 1984
HONORABLE MAYOR and MEMBERS of the REGULAR MEETING of
HERMOSA BEACH CITY COUNCIL November 13, 1984
TRANSIT REPORT
Recommendation
1. That the City Council indicate a willingness to designate the City of Hermosa
Beach as the lead agency in the administration of the ESEA Shuttle project. As
the lead agency, the City can begin the process and move the project forward.
2. Authorize staff to proceed with an RFP for shuttle services; said administrative
time to be covered by Proposition A funding from the two participating
agencies.
Background
At the regular meeting of August 28, 1984, the City Council directed the City
Manager to contact the employers in E1 Segundo and find out how many of their
employees live in Hermosa Beach, how many cars are involved, and what type of
ride -sharing, etc. would be most helpful in relieving congestion.
At the regular meeting of May 18, 1983, the City Council approved the concept of an
ESEA Shuttle. And, at the regular meeting of January 10, 1984, the City Council
allocated $33,250 of Proposition A monies from FY 83-84 towards the project.
Analysis
The concept of an ESEA Shuttle between Hermosa Beach, Manhattan Beach, and the El
Segundo Employment Center has been talked about for the past few years. Manhattan
Beach City Council has conceptually approved a shuttle starting at Herondo in
Hermosa Beach, then following Hermosa, Manhattan, and Highland Avenues. Service
would be contracted out with runs being made every morning and evening.
There are approximately 884 Hermosa Beach residents who are ESEA members. If even
half of these residents used the shuttle, it would help alleviate congestion.
ESEA had estimated the shuttle to cost approximately $95,000 a year. Hermosa Beach
has allocated $33,250 of Proposition A monies from FY 83-84 to be used for the
shuttle; Manhattan Beach has allocated $61,750 of Proposition A funds for this project.
The most recent meeting held to discuss the shuttle was August 27, 1984. The meeting
was held at Hughes Aircraft in E1 Segundo. At that meeting Don Camph, Director of
ESEA, directed the companies of ESEA to put together an ad hoc committee. Each
company is to designate a person for this committee and the committee is scheduled to
meet as soon as possible. At that meeting, different routes and timing schedules will
be discussed.
The main reason behind the delay in the implementation of the shuttle has been ESEA's
reversal of its original offer to provide the administration of the program. Due to a
change in staff and ideology, ESEA has announced that it will help to coordinate the
individual companies in terms of marketing but will not take the responsibility of
actually administering the project.
The cooperating cities are now faced with the situation of having the money to
implement the system (through Proposition A) but not having a body to initiate and
administer the program.
Hermosa Beach can, at this point, take the lead and begin the process. This would
involve providing the time and personnel to produce an RFP, reviewing the incoming
RFPs, and selecting a company to provide the service. It would also involve some
administration of the program.
Manhattan Beach has indicated it will most likely contribute half the administration
costs. And, the Los Angeles County Transportation Commission has indicated its
willingness to provide techinical assistance in helping formulate a Request for Proposal
and choosing a transit company.
Staff feels that this project is worthy of a one year trial period. Relying on others to
accomplish it has resulted in delays of implementation. Staff therefore, recommends
that Hermosa Beach accept administrative responsibility for implementation.
Other alternatives to the City Council are:
1. Continue to try and get others to be the lead agency.
2. Drop the project.
Stacy Park Victory
Planning Intern
Kim Reardon -Crites
Planning Assistant
CONCUR:
+Greory T. Meyer
City Manager
October 25, 1984
TO: Mayor and Council
FROM: Gregory T. Meyer, City Manager
SUBJECT: CITY COUNCIL MEETINGS - PUBLIC HEARINGS
In an effort to facilitate the workability of an 11:30 p.m.
deadline for City Council meetings, I am suggesting that
there generally be a limit of three public hearings/
regular meeting. This is being implemented with the
November 13 meeting.
In that regard, the three public hearings for which
advertisements/notifications have already been made are:
Appeal from denial by the BZA of variance at
338 Pacific Coast Highway
Appeal from denial by Planning Commission of
zone change at 736 Fourth Street
Conditional Use Permit for sale of alcoholic
beverages in conjunction with operation of the
Community Center Theatre at 710 Pier Avenue.
'Greg ry eyer
City Manage
GTM/ld
cc: City Clerk
Executive Staff
HONORABLE MAYOR and MEMBERS of the
HERMOSA BEACH CITY COUNCIL
November 7, 1984
Regular Meeting of
November 13, 1984
MUNICIPAL SERVICES INC: CONTRACT FOR
ADMINISTRATION OF CDBG FUNDS
Recommendation
Staff is recommending that the attached contract between the
City of Hermosa Beach and MSI be executed.
Background
The City Council approved (through the 84-85 budget) the
utilization of the majority of the administrative funds
($12,216) for the' purpose of hiring an outside firm to
oversee the CDBG Program.
At the regular meeting of October 9, 1984, the City Council
approved the choice of Municipal Services, Inc. (MSI) as the
consultant to administer the City's program. Staff is
returning with a contract.
Analysis
The attached agreement contains the HUD requirements for
contractor services as well as terms the City requested in
the request for proposals. Staff is recommending that the
agreement be executed.
Ralp Cas aneda
Interim Planning Director
CONCUR:
a0Q A-I-Wrm AA
Greg ry T. eyer
City Manager
NOTED FOR LEGAL ASPECTS:
Murray Kane, City Attorney
�_tm Wti-('i �lZ�
Kim Reardon -Crites
Planning Assistant
NOTED FOR FISCAL IMPACT:
Viki Copeland
Finance Administrator
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HERMOSA BEACH, CALIFORNIA
AND MUNICIPAL SERVICES, INC.
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM ADMINISTRATIVE SERVICES
THIS AGREEMENT, made and entered into this day of October, 1984, by
and between the City of Hermosa Beach, a municipal corporation of the State of
California ("CITY"), and Municipal Services, Inc., a California corporation
("CONTRACTOR").
WITNESSETH
Recitals:
1. CITY is the recipient of Federal Community Development Block Grant ("CDBG")
funds administered under an operating agreement with the County of Los Angeles
Community Development Commission as a participating city under the Urban County
Program pursuant to Title I of the Housing and Community Development Act of 1974,
as amended ("Act").
2. CITY has budgeted federal funds under the Act to be used to develop and
administer a Community Development Block Grant Program (the "Program") within
the corporate limits of the City of Hermosa Beach.
3. CONTRACTOR represents that it is experienced in developing and administering
a CDBG program and has submitted a CDBG Administrative Services proposal (the
"Proposal") to administer the Program under the general direction of the City of
Hermosa Beach pursuant to and in compliance with the ordinances and regulations of
the City of Hermosa Beach and the Housing and Community Development Act of 1974,
as amended. Said Proposal is attached hereto as "Exhibit A" and incorporated herein
by this reference.
I. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide all professional and clerical services necessary
to effectively administer the tenth year program budget under the Program; to
maximize the use of previous year unexpended Program funds; and to close the
Program at the end of the tenth year pursuant to the City's direction.
B. CONTRACTOR agrees to perform the services as described in the above-
mentioned Proposal attached hereto as "Exhibit A" with the following exceptions:
1. Task 3 - CDBG Application is hereby deleted due to the City's decision not
to participate in subsequent program years. - -
2. Task 3 - Close Out Operations - A new Task 3 is added whereby all projects
completed within the term of this project shall be "closed out", meaning all
final budget and project reports shall be completed to the satisfaction of
the Los Angeles County Community Development Commission.
C. CONTRACTOR shall comply fully with all applicable federal, state, and local
laws and regulations including but not limited to the following:
1. Executive Order 11246
2. Title VI of the Civil Rights Act of 1964
3. Section 3 of the Housing and Urban Development Act of 1968
4. Section 109 of the Housing and Community Development Act of 1974
5. Access to and Retention of Records
6. Conflict of Interest
These provisions are attached hereto as "Exhibit B" and incorporated herein by
reference.
D. CONTRACTOR commits the principal personnel listed below to the project for
its duration:
Gary H. Werner, Vice President -Project Manager
Robb R. Steel, Team Coordinator
E. CONTRACTOR shall not change the above-named principal personnel assigned to
this Agreement without prior written consent of the CITY.
F. CONTRACTOR represents that he has, or will secure at his own expense, all
personnel required in performing the services under this Agreement.
G. All services required hereunder will be performed under CONTRACTOR'S
supervision by fully qualified personnel authorized or permitted under local, State or
federal law to perform such services.
H. CONTRACTOR covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, in the above-described CITY or any other interest
which would conflict in any manner or degree with the performance of its services
hereunder. The CONTRACTOR further covenants that in the performance of this
Agreement no person having any such interest shall be employed.
II. CITY'S OBLIGATIONS
A. CITY shall make available all files, plans, reports, maps, and studies related to
CONTRACTOR'S obligations under this Agreement.
B. CITY shall promptly pay CONTRACTOR as provided hereunder.
C. CITY may periodically monitor the progress of work performed under this- -
Agreement and file progress reports documenting CONTRACTOR'S performance. Said
monitoring shall be the responsibility of the City Manager or his/her designee.
D. CITY shall provide professional staff support as requested by CONTRACTOR for
implementing specific project activities under the Program which is the subject of this
Agreement.
-2-
III. TIME OF PERFORMANCE
This AGREEMENT commences on October _, 1984, and shall expire June 30, 1985,
unless otherwise provided by written amendment hereto.
IV. METHOD OF BILLING AND PAYMENT
A. Fee Schedule
CITY shall pay CONTRACTOR for services rendered under this Agreement upon
CONTRACTOR'S submission of a detailed monthly invoice showing hours worked and
tasks performed by each employee of CONTRACTOR. CITY shall pay said invoice
within fifteen (15) days after receipt thereof,roe vided, CITY is satisfied that said
expenses have been incurred within the scope of this Agreement and CONTRACTOR
is in compliance with the terms and conditions of this Agreement. CONTRACTOR
shall be paid according to the following schedule:
Position
Project Manager
Team Coordinator
Clerical
B. Incidental Expense
Person Assigned
Gary H. Werner
Robb R. Steel
Unnamed
$75.00 per hour
45.00 per hour
25.00 per hour
Printing, reproduction, and other similar services shall be reimbursed at
CONTRACTOR'S cost.
C. Maximum Fee
The maximum fee for services rendered and costs associated with printing,
reproduction and other similar services pursuant to this Agreement shall not exceed
Twelve Thousand Two Hundred Sixteen Dollars ($12,216) for any twelve (12) month
period.
V. TERMINATION
Section 501 Termination by Notice
This Agreement may be terminated by either party on thirty (30) days written notice
to the other, the effective date of cancellation being the thirtieth (30th) day following
date of said written notice and receipt thereof by the party without further action by
either party. This Agreement may also be terminated in accordance with Sections 502
and 503.
Section 502 Termination of Contract for Cause
If, through any cause, CONTRACTOR shall fail to fulfill in timely and proper manner
its obligations under this Agreement, or if the CONTRACTOR shall violate any of the
covenants, agreements or stipulations of this Agreement, the CITY shall thereupon
_S
9911
have the right to terminate this Agreement by giving written notice to CONTRACTOR
of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In such event, all finished or unfinished
documents, data, studies, and reports prepared by CONTRACTOR under this
Agreement shall, at the option of the CITY, become its property and CONTRACTOR
shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents.
Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
CONTRACTOR, and the CITY may withhold any payments to the CONTRACTOR for
the purpose of setoff until such time as the exact amount of damages due the CITY
from CONTRACTOR is determined.
Section 503 Termination for Convenience of the Ci
The CITY may terminate this Agreement any time by a notice in writing from the
CITY to CONTRACTOR. If the Agreement is terminated by the CITY as provided
herein, CONTRACTOR will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of
CONTRACTOR covered by this Agreement, less payments of compensation previously
made. Provided, however, that if less than sixty percent of the services covered by
this Agreement have been performed upon the effective date of such termination, the
CONTRACTOR shall be reimbursed (in addition to the above payment) for that portion
of the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement)
incurred by CONTRACTOR during the Agreement period which are directly
attributable to the uncomplete portion of the services covered by this Agreement. If
this Agreement is terminated due to the fault of CONTRACTOR, Section 501, of this
Agreement relative to termination shall apply.
VI. NOTICES
Formal notices, demands and communications to be given hereunder by either party
shall, unless otherwise stated, be addressed as follows:
TO CITY: Gregory T. Meyer,
City Manager
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
TO CONTRACTOR: Gary H. Werner, Vice President
Municipal Services, Inc.
712 No. Diamond Bar Blvd.
Diamond Bar, CA 91765
VII. ASSIGNABILITY
CONTRACTOR shall not in any way assign or transfer (whether by assignment or
novation) any interest in this Agreement, without the prior written consent of CITY;
rovided, however, that claims for money due or to become due CONTRACTOR from
the CITY under this Agreement may be assigned to a bank, trust company or other
-4-
financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of
any such assignment or transfer shall be promptly furnished to CITY.
VIII. HOLD HARMLESS
A. CONTRACTOR shall indemnify and hold harmless CITY, its officers, employees
and agents from and against any and all damages to property or injuries to or death of
any person or persons, including property and employees or agents of CITY, and shall
defend, indemnify and hold harmless CITY, its officers and employees, from and
against any and all claims, demands, suits, actions or proceedings of any kind or
nature, including, but not by way of limitation, workers' compensation claims,
resulting from or arising out of the negligent acts, errors or omissions of
CONTRACTOR, its employees, sub -contractors or assignees.
B. CONTRACTOR shall indemnify and hold harmless CITY, its officers and
employees, from and against any and all damages to property or injuries to or death of
any person or persons, including property and employees or agents of CITY, and shall
defend, indemnify and hold harmless CITY, its officers and employees, from and
against any and all claims, demand, suits, actions or proceedings therefore, resulting
from or arising out of the intentional or malicious acts of CONTRACTOR, its
employees, sub -contractors or assignees.
IX. INSURANCE
A. CONTRACTOR shall furnish CITY'S Clerk of the Council with an insurance
certificate from its Workers' Compensation insurance carrier certifying that it carries
such insurance, and the policy shall not be cancelled nor the coverage reduced during
the term of this Agreement. Such policy shall require thirty (30) days notice to the
CITY in writing prior to cancellation, termination or expiration of any kind.
B. CONTRACTOR shall obtain, at its sole cost and file with the CITY's Clerk of the
Council, prior to exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this Agreement, a policy or
policies of general Public Liability insurance, or certificate of such insurance,
satisfactory to the City Attorney of CITY naming CITY, its officers, agents and
employees as insured or additional insured, which provides coverage not less than that
provided against liability for any and all claims and suits for damages or injuries to
Persons or Property resulting from or arising out of operations of CONTRACTOR,
which insurance shall provide coverage for both Bodily Injury and Property Damage in
not less than the following minimum amounts: Five Hundred Thousand Dollars
($500,000) combined single limit, or its equivalent. Said policy shall also contain a
provision that no termination, cancellation or change of coverage of insured or
additional insured shall be effective until thirty (30) days notice thereof has been given
in writing to the CITY. CONTRACTOR shall give CITY prompt and timely notice of
any claim made or suit instituted. CONTRACTOR may procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance, which, in its own
judgment, may be necessary. - -
-5-
X. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto. Each party to this Agreement acknowledges that
no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and no other agreement or amendment hereto shall be effective
unless executed in writing and signed by duly authorized representatives of both CITY
and CONTRACTOR.
XI. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and all applicable federal statutes and regulations as
amended.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
ATTEST:
LERK OF THE COUNCIL
APPROVED AS TO FORM:
WEISER, KANE, BALLMER & BERKMAN
By:
MURRAY O. KANE
85/2-1
CITY OF HERMOSA BEACH
a municipal corporation,
State of California
MAYOR
MUNICIPAL SERVICES, INC.
a California corporation
GARY H. WERNER
_It
Ms. Kim Reardon -Crites
Planning Assistant
City of Hermosa Beach Planning Department
1315 Valley Drive
Hermosa Beach, California 90254
Subject: CDBG Administrative Services Proposal
Dear Ms. Reardon -Crites:
Municipal Services, Inc. welcomes the opportunity to submit this proposal for the provision
of services associated with the Community Development Block Grant Program. We are
especially qualified--t6"perform-he range of services described in your -August 6, 1984, RFP
and are confident that, given the opportunity, MSI can perform well as an integral part of
your staff. The following pages provide a brief description of our qualifications, scope of
services, and fees. This is followed by a compendium of our team mem_ bers' resumes and
corporate profile. I believe this information will enable you and your staff to determine
MSPs qualifications for this CDBG assignment.
BACKGROUND
Municipal Services, Inc. was founded in 1974 on the principle that its staff could serve public
agencies best when they functioned as an integral part of an agency's staff. This has proven
to be especially true in such cases where our staff served the Cities of Azusa, Duarte,
Irwindale and Pomona. In each of these cities, MSI serves(ed) as staff in the important task
of community development implementation. Our role varies depending upon the
community's individual needs and its implementation strategy. Nonetheless, MSI has proven
to be effective in the areas of Community Development Block Grant Administration and
redevelopment implementation.
Our most recent and current experience relative to your immediate needs is MSI's role as
CDBG Program Administrator for the City of Azusa. The City of Azusa, a participant city
in the Urban -County Program, retained MSI in 1983 to organize and administer its CDBG
Program after it realized that city staff did not have the time nor expertise to implement_ -
the program. During our tenure with the City we have accomplished the following positive
results:
Diamond Bar Executive Paris • 712 N. Diamond Bar Boulevard • Diamond Bar, California 91765 • (818) 912-5321 (714).594-2943
�'11%
Organized files pursuant to recommended CDBG format.
Improved the draw -down rate of funds.
Identified approximately $950,000 of unexpended program funds dating back to
1974 and reprogrammed them to assist in useful community development
activities.
- Improved the City's record and image with the Los Angeles County Community
Development Commission and HUD.
Expanded the program to pursue funds and opportunities previouslyoverlooked by
the City, including:
1. Jobs Bill;
2. HUD - Rental Rehabilitation Grant Program; and
3. HODAG - Housing Development Action Grant.
Our most important contribution is that by freeing staff from the burden of monitoring the
requirements of the Program (monitoring fair labor standards; filing quarterly and annual
reports; etc.) city staff could spend more time considering the productive use of funds and
concentrating their efforts towards implementation. The net result is that in Azusa the
CDBG program has become a very important part of its community development and
redevelopment implementation strategy.
The approach we have taken in the past with our clients resulted over time and as the need
presented itself. For example, during critical periods of time MSI would retain office space
in the City Hall, and our staff would spend blocks of time performing specific tasks. As
appropriate, our staff would then reduce its effort to act more as a monitor to assure a
smoothly operating program.
PROJECT TEAM
The project team proposed to manage the CDBG Program in Hermosa Beach is comprised of
a project manager, team coordinator and support personnel. They are:
Project Manager: Gary H. Werner, Vice President, Principal
Team Coordinator: Robb Steel, Economic Development Associate
Support Personnel: Clerical and Computer staff as needed.
A brief description of each key team member is provided here. Resumes are attached and
located at the back of this proposal.
Gary H. Werner - Serves as project manager for the City of Azusa in administering the
Community Developent Block Grant Program (and redevelopment advisor); reorganized the
Azusa CDBG Program to become a functional part of the City's Community Development
Implementation Program; and helped the City re-establish a positive record with the Los --
Angeles County Community Development Commission and HUD. Also, organized and
managed the implementation of the City of Rosemead Housing Rehabilitation Program, and
assisted in administering CDBG funds in the City of La Canada Flintridge.
-2-
MUNICIPAL SERVICES, INC.. _
Robb Steel - Serves as team coordinator of the CDBG Program in the City of Azusa and has
been chiefly responsible for coordinating several key facets of the program, including:
organized staff input sessions/community participation; assessed eligibility and priorities in
preparation of the 1984-85 program year application; coordinated the establishment of a
housing rehabilitation program; assisted in filing quarterly and annual reports. Mr. Steel
previously served as CDBG coordinator for the City of Lake Elsinore. -
Clerical Assistance - MSI is prepared to offer the use of its clerical staff to perform all of
the necessary reports, notices, etc. in fulfilling the tasks associated with the program. MSI's
clerical staff is trained on and utilizes Xerox 860 word processing equipment.
Computer Capabilities - MSI can, at the City's request, monitor the use of the City's CDBG
program on its IBM personal computer. Our spread sheet analysis will be programmed to
identify balance carry-over, program budgets, expenditures, and unexpended funds for each
project throughout the year.
APPROACH
It is our understanding that Hermosa Beach staff members are very much- involved in the
day-to-day administration of the City's community development and planning program. It is
our view that the City is seeking a consultant to assist in the efficient administration of the
City's CDBG program — in particular, to perform the necessary administrative tasks
associated with the CDBG program pursuant to HUD and CDC requirements such that CDBG
funds can be spent in the most -productive and time -efficient way, thereby increasing the
benefits_ of the program to the City and program recipients. More simply stated, our role
will be to reduce the need for City staff to be burdened by the administrative requirements
n
associated with .the CDBG program. We -propose to achieve this objective by administering
the program pursuant to the following Scope of Work
SCOPE OF WORK -
The following Scope of Work is intended to accomplish the complete administration of the
CDBG program pursuant to the outline of services requested by the City:
Task 1 - Administration of the FY 84-85 Program v
The FY 84-85 Program consists of the following' approved projects:
1. _ Removal of Architectural Barriers (to be reprogrammed)
2. Community Center Rehabilitation -
3. Strand Improvements
h 4. Runaway Shelter, (9th and 10th years)
5. Storm Grade Upgrade projects (including jobs bill-CDB(j)' -
6. Sewer Upgrade
7. - Administration
-_ - _ ... 8. Storm Drain
MSI_ will perform all of the administrative tasks associated with the successful completion of
each project pursuant to the current CDBG regulations ' as amended by the '-Housing and- `
Urban -Rural Recovery Act of 1983 (as recently amended), including but not limited, to the -
following:. -
_ .. .
(a) Monitoring procurement requirements pursuant to OMB Circular A-102 Attachment O
including review of bid packages to assure compliance therewith. r
MUNICIPAL SERVICES, INC.
-3-
(b) Certifications - New certifications were adopted with the 1983 amendments and
include: Fair Housing, certifying that the City will affirmatively further fair housing;
Maximum Feasibility Priority which certifies that in the aggregate, 51% of the CDBG
(and Section 108 loan guarantee) funds will be used for activities that benefit low- and
moderate -income persons; Community Development Plan, which certifies that the
City has prepared a community development plan in compliance with Maximum
Feasibility Priority; and other certifications relative to special assessments, civil
rights, and "other provisions of the Act".
(c) Meeting the requirements of Executive Order 12372 - MSI will perform the procedures
necessary to achieve compliance with this Executive Order, including submission of
the City's final statement to the State Clearinghouse and the Metropolitan Planning
organization (SLAG).
(d) Amendments to Final Statements - Any amendments to the City's approved Final
Statement must be accomplished pursuant to new statutory requirements, including
reasonable notice to citizens. MSI will perform the tasks necessary to assure
compliance therewith, including a determination of whether the change is substantial,
and notification requirements.
(e) Pursuant to HUD requirements, and in coordination with the Community Development
Commission, MSI will prepare all quarterly and annual reports,
contractor/subcontractor reports, Grantee Performance Reports, as required. MSI
will also respond to and coordinate with the City's CDC representative.
(f) During the course of our administration, MSI will make recommendations as deemed
appropriate to help streamline the administration of the program.
(g) Conduct periodic meetings with City staff to keep them abreast of program schedules,
federal program requirements, and program progress.
Task 2 - Maintain Files
MSI will organize and maintain files in conformance with CDC and HUD requirements. MSI
staff will orient the appropriate city staff so as to assure proper filing throughout the year.
Task 3 - CDBG Application
MSI will coordinate with City staff and conduct informational meetings to identify program
activities for the 1985-86 program year. This will include staff meetings, citizen
participation, evaluation and prioritization of all eligible activities identified and consistent
with the Community Development Plan.
MSI will prepare a completed set of project description forms with supporting data, initial
environmental review and a priority ranking for funding.
(a) Pursuant to HUD requirements, MSI will prepare notification of and final
statement notices for publication. A "Preliminary Statement of Community
Objectives" identifying the budget parameters will precede the required public- -
hearing prior to approval. This will be followed by a published "Final Statement
of Community Objectives and Grant Applications". It is anticipated that the
time frame involved in soliciting public input, staff input and in analyzing
proposed projects will require approximately three months.
MUNICIPAL SERVICES,,INC.
-4- \ "" -
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EXHIBIT B
SPECIAL FEDERAL PROVISIONS
FOR
PROFESSIONAL SERVICE CONTRACTS
A. Executive Order 11246, Equal Opportunity
During the Performance of this Agreement the CONTRACTOR agrees as
follows:
(1) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The CONTRACTOR will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment, or recruitment
advertising; layoff or termination, rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of the CONTRACTOR, state that all
qualified applicants will receive consideration without regard to race,
color, religion, sex, or national origin.
(3) The CONTRACTOR will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding a notice to be provided [by the Contract
Compliance Officer] advising the said labor union or workers'
representatives of the CONTRACTOR' commitment under this section, and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and orders of
the Secretary of Labor.
(5) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the CONTRACTOR'S noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part and the CONTRACTOR may be declared
Exhibit B
Page 1 of 4 `
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(7) The CONTRACTOR will include the provisions of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
CONTRACTOR will take such action with respect to any subcontract on
purchase order as the adminstering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a CONTRACTOR becomes involved
in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the CONTRACTOR
may request the United States to enter into such litigation to protect the
interest of the United States.
B. Civil Rivhts Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
C. Section 109 of the Housing and Community Development Act of 1974
(a) No person in the United States shall on the ground of race, color, national
origin, or sex be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
(b) Whenever the Secretary determines that a State or unit of general local
government which is a recipient of assistance under this title has failed to
comply with subsection (a) or an applicable regulation, he shall notify the
Governor of such State or the chief executive officer of such unit of local
government of the noncompliance and shall request the Governor or the
chief executive officer to secure compliance. If within a reasonable period
of time, not to exceed sixty days, the Governor or the chief executive
officer fails or refuses to secure compliance, the Secretary is authorized to
(1) refer the matter to the Attorney General with a recommendation that
an appropriate civil action be instituted; (2) exercise the powers and
functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d); (3) exercise the powers and functions provided for in section 111(x)
of this Act; or (4) take such other action as may be provided by law.
(c) When a matter is referred to the Attorney General pursuant to subsection
(b), or whenever he has reason to believe that a State government or unit
of general local government is engaged in a pattern or practice in violation
Exhibit B
Page 2 of 4 `
of the provisions of this section, the Attorney General may bring a civil
action in any appropriate United States district court for such relief as
may be appropriate, including injunctive relief.
D. "Section 3" Compliance in the Provision of Training, Employment and Business
pP�funi I ies
(1) The work to be performed under this contract is on a project assisted under
a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection
with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the area of the project.
(2) The parties to this contract will comply with the provisions of said section
3 and the regulations issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR 135, and all applicable rules
and orders of the Department issued thereunder prior to the execution of
this contract. The parties to this contract certify and agree that they are
under no contractual or other disability which would prevent them from
complying with these requirements.
(3) The CONTRACTOR will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or to her
contract or understanding, if any, a notice advising said labor organization
or workers' representative of his commitments under section 3 clause and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training.
(4) The CONTRACTOR will include this section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
(5) Compliance with the provisions of section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued
hereunder prior to the execution of the contract, shall be a condition of the
Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors or subcontractors, its successors, and assigns to
those sanctions specified by the grant or loan agreement or contract -
through which federal assistance is provided, and to such sanctions as are
specified by 24 CFR Part 135.
Exhibit B : r
Page 3 of 4
E. Access to and Retention of Records
The City of Hermosa Beach, the County of Los Angeles, The Department of
Housing and Urban Development, the Comptroller General of the United States,
or any of their duly authorized representatives shall have access to any books,
documents, papers, and records of the CONTRACTOR which are directly
pertinent to this Agreement, for the purpose of making audit examinations,
excerpts, and transcriptions. The CONTRACTOR shall maintain all required
records for a period of at least five years after the CITY makes final payment
and closes all other pending matters.
F. Conflict of Interest
The CONTRACTOR, its agents and employees shall comply with all applicable
Federal, State and County laws and regulations governing conflict of interest.
To this end, the CONTRACTOR will make available to its agents and employees
copies of all applicable Federal, State and County laws and regulations governing
conflict of interest. CONTRACTOR shall furnish a written list of all current or
proposed subgrantees/subcontractors, vendors or personal service providers,
including subsidiaries of CONTRACTOR. This list should be limited to those
subgrantees/subcontractors, vendors or personal service providers, including
subsidiaries of the CONTRACTOR which will receive $10,000 or more during the
term of this Contract. Such a list shall include the names, addresses, telephone
numbers and identification of principal party(ies) and a description of services to
be provided. During the term of this Contract, CONTRACTOR shall notify the
CITY in writing of any change in the list of subgrantees/subcontractors, vendors,
personal service providers or subsidiaries of the CONTRACTOR within fifteen
(15) days of any change.
Exhibit B
.T
Page 4 of 4
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of
Hermosa Beach held on Tuesday, November 13, 1984 at the hour of
7:30 P.M.
CLOSED SESSION - 6:09 P.M.
Present - Brutsch, Cioffi (arrived 6:12 P.M.), DeBellis, Mayor
Pro Tem Wood
Absent - Mayor Barks (excused absence)
PLEDGE OF ALLEGIANCE - Joe Petrucelli
ROLL CALL
Present: Brutsch, Cioffi, DeBellis, Mayor Pro Tem Wood
Absent: Mayor Barks (excused absence)
PROCLAMATIONS: 1736 Center Holiday Concert Day,
Sunday, November 18, 1984 - accepted with thanks
by ex -Councilman Lance Widman
Endorsement of Club Access, non-profit enter-
prise providing entertainment and mobility for
the handicapped.
1. CONSENT CALENDAR
ACTION - To approve the consent calendar items (a) through
(n) with the exception of the following items which were
pulled for separate discussion but are listed in order
for clarity: (c) DeBellis, (f) DeBellis, (i) Brutsch,
(1) DeBellis and (m) pulled at the request of the City
Manager. Mayor Pro Tem Wood cast a "NO" vote on item (n).
Motion Wood, second Brutsch. So ordered noting a
unanimous aye vote on the waiver of further reading of
item (n) the title of which was read into the record.
Absent - Mayor Barks
(a) Approval of Minutes: Regular meeting of the City Council
held on October 23, 1984.
ACTION - To approve minutes.
(b) Demands & Warrants: November 13, 1984.
ACTION - To approve Demands & Warrants No. 15320 through
15325 and 15327 through 15520 inclusive noting voided
warrants 15330-15332, 15396, 15397, 15483. 15495 and
15505.
(c) Claim for Damages - Kevin Okura, 1186 Pelon Way, Monterey
Park, Ca 91754 represented by Edwin J. Wilson, Jr. Atty.,
1440 Broadway, Ste. 904, Oakland, CA 94612, filed October
29, 1984.
1 Minutes 11-13-84
0
ACTION - To deny claim and refer to this City's insurance
carrier and appoint the City Attorney to act as co -counsel
with the insurance carrier on this claim.
Motion DeBellis, second Brutsch. So ordered noting the
absence of Mayor Barks.
(d) Claim for Damages: Thomas M. Emerson, 2209 Curtis Avenue,
#4, Redondo Beach, 90278, filed November 5, 1984.
ACTION - To deny claim and refer to this City's insurance
carrier.
(e) City Manager Activity Report: Memorandum from City Man-
ager Gregory T. Meyer dated November 8, 1984.
ACTION - To receive and file.
(f) Tentative Future Agenda Items.
ACTION - To receive and file and instruct the City Manager
to contact the Independent Cities Risk Management Assn.
regarding insurance rates for City insurance.
Motion DeBellis, second Brutsch. So ordered noting the
absence of Mayor Barks.
(g) Unofficial results November 6 election: Memorandum from
City Clerk Kathleen-Reviczky dated November 8, 1984.
ACTION - To receive and file.
(h) Police Activity Report: September, 1984.
ACTION - To receive and file.
(i) Industrial Development Bonds: Memorandum from City Man-
ager Gregory T. Meyer dated November 7, 1984.
ACTION - To receive and file.
(j) Approval of contract with Municipal Services! Inc. for
administration of CDBG funds. Memorandum from Planning
Assistant Kim Reardon Crites dated November 7, 1984.
ACTION - To approve contract.
(k) Report on Public Improvement Assessments. Memorandum from
Public Works Director Anthony Antich dated November 8,
1984.
ACTION - To receive and file.
- 2 - Minutes 11-13-84
(1) Report on sidewalk requirement for Friedman construction
at 573 - 18th Street. Continued from 10�9�8 meeting.
Memorandum from Building & Safety Director William Grove
dated November 6, 1984.
ACTION - To ask the City Attorney to review the sidewalk
lien policy and bring back to Council.
Motion DeBellis, second Cioffi. So ordered noting a "NO"
vote by Wood and the absence of Mayor Barks.
(m) Required reporting re. City Investments. Memorandum from
City Manager Gregory T. Meyer dated October 31, 1984.
ACTION - To approve staff recommendation
(n) ORDINANCE NO. 84-778 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HERMOSA BEACH ADDING TO THE ZONING CODE, SEC-
TION 229.1 LOT COVERAGE. For waiver of further reading
and adoption.
ACTION - To waive further reading of Ordinance No. 84-778
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH ADDING TO THE ZONING CODE, SECTION 229."
Motion Wood, second Brutsch. So ordered.
FURTHER ACTION - To adopt Ordinance No. 84-778.
Motion Wood, second Brutsch
AYES - Brutsch, Cioffi, DeBellis
NOES - Wood
ABSENT - Mayor Barks
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
Letter and petition from Stacey T. Percan and Sandra
Bartiromo, 721-A 6th Street, dated October 25, 1984,
grievance re. Learned Lumber operations.
ACTION - To receive and file for written communications at
the next meeting.
Motion Wood, second Brutsch. So ordered.
PUBLIC HEARINGS
3. POLICE ASSOCIATION DEMANDS: WAGES, HOURS AND WORKING CON-
DITIONS. Letter from Hermosa Beach Police Officers As-
sociation dated October 19, 1984. Memorandum from City
Manager Gregory T. Meyer dated November 7, 1984. Supple-
mental information - letters from T. H. McMahon, Jr., OD
dated November 13, 1984 and Peter Heth.
Mayor Pro Tem Wood advised that the City Council would
hear testimony and would then recess to a Closed Executive
Session to make their decision. They would then reconvene
and announce their decision to the public.
- 3 - Minutes 11-13-84
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rent them the property at an amount not to exceed $25.00
per month for the playground area.
Motion Wood, second Brutsch. So ordered noting the
absence of Mayor Barks.
13. ELIMINATION OF FREE GUEST PARKING PASSES. Memoradum from
Acting Public Works Director William Grove dated October
31, 1984.
ACTION - To refer to staff for an extensive analysis to
include a provision for the large number of parking
permits for unique circumstances and to particularly
attack the abuses without doing away with the free parking
permit completely. This report to be returned to Council
the first meeting in January.
Motion Wood, second Brutsch
AMENDMENT TO THE MOTION - Staff to return with a proposed
resolution establishing a guest parking permit policy.
Motion DeBellis - accepted by both the maker and second of
the motion.
So ordered noting the absence of Mayor Barks.
14. CONSENT CALENDAR ITEMS REMOVED FOR SEPARATE DISCUSSION.
The following items were pulled for separate discussion
but are listed on the Consent Calendar for clarity:
(c) DeBellis, (f) DeBellis, (1) DeBellis, and (m) Wood -
pulled at the request of the City Manager.
15. MEETING OF THE HERMOSA BEACH VEHICLE PARKING DISTRICT
COMMISSION.
ACTION - To recess the regular meeting of the City Council
of the City of Hermosa Beach to a meeting of the Hermosa
Beach Vehicle Parking District.
Motion Wood, second Brutsch. So ordered noting the
absence of Mayor Barks
The Regular Meeting of the City Council of the City of Hermosa
Beach was recessed at the hour of 10:15 P.M. to a meeting of the
Vehicle Parking District Commission.
The meeting reconvened at the hour of 10:20 P.M.
16. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. Gould/27th Street Traffic Circulation Status Report
continued from 10/23 meeting). Memorandum from
City Manager Gregory T. Meyer dated October 19, 1984.
ACTION - To receive and file.
Motion Brutsch, second Wood. So ordered noting the
absence of Mayor Barks
- 10 - Minutes 11-13-84
b. Request for Closed Session 11/27/84. Memorandum from
City Manager Gregory T. Meyer dated November 8, 1984.
ACTION - To convene a Closed Executive Session on
November 27, 1984 at 6:30 P.M. for discussion of
matters of personnel and litigation.
Motion Brutsch, second Wood. So ordered noting the
absence of Mayor Barks
C. Implementation of recent State and Federal Legisla-
tion. Memorandum from City Manager Gregory T.
Meyer dated November 8, 1984.
ACTION - To request a report back from each operating
department regarding the implementation of this
legislation.
Motion Wood, second Brutsch. So ordered noting the
absence of Mayor Barks.
FINAL ACTION - The requested reports to be brought
to Council the first meeting in January.
Motion Wood, second Brutsch. So ordered noting
the absence of Mayor Barks.
d. Recommendation to set interview date re. City Attorney
Recruiting. Memorandum from City Manager Gregory T.
Meyer dated November 8, 1984.
PROPOSED ACTION - The City Council to look at all
applicants for the position of City Attorney.
Motion Brutsch, second DeBellis
Withdrawn by the maker of the motion with the con-
currence of the second.
ACTION - The City Attorney to attempt to narrow down
to two the applicants to be interviewed by the City
Council, provide them with three if he is unable to
narrow the field to two, and give them a synopsis of
every proposal with sufficient lead time so that
individual councilmembers can request interviews wih
any or all.
Motion Wood, second Brutsch
AMENDMENT TO MOTION - The City Manager to provide
Council with a list of firms/individuals sent the RFP.
Motion DeBellis - accepted by both the maker and the
second of the motion.
So ordered noting the absence of Mayor Barks.
City Manager Meyer stated that they planned to do this
for the Closed Executive Session of November 27.
17. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. Railroad right-of-way Subcommittee Report - wood
- 11 - Minutes 11-13-84
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Mayor Pro Tem Wood
P.O. FOR PLANNING CONSULTANT
ACTION - To allocate $2,000 to be paid from Prospective
Expenditures to pay Mr. Cotton, Planning Consultant.
Motion Brutsch, second Wood. So ordered noting the
absence of Mayor Barks.
OIL
ACTION - When the canvass of the vote of the November 6
election is complete, the City Manager is to prepare a
comprehensive plan of operation for oil drilling including
the date of passage of the Ordinance (next meeting).
Motion Wood, second Brutsch. So ordered noting the
absence of Mayor Barks.
RFP FOR OIL DRILLING
ACTION - To ask the City Manager to recommend an approach
at the next City Council meeting (November 23).
Motion Wood, second DeBellis. So ordered noting the
absence of Mayor Barks.
OUTSTANDING EXPENSE REPORTS - When asked if there were
any outstanding City Council expense reports, City Manager
Meyer advised that there were none.
APPLICATION FOR FUNDS FOR RAILROAD RIGHT-OF-WAY - City
Manager Meyer advised that the application for the grant
to purchase the railroad right-of-way was submitted
November 1.
Councilman Brutsch asked that he be granted an excused absence
for the November 23, 1984 City Council meeting as he and Mayor
Barks will be attending the National League of Cities in
Indianapolis.
ADJOURNMENT
On a motion by Councilman Brutsch, seconded by Councilman DeBel-
lis, the Regular Meeting of the City Council of the City of Her-
mosa Beach was adjourned at the hour of 10:45 P.M. on Tuesday,
November 13, 1984, to a Regular Meeting to be held on Tuesday,
November 23, 1984 at the hour of 7:30 P.M. preceded by a Closed
Executive Session at 6:30 P.M.
- 13 - Minutes 11-13-84
Mayor Pro Tem Wood
P.O. FOR PLANNING CONSULTANT
ACTION - To allocate $2,000 to be paid from Prospective
Expenditures to pay Mr. Cotton, Planning Consultant.
Motion Brutsch, second Wood. So ordered noting the
absence of Mayor Barks.
OIL
ACTION - When the canvass of the vote of the November 6
election is complete, the City Manager is to prepare a
comprehensive plan of operation for oil drilling including
the date of passage of the Ordinance (next meeting).
Motion Wood, second Brutsch. So ordered noting the
absence of Mayor Barks.
RFP FOR OIL DRILLING
ACTION - To ask the City Manager to recommend an approach
at the next City Council meeting (November 23).
Motion Wood, second DeBellis. So ordered noting the
absence of Mayor Barks.
OUTSTANDING EXPENSE REPORTS - When asked if there were
any outstanding City Council expense reports, City Manager
Meyer advised that there were none.
APPLICATION FOR FUNDS FOR RAILROAD RIGHT-OF-WAY - City
Manager Meyer advised that the application for the grant
to purchase the railroad right-of-way was submitted
November 1.
Councilman Brutsch asked that he be granted an excused absence
for the November 23, 1984 City Council meeting as he and Mayor
Barks will be attending the National League of Cities in
Indianapolis.
ADJOURNMENT
On a motion by Councilman Brutsch, seconded by Councilman DeBel-
lis, the Regular Meeting of the City Council of the City of Her-
mosa Beach was adjourned at the hour of 10:45 P.M. on Tuesday,
November 13, 1984, to a Regular Meeting to be held on Tuesday,
November 23, 1984 at the hour of 7:30 P.M. preceded by a Closed
Executive Session at 6:30 P.M.
- 13 - Minutes 11-13-84