HomeMy WebLinkAbout12/06/83MINUTES OF THE REGULAR ADJOURNED MEETING of the City Council of
the City of Hermosa Beach, California•, • held on Tuesday, December
6, 1983 in the Council Chambers at City Hall at the hour of 7:30
P.M.
CLOSED SESSION - Council adjourned to a closed session at 6:30
P.M. for the purpose of discussion of personnel/litigation. All
members were present.
PLEDGE OF ALLEGIANCE - Led by Fire Chief Ronald Simmons
ROLL CALL
Present: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer
Absent: None
PROCLAMATIONS
National Drunk & Drugged Driving Awareness Week December 11-
17, 1983 .
1. CONSENT CALENDAR
O
ACTION - To approve the Consent Calendar with the exception
of item (c) - Demands and Warrants pulled by Councilmember Wood
for separate vote/discussion. This item is listed in con-
secutive order for clarity.
Motion Mayor Schmeltzer, second Brutsch. So ordered.
(a) Approval of Minutes: Regular Adjourned Meeting of the
City Council held November 15 1983.
ACTION - To approve minutes.
(b) Approval of Minutes: Regular Meeting of the City Council
held on November 22, 1983.
ACTION - To approve minutes.
(c) Demands & Warrants: December 6, 1983.
ACTION - To approve Demands & Warrants Nos. 012291 through
012418 inclusive, 012086 to be posted and noting
voided checks as follows: 012299 through 012.327 and 012356.
Motion Mayor Schmeltzer, second Brutsch
AYES.- Barks, Brutsch, Webber, Wood - noting his "NO" vote on
Warrant No. 012398 (Richards, Watson and Dreyfuss)
and abstention on Warrant No. 012296 (Hermosa
Beach Chamber of Commerce), Mayor Schmeltzer
NOES - None
Minutes 12-6-83
(d)
ASPHALT CONCRETE OVERLAY AND OTHER''RELATED APPURTENANCES
ON THE HERM)SA BEACH COMMUNITY CENTER PARKING LOT - CIP 188.
Memorandum from Charles Clark, Director of Public Works,
dated November 30, 1983.
ACTION - To award the contract for the installation of an
asphaltic concrete overlay and other related appurtenances
at the Hermosa Beach Community parking lot to Sully Miller
Company of Long Beach, California. Additionally, that
$9,500.00 be allocated from the Parks and Recreation
Facility Tax Fund for this project. This project is
currently listed in the 1983-84 budget as Capital Improve-
ment Project #188.
(e) Claim for Damages: Carl Parker, 1905 Plant Avenue,
Redondo Beach, represented by Atty. Joseph Cobert, Suite
206, 9025 Wilshire Boulevard, Beverly Hills, CA 90211,
filed November 18, 1983.
ACTION - To deny claim and refer to this City's insurance
carrier.
(f) Claim for Damages: Diane Florian, 6848 Citriadora
Court, Garden Grove, represented by Raymond T. Kaiser,
Atty., 100 Oceangate, Suite 1200, Long Beach, CA, filed
November 22, 1983.
ACTION - To deny claim and refer to this City's insurance
carrier.
(g) Claim for Indemnification: County of Los Angeles against
the City of Hermosa Beach re Sheila Tarrant vs. County of
Los Angeles, et al, filed November 22, 1983.
ACTION - To deny claim and refer to this City's insurance
carrier.
(h) Summons & Complaint: Joseph E. Kovaleski vs. City of
Hermosa Beach; Police Officer Eric Milse; and Does 1 through
50, represented by Ramsey & McNulty, 21515 Hawthorne Boule-
vard, Suite 970, Torrance, CA, filed November 17, 1983,
ACTION - To deny claim and refer to this City's insurance
carrier.
(i) Claim for Damages: Kathleen Murdock, 830 Strand,
Hermosa Beach,_,filed November 29, 1983.
ACTION - To deny claim and refer to this City's insurance
carrier.
IRE„
(j) Claim for Damages: Josephine Ann Boyer, 428 No.
Francesca, Redondo Beach, filed November 29, 1983.
Minutes 12-6-83
2
ACTION - To deny claim and refer to this City's insurance
carrier.
(k) RESULTS OF NOVEMBER 8, 1983 ELECTION. Memorandum from
City Clerk Charlotte Malone dated November 29, 1983.
ACTION - To adopt Resolution No. 83-4650 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD IN SAID CITY ON NOVEMBER 8, 1983, DECLARING
THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED
BY LAW".
(1) PART -T IME CLERK TYPIST POSITION, DEPARTMENT OF COMMUNITY
SERVICES. Memorandum from Alana M. Mastrian, Director
of Community Resources, dated December 1, 1983.
ACTION - To modify the 1983-84 budget (as of 1-1-84) to
include one permanent position of part-time Clerk Typist
in the Department of Community Resources @ $700/mo.
RECOMMENDATION TO ADOPT A RESOLUTION TO ALLOW HERMOSA BEACH
PARTICIPATION IN THE FEDERAL SURPLUS PERSONAL PROPERTY DONA-
TION PROGRAM; AND TO DESIGNATE SPECIFIC REPRESENTATIVES TO
ACQUIRE PROPERTY FOR THE CITY THROUGH THE STATE AGENCY. FOR
SURPLUS PROPERTY. Memorandum from Gregory T. Meyer, City
Manager dated November 28, 1983.
ACTION - To adopt Resolution No. 83-4651 entitled
"RESOLUTION"of the California State Dept. of Education,
Office of Surplus Property.
(n) CROSSING GUARD DISTRICT. Memorandum from Charles Clark,
Director of Public Works, dated December 1, 1983.
ACTION - To adopt Resolution No. 83-4652 entitled "A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 2, CHAPTER 3.5, TITLE 5,
OF "THE CROSSING GUARD MAINTENANCE DISTRICT" (ACT OF 1974),
BEING DIVISION 2, OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, FOR THE FORMATION OF A CROSSING GUARDS MAINTEN-
ANCE DISTRICT IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR
THE FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30;
1985."
(m)
(o) LANDSCAPING DISTRICT. Memorandum from Charles Clark,
Director of Public Works, dated December 1, 1983.
ACTION - To adopt Resolution No. 83-.4653 entitled "A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2,
"LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15,
Minutes 12-6-83
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR
THE MAINTENANCE OF THE LANDSCAPING =AND THE REPLACEMENT
THEREOF, IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE
FISCAL YEAR COMMENCING ON JULY 1, 1984 AND ENDING JUNE 30,
1985."
(p) City Treasurer's Report: October, 1983.
ACTION - To receive and file.
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC
None
HEARINGS
3. APPEAL FROM DENIAL BY THE BOARD OF ZONING ADJUSTMENTS FOR A
MURAL AT 127 PIER AVENUE (SECOND SKIN). Ms. Marsha Proud,
Appellant. Memorandum from Acting Building Director
William Grove dated November 30, 1983. Supplemental infor-
mation - Memorandum from Charles J. Post, City Attorney,
dated December 1, 1983 and Letter from Violet Oaklander,
Ph.D, dated December 2, 1983.
The staff reported was presented by Acting Building Director
Bill Grove.
The Hearing was opened.
Speaking before the Councilwas the appellant, Marsha Proud,
stating that they have attempted to stay within the sign
limitations with their mural and feel they have used color in
moderation and have made an improvement in the area.
No one else coming forward, the Hearing was closed.
ACTION - To grant the appeal, overturning the decision of
the Board of Zoning Adjustments, and instruct staff to
propose more precise guidelines for mural review.
Motion Wood, second Webber
AYES - Barks, Brutsch, Webber, Wood, Mayor Schmeltzer
NOES - None
MUNICIPAL MATTERS
4. REGULAR MUNICIPAL ELECTION APRIL 10, 1984. Memorandum from
City Clerk Charlotte Malone dated November 29, 1983.
ACTION - To accept the staff recommendation as follows:
(1) To accept the proposal of Martin ac Chapman Company for
elections services in the amount of $5,322.88 or
$4,790.38 (depending on the ballot counter used).
Minutes 12-6-83
(2) To adopt the attached routine.resolutions as follows:
Resolution No. 83-4654 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
APRIL 10, 1984, FOR THE ELECTION OF CERTAIN OFFICERS
OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL
LAW CITIES."
Resolution No. 83-4655 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO RENDER SPECIFIED SERVICES TO SAID CITY
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON TUESDAY, APRIL 10, 1984."
Resolution No. 83-4656 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORATE, AND THE COSTS OF THE CANDIDATE'S STATE-
MENTS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY ON TUESDAY, APRIL 10, 1984."
(3) To print a proviso in Spanish on the Sample Ballot to
the effect that all materials are available in
Spanish upon'request of the office of the City Clerk.
Motion Wood, second Brutsch
AYES - Barks, Brutsch, Webber, Wood, Mayor Schmeltzer
NOES - None
5. ENGINEERING AND TRAFFIC SURVEY. Memorandum from
Director of Public Works Charles Clark dated November 30,
1983.
The staff report was presented by City Manager Gregory T.
Meyer.
Answering questions of Council regarding specific high. -
incident areas was Sergeant Walters, Traffic Division Super-
visor. He noted the following statistics from a. recent
quarterly report from the State Traffic System which keeps
a tabulation of our auto accidents:
Pacific Coast Highway 87 accidents YTD 27%
Hermosa Avenue 53 accidents YTD 17%
Aviation 30 accidents YTD 9%
Pier Avenue 4%
Sergeant Walters advised Council that there has been a
Minutes 12-6-83
5
reduction in traffic accidents in the City which includes a
decrease of speed -related accidents by 7396 and drunk -
driving -related accidents by 75%.
ACTION - To adopt the recently completed Engineering and
Traffic Survey which sets speed limits on City streets.
This survey was done in conformance with Chapter 3,
Section 40802 of the California Vehicle Code.
Motion Wood, second Webber. So ordered.
Prior to the above vote, City Attorney Post noted that any
vote can be taken by a "no objection" vote unless someone
requests a roll call, the key point being that the City
Clerk understands who votes yes and who votes no. For money
issues, there must be a showing that there are three votes,
whether it is done by a roll call or some other method.
6. RESOLUTION AUTHORIZING THE CITY TO IMPOSE A FEE FOR
PARAMEDIC/AMBULANCE TRANSPORTATION. Memorandum from Fire
Chief Ron Simmons dated November 28, 1983.
The staff report was presented by City Manager Gregory T.
Meyer noting that this resolution repeals Resolution No.
83-4619.
ACTION - To adopt Resolution No. 83-4657 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING A FEE FOR THE FIRE DEPARTMENT
PARAMEDIC AMBULANCE TRANSPORTATION".
Motion Mayor'Schmeltzer, second Brutsch
City Attorney Post suggested that the following changes be
made in the body of the resolution:
Line 18 - NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH DOES HEREBY RESOLVE:
1. RESOLUTION 83-4619 establishing a fee of $15.00
is repealed, and
2. A Fire Department Paramedic fee of is
hereby established.
The maker of the motion and the second both concurred with
these changes.
AYES - Barks, Brutsch, Webber, Mayor Schmeltzer
NOES - Wood
Prior to the vote on the above action, City Attorney Post,
when asked by Council if the additional fee for out -of -City
residents was justifiable on a legal basis, stated that it
was, noting that frequently there is a distinction between
residents and non-residents being that residents pay a
portion of the fee through their taxes.
Minutes 12-6-83
6
7. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
Item 1(c) Demands and Warrants pulled by Councilmember
Wood. This item was discussed but is listed in consecutive
order for clarity.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) Activity Report.
ACTION - To receive and file.
Motion Webber, second Brutsch. So ordered
(b) Tentative Future Agenda Items.
ACTION - To receive and file with the addition of reports on
project management and vehicle maintenance requested by Brutsch
and a list of employees who have a quasi -contract relationship
with the City - Wood. Wood will furnish proposal for a
standard method of handling this relationship.
Motion Webber, second Brutsch. So ordered.
(c) Expenditure Report - October, 1983.
ACTION - To receive and file
Motion Wood, second Brutsch. So ordered.
Councilmember Brutsch stated that department heads
must be made aware that they are accountable for
their budgets noting that the Police, Fire and Planning
Departments should bring their expenditures back
into line. He also asked that Public Works Director
Clark be congratulated on his budget performance.
(d) Revenue Report - October, 1983
ACTION - To receive and file
Motion Wood, second Mayor Schmeltzer. So ordered.
(e) Request for Closed Session December 13, 1983.
Memorandum from City Manager Gregory T. Meyer dated
December 1, 1983.
ACTION - To approve the request to convene a closed
session at 6:30 P.M. on Tuesday, December 13, 1983 for
the purpose of meet and confer and matters of
litigation.
Motion Wood, second Mayor Schmeltzer. So ordered.
(f) Review of Expense Report Forms. Memorandum from
City Manager Meyer dated December 2, 1983.
Continued to the meeting of December 13, 1983.
Motion Mayor Schmeltzer, second Brutsch. So ordered.
Minutes 12-6-83
7
(g) April 1984 Municipal Election. Memorandum from
City Manager Meyer dated December 2, 1983.
Councilmember Wood stated that he wished to take
three ballot measures before the people regarding the
school sites. Mayor Schmeltzer also wished to take a
ballot measure to the people -regarding the possibility
of making the City Treasurer's position an appointed
position rather than an elected position.
City Clerk Malone noted that the resolution calling the
election must be adopted on January 10, 1984 so there
would not be enough time unless these measures were
approved on December 13 for inclusion on the ballot.
PROPOSED ACTION - To ask the City Attorney to have back
for the December l3meet ing the language for a ballot
proposition to change the position of City Treasurer
from an elected position to an appointed position.
To also have on the agenda for December 13 an item
regarding the school properties by Mr. Wood, Mr. Wood
to furnish the wording.
RESTATED ACTION - To direct the City Attorney to draw
up a ballot proposition to be placed before the
electorate to decide the question of whether the
position of City Treasurer should be an elected
position or an appointed position - to be on the City
Council agenda for discussion on December 13.
Motion Mayor Schmeltzer, second Brutsch
AYES - Barks,. Brutsch, Wood, Mayor Schmeltzer
NOES - Webber
FURTHER ACTION - To have the City Attorney prepare
three ballot propositions for approval of the voters
with regard to the sale of school sites as follows:
1. Should the South School site be developed
into 99 condominiums?
2. Should the school sites be rezoned and sold
to developers for the purpose of housing?
3. Should the City and the Board of Education (School
Board) enter into a bonding agreement to provide
"X" millions of dollars for the construction
of additional school facilities at Hermosa
Valley School?
Motion Wood, second Webber
AYES - Brutsch, Wood, Webber
NOES - Barks, Mayor Schmeltzer
Minutes 12-6-83
Prior to the vote on the above, Councilmember Wood
noted that he expects these three measures to be
advisory rather than mandatory.
City Attorney Post stated that if the Development
Agreement between., the City and. the School District is
approved prior to the election, an advisory vote would
have no effect.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
(a) AT&SF Subcommittee Status Report - City Attorney
Post. Letter to the Los Angeles County Transportation
Commission; Members, South Bay Cities Association from
Friends of the Trolley dated November 13, 1983.
City Attorney Post indicated that this matter was dis-
cussed in closed session noting there was a settlement
conference on the inverse condemnation action
recently and he recommended that there be no further
discussion at this time. Councilmember Wood stated
he was dismayed at the result and felt more time
should be allocated to the discussion of this matter.
City Attorney Post noted that at the court session
the railroad requested that any discussion regarding
this matter remain in closed session.
ACTION - To convene the closed session on December 13
at 6:00 P.M. and allocate one hour to the discussion
of the AT&SF. Also to contact Etta Simpson regarding
this session and the possibility of obtaining the
services of a public service law firm.
Motion Wood, second Webber. So ordered.
(b) City Council/Schools Subcommittee: Status Report.
Memorandum from City Manager Gregory T. Meyer dated
December 1, 1983.
Mayor Schmeltzer noted that a Development Agreement
was adopted by a 5/0 vote and they are beginning
through the BZA process.
Councilmember Wood questioned the City Attorney
regarding Section H of the Development Agreement
(building code requirements now in effect or code in
effect at the time of construction). City Attorney
Post stated that the City code in effect at the time
of the approval of the agreement would be the ones
that would apply at the time of construction.
Mayor Schmeltzer stated he would refer to the Sub-
committee the request for the deletion of the following
on lines 6 through 8 of section H: "design, improve
Minutes 12-6-83
9
ment and construction standards and specifications in
force at the time of the execution of this Agreement."
Councilmember Wood asked the City Attorney if the
ten year term of the agreement is a reasonable length
of time and could be upheld in court and the City
Attorney answered "yes".
Extensive council discussion ensued regarding zone
changes, recreation facilities, zoning hearings,
market value of properties (Councilmember Wood
Wood requested copies of the appraisals of the
properties in question), density/gross acreage, etc.
10. ORAL COMMUNICATIONS FROM THE PUBLIC - MATTERS OF AN
URGENCY NATURE
None
11. OTHER MATTERS - CITY COUNCIL
Report on Closed Session
(a) Gotanda Property - Councilmember Brutsch
Councilmember Brutsch noted that in closed session the
City Attorney was instructed to move judiciously to
clarify the ownership of the Gotanda property since it
has been a ygar since that issue came to the City
Council.
(b) Ballot Measure Schedule - June and November Elections -
Councilmember Wood
Councilmember Wood requested that City Clerk Malone
provide a cut-off schedule for submitting ballot
measures for the June and November elections.
(c) Chamber of Commerce Position on Funding of Cities--
Councilmember Wood
Councilmember Wood stated he was remiss in not having
this material available but will provide it at the
next meeting.
(d) League of Cities Meeting - Councilmember Wood
Councilmember Wood advised Council that he and
Councilwoman Webber attended the League of Cities
meeting at which time his name was ineffectively con-
sidered for the nomination for Coastal Commission.
The incumbent and a representative from Santa Monica
were elected.
Noted also was.the League's concern regarding the
Minutes 12-6-83
10
funding of cities and the fac,t. that there will be one
more look at the compulsory arbitration bill which
will be heard again -in January and Councilmember Wood
asked that letters again be written in strong
opposition to this bill.
ACTION - To write letters to Senator Beverly and
Representative Felando indicating the City's opposition
to the compulsory arbitration bill.
Motion Wood, second Brutsch. So ordered.
(e) Salary Discussions - Councilmember Wood
Councilmember Wood questioned the City Attorney
regarding salary discussions of quasi -employees and
whether these are open to the public.
ACTION - To ask the City Attorney to review the record
on any salary or fee changes to insure that they were
enacted in public session.
Motion Mayor Schmeltzer, second Brutsch. So ordered.
(f) Christmas Sing -A -Long - Pier Avenue - Mayor Schmeltzer
Mayor Schmeltzer thanked the Chamber of Commerce and
Hermosa Beach Middle School for the beautiful
sing -a -long and official lighting of Christmas decora-
tions in the downtown area on Friday night.
Barricades at 7th & 8th Streets - Mayor Schmeltzer
ACTION - To ask staff to report back to Council on
December 13 regarding the removal of the barricades.
Motion Mayor Schmeltzer, second Webber
(h) Free Bus Transportation - Councilmember Barks
ACTION - To reaffirm the Council action to coordinate
bus hours with school schedules.
Motion Mayor Schmeltzer, second Barks. So ordered
noting the objection of Councilwoman Webber.
Leonard Wibberley Memorial - Mayor Schmeltzer
ACTION - To ask Mayor Schmeltzer to attend the Friends
of the Library meeting on December 14 to ascertain if
something can be done to honor Leonard Wibberley such
as a scholarship fund or essay contest.
Motion Mayor Schmeltzer, second Brutsch. So ordered.
ADJOURNMENT - On the order of the Chair, this meeting was
adjourned on December 6, 1983 at the hour of 9:45 P.M. in memory
of Leonard Wibberley, this adjournment to be communicated to the
family, to a closed session at 6:00 P.M. on December 13, 1983.
Minutes 12-6-83
(g)
(i)
11
December 1, 1983
Honorable Mayor and Members City Council Meeting
of the City Council of December 6, 1983
CITY COUNCIL/SCHOOLS SUBCOMMITTEE:
STATUS REPORT
At its November 30th meeting the School Board took a formal
(unanimous) action setting in motion a Development Agreement
with the City of Hermosa Beach. Attached is a copy of the
final draft. As soon as the District conforms a copy we
will transmit the official document to you. In the meantime
the EIR is routinely proceeding before the BZA (December 19
meeting).
GTM/ld
cc: Planning Director
City Attorney
C` (.
Greg ry P. M yer J
Ci trManage
1�
Y -
u
DEVELOPMENT AGREEMENT
CITY OF HERMOSA BEACH'
HERMOSA BEACH CITY SCHOOL DISTRICT
THIS DEVELOPMENT AGREEMENT is entered into as of
this day of , 1984, by and between the CITY OF
HERMOSA BEACH, a general law California municipal corporation
("City"), and the HERMOSA BEACH CITY SCHOOL DISTRICT, a
public corporation and agency of the State of California
organized and existing under the laws of the State of
California ("School District").
R E C I T A L S:
THIS DEVELOPMENT AGREEMENT is entered into on the
basis of the following facts, understandings and intentions
of the parties:
A. Government Code Sections 65864-65869.5
authorize City and School District to enter into a binding
development agreement for the development of real property
within City's jurisdiction.
B. Pursuant to Government Code Section 65865,
City has adopted Ordinance No. 83-742 (Hermosa Beach Municipal
Code, Zoning Appendix, Article 15.5, beginnin� at Section
15.1-1), establishing procedures and requirements for
SAB6-2B
consideration of such development agreements.
C. At the time of the execution of this Agreement
by all parties, School District is the owner of several
parcels of real property located within City more particularly
described in Exhibit A attached to this agreement ("Property").
A Citizens Advisory Committee, established pursuant to the
provisions of Section 39295 through 39299.5 of the Education
Code, has recommended the closure of several schools located
on the Property and has also made a recommendation as to the
future uses of the excess Property. The provisions of this
Development Agreement are intended to implement the recommenda-
tions of the Advisory Committee.
D. School District proposes to lease, or lease
with option to purchase, or sell, one or more parcels of
the Property in order to raise funds that will be used to
expand and improve facilities at Hermosa Valley School prior
to the consolidation of all school activities at that site.
E. City desires to purchase portions of the
Property in order to ensure the future use of those portions
for public playground, playing field or other outdoor
recreational and open space purposes, all for the benefit
and enjoyment of the public and, in particular, the community
of Hermosa Beach.
F. On 1983, City approved an
amendment of its general plan, local coastal program and
-2-
a
SAB6-3B
zoning ordinance applicable to the Property. This agreement
is consistent with the plan, program and ordinance amendments.
G. City desires to obtain the binding agreement
of School District for the disposal and development of the
Property and, in connection therewith, to have the opportunity
to purchase or lease portions of the Property for public
park, recreation and open space purposes.
H. School District desires to obtain the binding
agreement of City that City will permit Property Owner
to develop each parcel of the Property described in Exhibit
A attached hereto, in accordance with the City rules,
regulations and official policies concerning permitted land
uses, density,(design, improvement and construction standards
and specifications in force at the time of the execution of
this Agreement) School District further desires that
neither it nor/its successors be required to dedicate any
portions of the property or to construct public improvements
or make financial contributions to City in lieu of public
improvements, except as expressly set forth in this Agreement.
I. School District has applied to City pursuant
to Government Code Sections 65864-65869.5 and City's Ordinance
No. 83-742 (Hermosa Beach Municipal Code, Zoning Appendix,
Article 15.5, beginning at Section 15.1-1) for approval of a
development agreement providing for the bindi{g agreements
desired by the parties hereto. City's Planning Commission
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SAB6-9B
and City Council have given notice of intention to adopt the
proposed Development Agreement, have conducted public
hearings thereon pursuant to Government Code Section 65867
and City's Ordinance No. 83-742 (Hermosa Beach Municipal
Code, Zoning Appendix, Article 15.5, beginning at Section
15.1-1), and have found that the provisions of said Development
Agreement are consistent with City's general plan and any
applicable specific plan. School District has approved the
execution of said Agreement on its behalf by its Resolution
No. adopted November 30, 1983.
J. On , 1984, City Council
adopted its Ordinance No. approving said Development
Agreement, and the Ordinance became effective on
1984.
K. An Environmental Impact Report has been
prepared in conjunction with the consideration of this
Agreement in accordance with the applicable statutes,
ordinances and regulations. The Final Environmental Impact
Report has been certified as adequate by the City Council.
follows:
NOW, THEREFORE, the parties do hereby agree as
1. Definitions. In this Agreeement, unless the
context otherwise requires:
(a) "City" is the City of Hermosa Beach.
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I
SAB6-5B
(b) "School District" is the Hermosa Beach City
School District.
(c) "Party" is a signator to this agreement,
or an heir, successor, or assign of a signator to this
agreement.
(d) "Property" is the real property described
in Exhibit A attached hereto.
(e) "Property Owner" is a person having a
legal or equitable interest in one or more parcels of
Property or any portion thereof.
2. Interest of School District. School District
represents to City that it owns the Property in fee, as of
the effective date of this Agreement.
3. Effectiveness. This Development Agreement
shall be dated, and the obligations of the parties hereunder
shall be effective, as of the execution of the Agreement by
all parties.
4. Binding Effect. This Agreement, and all of
the terms and conditions hereof, shall be binding upon and
inure to the benefit of the parties and their respective
assigns, heirs or other successors in interest.
5. Negation of Agency. The parties acknowledge
that, in entering into and performing this Agreement, each
is acting as an independent entity and not ascan agent of
the other in any respect.
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SAB6-6B
6. Park and Recreation Lands.
(a) Pursuant to Section 39363.5 of the
Education Code, School District shall offer to sell City,
for park purposes, the surface rights to those portions of
Property shown on Exhibits B and C attached hereto, and the
entire Seaview Parkette Site. School District shall retain
the mineral rights to any portions of Property purchased by
City. City's right to purchase shall be exercised and the
purchase completed as to each site, within the time period
and under the terms hereinafter set forth:
(Exhibit B).
(1) ,Portion of Prospect Heights Site
Purchase Price:
$133,333.00, cash with closing costs (not
including any broker's commission) paid by City.
Sale and Transfer of Title:
Escrow completed by June 30, 1984.
(2) Portion of North School Site (Exhibit C).
Dn ri+}�>cc Drinc•
$479,160.00, with closing costs (not
including any broker's commission) paid
by City.
Terms:
Ten percent (108) minimum t ownpayment,
balance of the purchase price paid with a promissory note
0.
SAB6-7B
secured by a deed of trust for ten (10) years, payable in
equal annual installments and bearing interest on the unpaid
balance at the prime rate in effect on the date prior to the
day escrow is closed. Interest shall be payable with each
installment payment of principal. The first installment
shall be due on the first anniversary date following the
close of escrow with no penalty for early payoff.
Sale and Transfer of Title:
Escrow completed by December 31, 1987.
(3) _Seaview Parkette Site.
Pnrnhaaa Prineu
$130,680.00 with closing costs (not
including any broker's commission) paid
by City.
Terms:
Ten percent (10%) minimum downpayment,
balance of the purchase price paid with a promissory note
secured by a deed of trust for ten (10) years, payable in
equal annual installments and bearing interest on the unpaid
balance at the prime rate in effect on the date prior to the
day escrow is closed. Interest shall be payable with each
installment payment of principal. The first installment
shall be due on the first anniversary date following the close
of escrow with no penalty for early payoff. t
-7-
Sale and Transfer of Title:
Escrow completed by December 31, 1987.
(b) Any portion of the Property purchased by
City pursuant to this paragraph shall be on the condition that
it be used for public playground, playing field or other
outdoor recreation purpose. If this condition is breached,
the School District shall have the right of re-entry. In
addition, any portion of the property may be reacquired at any
time by the School District for school purposes upon written
notification to City by School District and refund of any
purchase moneys paid by City.
(c) Any portion of Property referenced in
subparagraph (a) not acquired by City within the time
provided may be sold or leased by School District to any
other person free of any claim by City to any rights.
(d) School District shall develop soccer and
baseball fields at Hermosa Valley School which may be used
for community recreation purposes during non -school hours.
7. Building Permits and Occupancy Certificates.
City agrees to issue, upon application therefor, all neces-
sary building permits, occupancy certificates or other
required permits for the construction, use and occupancy of
the Property or any portion thereof, subject to (a) com-
pliance with the zoning ordinance, this Agreement, and
City's Building Code (including the plumbing and electrical
code) requirements in force as of the date of this Agreement,
and (b) payment of City's usual and customary fees and
��
charges for such applications, permits and certificates, and
any utility copnection, lot split or similar fees and
charges of general application.
8. Hold Harmless. Property Owner agrees to and
shall hold City, its officers, agents, employees and repre-
sentatives, harmless from liability for damage or claims for
damage for personal injury, including death, and claims for
property damage which may arise from the direct or indirect
operations of Property Owner, or its contractors, subcontrac-
tors, agents, employees or other persons acting on its
behalf in relation to each parcel of Property described in
Exhibit A attached hereto, so long as Property Owner or its
Successors holds title to said parcel. This hold harmless
paragraph applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the
operations referred to in this Agreement, regardless of
whether or not City prepared, supplied or approved plans or
specifications or both.
9. Court Action. The provisions of this para-
graph shall apply in the event any court action or proceed-
ing is brought by any person other than Property Owner to
challenge this Agreement, and/or any building permit or
other permit or approval required from City or any other
governmental entity for sale or development of the Property
or any portion thereof, and without regard to{whether or not
School District is a party to said action or proceeding.
SAB6-1 OB
(a) Right to Terminate Agreement. In the
event of such an action or proceeding, Property Owner shall
have the right to terminate this agreement as to any parcel
or parcels of Property described in Exhibit A attached
hereto it owns in fee, upon thirty (30) days notice in
writing to all other parties given at any time during the
pendency of such action or proceeding or within ninety (90)
days of the final determination thereof, irrespective of the
nature of such determination.
(b) Right to Defer Construction. In the
event Property Owner has not exercised its right under
paragraph 9(a) to terminate this Agreement, Property Owner
shall not be obligated during the pendency of any such
action or proceeding, under paragraph 6(a) or any other
provision of this Agreement, to: sell or lease any
Property, or to begin or continue the construction and
development of the Property, or to make any dedication of
Property.
(c) Defense of City. In the event of any
court action or proceeding challenging the validity of this
Agreement, Property Owner shall indemnify, hold harmless,
pay all costs and provide a defense for City in said
action or proceeding, so long as Property Owner has not
exercised its right to terminate this Agreement under
paragraph 9(a). City shall cooperate with Property Owner
-10-
SAB6-11B
in any such defense as Property Owner may reasonably
request.
10., Specific Restrictions on Development.
The following specific restrictions shall govern the use and
development of the Property:
(a) Permitted uses. The Property may be used
only for such uses and purposes as are permitted under this
Agreement, and in accordance with the provisions of City's
General Plan and the following zoning which is applicable to
the Property as of the date of this Agreement:
(1) South School Site - R-3 zone.
(2) North School Site - R-1 zone.
(3) Prospect Heights School Site -
R-1 zone.
(4) Seaview Parkette Site - R-1 zone.
(5) Hermosa View School Site - Existing
playground area Open Space (O -S) zone, balance of the site,
R-1 zone.
(6) Hermosa Valley School Site - Open
Space (O -S) zone.
(b) Maximum Density. When developed, the
maximum density of the Property shall not exceed the
following:
L
-11-
SAB6-12B
(1) South School Site - medium density
residential (maximum average 18.5 dwelling units per gross
acre).
(2) North School Site - low density
residential (maximum average 13 dwelling units per gross acre).
(3) Prospect Heights School Site -
low density residential (maximum average 13 dwelling units
per gross acre).
(4) Seaview Parkette Site - low density
residential (maximum average 13 dwelling units per gross
acre).
(5) Hermosa View School Site - low
density residential (maximum average 13 dwelling units per
gross acre).
(c) Maximum Height) The maximum building
height on the South School site shall be thirty-five (35)
feet. The maximum building height on all other parcels
described on Exhibit A attached hereto shall be the lesser
of two stories or twenty-five (25) feet.
(d) (Maximum Site Coverage Maximum site
coverage by buildings on all parcels described on Exhibit A
attached hereto shall not exceed 65 percent of the area of
the lot.
—12—
t
SAB6-13B
11. Dedications.
(a) Property Owner shall make the following
dedications to City at the time it develops its property:
(1) Utilities. Necessary easements for
traffic signal control, sewer, utility or storm drain
purposes at the time of and in connection with the construc-
tion and development of each parcel of the Property.
(2) South School Park. A 1.3 acre park,
in a single parcel, with exact boundaries to be mutually
agreed upon by City and Property Owner, shall be offered for
dedication to City upon completion and prior to occupancy of
the development of the remainder of the South School site.
(b) No Other Dedications. Except as set forth
in this paragraph no dedications or reservations of the
Property, or any portion thereof or interest therein, or of
any .other property, shall be required by City of Property
Owner in connection with the development, construction, use,
or operation of the Property, or any portion thereof, in
accordance with the City's zoning ordinance and this Agreement.
12. Periodic Review of Compliance. City shall
review this Agreement at least once during every twelve-month
(12) period following the date hereof, in accordance with
City's procedures and standards for such review set forth in
City's Ordinance No. 83-742 (Hermosa Beach Municipal
-13-
SAB6-14B
Code, Zoning Appendix, Article 15.5, beginning at Section
15.1-1). During each periodic review by City, Property
Owner shall be required to demonstrate, and hereby agrees to
furnish, such evidence of good faith compliance with the
terms hereof as City may reasonably require.
13. Amendment or Cancellation. Except as
expressly to the contrary provided in paragraph 8(a), this
Agreement may be amended or cancelled in whole or in part as
to each parcel of Property described in Exhibit A attached
hereto, or any portion thereof, only by mutual consent of
the Property Owner and in the manner provided for in Government
Code Section 65868 and City's Ordinance No. 83-742 (Hermosa
Beach Municipal Code, zoning Appendix, Article 15.5, beginning
at Section 15.1-1).
14. Enforcement. Unless amended, cancelled,
or terminated as provided in paragraphs 9(a) or 15 herein-
above, and subject to all provisions of paragraph 13 here-
inabove, this Agreement shall be enforceable according
to its terms, notwithstanding any change in City's applic-
able general or specific plan, local coastal program,
zoning, subdivision or building regulations which alters or
amends City's rules, regulations or policies governing
permitted uses of the Property, density, design, improvement
and construction standards and specificationst
-14-
SABG-15B
15. Default by Property Owner.
(a) Determination by City'. Property Owner
shall be in default under this Agreement as to any parcel of
Property described in Exhibit A attached hereto, or any
portion thereof, upon a finding and determination by City
made after periodic review as provided for in Government
Code Section 65865.1 and paragraph 12 hereinabove, and on
the basis of substantial evidence, that Property Owner has
not complied in good faith with any of the terms or conditions
of this Agreement. Property Owner shall not be excused from
performance hereunder because of any failure of performance
by any third party, nor by adoption of any law or any other
governmental activity (unless the same be in violation of
this Agreement) which makes performance by Property Owner
unprofitable, more difficult or more expensive.
(b) Termination or Modification for Default.
In the event of default by Property Owner, City may terminate
or modify this Agreement in whole or in part as to the
subject Parcel of Property described in Exhibit A attached
hereto, or any portion thereof, in accordance with Government
Code Section 65865.1 and the procedures in City's Ordinance
No. 83-742 (Hermosa Beach Municipal Code, Zoning Appendix,
Article 15.5, beginning at Section 15.1-1). City's failure
to modify or terminate the Agreement after fiTding a default
of Property Owner pursuant to subsection (a) of this paragraph
-15-
ff
shall not constitute a waiver of such default by City.
16. Remedies for Default. In the event of
default by any party hereunder, a nondefaulting party shall
have available all remedies at law or in equity not otherwise
provided for herein, which remedies shall include, by
way of illustration but not limitation, suits for injunctive
or declaratory relief, specific performance, relief in the
nature of mandamus, or actions for damages. All of said
remedies shall be cumulative and not exclusive of one
another, and the exercise of any one or more of said remedies
shall not constitute a waiver or election with respect to
any other available remedy.
17. Litigation Expenses. If a legal action
or proceeding is brought by any party because of default
under this Agreement, or to enforce a provision thereof, the
prevailing party therein shall be entitled, in addition to
any other relief, to recover reasonable attorneys' fees and
court costs from the losing party as determined by the court
in which said action or proceeding is pending.
18. Superseding State or Federal Law. In the
event that any state or federal law or regulation enacted or
adopted after the date of this Agreement, or other action of
any governmental entity not under the control of City, shall
prevent or preclude compliance with any of the provisions
hereof, such provisions shall be modified or suspended only
-16-
SAB6-17B
to the extent and for the time necessary to achieve compliance
with said law, regulation or other governmental action,
and the remaining provisions of this Agreement shall be in
full force and effect. Upon repeal of said law, regulation
or other governmental action or occurrence of other circum-
stances removing the effect thereof upon this Agreement,
the provisions hereof shall be restored to their full
original effect.
19. Notices. All notices required or provided
for under this Agreement shall be in writing, shall be
delivered in person or by certified mail, postage prepaid,
addressed to the parties as follows:
City: Mr. Gregory -T. Meyer
City Manager
City of Hermosa Beach
Civic Center
Hermosa Beach, CA 90254
School Mrs. Marilyn Corey
District: Superintendent of Schools
Hermosa Beach City School District
1800 South Prospect
Hermosa Beach, CA 90254
Any notice so delivered shall be effective upon the date of
personal delivery or, in the case of mailing, on the date of
delivery or attempted delivery as shown on the U.S. Postal
Service return receipt. Any party may change its address
for notice by giving ten (10) days' notice oft such change in
the manner provided for in this paragraph.
-17-
20. Term of Agreement. The term of this Agreement
shall commence on the date hereof, and shall continue for
ten (10) years thereafter.
21. Miscellaneous.
(a) Construction. As used in this Agreement,
and as the context may require, the singular includes the
plural and vice versa, and the masculine gender includes the
feminine and neuter and and vice versa.
(b) Severability. If any part of this
Agreement is invalid, the remaining terms and conditions
shall not be affected unless their enforcement under the
circumstances would be unreasonable, inequitable or otherwise
frustrate the purposes of the Agreement.
(c) Recordation. Upon execution of this
Agreement, City shall promptly arrange for its recordation
as provided in Government Code Section 65868.5. City and
School District shall each pay fifty percent (50%) of the
costs of recordation.
(d) Captions and References. The captions
of the paragraphs and subparagraphs of this Agreement are
solely for convenience of reference, and shall be disregarded
in the construction and interpretation of this Agreement.
References herein to a paragraph, subparagraph or exhibit
are to the paragraphs, subparagraphs and exhiV is of this
Agreement.
Dim
SAB6-19B
(e) Time. Time is of the essence of this
Agreement and of each and every term and'condition hereof.
(f) Exhibits. The following exhibits to
which reference is made in this Agreement are deemed
incorporated herein in their entirety:
Exhibit A - Description of Property
Exhibit B - Prospect Heights Site
Exhibit C - North School Site
(g) Signature Pages. For convenience,
the parties may execute and acknowledge this Agreement on
separate signature pages which, when attached hereto, shall
constitute this as one complete Agreement.
IN WITNESS WHEREOF, this Agreement has been
executed by the parties as of the day and year first above
written.
Attest:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
[Signatures continued.]
"City"
CITY OF HERMOSA BEACH
A municipal corporation
Mayor
-19-
t
SAB6-20B
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this day of , in the year ,
before me, the unders gned, a Notary Public in and for said
County and State, personally appeared ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Mayor, and ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be City Clerk of the municipal
corporation that executed the within Instrument, known to me
to be the persons who executed the within Instrument on
behalf of the municipal corporation therein named, and
acknowledged to me that such corporation executed the within
instrument.
APPROVED AS TO FORM:
County Counsel
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
Notary Public in and for said
County and State
"School District"
HERMOSA BEACH CITY SCHOOL DISTRICT
By
District Superintendent
On this day of , in the year
before me, the undersigned, a Notary public in and
for said County and State, personally appeared ,
-20-
SAB6-21B
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the Chairman of the School
Board, and , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the
School Superintendent of the Hermosa Beach City School
District that executed the within Instrument, known to me
to be the persons who executed the within Instrument on
behalf of the Hermosa Beach City School District therein
named, and acknowledged to me that such District executed
the within instrument.
Notary Public in and for said
County and State
t
—21—
"CUSTOMS MAY NOT BE AS WISE AS LAWS, BUT
THEY ARE ALWAYS MORE POPULAR."
-Benjamin Disraeli
AGENDA
REGULAR ADJOURNED.iMEETING'OF THE HERMOSA BEACH CITY :COUNCIL
Tuesday, December 6, 1983 - Council Chamber, City Hall
Closed Session - 6:30 p.m.
Regular Session - 7:30 p.m.
All Council meetings are open to the public. PLEASE ATTEND.
It.is requested that anyone who wishes to speak on any matter, please
give their name and address for the record.
Any complaints against the.City Council, City Management, or depart-
mental 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
PROCLAMATION: National Drunk & Drugged Driving Awareness Week
December 11 - 17, 1983
1. CONSENT CALENDAR: The following routine matters will be acted
upon by one vote to approve with the majority consent of the
City Council. There will be no separate discussion of these
items unless good cause is shown by a member prior to the roll
call vote.' (Items removed will be considered after Municipal
Matters.)
(a) Approval of Minutes: Regular adjourned meeting of the City
Council held November 15, 1983.
Recommended Action: To approve minutes.
(b) Approval of Minutes: Regular meeting of the City Council held
on November 22, 1983.
Recommended Action: To approve minutes.
(c) Demands & Warrants: December 6, 1983.
Recommended Action: To approve Demands & Warrants Nos.
through inclusive.
(d) Award of Bid: Asphaltic Overlay, Hermosa Beach Community Center
Parking Lot.
Recommended Action: To approve staff recommendation.
City Council Agenda - December 6, 1983
Consent Calendar (Continued)
(e) Claim for Damages: Carl Parker, 1905 Plant Avenue, Redondo Beach,
represented by Atty. Joseph Cobert, Suite.206, 9025 Wilshire Blvd.,
Beverly Hills, CA 90211, filed November 18, 1983.
Recommended Action: To deny claim and refer to this City's
insurance carrier.
(f) Claim for Damages: Diane Florian, 6848 Citriadora Ct., Garden
Grove, represented by Raymond T. Kaiser, Atty., 100 Oceangate,
Suite 1200, Long Beach, CA., filed November 22, 1983.
(g) Claim for Indemnification: County of Los Angeles against City of
Hermosa Beach re. Sheila Tarrant vs. County of Los Angeles, et al,
filed November 22, 1983.
Recommended Action: To deny claim and refer to this City's
insurance carrier.
(h) Summons & Complaint: Joseph E. Kovaleski vs. City of Hermosa
Beach; Police Officer Eric Milse; and Does 1 through 50, repres-
ented by Ramsey & McNulty, 21515 Hawthorne Boulevard, Suite 970,
Torrance, CA., filed November 17, 1983.
Recommended Action: To deny claim and refer to this City's
insurance carrier.
(i) Claim.for Damages: Kathleen Murdock, 830 Strand, "E", Hermosa
Beach, filed November 29, 1983.
Recommended Action: To deny claim and refer to this City's
insurance carrier.
(j) Claim for Damages: Josephine Ann Boyer, 428 No. Francesca,
Redondo Beach, filed November 29, 1983.
Recommended Action: To deny claim and refer to this City's
insurance carrier.
(k) A resolution of the City Councillof the City of Hermosa Beach,
reciting the fact of the special municipal election held in said
City on November 8, 1983, declaring the result thereof and such
other matters as are provided by law.
Recommended Action:
(1) Part-time Clerk Tyr
Memorandum from Con
November 30, 1983.
To adopt resolution.
Position, Department of Com
ty Resources Director Alana
an date
Recommended Action: To authorize part-time Clerk Typist position
in departmental budget.
(m) Resolution to allow Hermosa Beach participation in the Federal
Surplus Personal Property Donation Program; and to designate
specific representatives to acquire property for the City through
the State Agency for Surplus Property.
Recommended Action: To adopt resolution authorizing City parti-
cipation in the acquisition of surplus Federal property.
(n). Resolution ordering the preparation of assessment engineer's
report for the formation of a crossing guard district.
Recommended Action: To adopt resolution authorizing engineer's
report.
-2-
City Council Agenda - December 6, 1983
(o) Resolution orderi
Recommended Action:
report.
the
t.
To adopt resolution authorizing engineer's
(p) City Treasurer's Report: October, 1983.
Recommended Action: To receive and file.
2. WRITTEN COMMUNICATIONS FROM THE PUBLIC.
HEARINGS
3. APPEAL FROM DENIAL BY THE BOARD OF ZONING ADJUSTMENT FOR A MURAL
AT 127 PIER AVENUE (SECOND SKIN). Ms. Marsha Proud, Appellant.
Memorandum from Acting Building Director William Grove dated
November 30, 1983.
MUNICIPAL MATTERS
4. REGULAR MUNICIPAL ELECTION, APRIL 10, 1984. Memorandum from City
Clerk Charlotte Malone dated November 28, 1983.
5. APPROVAL OF ENGINEERING AND SPEED SURVEY FOR CITY STREETS.
Memorandum from Public Works Director Charles Clark dated Nov-
ember 30, 1983.
6. RESOLUTION AUTHORIZING THE CITY TO IMPOSE A FEE FOR PARAMEDIC/
AMBULANCE TRANSPORTATION. Memorandum from Fire Chief Ron Simmons
dated November 28, 1983.
7. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) Activity Report
(b) Tentative Future Agenda Items
(c) Expenditure Report - October, 1983
(d) Revenue Report - October, 1983
(e) Request for Closed Session
(f) Review of Expense Report Forms
(g) Ballot measures, April, 1984 election
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
(a) AT&SF Subcommittee Status Report
(b) School Subcommittee Status Report
10. ORAL COMMUNICATIONS FROM PUBLIC - MATTERS OF AN URGENCY NATURE.
12. OTHER MATTERS - CITY COUNCIL
-3-
Honorable Mayor and Members
of the City Council
November 29, 1983
City,Council Meeting
of December 6, 1983
TENTATIVE FUTURE AGENDA ITEMS
December 13, 1983
Renewal of Long Term Lease - Easter Seals
Renewal of Long Term Lease - Project Touch
Renewal of Long Term Service Contract - Event Concepts Inc. for
1984 Hermosa Open Volleyball Tournament
Appeal of decision by BZA granting a variance on property located
at 2918 Strand.
''Appeal from denial by BZA of mural at 137 Pier Avenue
,,Reconsideration of appeal from denial.by the BZA for a variance at
1427 Monterey/1426-1428 Bayview Drive.
° Application for permit to keep more than two household pets (4 dogs &
2 cats) at 1283 Seventh Street.
Report on impact of "No Parking" on Borden Avenue.
County Grounds Maintenance Agreement
Complaint from 27th Street Environmental Protective Association
Ordinance to regulate Satellite Antennae
Planning Commission recommendation to City Council re. C -potential
properties
__Pacifio Coast Highway Parking and Off -Street Parking
January 10, 1984
Reorganization of City Council
Recommendation re. para -transit'
Report, on ',placing•. parking meters on, Lot- E,
Quarterly Status Report re. billing fon paramedic services
Report on Business License charges for individual activities under
Section 17-19(B), Class B, Group 11
January 24, 1983
Draft development agreement re
Biltmore site'.hotel
`b
Tentative Future Agenda Items (Continued)
Items to return = Date not yet set
Plan of action for outside assistance to Finance Administrator
Recommendation re. Zoning Code change (new design standards; preser-
vation of older and nonconforming structures)
Report on computerization of City Treasurer trust :Eundsr including
s_ s
December 1, 1983
Honorable Mayor and Members City Council Meeting
of the City Council of December 6, 1983
ACTIVITY REPORT
o The City's new trophy case has arrived and been
positioned in the Council Chambers foyer.
Arrangements are being made for a brief ceremony
regarding the Herb Besant birdhouse.
o The new "Town and Country" lights on the Strand
street lights have been installed in the commer-
cial district. For the first time, all such
poles now have a pedestrian light.
o /The Auditorium grand reopening gala event has
/ been rescheduled for the evening of February 11,
1984. In the week prior the Foundation will be
hosting a series of events at the Auditorium
allowing different groups, types of entertain-
ment to "try out" the new facility.
o The new "mail slot" at City Hall project is moving
along. The custom device has been received and
installation will be done in the next 30 - 45 days.
o We have just finished computing our annual Affirma-
tive Action Report. The figures are as follows:
Category I City Employees City Population
i
150 18,070
Male 71% 53.7%
Female 29% 46.3%
Caucasian
73%
93.8%
;Black
4%
less than
1%
Hispanic 1
17%
67
iAsian/Pacific Isl.i
2%
1
less than
1%
American Indian
4%
less than
1%
Employees
Male
Female
Administrative
62%
38%
Professional
78%
22%
Technical
94%
6%
Protective Svcs.
80%
20%
Para -Professional
100%
0%
Clerical
0%
100%
Maintenance
95%
5%
- Continued -
City Council Meeting of December 6, 1983
Activity Report
Page 2
o As has become traditional, the Meyer family will
host a punch and cookie, Christmas reception
immediately prior to the December 13 City Council
meeting.
Gre ory.T. Meyer
Cit Manager
GTM/1d
12-6-83 - ACTION - To adopt Resolution No. 83-4652.
December 1, 1983
Regular Meeting of
December 6, 1983
Honorable Mayor and Members of
the Hermosa Beach City Council
CROSSING GUARD DISTRICT
Recommendation:
It is recommended that the City Council approve the attached
resolution that orders the preparation of the engineer's
report regarding the enactment of the Hermosa Beach Crossing
Guard District. Report to include plans and specifications,
estimate of costs, location of crossing guards, and estimated
cost to be assessed.
Background:
At the direction of the City Council, a proposition was placed
on the November 8, 1983 ballot advising as to whether or not
to create a Crossing Guard District. The results of this
election were 1517 in favor, 691 against. Following this, at
the regular City Council meeting of November 22, 1983, Council
took action ordering staff to begin the proceedings for,
creating a citywide Crossing Guard District. The approved
recommendation provides for the first step in this process.
Analysis•
In" approving the attached resolution, the Council authorizes
the preparation of a report which will contain plans and
specifications, costs, locations of crossing guards, and
estimated assessments for the Crossing Guard District. This
report will then be submitted to the City Clerk for submittal
to the City Council at which time the City Council will review
the report.
Following this, the steps are:
Step 1) City Council by second resolution approves
report and adopts Resolution of Intention
setting date for public hearing. At this
point, Notice of Public Hearing is published.
Step 2) City Council conducts public hearing on
proposed District, receives input, and then
by third resolution orders formation of
District.
-2 -
Step 2) City Council conducts public hearing on
proposed District, received input, and
then by third resoultion orders formation
of District.
Step 3) Assessment Engineer delivers confirmed assess-
ment to County auditor/controller for inclusion
on tax roles.
'&tu ") 1 i� 4. �,t�
Charles Clark,
Director of Public Works
Concur:
Greory' T. (Meyer
Cit Manager
CC:md
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA EACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 2, CHAPTER 3.5, TITLE 5,
OF 'THE CROSSING GUARDS MAINTENANCE DISTRICT" (ACT OF 1974),
BEING DIVISION 2, OF THE GOVERNMENT CODE OF THE STATE OF -
CALIFORNIA, FOR THE FORMATION OF A CROSSING GUARDS MAINTENANCE
DISTRICT IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE
FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30, 1985•
HERMOSA BEACH CROSSING GUARDS MAINTENANCE DISTRICT - 1984-1985•
WHEREAS, the City Council of the City of Hermosa Beach, California, pro-
poses to establish a "Crossing Guards Maintenance District" pursuant to Article
2, Chapter 3.5, Title 5, of the Crossing Guards Maintenance District Act of 1974,
being Division 2 of the Government Code of the State of California; and
WHEREAS, the said assessment district shall include all parcels of land
within the said City and shall be designated as the "HERMOSA BEACH CROSSING
GUARDS MAINTENANCE DISTRICT NO. 1984-1985"; and
WHEREAS, it is proposed to establish a CROSSING GUARDS MAINTENANCE
DISTRICT as shown on Diagram and Plan No. 1984-1985, and as amended each year
as funds become available and as the City Council and City Staff designate; and
WHEREAS, it is necessary to furnish the Crossing Guards Maintenance
District services for the said City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Manager is hereby ordered to prepare and file a
report in accordance with Article 2, Chapter 3.5, Title 5, of 'THE CROSSING
GUARDS IIAINTE14ANCEDISTRICT ACT OF 197411, being Division 2 of the Government
Code of the State of California, for the establishing and formation of a
"CROSSING GUARDS MAINTENANCE DISTRICT" in the City of Hermosa Beach, California,
for the fiscal year commencing July 1, 1984 and ending June 30, 1985.
SECTION 2. That a certified copy of this resolution be presented to the
said City Manager for his information and guidance.
SECTION 3. That the City Clerk shall certify to the passage and adoption
of this resolution; shall cause the same to be entered among the original reso-
lutions of said City; and shall make a minute of the passage and adoption there-
of in the records of the proceedings of the City Council of said City in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this day of 1983.
MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA
ATTEST:
CITY CLERK OF THE CITY OF
HERMOSA BEACH, CALIFORNIA.
APPROVED AS TO FORM:
CITY ATTORNEY
SrATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF HERMOSA BEACH )
I, CHARLOTTE ANN MALONE, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution was duly introduced, approved
and adopted by the City Council of the City of Hermosa Beach at a regular meeting
of said Council held on the _ day of 1983, by the following
roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK OF THE CITY OF HERMOSA BEACH,
CALIFORNIA.
12-6-83 - ACTION - To adopt Resolution No. 83-4653.
December 1, 1983
Regular Meeting of
December 6, 1983
Honorable Mayor and Members of
the Hermosa Beach City Council
LANDSCAPING DISTRICT
Recommendation:
It is recommended that the City Council approve the attached
resolution that orders the preparation of the engineer's
report regarding the enactment of the Hermosa Beach Landscaping
District. Report to include plans and specifications, estimate
of costs, disgram of district, and estimated costs to be
assessed.
Background:
At the direction of the City Council, a proposition was placed
on the November 8, 1983 election ballot advising as to whether
or not to create a Landscaping District. The results of this
election were 1481 in favor, 727 against. Following this, at
the regular City Council meeting of November 22, 1983, Council
took action ordering staff to begin the proceedings for
creating a citywide Landscaping Maintenance District. The
approved recommendation provides for the first step in this
process.
Analysis•
In approving the attached resolution, the Council authorizes
the preparation of a report which will contain plans and
specifications, costs, boundaries, and estimated assessments
for the Landscaping District. This report will then be
submitted to the City Clerk for submittal to the City Council
at which time the City Council will review the report.
Following this, the steps are:
Step 1) City Council by second resolution approves
report and adopts Resolution of Intention
setting date for public hearing. At this
point, Notice of Public Hearing is published.
-2 -
Step 2) City Council conducts public hearing on
proposed District, receives input, and
then by third resolution orders formation
of District.
Step 3) Assessment Engineer delivers confirmed assess-
ment to County auditor/controller for inclusion
on tax rolls.
(a
Charl'69 Clark,
Director of Public Works
Concur:
Gregry T. Meyer,
City Manager
CC:md
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2,
"LANDSCAPING AND LIGHTING ACT OF 197211, BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE
MAINTENANCE OF THE LANDSCAPING AND THE REPLACEMENT THEREOF,
IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING ON JULY 1, 1984 AND ENDING JUNE 30, 1985.
HERMOSA BEACH LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985.
WHEREAS, the City Council of the City of Hermosa Beach, California, pro-
poses to form an assessment district pursuant to the "Landscaping and Lighting
Act of 197211, being Division 15, Part 2, of the Streets and Highways Code of
the State of California; and
WHEREAS, it is proposed that said Maintenance District shall maintain
certain landscaping previously installed in the City and replacement of trees,
bushes, shrubs, turf, etc., and furnish water, fertilizer and appurtenances
and appurtenant services, as designated and shown on Map and Plan No. 1984-85,
of the "Hermosa Beach Landscaping Maintenance District No. 1984-1985"; and
WHEREAS, it is necessary to maintain and replace the landscaping and
appurtenant facilities within said maintenance area as shown on Map entitled
"Hermosa Beach Landscaping Maintenance District No. 1984-1985";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Manager is hereby ordered to prepare and file a
report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting
Act of 197211, being Division 15, Part 2, Streets and Highways Code of the State
of California, for the complete maintenance of said designated areas in said
District for the fiscal year commencing July 1, 1984 and ending June 30, 1985,
all as set forth in this resolution.
SECTION 2. That a certified copy of this resolution be presented to the
City Manager for his information and guidance.
SECTION 3. The City Clerk shall certify to the passage and adoption of
this resolution; shall cause the same to be entered among the original resolu-
tions of said City; and shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council of said City in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this day of , 1983•
MAYOR OF THE CITY OF HERMOSA BEACH, CALIFORNIA
ATTEST:
CITY CLERK OF THE CITY OF
HERMOSA BEACH, CALIFORNIA.
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF HERMOSA BEACH )
1, CHARLOTTE ANN MALONE, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution No. - was duly intro-
duced, approved, and adopted by the City Council of the City of Hermosa Beach,
California, at a regular meeting of said Council held on the day of
, 1983, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
(S EAL)
CITY CLERK OF THE CITY OF HERMOSA BEACH,
CALIFORNIA.
-2-
RESOLUTION NO. 83-4652
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA EEACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 2, CHAPTER 3.5, TITLE 5,
OF "THE CROSSING GUARDS MAINTENANCE DISTRICT" (ACT OF 1974),
BEING DIVISION 2, OF THE GOVERNMENT CODE OF THE STATE OF --
CALIFORNIA, FOR THE FORMATION OF A CROSSING GUARDS MAINTENANCE
DISTRICT IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE
FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30, 1985.
HERMOSA BEACH CROSSING GUARDS MAINTENANCE DISTRICT - 1984-1985.
WHEREAS, the City Council of the City of Hermosa Beach, California, pro-
poses to establish a "Crossing Guards Maintenance District" pursuant to Article
2, Chapter 3.5, Title 5, of the Crossing Guards Maintenance District Act of 1974,
being Division 2 of the Government Code of the State of California; and
WHEREAS, the said assessment district shall include all parcels of land
within the said City and shall be designated as the "HERMOSA BEACH CROSSING
GUARDS MAINTENANCE DISTRICT NO. 1984-198511; and
_WHEREAS, it is proposed to establish a CROSSING GUARDS MAINTENANCE
DISTRICT as shown on Diagram and Plan No. 1984-1985, and as amended each year
as funds become available and as the City Council and City Staff designate; and
WHEREAS, it is necessary to furnish the Crossing Guards Maintenance
District services for the said City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Manager is hereby ordered to prepare and file a
report in accordance with Article 2, Chapter 3.5, Title 5, of "THE CROSSING
GUARDS MAI NTENANCEDI,3i'RICT ACT OF 197411, being Division 2 of the Government
Code of the State of California, for the establishing and formation of a
"CROSSING GUARDS MAINTENANCE DISTRICT" in the City of Hermosa Beach, California,
for the fiscal year conmencing July 1, 1984 and ending June 30, 1985.
SECTION 2. That a certified copy of this resolution be presented to the
said City Manager for his information and guidance.
SECTION 3. That the City Clerk shall certify to the passage and adoption
of this resolution; shall cause the same to be entered among the original reso-
lutions of said City; and shall make a minute of the passage and adoption there-
of In the records of the proceedings of the City Council of said City in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 6th day of December ,. 1983.
ATTEST:
CITY CLERK OF THE CITY OF
HERMOSA BEACH, CALIFORNIA.
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA' )
COUNTY OF LOS ANGELES) SS
CITY OF HERMOSA BEACH )
I, CHARLOTTE ANN MALONE, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution was duly introduced, approved
and adopted by the City Council of the City of Hermosa Beach at a regular meeting
of said Council held on the 6th day of DecembP , 1083, by the following
roll call vote:
AYES: COUNCILMEMBERS: Barks, Brutsch, Webber, Wood, Mayor Schmeltzer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK OF THE CITY OF HERMOSA BEACH_
RESOLUTION NO. R -1 -4F5 -I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE CITY MANAGER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2,
"LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE
MAINTENANCE OF THE LANDSCAPING AND THE REPLACEMENT THEREOF,
IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING ON JULY 1, 1984 AND ENDING JUNE 30, 1985•
HERMOSA BEACH LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985•
WHEREAS, the City Council of the City of Hermosa Beach, California, pro-
poses to form an assessment district pursuant to the "Landscaping and Lighting
Act of 197211, being Division 15, Part 2, of the Streets and Highways Code of
the State of California; and
WHEREAS, it is proposed that said Maintenance District shall maintain
certain landscaping previously installed in the City and replacement of trees,
bushes, shrubs, turf, etc., and furnish water, fertilizer and appurtenances
and appurtenant services, as designated and shown on Map and Plan No. 1984-85,
of the "Hermosa Beach Landscaping Maintenance District No. 1984-1985"; and
WHEREAS, it is necessary to maintain and replace the landscaping and
appurtenant facilities within said maintenance area as shown on Map entitled
"Hermosa Beach Landscaping Maintenance District No. 1984-1985";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Manager is hereby ordered to prepare and file a
report in accordance with Article 4, Chapter 1, Part 2, "Landscaping and Lighting
Act of 197211, being Division 15, Part 2, Streets and Highways Code of the State
of California, for the complete maintenance of said designated areas in said
District for the fiscal year commencing July 1, 1984 and ending June 30, 1985,
all as set forth in this resolution.
76
SECTION 2. That a certified copy of this resolution be presented to the
City Manager for his information and guidance.
SECTION 3. The City Clerk shall certify to the passage and adoption of
this resolution; shall cause the same to be entered among the original resolu-
tions of said City; and shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council of said City in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPT
ATTEST:
CITY CLERK OF THE CITY OF
HERMOSA BEACH, CALIFORNIA.
APPROVED AS TO FORM:
J.
CITY ATTORNEY
STATE OF CALIFORNIA J
COUNTY OF LOS ANGELES) SS.
CITY OF HERMOSA BEACH )
is 6th day of
E
1983.
HERMOSA BEACH, CAL
I, CHARLOTTE ANN MALONE, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution No. 83-4653 was duly intro-
duced, approved, and adopted by the City Council of the City of Hermosa Beach,
California, at a regular meeting of said Council held on the 6th day of
December , 1983, by the following roll call vote:
AYES: COUNCILMEMBERS: Barks, Brutsch, Webber, Wood, Mayor Schmeltze:
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(SEAL)
CITY CLERK OF THE CITY OF HERMOSA BEACH,
CALIFORNIA.
li'c