********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on February 17, 1994, at the hour of 7:55 P.M. PLEDGE OF ALLEGIANCE - June Williams, resident ROLL CALL: Present:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS: Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Palos Verdes Estates Police Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool, who were killed by a gunman in Torrance while attending a seminar. Mayor Edgerton expressed the condolences of the City Council and City staff to the families of all involved. SPECIAL STUDY SESSION TO DISCUSS GOALS AND DIRECTION OF THE CITY COUNCIL. With supplemental information: 1) Planning Department Studies, Priority List submitted by Planning Director Michael Schubach dated February 16, 1994, and 2) memorandum from the Planning Commission dated February 15, 1994. City Manager Stephen Burrell gave an overview of tonight's workshop meeting; spoke of the Planning Department Studies Priority List and said that there was no need for the Council to be limited to this list, or to reach a conclusion at this time. Planning Director Michael Schubach responded to Council questions in regard to the Planning Department list of studies. Councilmembers spoke of their goals for the City and provided areas where each thought there could be improvement by a prioritization of interest or study. Councilmember Oakes said the City needed to concentrate on the many good things that could be accomplished because Hermosa is a small community; said our City is not Manhattan Beach or Redondo Beach and she wished to explore, as image builders, those areas that are historic and unique to Hermosa Beach such as our jazz heritage through "The Lighthouse" and the "Either/Or Bookstore"; suggested the possibility of concerts in the downtown area, chamber music by the sea or a jazz festival on the Biltmore site. Ms. Oakes cautioned against "overdesigning" the community and said that Hermosa has jazz music, a wonderful beach and a beautiful residential area, all of which needed to be understood, in order to encourage a positive image, and augmented for aesthetic values; said that the City could be "choosy" and promote positive businesses that could not only service the residents of the community but also appeal to tourists and suggested that areas for parking, including bus parking, were an important element in the downtown. Ms. Oakes concluded by saying that Hermosa had to realize that it was very unique and that it had a lot of history, background and future, all of which needed to be promoted. Councilmember Reviczky agreed with Ms. Oakes comments and said the most important thing the Council could do was to improve the quality of life in the community; said that Hermosa needed to maintain the ambiance of the residential neighborhoods and the viability of the business district for a balanced community; felt the encouragement of a good business district and a clean, safe residential district could go hand in hand. Mr. Reviczky said the Council needed to work to protect the City(s environment, preserve open space, reduce density, reduce traffic in the residential areas, maintain Hermosa's excellent public safety services, expand the Community Resource's recreational services and find an innovative solution to the parking problem without causing visual blight. Mr. Reviczky said it was important for the Council to set its goals in order for City staff and all of the Commission members to know "where the Council is coming from". Councilmember Benz agreed with previous Council members and said he would like to continue to establish and implement community emergency preparedness and to involve residents in neighborhood "block groups" that could be trained by the Fire Department to give emergency aid in the event of a major disaster. Mr. Benz said that his goal was to eliminate "silly" requirements by the City for opening and maintaining a business in Hermosa and he wanted City staff to remember that they were there to give service to the public; he also wanted to abolish the four-day work week for City Hall staff, eliminate many Conditional Use Permits (CUP) and reduce bureaucracy. Mr. Benz also gave his view of a free market economy, congratulated some of the new businesses in the downtown area and suggested a competing membership group with the Chamber of Commerce. Councilmember Bowler said many of the things he was going to talk about had already been discussed, but he wanted to look at the process involved in making things happen within City government; he said the first thing he would like to see happen is to improve communication. Mr. Bowler said that if the Council was to improve the customer orientation of the City, it would have to act in a business-like manner; it would have to set goals, communicate those goals effectively to the people that have to carry them out so they will know what is expected of them and what is not permitted of them. Mr. Bowler said there had to be improved open lines of communication between the Council, the Commissions and City Hall staff, also between staff and the public; he said he would like more joint workshop meetings with all commissions, civic groups and staff. Mr. Bowler said he would like to increase productivity in City Hall through improved equipment, such as data processing; improve staff morale through Council communication and appreciation of the work they are doing; reduce regulations through re-codification and elimination of unenforceable City Ordinances, and to have sunset clauses on new legislation that would automatically force a re-evaluation or elimination after a certain period of time. Mr. Bowler said the City had to become more competitive in attracting new businesses, not only by cutting bureaucracy but through civic improvements such as widening the sidewalks and installing benches for better pedestrian access. He said that he was very interested in reinstating a cultural environment and activities within the City, both through Civic support and business and community sponsorship; said he would like to explore an electric shuttle between the "Tri-Cities"; and, he would like a resolution to: 1) the Fire Department, either through consolidation or the appointment of a Fire Chief and adequate staffing; 2) the City Yard; and 3) emergency procedures. Mayor Edgerton said he had intended to talk on Planning Commission issues and what he wanted done, but would address the larger issues as he agreed with most things said by the other Council members. Mr. Edgerton extolled the virtues of Hermosa Beach's neighborhoods, beach, "small town" atmosphere, independent Fire and Police, independent school system and zoning laws for R-1 residential areas; he said this could be preserved only through adequate revenue, that could not come from property taxes alone, and needed the sales tax base of good, financially sound businesses. Mr. Edgerton spoke of the increase of well capitalized businesses coming to Hermosa and said the City was now attracting "thoroughbreds, not mustangs". Mr. Edgerton then moved to Planning Commission items and listed his priorities for business as: 1) resolution of CUPs, development of a comprehensive list of which types of businesses needed a CUP and which did not; 2) relaxation of the parking restrictions in the downtown area; and, 3) revamping the Pier. He listed his priorities for residential areas as: 1) lower the open space requirements on lots 2,100 square feet or smaller; 2) opposition to any down-zoning of residential units in the residential areas; and 3) strict interpretation of the zoning code or else change the laws where interpretation is vague or subjective. Mr. Edgerton said that he believed the Planning Commission should consider City Council items as their first priority. City Attorney Vose said the problem with CUPs, which is different from the problem with any of the other goals, is that a CUP, because of its zoning implications, has to go through the public hearing process and the Council could not decide that issue now as it had to go to the Planning Commission first before it can come to the Council; therefore the Council could not set the policy of which CUPs to throw out and which ones to keep and give that list to the Planning Commission for review, as zoning matters required a public hearing by the Planning Commission first, then the Council could make a final decision. Planning Director Schubach responded to Council questions and said the CUP study, if approved tonight, would be back before the Council within 60 days. Action: To direct staff to set a joint meeting with the Planning Commission and Planning staff, at everyone's earliest convenience; to include the supplemental item presented from the Planning Department along with a time line for the Planning Department studies; and, to include a summary of the Council list produced tonight as an agenda item. Motion Reviczky, second Oakes. The motion carried without objection. Final Action: To approve staff recommendation to expand the scope of the study to be a comprehensive review of the entire commercial permitted use lists, definitions, and which uses require CUPs, with the understanding that the study would return to Council within 60 days. Motion Reviczky, second Mayor Edgerton. The motion carried without objection. A point of order was raised by Jim Lissner regarding the public comment portion of the meeting. City Attorney Vose said this was a continued meeting that had been announced at the last Regular meeting, therefore no public comment period was required tonight as anyone could speak at the Regular meetings. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Palos Verdes Estate Police Captain Michael Wayne Tracy and Sergeant Thomas Vanderpool on Thursday, February 17, 1994 at the hour of 9:29 P.M. to a closed session which convened at 9:45 P.M. for discussion of Pending Litigation: pursuant to Government Code Section 54956.9(a), Allen v. City of Hermosa Beach and Geist v. City of Hermosa Beach. The closed session adjourned at the hour of 11:00 P.M. to the Regular Meeting of February 22, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on February 25, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Mike Brainhurst, resident ROLL CALL: Present:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS - Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool, the two Palos Verdes Estates Police Officers who were slain in Torrance, with deepest sympathy to their families. PRESENTATIONS: PRESENTATION OF CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM TRW - Steve Crecy, fund raising chairperson for the Veteran's Memorial Committee introduced Don McClain of TRW, who said TRW was pleased to participate in this wonderful tribute the City is doing to honor the veterans and presented a check in the amount of 2,500 for the memorial. PRESENTATION OF CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM BROWNING-FERRIS INDUSTRIES - Steve Crecy, fund raising chairperson for the Veteran's Memorial Committee introduced Chip Scholz of BFI, who said BFI was proud to participate in what would be a lasting tribute to veterans and contributed a check in the amount of 1,000 to the memorial. Mr. Crecy said the memorial was now scheduled for unveiling on May 21, 1994, Armed Forces Day, and noted that they were still 2,500 short of their goal. PRESENTATION OF CHECK TO THE AMERICAN RED CROSS EARTHQUAKE RELIEF FUND FROM THE HERMOSA BEACH RESTAURANT & TAVERN OWNER'S ASSOCIATION - Bill Bastion, Hermosa Beach Restaurant and Tavern Owners Association President thanked everyone for their support and presented a check for the Earthquake Relief Fund in the amount of 4,224 to a representative from the American Red Cross, who expressed appreciation for the support of the Association and the residents of the City. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: June Williams - 2065 Manhattan Avenue, expressed concern that the presentation of a check to the American Red Cross Earthquake Fund from the Hermosa Beach Restaurant and Tavern Owner's Association was presented at a Council meeting; Jim Lissner - 2715 El Oeste Drive, disagreed with the Council decision to underground utilities in the business areas downtown and along Pacific Coast Highway rather than in residential areas; and, Shirley Cassell - 611 Monterey Blvd., requested that items 1(f) and (j) be pulled from the consent calendar. (b)WRITTEN COMMUNICATIONS - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k) with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Benz, (e) Oakes, (f) Benz, (h) Bowler, (i) Bowler, and (j) Benz. Motion Benz, second Reviczky. So ordered. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1)Minutes of the Adjourned Regular meeting held on February 3, 1994; and, (2)Minutes of the Regular meeting held on February 8, 1994. Action: To approve the minutes of the Adjourned Regular meeting of February 3, 1994 and the Regular meeting of February 8, 1994 as presented. (b)RECOMMENDATION TO RATIFY DEMANDS AND WARRANTS Nos. 46303 and 46406 THROUGH 46626 INCLUSIVE, noting voided warrants Nos. 46409, 46410, 46411, 46412, 46493, 46494. 46524 and 46546, and to approve cancellation of certain warrants as recommended by the City Treasurer. Action: To ratify the demands and warrants as presented. (c)RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Attorney Vose responded to Council questions. Action: To make the needed changes regarding film permits a priority on the future agenda item list. Motion Benz, second Oakes. The motion carried by a unanimous vote. Action: To receive and file the tentative future agenda items as presented. Motion Benz, second Bowler. So ordered. (d)RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 1994 FINANCIAL REPORTS: (1)Revenue and expenditure report; (2)City Treasurer's report; and, (3)Investment report. Action: To receive and file the January, 1994 Financial Reports as presented. (e)RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A CROSSING GUARDS MAINTENANCE DISTRICT DURING FY 1994-95. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Public Works Director Amirani and City Manager Burrell responded to Council questions, and it was suggested that this item be a topic at the joint meeting with the School Board. Action: To approve the staff recommendation and adopt Resolution No. 94-5661, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 2, CHAPTER 3.5, TITLE 5, OF 'THE CROSSING GUARDS MAINTENANCE DISTRICT (ACT OF 1973)', 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, 1994 AND ENDING JUNE 30, 1995." Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. (f)RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT DURING FY 1994-95. Memorandum from Public Works Director Amy Amirani dated February 14, 1994. Supplemental letter from Howard Longacre, 1221 Seventh Place, dated February 22, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Vose and City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., suggested lower-ing the tax payer assessment amount since there is an over-abundance of money in the account. Action: To approve the staff recommendation to: 1)approve changing the Street Lighting Assessment District title to Landscaping and Street Lighting Assessment District; and, 2)adopt Resolution No. 94-5662, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2, 'LANDSCAPING AND LIGHTING ACT OF 1972', BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF OR PLANTING LANDSCAPING AND STREET LIGHTING FIXTURES, APPURTENANCES AND APPURTENANT WORK AND THE MAINTENANCE THEREOF IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995." Motion Reviczky, second Benz. The motion carried by a unanimous vote. (g)REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL AND ONE POLICE SERGEANT. Memorandum from Personnel Director Robert Blackwood dated February 9, 1994. Action: To approve the staff recommendation to extend by 30 days the temporary appointment of a Sweeper Operator, a Maintenance I position, and a Police Sergeant. (h)RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO STUDY 17' GARAGE SETBACK. Memorandum from Planning Director Michael Schubach dated February 15, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Planning Director Schubach presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: June Williams - 2065 Manhattan Avenue, said the 17-foot setback applied only to the driveway and the upper floor of a house could be cantilevered over that; and that it should be clarified that the rule only applies to over 50 percent remodels; and, Dean Nota - 2467 Myrtle Avenue, said he has always objected to the 17-foot setback requirement because it takes away flexibility, that there are other less burdensome methods to achieve the same thing; supported studying the issue, at least a study on including right-of-ways. Action: To adopt Resolution No. 94-5663, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY AND POSSIBLE TEXT AMENDMENT TO THE ZONING ORDINANCE IN REGARDS TO THE 17-FOOT GARAGE SETBACK." Motion Bowler, second Benz. The motion carried by a unanimous vote. (i)RECOMMENDATION FOR APPROVAL OF ENCROACHMENT PERMIT APPLICATION TO ALLOW A NEWLY CONSTRUCTED 6' HIGH REPLACEMENT FENCE ON THE PUBLIC RIGHT-OF-WAY ADJACENT TO 624 GOULD AVENUE. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Action: To approve the staff recommendation to approve the encroachment permit application to allow a newly constructed 6 foot high replacement fence on the public right-of-way adjacent to 624 Gould Avenue. Motion Bowler, second Benz. The motion carried by a unanimous vote. (j)Recommendation for award of bid for preliminary engineering and final design for Earthquake Reinforcement of Clark Building - CIP 90-616. Memorandum from Public Works Director Amy Amirani dated February 14, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., said the Clark building was old and tired and the City would be throwing money away to try to engineer a seismic retrofit; said the City should tear the old building down and build a new one. Action: To approve the staff recommendation to: 1) award the contract in the amount of 5,200 to Barelli & Associates, Inc. of Los Angeles, California, to perform preliminary engineering for seismic retrofit of the Clark building; 2) authorize the Mayor to execute and the City Clerk to attest to the engineering services agreement subject to approval by the City Attorney; and, 3) authorize the Director of Public Works to make necessary adjustments within the approved budget. Motion Benz, second Bowler. The motion carried by a unanimous vote. (k)Recommendation to receive and file report on 6 month review of Parking Enforcement Division and to direct staff to provide a final year Parking Division report for FY 93-94. Memorandum from Assistant City Manager Mary Rooney dated February 10, 1994. Action: To approve the staff recommendation to receive and file this report. 2.CONSENT ORDINANCES a.ORDINANCE NO. 94-1104 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE OIL CODE, REGARDING THE DEFINITION OF GRADE AND TO AMEND SECTION 21A-2.9(C) TO ALLOW FENCING LESS THAN 5 FEET FROM THE PROPERTY LINE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 10, 1994. Action: to adopt Ordinance No. 94-1104. Motion Benz, second Bowler. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None b."AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAXES AND PENALTIES FOR DELINQUENCY." For waiver of full reading and introduction. Memorandum from Finance Director Viki Copeland dated February 16, 1994. Finance Director Copeland presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., said the property lien was a great idea and suggested sending bills to the owner as well as the business owner so they are both aware. Action: To waive further reading of Ordinance No. 94-1105, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTIONS 30-23.1 AND 30-23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAX AND PENALTIES FOR DELINQUENCY." Motion Reviczky, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None Final Action: To introduce Ordinance No. 94-1105. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Bowler. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(a), (c), (e), (f), (h), (i), and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. The meeting recessed at 8:57 P.M. The meeting reconvened at 9:29 P.M. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.MID-YEAR BUDGET REVIEW FY 1993-94. Memorandum from Finance Director Viki Copeland dated February 15, 1994. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and designations as recommended by staff and as shown in attachments A and B. Motion Benz, second Bowler. The motion carried by a unanimous vote. 5.RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE, SALE AND EXCHANGE OF REAL PROPERTY AGREEMENT WITH VASEK POLAK AND RELATED DOCUMENTS FOR PARKING ACCESS PURPOSES. Memorandum from City Manager Stephen R. Burrell dated February 16, 1994. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Vose said the blank space on the front page of the document would be filled in with Lots 58, 61, 62, and 63. Action: To approve the staff recommendation to adopt Resolution No. 94-5664, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PURCHASE, SALE AND EXCHANGE OF REAL PROPERTY AGREEMENT WITH VASEK POLAK AND RELATED DOCUMENTS FOR PARKING ACCESS PURPOSES." Motion Benz, second Oakes. The motion carried by a unanimous vote. 6.DOWNTOWN AREA ISSUES. Memorandum from Public Works Director Amy Amirani dated February 15, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell and Finance Director Copeland also responded to Council questions. Coming forward to address the Council on this item was: Jerry Newton - Downtown Business Area Enhancement District Advisory Commission Chairperson, said the consultant would not be paid from the City General Fund but from revenues generated by the downtown parking lots; the cost would be approximately 50,000 to 80,000 for the study and would take from four to six months to complete; said it was more cost effective to go with an outside consultant than to tie up City staff for this period of time; said there was a current balance of close to 300,000 in the fund and the parking lots generated approximately 84,000 annually after expenses; said the consultant would also study funding sources for the implementation of the master plan for the downtown area. Action: To approve the staff recommendation to: prepare a Scope of Work to retain a consultant to prepare a Comprehensive Implementation Plan for Downtown Hermosa Beach including engineering services for redesign of lower Pier Avenue and Hermosa Avenue from 8th Street to 16th Street. The implementation Plan shall include: 1)architecture; 2)traffic circulation; 3)survey; 4)civil engineering design; 5)urban design; 6)landscaping; 7)infrastructure capacity analysis; 8)drainage analysis; 9)economic development and market analysis; and, 10)parking and fiscal impact analysis. Motion Bowler, second Benz. The motion carried by a unanimous vote. 7.REPORT ON CITY ATTORNEY SERVICES. Memorandum from City Manager Stephen R. Burrell dated February 17, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the report. Motion Bowler, second Reviczky. So ordered. Proposed Action: To explore alternative law firms to see if there are any that would contract less expensively and perhaps include special litigation costs. Motion Benz. The motion died due to the lack of a second. 8.COMPUTER SOFTWARE AND PARKING ENFORCEMENT HARDWARE PURCHASES: PC NETWORK. Memorandum from Assistant City Manager Mary Rooney and Finance Director Viki Copeland dated January 18, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. Finance Director Copeland also responded to Council questions Coming forward to address the Council on this item were: Ed Torkelson - Eden Software representative, said the support costs included an unlimited 1-800 number for support, plus all updates and enhancements to the program after purchase; and, Marjorie Fleming - Data Ticket representative, responded to Council questions. Action: To approve the staff recommendation contained in attachment "A" consisting of software packages from: 1) Eden Systems, a comprehensive City-wide Financial package for Personnel; payroll; financial accounting; investment tracking; budget preparation; fixed assets; and animal tracking for a cost of 64,502; 2) Sierra Systems, Geo-Base/Permits/Licenses, an automated tracking system for business licensing; permit tracking; and complaint tracking for use by Planning, Building, Fire Inspections; Public Works Projects and Inspections for a cost of 27,453; and, 3) Codemaster, an indexing program and future City Code Maintenance program for the City Clerk for State mandated Council action index (with the capability of Municipal Code maintenance if re-codification is done) for a cost of 2,500, which brings the total cost for the three programs to 94,455. And, with the understanding that there will be a provision for source code verification. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To approve the staff recommendation contained in attachment "B" consisting of software and hardware for Parking Enforcement 1993-94 of: 1) Terminator System, through Data Ticket, a Windows based software that includes Citation Processing, Data Conversion, Employee Training, Maintenance, Bar Code Reader, and on-line DMV retrieval for a cost of 17,989; and, 2) Ticketrak System, hardware through Data Ticket that includes eight (8) handheld Citation writers; maintenance, dial link to computer, training, and is software compatible to the Terminator System for a cost of 26,645, which brings the total costs for fiscal year 1993-94 to 44,634. And, with the understanding that there will be a provision for source code verification. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Final Action: To approve a five percent contingency figure and to direct staff to monitor and develop an analysis of the frequency with which staff uses the 1-800 support costs for the programs. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: (a)Request by Mayor Edgerton to discuss adopting a resolution for a new ordinance creating a conflict of interest code for the Planning Commission and City Council. Mayor Edgerton discussed his request. City Attorney Vose responded to Council questions. Action: To direct the City Attorney to draft a Conflict of Interest Code for the City Council and the Planning Commission that would include the provision that a prior written notice be sent to the City Attorney for review with regard to possible conflicts of interest by any member of a decision making body and that the proposed Code be sent to the Planning Commission for its review prior to adoption. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward at this time to address the Council were: June Williams - 2065 Manhattan Avenue, said she saw no problem with a Conflict of Interest Code for the City Council and the Planning Commission, but, questioned the appearance of impropriety of three Councilmembers often drinking together; and, Christopher Boyle - Redondo Beach, spoke regarding the accessibility of drinking fountains along the Strand portion of the bicycle path; said the fountain by the restrooms at the Pier head was in the sand, therefor it was difficult for bicyclists or skaters to use it; asked that some paving be put down (was told that there were other drinking fountains available in that locality). ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Palos Verdes Estates Police Captain Michael Wayne Tracy and Sergeant Vernon Thomas Vanderpool on Tuesday, February 22, 1994 at the hour of 11:35 P.M. to an Adjourned Regular Meeting on March 3, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for discussion of Pending Litigation: pursuant to Government Code Section 54956.9(a), Allen v. City of Hermosa Beach. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 8, 1994, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Betty Martin, resident ROLL CALL: Present:Benz, Oakes, Reviczky, Mayor Edgerton Absent:Bowler PROCLAMATION-"SAVE YOUR VISION WEEK":Mayor Edgerton proclaimed the week of March 6 through 12, 1994 as "Save your Vision Week" and urged all Hermosa Beach residents to observe this special week by paying extra attention to their visual needs and the visual needs of their families. The Proclamation was accepted by Dr. Warren Barr on behalf of the South Bay Optometric Association. PRESENTATION OF A CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM THE HERMOSA BEACH CHAMBER OF COMMERCE - Warren Barr, O.D., Chamber of Commerce President, presented a check in the amount of 500 to Ken Marks, Veteran's Memorial Committee Chairperson, who thanked the Chamber for its donation and said that the slab for the memorial was poured last Saturday and the Committee was now half way to its goal. PRESENTATION OF A CHECK TO THE VETERAN'S MEMORIAL COMMITTEE FROM THE HERMOSA BEACH KIWANIS CLUB - Dallas Yost and Michael Schubach of the Hermosa Beach Kiwanis Club presented a check in the amount of 1,000 to Ken Marks, Veteran's Memorial Committee Chairperson, who thanked the Kiwanis for its donation and said this was the second check in the amount of 1,000 presented by the Kiwanis. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, spoke regarding an "Easy Reader" article on the City budget shortfall of 350,000 and felt the emphasis on sales tax revenue loss was misleading as sales tax was only 9.8 percent of the City's revenue and the sales tax decline amounted to one half of a percentage point in the total budget; Shirley Cassell - 611 Monterey Blvd., spoke regarding the same article; said the 36,000 collected in sales tax annually from restaurants that served hard liquor seemed very low; said if there were only 20 such establishments in the City that would be 5.00 a day from each; suggested something was wrong and there should be an investigation; and, June Williams - 2065 Manhattan Avenue, spoke regarding Mayor Edgerton's stated concern that the Council and Planning Commission should have no "appearance of impropriety" and questioned his purchase of a BMW from Vasek Polak so soon after the completion of a City land sale to Mr. Polak; questioned if any consideration given by Mr. Polak on the vehicle sale would be shown on the Mayor's financial disclosure statements. (City Attorney Vose said that he had advised Mayor Edgerton that there was no conflict of interest.) (b)WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Reviczky, (d) Benz, and (e) Oakes. Motion Benz, second Reviczky. So ordered, noting the absence of Bowler. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting of February 17, 1994; and, 2)Minutes of the Regular Meeting of February 22, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of February 17, 1994 and the minutes of the Regular Meeting of February 22, 1994 as presented. (Bowler absent) (b)RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46627 through 46691 inclusive, noting voided warrants Nos. 46628, 46629 and 46653. Action: To ratify the demands an warrants as presented. (Bowler absent) (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Assistant City Manager Rooney and City Attorney Vose responded to Council questions. Action: To receive and file the tentative future agenda items as presented, with the deletion of the required attendance by the Planning Commission at the joint meeting with the School District and Parks, Recreation and Community Resources Advisory Commission scheduled for April, 1994. Motion Reviczky, second Mayor Edgerton. The motion carried unanimously, noting the absence of Bowler. (d)RECOMMENDATION FOR AUTHORIZATION TO PURCHASE POLICE AND PARKING ENFORCEMENT VEHICLES. Memorandum from Police Chief Val Straser dated February 28, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding the request to waive formal bidding on the Frankson's vehicles as the sole provider. Police Chief Straser presented the staff report, responded to Council questions and said the Frankson's GO-4 vehicles were safer (had a roll bar) and more economical (had a Ford Fiesta engine) than the Cushman vehicles. Assistant City Manager Rooney and City Attorney Vose also responded to Council questions. Action: To approve the staff recommendation to: 1)authorize the purchase of one (1) 1994 Chevrolet Caprice police patrol/traffic vehicle through the Cooperative Purchase provisions of the Los Angeles County Vehicle Contract, Bid #Q220 through Sopp Chevrolet for a total cost of 17,196, to replace two (2) surplus traffic vehicles both with over 100,000 miles on their odometer; 2)authorize the purchase of one (1) 1994 Jeep Cherokee 4X4 beach patrol vehicle through the State Contract Purchase Contract, bid #1-94-23-20 through Swift Dodge for a total cost of 21,068 to replace the 1991 Jeep Cherokee that has serious rust problems in the chassis; and, 3)waive formal bidding per Municipal Code and award an order to Frankson's, Inc., as the only available dealer, for one (1) GO-4 electric utility vehicle for a total cost of 21,068 to be purchased through the AQMD Fund (the AQMD requires that 10 percent of all City fleet vehicles be powered by alternative fuel), with the understanding that the vehicle purchase was authorized and funds appropriated in the 1993-94 adopted budget. But, to direct staff to undertake a formal bid process for three (3) generic gas utility vehicles (parking enforcement) and bring the result back to Council as a future agenda item. Motion Benz, second Reviczky. The motion carried unanimously, noting the absence of Bowler. (e)RECOMMENDATION TO APPROVE THE FOLLOWING PROFESSIONAL VOLLEYBALL CONTRACTS. Supplemental memorandum from Jim Lissner, 2715 El Oeste Drive, dated March 8, 1994 for items 1(e) (1) and (2). Supplemental memorandum from Community Resources staff dated March 8, 1994 for items 1(e) (1) and (2). 1)Association of Volleyball Professionals (AVP) Beach Volleyball Tournament: 1994 World Championships. Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. Supplemental memorandum from Community Resource Department staff dated March 7, 1994. 2)C.E. Sports and Entertainment American Beach Volleyball League (ABVL) 4-Man Professional Beach Volleyball Tournament. Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions saying that Hermosa Beach was the most expensive stop on the AVP tour. Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., concerned with the inspection of the grandstands saying the City should require inspection by a certified inspector rather than City inspectors; said the AVP liability insurance was too low and should be at least 20,000,000; and the City should charge at least 1,000 per day for set-up days; Jim Lissner - 2715 El Oeste Drive, spoke regarding his letter; expressed concern regarding the helicopter, for camera coverage of the event, saying it did not observe all safety precautions and its flight pattern should be monitored; also spoke of inadequacy of insurance for the event; and, Matt Gage - Tour Director of the AVP, said the AVP had asked for an extra set-up day for this event because last year the company that did the bleacher set-up (the largest in the nation) had to work after hours in order to accomplish the bleacher set-up in time and the noise had caused complaints. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from the Association of Volleyball Professionals (AVP) to hold the two-man professional beach volleyball tournament on the Hermosa Beach Pier Courts on August 26-28, 1994 with: 1)permit fees of 10,962; 2)estimated Police fees of 9,478; 3)film permit location fees of 1,518.50; 4)co-sponsor fees of 500; 5)estimated parking fees of 1,845; 6)sound permit of 38; and, 7)banner permit of 387, for a total projected revenue to the City of 24,728.50 for the tournament. And, with the understanding that staff would ensure that all safety concerns would be met in an appropriate manner. Motion Benz, second Oakes. The motion carried unanimously, noting the absence of Bowler. Final Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from C.E. Sports and the American Beach Volleyball League (ABVL) to hold the four-man professional beach volleyball tournament on the Hermosa Beach Pier Courts on May 7 and 8, 1994 with: 1)permit fees of 4,179.40; 2)estimated Police fees of 1,840; 3)film permit location fees of 759.25; 4)co-sponsor fees of 500; 5)sound permit of 38; and, 6)banner permit of 387, for a total projected revenue to the City of 7,703.65 for the tournament. Motion Mayor Edgerton, second Reviczky. The motion carried unanimously, noting the absence of Bowler. (f)RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE SOUTH BAY COALITION (FORMERLY BEACH CITIES COALITION FOR ALCOHOL AND DRUG FREE YOUTH, INC.). Memorandum from Community Resources Director Mary Rooney dated March 1, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Coalition and the City for the use of Room 4 in the Community Center at a rate of 694 per month (798 sq.ft. X .87 per sq.ft.) from April 1, 1994 through June 30, 1994, and, 718 per month (798 sq.ft. X .90 per sq.ft.) from July 1, 1994 through March 31, 1995, for a total rental income of 8,544; and, 2)authorize the Mayor to sign the lease. (Bowler absent) (g)REQUEST FOR 30 DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO COMMUNITY SERVICE OFFICERS. Memorandum from Personnel Director Robert Blackwood dated February 28, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Community Service Officers. (Bowler absent) 2.CONSENT ORDINANCES a)ORDINANCE NO. 94-1105 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING SECTIONS 30-23.1 AND 30-23.2 TO CHAPTER 1 OF THE HERMOSA BEACH MUNICIPAL CODE TO PROVIDE A SYSTEM OF COLLECTION OF DELINQUENT TRANSIENT OCCUPANCY TAXES AND PENALTIES FOR DELINQUENCY." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1105. Motion Reviczky, second Oakes. AYES: Oakes, Reviczky, Mayor Edgerton NOES:Benz ABSENT:Bowler 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c), (d) and (e) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.REVISED PROPOSITION C AMOUNT FOR UTILIZING WAVE DIAL-A-RIDE VEHICLES FOR FIESTA DE LAS ARTES. Memorandum from Planning Director Michael Schubach dated March 1, 1994. Planning Director Schubach presented the staff report and responded to Council questions and said there had been a miscalculation on the previously approved item and the Chamber was now asking for less money. Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., said she did not think the Chamber of Commerce should get this money as it could be used for other purposes such as paving streets; questioned whether Mayor Edgerton or Councilmember Bowler (absent) should be allowed to vote on this item as they were on the Chamber Board of Directors; also questioned Assistant City Manager Mary Rooney being on the Chamber Board; Carol Hunt - Chamber of Commerce Executive Director, said that both Mayor Edgerton and Assistant City Manager Rooney were non-voting City representatives to the Board of Directors; said Councilmember Bowler was a voting member of the Chamber Board. Action: To approve the staff recommendation to approve an adjusted allocation of Proposition C funds for the Fiesta de las Artes transportation vehicles for both week-end events for a total cost of 6,731.43. Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Bowler. 5.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A PASSENGER LOADING ZONE, i.e. TAXI ZONE, AND A COMMERCIAL LOADING ZONE ALONG THE MEDIAN OF PIER AVENUE WEST OF HERMOSA AVENUE. Memorandum from Public Works Director Amy Amirani dated February 22, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Jim Hanneman - L.A. Yellow Cab representative, said the downtown bar business was until 2:30 A.M. and on week-ends and having cabs downtown was a service to the City as it took inebriated potential drivers off of the streets; and, Parker Herriott - 224 24th Street, said it was not a good idea for cabs to park at the median, as people getting into and out of cabs would be in the traffic lane and apt to jaywalk; said this would be a safety hazard; said downtown would start to look like LAX; questioned if this would also allow limo parking. Action: To approve the staff recommendation to adopt Resolution No. 94-5665, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERRMOSA BEACH, CALIFORNIA, ESTABLISHING LOADING ZONES.", which establishes passenger loading zones for taxi cabs and commercial loading zones along the median of Pier Avenue west of Hermosa Avenue, with the understanding that this item would be brought back within 90 days for Council review. Motion Benz, second Reviczky. The motion carried unanimously, noting the absence of Bowler. The meeting recessed at 8:53 P.M. The meeting reconvened at 9:16 P.M. 6.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a)TENTATIVE DATES FOR JOINT STUDY SESSIONS. Memorandum from City Manager Stephen R. Burrell dated March 3, 1994. Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Tuesday, March 29, 1994 at the hour of 7:00 P.M. be set for the joint study session between the City Council and the Planning Commission. (Bowler absent) Final Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Thursday, April 14, 1994 at the hour of 7:00 P.M. be set for the joint study session between the City Council and the Hermosa Beach School District; Parks, Recreation and Community Resources Advisory Commission; and, Planning Commission. (Bowler absent) ++++++++ REVIEW BREAKPOINT (not part of the minutes) 7.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL Mayor Edgerton said that two local photographers, Robbie Hutas and John Post, would be willing to donate photographs taken of Hermosa Beach to the City if the Council were willing to accept and publicly display them. The Council expressed interest and agreed with Mayor Edgerton's direction that the item be agendized for the Regular Meeting of March 22, 1994. 8.OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: (a)REQUEST FROM MAYOR EDGERTON FOR CLARIFICATION OF USE OF PROCEEDS AND OIL INDEMNITY FUND. Mayor Edgerton discussed his request and requested a clarification and status report from the City Attorney. City Attorney Vose said he would have a full report for the Regular Meeting of March 22, 1994. Mayor Edgerton directed, with the consensus of the Council, that this item be continued to the Regular Meeting of March 22, 1994. (Bowler absent) (b)REQUEST FROM COUNCILMEMBER REVICZKY FOR DISCUSSION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANTS. Memorandum from Councilmember Reviczky dated March 1, 1994. Supplemental memorandum from City Manager Stephen R. Burrell dated March 3, 1994. Councilmember Reviczky discussed his request, said that Hermosa Beach was eligible for up to 134,000 annually and read a list of projects that other cities were doing with their Community Development Block Grants (CDBG) which included: graffiti removal; park development; sidewalk, street and median improvement; We-Tip; juvenile diversion; community resources improvement; business district beautification; ADA compliance; and seismic retrofits among other things. After discussion, City Manager Burrell was directed to investigate possible Federal funding for the City storm drain clean-up. Action: To agendize this item and direct the City Manager to report back with all of the requirements for the City to again participate in the County Community Development Block Grant (CDBG) Program. Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Bowler. (c)REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS REDUCING TRANSIENT OCCUPANCY TAX TO CORRESPOND WITH NEIGHBORING CITIES. Supplemental memorandum from Finance Director Viki Copeland dated March 7, 1994. Councilmember Benz requested that this item be continued to the Regular Meeting of March 22, 1994 in order for Councilmember Bowler to be present. (d)REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS THE ELIMINATION OF PARKING ENFORCEMENT FOR COMMERCIAL AREAS AFTER 5:00 P.M. Councilmember Benz discussed his request. Action: To agendize this item for the Regular Meeting of March 22, 1994 with the direction that staff provide information on the policies of neighboring cities and the financial impact for Hermosa Beach. Motion Benz, second Oakes. So ordered, noting the absence of Bowler. CITIZEN COMMENTS Coming forward to address the Council at this time were: Parker Herriott - 224 24th Street, expressed concern that the sponsor of the AVP event approved by the Council allowed children to have free non-alcoholic beer and that this "beer" was allowed on the beach; requested an analysis of the revenue produced through sales tax and the cost to the City through Police problems of the City's bars; and, June Williams - 2065 Manhattan Avenue, wished to clarify that she had said nothing about conflict of interest in regard to Mayor Edgerton's purchase of a vehicle from Vasek Polak but had referred to any consideration that may have been given by the dealer as a disclosure on the next financial disclosure statement. Councilmember Reviczky announced that Saturday, March 12, 1994 at 9:00 A.M. was the opening game of the Hermosa Beach Little League season at Clark Field and invited the Council and the public to attend. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 8, 1994 at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, March 22, 1994 at the hour of 7:00 P.M. ___________________________ Deputy City Clerk ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 22, 1994, at the hour of 7:10 P.M. -PLEDGE OF ALLEGIANCE - Chantel Hargis, MultiVision Cable TV -ROLL CALL: Present:Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent:Mayor Edgerton -ANNOUNCEMENTS - Mayor Pro Tempore Benz announced that item #7, under Municipal Matters, had been removed from the agenda at the request of staff. PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - 611 Monterey Blvd., concerned with the potential for a conflict of interest if Mayor Edgerton and Councilmember Bowler vote on Chamber of Commerce items as both are Chamber Boardmembers; feels they should not render Council votes on Chamber items; Brian Crispen - 139 30th Street, spoke regarding resident parking permits; said he had been told by the Cashier's Department that there was a "grace" period for the renewal of last year's permits, but had received a parking ticket during that time (City Manager Burrell said he would bring the item back on the agenda for the Regular meeting of April 12, 1994); Jan McHugh - 718 First Place, expressed concern that the appraisal for the Vasek Polack land sale/swap was not public record; also concerned that the City is making improvements to the property; questioned if the three new Councilmembers had read the documents (City Attorney Vose said that appraisal reports are exempt from the Public Records Act until the contracts are signed. All Councilmembers said they had read the contracts and transaction records thoroughly.); Paul Scannell - 531 Loma Drive, questioned how he could speak to his letter (item (b)1); John McHugh - 718 First Place, questioned the signs in Mayor Pro Tempore Benz' windows and whether he would apply for a permit for the "Ironman Contest"; and, Robert McAlinden - "Bestie's" owner, resident, spoke positively of his experience with Mayor Edgerton and Mayor Pro Tempore Benz and spoke against the effort for their recall. (b)WRITTEN COMMUNICATION 1.Letter from Frances Parker, Paul Scannell and Susan Fuhs dated February 14, 1994 regarding the South School site. Community Resources Director Mary Rooney responded to Council questions. Coming forward to address the Council on this item was: Paul Scannell - 531 Loma Drive, spoke to the joint letter which requested that they be allowed to purchase the ten foot strip of South School Park land behind their homes. Action: To agendize the issue of all encroachments on the South School Park site. Motion Reviczky, second Oakes. So ordered, noting the absence of Mayor Edgerton. 2.Letter from Carol Hunt, Executive Director of the Hermosa Beach Chamber of Commerce, dated March 15, 1994, requesting approval for closure of Pier Avenue from Hermosa Avenue to Beach Drive on June 19, 1994 for the "Pier Promenade Street Scene". Coming forward to address the Council on this item was: Warren Barr - Hermosa Beach Chamber of Commerce President, said the Chamber had placed this letter on the agenda in order to bring its planned event before the Council and the public and to answer any questions. Community Resources Director Rooney said that this item would be brought before the Council on a future agenda in conjunction with the request for the Women's Volleyball Tournament. Action: There was no action taken on this item. (Mayor Edgerton absent) 3.Memorandum from the Planning Commission dated March 17, 1994 regarding requested topics for discussion at the City Council/Planning Commission Joint Meeting scheduled for March 29, 1994. Action: After general discussion among the Councilmembers, the consensus was to accept the items listed, with the understanding that the item on C.U.P.s would take most of the meeting time and it might be necessary to schedule an additional joint meeting for the balance of the items. There was no further action taken. (Mayor Edgerton absent) At 7:33 P.M. the order of the agenda was suspended to go to the public hearings starting at item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky, (I) Oakes. Motion Bowler, second Reviczky. So ordered, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. At 8:58 P.M. the order of the agenda was suspended to go to Municipal Matters starting with item 7. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting of March 8, 1994. Action: To approve the minutes of the Regular Meeting of February 8, 1994 as presented, noting the absence of Mayor Edgerton. (b)RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46692 through 46824 inclusive, noting voided warrants Nos. 46694, 46695, 46749, 46750, 46782, and 46785. Action: To ratify the demands and warrants as presented, noting the absence of Mayor Edgerton. (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented, noting the absence of Mayor Edgerton. (d)RECOMMENDATION TO RECEIVE AND FILE AND FEBRUARY 1994 FINANCIAL REPORTS: (1)Revenue and expenditure report; (2)City Treasurer's report; and, (3)Investment report. Action: To receive and file the February 1994 Financial Reports as presented, noting the absence of Mayor Edgerton. (e)REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL AND ONE POLICE SERGEANT. Memorandum from Personnel Director Robert Blackwood dated March 1, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Public Works Field Personnel and one Police Sergeant, noting the absence of Mayor Edgerton. (f)REQUEST FOR APPROVAL OF CRITERIA FOR DISTRIBUTION OF IN-LIEU PARKING SPACES. Memorandum from Public Works Director Amy Amirani dated March 15, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, due to questions regarding the funding of additional parking spaces. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item was: Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commission member, spoke to clarify the program and the criteria policy requested by the Commission. Action: To approve the Downtown Business Area Enhancement District Advisory Commission recommendation to approve the criteria for distribution of the 20 In-Lieu parking spaces for business incentive as follows: 1)any assignment or distribution subject to City Council approval; 2)first priority to loss of parking on Pier Avenue or Hermosa Avenue due to R/UDAT implementation; 3)remaining distribution based on the following: a)new construction or remodels of existing buildings; b)only to meet parking requirements for daytime office/retail use; c)only to projects under 10,000 square feet; and, d)maximum allocation limited to 50 percent of required parking needs, with the understanding that Councilmember Reviczky's concerns, that money be set aside from the in-lieu fees to cover the expense of providing the parking spaces when it became necessary to comply, be noted. Motion Reviczky, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. (g)RECOMMENDATION TO APPROVE AWARD OF CONTRACT TO STUDY CONSOLIDATION OF BEACH CITIES FIRE DEPARTMENTS. Memorandum from City Manager Stephen Burrell dated March 16, 1994. Action: To approve the staff recommendation that a contract for an amount not to exceed 39,325 be awarded to Ralph Anderson and Associates (selected by all three beach cities) to conduct a study to determine the feasibility of consolidating the three beach cities' fire departments, with the understanding that the award of the contract is contingent upon the decision of Manhattan Beach and Redondo Beach to also approve the study and with the understanding that the actual cost to Hermosa Beach would be one-third of the contract cost which equals 13,108 (15,000 was approved for the study in the 1993-94 budget), noting the absence of Mayor Edgerton. (h)REQUEST FROM THE KIWANIS CLUB TO BUILD A TRASH ENCLOSURE ON CITY OWNED PROPERTY. Memorandum from Planning Director Michael Schubach dated March 15, 1994. Action: To approve the staff recommendation to approve the request to construct a trash enclosure on public property which is currently leased to the Kiwanis Club, with the understanding that a building permit will also be secured by the Kiwanis Club, noting the absence of Mayor Edgerton. (i)REQUEST TO AUTHORIZE THE PURCHASE OF OFFICE FURNITURE FOR THE DOWNSTAIRS AREA OF THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated March 15, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting, due to a question of where the money came from for the Asset Forfeiture Fund. Police Chief Straser responded to Council questions and said the money was awarded by the Court from assets seized in narcotic cases. Action: To approve the staff recommendation to authorize the purchase of office furniture to outfit the downstairs area of the Police Department through the Los Angeles County purchase agreement #54807 with McDowell Craig Office Furniture of Norwalk for a total cost of 40,134.21, which was approve in the 1993-94 budget with funding through the Narcotics Asset Forfeiture Fund. Motion Oakes, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.CABLE TELEVISION FCC FORM 393: DETERMINATION OF BASIC CABLE TV RATES, with Resolution for adoption. Memorandum from Assistant City Manager Mary Rooney dated March 10, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. The public hearing opened at 7:35 P.M. Coming forward to address the Council on this item were: Chantel Hargis - MultiVision Cable TV representative, requested that the Council reject the staff recommendation and to approve the staff alternate recommendation to accept the current rates as reasonable due to: 1)questionable information from the City's consultant, C.S.G.; 2) the impact of the five percent Franchise Fee and the ten percent Utility User Tax would amount to approximately 12,500 that the City would have to repay or credit to MultiVision; 3)MultiVision's belief that they have met the guidelines and benchmarks; and, 4)new rules from the FCC will be out about May 15, 1994, and MultiVision wishes to go on the record as being opposed to rate regulation; and, Shirley Cassell - 611 Monterey Blvd., suggested the City go out to bid in order to have more than one Cable TV company in Hermosa; said MultiVision had taken basic programs away and placed them in a "super" category that now cost Hermosa Beach residents more money. The public hearing closed at 7:48 P.M. Action: To approve the staff recommendation to: 1)accept the equipment and installation rates as reasonable; 2)disapprove the rate for the Basic Service tier as unreasonable, prescribe a lower rate and order refunds; and, 3)adopt Resolution No. 94-5666, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO SECTIONS 76.936, 76.940, 76.941 AND 76.942 OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION DISAPPROVING EXISTING RATES AND CHARGES FOR THE BASIC SERVICE TIER, IN PART, PRESCRIBING RATES AND CHARGES FOR BASIC SERVICE TIER, AND SEEKING COMMENT WHY REFUNDS SHOULD NOT BE ORDERED.", as amended on page two, Section 5, to change the date of the meeting to read, "...7:30 P.M. on April 12, 1994 ...". Motion Bowler, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. 5.TEXT AMENDMENTS TO THE SIGN ORDINANCE: a)Historical sign exemption b)To allow temporary grand opening and special event signs c)To increase the amount that window signs are allowed to obscure the windows from 20% to 50%, with an Ordinance for introduction and waiver of full reading.Memorandum from Planning Director Michael Schubach dated March 14, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:10 P.M. Coming forward to address the Council on this item were: Roy Palmer - 1909 Bayview Drive, spoke in favor of unrestricted signage for businesses; and, Steve Crecy - Parks, Recreation and Community Resources Advisory Commission Chairperson, spoke in favor of restricting signage and cited Carson Blvd. as an example of the difference that sign restriction can make to the visual blight of an area. The public hearing closed at 8:13 P.M. Action: To approve the Planning Commission and staff re-commendation to amend the Sign Ordinance by: 1)adding provisions to allow reconstruction of nonconforming historic signs; 2)adding exceptions for temporary grand opening signs (to allow balloons, flags, and pennants); 3)introducing Ordinance No. 94-1106, as amended by the City Attorney to change Resolution to Ordinance in the title and to add in Section 1, page two, second paragraph, "An exception may be granted to allow repair or replication of the sign by the procedure set forth..."; and, 4)to refer window signage back to the Planning Commission to study incorporating window signs into the overall signage allowed a business as Manhattan Beach does. Motion Oakes, second Reviczky. The motion carried unanimously, noting the absence of Mayor Edgerton. Final Action: To waive full reading of Ordinance No. 94-1106, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND GRAND OPENINGS." Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: None 6.FINAL ADOPTION OF THE GENERAL PLAN LAND USE ELEMENT REVISION AND ADOPTION OF THE ENVIRONMENTAL ASSESSMENT, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated March 15, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:35 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:35 P.M. Action: To adopt Resolution No. 94-5667, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING AND REVISING THE LAND USE ELEMENT OF THE GENERAL PLAN AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION." Motion Reviczky, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. The meeting recessed at 8:36 P.M. The meeting reconvened at 8:55 P.M. and returned the order of the agenda to item 1. MUNICIPAL MATTERS 7.REPORT ON REDUCTION OF PARKING ENFORCEMENT TIME LIMIT IN THE DOWNTOWN AREA. Memorandum from Public Works Director Amy Amirani dated March 15, 1994. Mayor Pro Tempore Benz had announced at the start of the meeting that this item had been withdrawn at the request of staff. 8.REPORT ON BFI RATE INCREASE, with Resolution for adoption. Memorandum from City Manager Stephen Burrell dated March 15, 1994. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Chip Scholz - Director of Community Relations for BFI, responded to Council questions and said the increase was needed due to the increase in fuel, tires and the general cost of doing business; said this was only the second increase in three and one half years; Shirley Cassell - 611 Monterey Blvd., questioned why residents were required to pay extra for recycling, if the City was given any part of the money collected from recycling, and why residents were required to pay in advance of the service being performed; Hollie Murray - 1775 Valley Drive, said he paid his bill one year in advance and felt this represented a contract with the company, yet received a bill to pay the balance after the last increase; Vitaly Gorodetsky - 1115 First Street, questioned why residents only received one recycling bin, felt it would be better if recyclables were separated; said he had called and had received no response from the company; Bill Feldon - (no address given), questioned why there was no large item pick-up; said people dumped old furniture in the road near his business and was told he had to pay to have the items removed; and, Chip Scholz - BFI, apologized to Mr. Gorodetsky for not returning his call; said that there was free large item pick-up for residential but a charge for commercial, however arrangements could be made to pick up "dumped" item if he was contacted; said the monthly cost per residence for recycling was 3.40 and extra recycling containers are available, but it was less expensive for BFI to pick up non-segregated material and separate it at its facility as the greatest cost in recycling was the time a truck was on the street. Action: To approve the staff recommendations to: 1)approve a 4.18 percent rate increase for residential and commercial accounts effective April 1, 1994, with the condition that BFI not request another rate increase before April, 1995; and, 2)adopt Resolution No. 94-5668, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A 4.18 PERCENT REFUSE RATE INCREASE AND A 4.18 PERCENT RECYCLING RATE INCREASE EFFECTIVE APRIL 1, 1994." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton. 9.AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR SOUTH SCHOOL SITE, with Resolution for adoption. Memorandum from Public Works Director Amy Amirani dated March 14, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Community Resources Director Rooney also responded to Council questions and said that the entrance to the park had not been finalized, that the park entry was one of the areas the consultant was being asked to address. Coming forward to address the Council on this item were: Hollie Murray - 1775 Valley Drive, recounted early history of the site; questioned where the entrance would be as he had heard it would be from Cypress and felt this would not be a good entry street as Cypress was a congested area with many businesses and would need curbs and sidewalks; suggested that the entry be from Valley Drive with parking on the Greenbelt; Bruce Menendez - 1420 Hermosa Avenue, business owner on Cypress, requested that the City send a letter to all owners and businesses on Cypress so that everyone is aware of the potential for a park entrance from Cypress; Steve Crecy - Parks, Recreation and Community Resources Advisory Commission Chairperson, gave a background on the year-long process, including two public hearings, before the Commission; said all property owners had been notified by mail, but the problem was that some of the business owners were not the property owners; thought it might be possible to have the entrance from Valley Drive; thanked the Council for approving the landscape architectural study; Charles Lapham - 1255 Tenth Street, Cypress property owner, said he was not notified; said everyone on Cypress was happy now and did not want more traffic or parking on the street as it could not be accommodated. Action: To approve the staff recommendation to : 1)award the contact for the South School Park landscape architectural services to J.F. Davidson Associates, Inc. in the amount of 19,843; 2)authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; 3)authorize the Director of Public Works to make minor changes to the contract as necessary within the budget; and, 4)adopt Resolution No. 94-1169, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT URBAN TREE PLANTING COMPETITIVE GRANT PROGRAM FOR THE SOUTH SCHOOL PARK PROJECT." Motion Oakes, second Bowler. The motion carried unanimously, noting the absence of Mayor Edgerton. 10.BILTMORE PARK MASTER PLAN. Memorandum from Community Resources Director Mary Rooney dated March 14, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Public Works Director Amirani also responded to Council questions. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, displayed his design and his model and suggested that they also be considered by the architect; concerned that the berms not be high enough that someone could hide behind them; objected to any cul-de-sac, bus parking or Police cars on the property; and said the paths should be less than 10 feet wide; Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commission member, questioned if xeroscape plantings were being considered (staff responded that they were); Howard Longacre - 1221 Seventh Place, said the Ordinance was clear, a cul-de-sac or road on the property was not allowed; Betty Martin - 257 27th Street, said 15th Street needed "No Through Street" signage as people would come down the street, not be able to turn around, then drive through commercial property to get out, creating a hazard (staff responded that there was such signage, but would try to increase or enlarge it); Shirley Cassell - 611 Monterey Blvd., stressed that the City staff must obey the people's vote on the Ordinance; and, Dallas Yost - 65 Pier Avenue, said there was already a parking problem downtown and the Biltmore Park would create a need for even more parking; felt this and the turn-around problem on 15th Street were problems that had to be addressed. Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to forward the conceptual suggestions and items of concern for the Biltmore Park site to the architect, Lawrence Moss and Associates, who was awarded the park design proposal at an amount of 6,000. Items of concern include: 1)no hardscape pathways (decomposed granite or other natural surface); 2) ground plane landscape shall consist of turf, groundcovers and flowers - shrubbery should be avoided or minimized; 3)trees should be mature shade trees (potential for a very large tree in the center of the park should be explored); 4)tall landscape elements should be included near the buildings on 15th Street; 5)security issues such as lighting and visibility should be addressed; 6)sense of entry should be from the Strand; 7)no tot lot; 8)no dogs allowed; and, 9)keep walkways to a maximum width of ten feet. Motion Bowler, second Reviczky. The motion carried unanimously, noting the absence of Mayor Edgerton. 11.REPORT ON OIL PROJECT - REIMBURSEMENT OF CITY'S COST AND ATTORNEY FEES. Memorandum from City Attorney Charles Vose dated March 16, 1994. Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular meeting of April 12, 1994 in order for Mayor Edgerton to be present as he had requested the item. 12.LOS ANGELES COUNTY LIFEGUARD AND BEACH MAINTENANCE SERVICES. Memorandum from Assistant City Manager Mary Rooney dated March 15, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions stating that the public hearing with the board of Supervisors is scheduled for May 5, 1994. Action: To approve the staff recommendation to: 1)receive and file the County Beaches and Harbors staff report; 2)direct the City Council sub-committee to meet with representative from the other cities to discuss this issue and to prepare for the Public Hearing at the Board of Supervisors; and, 3)direct the City Attorney to prepare a report regarding the legal issues surrounding the County's proposed potential service withdrawal. Motion Bowler, second Oakes. The motion carried unanimously, noting the absence of Mayor Edgerton. At 10:20 the order of the agenda was returned to item 2. 13.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER. Supplemental memorandum from City Manager Stephen R. Burrell dated March 21, 1994. City Manager Burrell presented the staff report and explained that the previous date of April 14, 1994 was not available for some of the other boardmembers, but the dates of Thursday, May 12, 1994 at 7:00 P.M. or Thursday June 2, 1994 at 7:00 P.M. were suggested as alternates. Action: Mayor Pro Tempore Benz directed, with the consensus of the Council, that this item be continued to the Regular meeting of April 12, 1994 in order for Mayor Edgerton to be present. 14.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 15.OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: a.REQUEST FROM COUNCILMEMBER BENZ TO DISCUSS REDUCING TRANSIENT OCCUPANCY TAX TO CORRESPOND WITH NEIGHBORING CITIES.Supplemental Memorandum from Finance Director Viki Copeland dated March 7, 1994. (Continued from meeting of March 8, 1994) Mayor Pro Tempore Benz discussed his request and asked if there was any interest from other Councilmembers. There was none. Action: There was no action taken on this item. (Mayor Edgerton absent) b.REQUEST FROM COUNCILMEMBER BOWLER FOR A DOCUMENT OF SUPPORT FOR ASSEMBLY CONSTITUTIONAL AMENDMENT 34 (PRINGLE) REQUIRING FUNDING FOR MANDATED CITY PROGRAMS. Letter from Assemblyman Curt Pringle dated February 25, 1994 with a copy of the proposed constitutional amendment attached. Councilmember Bowler discussed his request. Action: After general discussion, it was directed by consensus of the Council that staff forward letters of support for all legislation regarding State funding for State mandated cost issues. (Mayor Edgerton absent) c.REQUEST FROM COUNCILMEMBER BOWLER TO DISCUSS A "SUNSET" CLAUSE FOR ALL NEW CITY ORDINANCES. Councilmember Bowler discussed his request. City Manager Burrell said that "sunset clauses" could be added to Ordinances regarding conduct, but it would not be appropriate to have "sunset clauses" on zoning Ordinances. City Attorney Vose said the City Code was antiquated and needed to be recodified to eliminate outdated or unenforceable portions, but "sunset clauses" could be added on a case by case basis to new Ordinances. Action: After general discussion, it was directed by consensus of the Council that staff include a "sunset clause" in all general Ordinances. (Mayor Edgerton absent) d.REQUEST FROM COUNCILMEMBER BOWLER FOR SUPPORT FOR THE ROBERTI LIBRARY ASSESSMENT DISTRICT BILL (SB1448). Supplemental letter with attachment from the City Council Library Subcommittee received March 21, 1994. Councilmember Bowler discussed his request and explained that this bill would allow the City to form a Library District if approved by a vote of the people, and, this might be necessary if, as stated by the County, the County Library budget does not include funding for Hermosa Beach. Action: After general discussion, it was directed by a consensus of the Council that staff respond in support to any legislation pertaining to funding of local Libraries. (Mayor Edgerton absent) e.REQUEST FROM COUNCILMEMBER BENZ TO CONSIDER A 5 DAY WORK WEEK FOR ALL CUSTOMER SERVICE RELATED DEPARTMENTS. Mayor Pro Tempore Benz requested that this item be continued to the Regular meeting of April 12, 1994. City Attorney Vose said the Brown Act that goes into effect on April 1, 1994 requires that agenda items contain adequate information for the public to understand the nature of the item, and without that information the Council is limited solely to the question of whether to agendize the item or not, the Council is not entitled to discuss the item. CITIZEN COMMENTS Coming forward to address the Council at this time were: Chris Boyle - Redondo Beach, said that in his opinion the "new" Brown Act was really the Council's friend; that the agenda needed tightening, especially "Other Matters - Council"; said getting to the drinking fountain on the bike path still creates a problem, but he was pleasantly surprised at the good job done on the north end of the bicycle path; and, Shirley Cassell - 611 Monterey Blvd., spoke regarding the four-ten work schedule for City Hall staff; said that after eight hours anyone's efficiency decreased therefore she favored a return to a five day work week; questioned who got the money from the Chamber of Commerce proposal to close lower Pier Avenue and sell booth space on June 19, 1994, said the City should share in the profit from closing a public street. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 22, 1994 at the hour of 11:25 P.M. to an Adjourned Regular Meeting of Thursday, March 24, 1994 at the hour of 7:00 P.M. for the purpose of a closed session to discuss matters of Meet and Confer, Personnel pursuant to Government Code Section 54957; matters of Pending Litigation pursuant to government Code Section 54956.9(a): Natural Resources Defense Council v. Beverly Hills et al. (Hermosa Beach); and , matters of Litigation pursuant to Government Code Section 54956.9(a): Shefman v. City of Hermosa Beach, Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach and Allen v. City of Hermosa Beach. ********************************************************************** City Council Minutes 03-29-94Page 8474 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on March 29, 1994, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Robert Marks, Planning Commissioner ROLL CALL - CITY COUNCIL: Present: Bowler, Oakes, Reviczky Absent:Benz (arrived at 8:25 P.M.), Mayor Edgerton ROLL CALL - PLANNING COMMISSION: Present: Dettelbach, Di Monda, Marks Absent:Suard, Chairperson Merl Also in attendance: City Manager Stephen R. Burrell and Planning Director Michael Schubach ADJOURNMENT TO A JOINT WORKSHOP MEETING BETWEEN THE CITY COUNCIL AND THE PLANNING COMMISSION Councilmember Bowler, acting as Chairperson, adjourned the meeting to a joint workshop meeting between the City Council and the Planning Commission, introduced the topics for discussion, and invited the Council and the Commission to discuss their overall goals and objectives. 1.CONDITIONAL USE PERMIT/PERMITTED USE LIST with a memorandum from Planning Director Michael Schubach dated March 24, 1994 and a supplemental draft of a commercial use/site specific impact matrix from the Planning Department delivered March 29, 1994. The general discussion focused on Conditional Use Permits (C.U.P.) as Council and Commission members offered ideas on methods to define the problems and streamline the permit process. Commissioner Dettelbach said the Commission was trying to streamline and to be more generic and less specific in its definitions. Commissioner Marks suggested a fixed criteria to judge occupations. Commissioner Di Monda said the Commission was reviewing the C.U.P. list and exploring the methods of other cities in order to consolidate, condense and make the process more readable. Councilmember Bowler expressed concern that conditions were placed in C.U.P.s to cover problems that could occur, not to correct a specific problem that is occurring; felt it would be better to give new businesses a chance then increase the conditions if there is a problem. Councilmember Reviczky said he did not have a problem with C.U.P.s in general, but felt a new business was innocent until proven guilty of creating a problem. Councilmember Oakes suggested standard conditions such as landscaping and additional site specific conditions such as hours of operation or entertainment; suggested that there might be specific geographic areas of the City where conditions could be relaxed if surrounded by commercial use only, cited "Shark's Cove", on Hermosa Avenue, as an example. Commissioner Marks said all conditions should be "out front" for a new business so it would know in advance the conditions that were required. Commissioner Di Monda said that a lot of the City Municipal Code was placed in a C.U.P. to cover such areas as noise control and dumpster placement to eliminate visual blight as it was cheaper and quicker to correct a problem in a C.U.P. which needed only a public hearing for revocation as opposed to prosecution for Municipal Code violations which required the City Attorney's time and a Court action. Councilmember Reviczky asked how long it might take to correct a problem. Planning Director Schubach responded that a public hearing for revocation under a C.U.P. would probably take six to eight weeks while a Court action could take many months. Councilmember Bowler asked City Manager Burrell for suggestions. City Manager Burrell responded that there could be standard conditions, with a check off list, in order to make pulling a use permit much easier; then there could be an exception procedure that a business owner could ask for if he or she had a different technique to control a problem, such as a baffling system to control noise rather than double glazing windows. Councilmember Benz arrived at 8:25 P.M. The meeting recessed at 8:28 P.M. The meeting reconvened at 8:45 P.M. Councilmember Bowler asked all in attendance to summarize his or her impression of the previous discussion and started by saying he saw the discussion as continuing with the process of viewing C.U.P.s as less a punitive action but more as addressing specific problems. Councilmember Benz said he believed C.U.P.s were meant to allow flexibility in a strict zone. Mr. Benz continued that the City had Ordinances to address problems of noise and trash and he objected to C.U.P.s as they did not have the checks and balances that he felt were needed. Commissioner Marks agreed that a C.U.P. did allow greater flexibility and suggested itemized entries for control and stronger guidelines. Councilmember Oakes said she agreed that the burden of proof should be lessened for owners of newly entering businesses, that a C.U.P. should be more Business friendly; but in streamlining the process it should not be overlooked that the concept of a C.U.P. was also to protect neighboring residential areas from noise and congestion problems brought about by the business. Councilmember Reviczky said the C.U.P. was not a perfect process and needed thorough study in order to modify those areas that needed change, as long as the focus was retained that a C.U.P. was intended to assure that there was no negative impact on residential areas. Commissioner Di Monda said that the City Attorney had said that a C.U.P. could not be given for a use not allowed in a zone. City Manager Burrell said he would ask the City Attorney for a legal clarification and report back to both bodies. 2.SMALL LOT ZONING STANDARDS with memorandum from Planning Director Michael Schubach dated March 14, 1994. Councilmember Bowler, with the consensus of the Council, directed that this item be continued to the next joint meeting of the City Council and the Planning Commission, tentatively scheduled for the next month with five Tuesdays which would be Tuesday, May 31, 1994. 3.PERMITTED LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS with memorandum from Planning Director Michael Schubach dated March 10, 1994. Councilmember Bowler, with the consensus of the Council, directed that this item be continued to the next joint meeting of the City Council and the Planning Commission, tentatively scheduled for the next month containing five Tuesdays which would be Tuesday, May 31, 1994. 4.OTHER ITEMS Councilmember Bowler said that under "Other Items" he would like to hear any ideas regarding steps that could be taken to speed up the process and ways to improve communication between the two bodies. Commissioner Marks drew concurrence from the other Planning Commissioners present when he said that the Commissions needed to know the Council's intent and rationale when it returned an item for Commission review. Councilmember Reviczky questioned if individual Councilmembers could go before a Commission to explain the Council's intent for an action taken. Planning Director Schubach said the City Attorney had said there was a problem with a liaison for a Commission or the Council speaking for the entire body. Councilmember Benz questioned who was in charge and asked why an item had to be returned for Commission review after the Council had made a decision. Councilmember Oakes suggested that the minutes of a meeting usually gave an indication of the reasons for a Council or Commission's action. CITIZEN COMMENTS Coming forward at this time to address the Council was: June Williams - 2065 Manhattan Avenue, said that C.U.P.s were primarily used in conjunction with alcohol related businesses, no retail stores need a C.U.P.; said a C.U.P. runs with the land not with the owner, so the current owner might do a great job of controlling the business, but a new owner might not; said a C.U.P. not only protects the residential areas but also the adjacent businesses from a careless owner. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 29, 1994 at the hour of 9:30 P.M. to the Regular Meeting of Tuesday, April 12, 1994 at the hour of 7:00 P.M. ********************************************************************** City Council Minutes 04-12-94Page 8491 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on April 12, 1994, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Carol Baker, Daily Breeze Reporter ROLL CALL: Present: Bowler, Reviczky, Mayor Edgerton Absent:Benz (arrived at 8:09 P.M.), Oakes PROCLAMATION: MEDAL OF VALOR WEEK APRIL 18 - 22, 1994 Mayor Edgerton read the proclamation describing the Medal of Valor Awards which seeks to credit safety personnel for heroic acts which so often have, in the past, gone unheralded; and, to honor all South Bay Police and Firefighters for their service to our communities and proclaimed the week of April 18 through 22, 1994 as Medal of Valor Week. Mayor Edgerton also announced the Medal of Valor luncheon on Thursday, April 21, 1994, and presented the Proclamation to Dr. Warren Barr, Hermosa Beach Chamber of Commerce President. PRESENTATIONS:PRESENTATION OF CHECK TO THE COMMUNITY CENTER FOUNDATION FROM THE HERMOSA BEACH KIWANIS CLUB Cary Bichlmeier, Manager of the Kiwanis Christmas Tree Lot, and Dallas Yost, President of the Kiwanis Foundation presented a check in the amount of 2,134.57 (a percentage of the proceeds from the tree lot) to Bruce Gelb, President of the Hermosa Beach Community Center Foundation. Mr. Gelb expressed the appreciation of the Foundation for the donation. ANNOUNCEMENTS: Mayor Edgerton announced the donation of two large photographs mounted on the Council Chamber walls as a black and white four-panel panorama of the South Bay coastline by Robbie Hutas and a large color photograph of the Manhattan and Hermosa Beach shoreline by John Post. He thanked the artists and said that they were out of town at this time but would be thanked in person when they were available. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Parker Herriott - 224 24th Street, spoke of concerns regarding items 1(g) and (l) and a February 10, 1994 letter from Michael Katz addressed to Stephen Burrell; said he also wished a copy of all correspondence to Mr. Katz; spoke against a proposed hotel on the Strand next to the Biltmore Park site; Claudia Davenport - representing "VOICE", invited the Council and all residents to the Third Annual "Earth Day" Celebration to be held Sunday, April 24, 1994 from 10:00 A.M. to 3:00 P.M. at Polliwog Park in Manhattan Beach; Mark Wirth - representing Congresswoman Jane Harmon in the Beach Cities, introduced himself and offered his assistance to the City; Howard Longacre - 1221 Seventh Place, submitted statement then read from the statement regarding Chamber of Commerce income; listed City elected and appointed officials who were active with the Chamber of Commerce and expressed the opinion that this constituted a conflict of interest and requested that they either refrain from Chamber or from City activities; listed items 1(l), 1(n), 2(a), 2(c)(1), 2(c)(2), 4, 5, 7 and 10 as agenda items that pertained to the Chamber and asked Councilmember Bowler and Mayor Edgerton to refrain from participating in these items; Shirley Cassell - 611 Monterey Blvd., stated that the meeting had started ten minutes late; requested that item 1(j) be removed from the consent calendar; and, questioned why items 2(c)(1) and 2(c)(2) were on the Consent Ordinance portion of the agenda and not public hearings; and, Jim Lissner - 2715 El Oeste Drive, mentioned two instances of verbal attacks on public officials, one at the joint Planning Commission/City Council Workshop Meeting and the second in the "Easy Reader" April Fool Edition; felt this was not in the public interest and the City should discontinue its legal advertisement with the newspaper as soon as possible. (b) WRITTEN COMMUNICATION 1.Letter from Dennis Martin dated March 28, 1994 regarding dumping of tree trimmings on the Greenbelt, with a sampling of items from the Greenbelt submitted as Exhibit "A". City Manager Burrell explained that Mr. Martin was at work and could not be at the meeting until possibly later. Action: To receive and file the letter. Motion Mayor Edgerton, second Bowler. So ordered, noting the absence of Benz and Oakes. 2.Letter from Carol A. Vaughn dated March 28, 1994 requesting the placement of two new crosswalks. Coming forward to address the Council on this item was: Carol Vaughn - 316 28th Street, spoke to her letter and stated for the record that the crosswalks that needed to be replaced for the safety of pedestrians were at 28th Street across Manhattan Avenue and a four way crosswalk at Gould and Morningside. Action: Mayor Edgerton directed, with the consensus of the Council, that the City Manager review these crosswalks, along with any others, to determine that they met the criteria for pedestrian safety. (Benz and Oakes absent) 3.Letter from Howard Longacre dated April 6, 1994 regarding missing portions of City meetings in the video replay tapes as delivered to MultiVision. Coming forward to address the Council on this item was: Howard Longacre - 1221 Seventh Place, spoke to his letter and expressed the hope that meetings would be recorded properly in the future. City Manager Burrell responded to Council questions. Councilmember Bowler drew concurrence from the Council by expressing the Council's concern for the taping problems and apologized to the public for any inconvenience. Action: There was no action taken on this item. (Benz and Oakes absent) 4.Letter from James Lissner dated April 7, 1994 regarding the recording and replay of City meeting video tapes. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, said there was no need to speak to his letter as the City had agreed to ask MultiVision to replay the meeting tape in question and asked the Council to set policy regarding the replay of video tapes of City meetings. Action: There was no action taken on this item. (Benz and Oakes absent) 5.Memorandum from Planning Director Michael Schubach dated April 7, 1994 requesting Closed Session discussion regarding a personnel issue. Coming forward to address the Council on this item was: Michael Schubach - Planning Director, spoke to his letter. Action: To receive and file the memorandum. Motion Mayor Edgerton, second Bowler. So ordered, noting the absence of Benz and Oakes. At 7:46 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Bowler, (g) Bowler, (j) Bowler, and (l) Bowler. Motion Reviczky, second Bowler. So ordered, noting the absence of Oakes. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting of March 22, 1994; and, Minutes of the Adjourned Regular Meeting of March 24, 1994. Action: To approve the minutes of the Regular Meeting of March 22, 1994 and the minutes of the Adjourned Regular Meeting of March 24, 1994 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46825 through 47034 inclusive, noting voided warrants Nos. 46827, 46828, 46840, 46856, 46893, 46894, 46962 and 46963. Action: To ratify the demands and warrants as presented. (Oakes absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes absent) (d) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO COMMUNITY SERVICES OFFICERS. Memorandum from Personnel Director Robert Blackwood dated March 28, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Community Service Officers. (Oakes absent) (e) RECOMMENDATION TO ADOPT RESOLUTION ADDING THE CITY MANAGER AND THE POLICE CHIEF TO THE LIST OF AUTHORIZED PERSONNEL ELIGIBLE TO UTILIZE THE CITY'S VISA CARD. Memorandum from Finance Director Viki Copeland dated March 31, 1994, with Resolution for adoption. Action: To adopt Resolution No. 94-5670, entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 88-5109 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION." (Oakes absent) (f) RECOMMENDATION TO RECEIVE MEMORANDUM FROM THE TRI-CITIES ADJUDICATION PROGRAM AND DIRECT STAFF TO PREPARE A LETTER FOR THE MAYOR'S SIGNATURE IN OPPOSITION OF AB2414. Memorandum from City Manager Stephen R. Burrell dated April 4, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to emphasize the devastating effect this proposed legislative action would have on the finances of the City. Action: To approve the staff recommendation to receive the memorandum from the Tri-Cities Adjudication Program and direct staff to prepare a letter for the Mayor's signature in opposition to AB2414 which would require a parking violation hearing officer to have the educational requirements for application to the state bar (i.e. an Attorney) and would create the difference between 13 - 20 per hour to 125 - 150 per hour, and, with the continuing direction that staff monitor this bill and take whatever steps necessary in opposition to it. Motion Bowler, second Reviczky. So ordered, noting the absence of Oakes. (g) RECOMMENDATION TO RECEIVE AND FILE AN INFORMATION REPORT REGARDING THE GRACE PERIOD FOR PARKING PERMITS. Memorandum from Finance Director Viki Copeland dated March 31, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting due to concerns regarding the seeming inconsistency of the length of the grace period. Finance Director Copeland responded to Council questions and said the purpose of the grace period was to guarantee that renewal permits would be received by the applicants. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, said the permits should start May 15th in order to coincide with the date posted on the street signs; questioned why there were two different dates; said he did not know what the length of the grace period was and assumed few other people would know either; and, Shirley Cassell - 611 Monterey Blvd., said the sign at the corner of 6th Street and Monterey Blvd. said permits were for the period between May 15th through September 15th and questioned why the permits were not for a full year (staff responded that the permits were valid for a full year at the yellow posted meters and valid from May 15th through September 15th when one hour parking restrictions are enforced in the unmetered zones); said there were still many red curbs on Monterey that could be painted out for more parking. Action: To direct staff to bring the entire program back in detail for Council review. Motion Mayor Edgerton, second Benz. So ordered, noting the absence of Oakes. Final Action: To direct that any protested parking tickets received for lack of a permit on March 14, 1994 be forgiven by the City. Motion Reviczky, second Mayor Edgerton. So ordered, noting the absence of Oakes and the abstinence from the vote by Benz due to having received a ticket on March 14, 1994. (h) REQUEST FOR APPROVAL FOR USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A CHRISTMAS TREE LOT FOR THE 1994 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated March 31, 1994. Action: To approve the staff recommendation to approve the use of the Community Center east lawn by the Kiwanis Club to operate a Christmas tree lot for the 1994 holiday season, with the understanding that the area be fenced and lighted, temporary signs installed, Kiwanis will assume all costs of restoring the area to its original state with Public Works Department approval by January 15, 1995, a camper will be allowed on site for security, Kiwanis will pay any other costs incurred by the City for the project and provide liability insurance in the amount of 1,000,000 and will occupy the site from November 14, 1994 through January 2, 1995. (Oakes absent) (i) RECOMMENDATION TO APPROVE PURCHASE OF THREE (3) PARKING ENFORCEMENT VEHICLES. Memorandum from Police Chief Val Straser dated April 4, 1994. Action: To approve the staff recommendation to authorize the purchase of three (3) "Go-4" gas powered utility parking enforcement vehicles for a total cost of 49,745 from the general fund, which includes a base price of 14,671 per vehicle plus tax and delivery. (Oakes absent) (j) RECOMMENDATION TO ACCEPT CONSTRUCTION AS COMPLETE FOR THE STRAND BIKEWAY AND PEDESTRIAN PATH - CIP 90-144. Memorandum from Public Works Director Amy Amirani dated March 21, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting due to concerns about the 50 percent of the cost attributable to change orders. Public Works Director Amirani said she was not with the City when the original bid went out so could not respond as to why many needed things were not included such as lighting, trash receptacles and lids, resurfacing and striping of the bike path in north Hermosa where it leaves the Strand and continues on Hermosa Avenue, and the planter at 35th Street. Ms. Amirani continued that no general fund monies had been used on the project as it had been completed, with change orders, for under the amount originally estimated in the transportation grant. Coming forward to address the Council on this item was: Shirley Cassell - 611 Monterey Blvd., questioned why the trash can lids were not installed when the project had been finished on February 6, 1994 (Ms. Amirani said this was a City, not contractor, responsibility); suggested that the City should make monthly inspections of the project for at least six months before releasing the Labor and Materials Bond. Action: To approve the staff recommendation to: 1)accept construction as complete for CIP 90-144, the Strand Bikeway and Pedestrian Path, constructed by Emma Corporation at a cost of 951,188; 2)authorize the Mayor to sign the Notice of Completion; and, 3)authorize staff to: a)release the retention payment to Emma Corporation 35 days after the Notice of Completion is recorded; and, b)release Emma Corporation from the Faithful Performance Bond and the Labor and Materials Bond. Motion Bowler, second Mayor Edgerton. So ordered, noting the absence of Oakes. Final Action: Mayor Edgerton directed, with the consensus of the Council, that staff return at the appropriate time with an amendment to the Circulation Element of the General Plan to allow the north section of the Strand to be designated as a bike path in order to allow necessary repairs to be made through transportation grant funds. (Oakes absent) (k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES' BARGAINING UNITS, with Resolution for adoption. Memorandum from Personnel Director Robert Blackwood dated April 5, 1994. Action: To adopt Resolution No. 94-5671, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEE'S BARGAINING UNITS." (Oakes absent) (l) RECOMMENDATION TO ADOPT RESOLUTION OF INTENT TO STUDY COMMERCIAL DEVELOPMENT STANDARDS, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Supplemental examples of setbacks in the downtown area from the Planning Department dated March 22, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Planning Director Schubach responded to Council questions. City Attorney Vose also responded to Council questions and said the intent of the Resolution of Intention was to be as broad as possible. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, read from the staff report; said there should be set-backs to prevent commercial areas from impacting residential areas; and, Jim Lissner - 2715 El Oeste Drive, suggested including a specific distance from liquor establishments in the study. Action: To adopt Resolution of Intent No. 94-5677, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY OF COMMERCIAL DEVELOPMENT STANDARDS, ESPECIALLY AS THEY APPLY TO THE C-2 RESTRICTED COMMERCIAL ZONE." Motion Benz, second Bowler. So ordered, noting the absence of Oakes. (m) RECOMMENDATION TO ADOPT RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING A DATE OF JUNE 14, 1994 FOR PUBLIC HEARING OF THE HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1994-1995. Memorandum from Public Works Director Amy Amirani dated March 23, 1994. Action: To approve the staff recommendation to: 1)adopt Resolution No. 94-5672, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION 94-5661 OF SAID COUNCIL."; and, 2)adopt Resolution of Intent No. 94-5673, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CROSSING GUARD SERVICES PURSUANT TO 'THE CROSSING GUARDS MAINTENANCE DISTRICT ACT OF 1974', CHAPTER 3.5, ARTICLES 1,2,3 AND 4, SECTION 55530 THROUGH 55570, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AT CERTAIN LOCATIONS IN THE SAID CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 THROUGH JUNE 30, 1995; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (Oakes absent) (n) RECOMMENDATION TO ADOPT RESOLUTIONS REGARDING THE ENGINEER'S REPORT AND SETTING A DATE OF JUNE 14, 1994 FOR PUBLIC HEARING OF THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1994-1995. Memorandum from Public Works Director Amy Amirani dated March 21, 1994. Action: To approve the staff recommendations to: 1)adopt Resolution No. 94-5674, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS OF SAID CITY MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION 94-5662 OF SAID CITY."; and, 2)adopt Resolution No. 94-5675, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN LANDSCAPING AND LIGHTING APPURTENANCES TO BE INSTALLED, MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR STREET LIGHTING FIXTURES THROUGHOUT THE CITY, FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 THROUGH JUNE 30, 1995; AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (Oakes absent) 2.CONSENT ORDINANCES a.ORDINANCE NO. 94-1106 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND FOR GRAND OPENINGS", for adoption. Memorandum from Deputy City Clerk Naoma Valdes dated March 28, 1994. Planning director Schubach responded to Council questions. City Attorney Vose also responded to Council questions. Action: To send Ordinance No. 94-1106 back to the Planning Commission for review of Council recommendation to change page two, Section 1, last paragraph, lines four and one half and five; in order to allow, during the Planning Commission review process, additional signs if the total sign allowance is not exceeded; and, then to return to Council for reintroduction. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. b.AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE TO PROHIBIT DOGS ON ACTIVE SCHOOL GROUNDS AND AT THE BILTMORE PARK SITE, for waiver of full reading and introduction. Memorandum from Community Resources Director Mary Rooney dated April 4, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Howard Longacre - 1221 Seventh Place, suggested that this item and item 2(c) should have been public hearings; Shirley Cassell - 611 Monterey Blvd., said the problem of animal excrement usually happened at night; felt there was no way to enforce this Ordinance and questioned its effectiveness; and, Parker Herriott - 224 24th Street, agreed with previous speakers. Proposed Action: To introduce the Ordinance as amended with the deletion on page 1, Section 22-3, line 23 of "... and at the Biltmore Park site." (include school property only). Motion Reviczky, second Bowler. The motion failed due to the dissenting votes of Benz and Mayor Edgerton and the absence of Oakes. Action: To continue this item, deleting the Biltmore Park site (as shown above), to the Regular Meeting of April 26, 1994 and agendize under Municipal Matters. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. c. 1)AN ORDINANCE FOR CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND STREET FESTIVALS, for waiver of full reading and introduction. Memorandum from Public Works Director Amy Amirani dated April 4, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Garrison Frost - 58 Pier Avenue, "Coast Drug" owner, spoke of the importance of tradition and the streets traditionally being open; suggested that the Chamber of Commerce survey was flawed and requested that the City conduct its own survey; Shirley Cassell - 611 Monterey Blvd., concerned with the money that the Chamber of Commerce receives from events involving the closure of public streets; feels the City does not receive a fair share of the money derived; James Dewey - 711 Manhattan Avenue, Downtown Business Area Enhancement District Advisory Commission member, said it was traditional to close streets for a special event; said the intent of the Commission was to bring people to the downtown area, not necessarily to a specific business within the area; Howard Longacre - 1221 Seventh Place, said annual sales tax for the City was 150,000 to 180,000 while the Chamber of Commerce received 270,000 for the Fiestas; felt this item did not belong under consent ordinance on the agenda and the merchants should have been noticed; Parker Herriott - 224 24th Street, said he agreed with Mr. Frost and Mr. Longacre; added that this should require Coastal Commission approval; and, Dallas Yost - Chamber of Commerce member and Pier Avenue merchant, said he did not mind the street closure for special events such as the Fiesta, but would not want it to be a weekly event. Action: To introduce Ordinance No. 94-1107, as amended to change Director of Public Works on page 1, Section 1, first paragraph of "Exception", line 24 and one half, to read, "...when authorized by the City Council by special permit ..." Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action: To waive further reading of Ordinance No. 94- 1107, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS." Motion Benz, second Bowler. AYES: Benz, Bowler, Reviczky, Mayor Edgerton NOES: None ABSENT:Oakes 2)A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO ESTABLISH PROCEDURES AND MINIMUM REQUIREMENTS FOR PERMITS TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS, for adoption. Memorandum from Public Works Director Amy Amirani dated April 4, 1994. Public Works Director Amirani responded to Council questions. Action: To continue this item to the Regular Meeting of April 26, 1994; agendize as a Municipal Matter; and, direct staff to include measures to control the frequency of street closures and a means for the City to possibly, if desired, share in any profits or at least recover City costs. Motion Reviczky, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. The meeting recessed at 9:58 P.M. The meeting reconvened at 10:25 P.M. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f), (g), (j) and (l) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO EXAMINE ARTICLE 13 OF THE ZONING ORDINANCE REGARDING NONCONFORMING BUILDINGS AND USES, with Ordinance for introduction and waiver of full reading. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Action: To continue this item to the Regular Meeting of April 26, 1994, in order to have it heard by a full Council. Motion Mayor Edgerton, second Bowler. The motion carried, noting the absence of Benz and Oakes. 5.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION FOR GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Planning Director Michael Schubach dated April 4, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 7:52 P.M.Coming forward to address the Council on this item were: Shirley Cassell - 611 Monterey Blvd., mentioned her concern that certain items on the Consent Ordinance (item 2) section should have been given public hearings; Howard Longacre - 1221 Seventh Place, questioned the term "existing grade" referenced in the Ordinance, felt it should be "original grade" as people sometimes tried to build up the grade by filling in with soil and cited the former St. Michael's Hospital site as an example; requested that the item be continued for a full Council; Pete Tucker - 235 34th Street, questioned if this was commercial as well as residential (told by staff this was residential only); suggested that Hermosa include a "pre-demolition" survey such as Manhattan Beach requires; and, Frances Parker - 621 Loma Drive, suggested her preference for "original grade as determined by earliest City records". Councilmember Benz arrived at 8:09 P.M. The public hearing closed at 8:10 P.M. City Attorney Vose suggested alternative wording for a proposed amendment to the Ordinance. City Manager Burrell suggested that a survey could be accomplished from aerial records of ground elevation taken by the County. Action: To amend the proposed Ordinance to include a "date certain" from the best survey from City records and to bring the Ordinance back for introduction at the Regular Meeting of April 26, 1994. Motion Reviczky, second Bowler. The motion carried, noting the abstaining vote of Benz and the absence of Oakes. 6.1994 CONFORMANCE SELF-CERTIFICATION RESOLUTION FOR THE CITY TO BE IN CONFORMANCE WITH CONGESTION MANAGEMENT PROGRAM (CMS), AND ADOPTION OF THE CMS LOCAL IMPLEMENTATION REPORT, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated April 5, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:20 P.M.As no one came forward to address the Council on this item, the public hearing closed at 8:20 P.M. Action: To approve the staff recommendation to adopt Resolution No. 94-5676, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Bowler, second Benz. The motion carried unanimously, noting the absence of Oakes. At 8:22 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 7.MULTIVISION'S RESPONSE TO CITY COUNCIL RESOLUTION NO. 94- 5666 REGARDING RATE REGULATION. Memorandum from Assistant City Manager Mary Rooney dated April 4, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Walt Hansel - representing MultiVision, addressed MultiVision's concerns; believed the rate should not be regulated; suggested that if there is to be a refund it should not be given until after the FCC has made a ruling, which might be within two months; responded to Council questions; Jim Lissner - 2715 El Oeste Drive, supported the Council action for regulation and an immediate refund by MultiVision; submitted directly to the Council, and read from, a complaint written by Manhattan Beach; Shirley Cassell - 611 Monterey Blvd., said statements made by Mr. Hansel were incorrect as MultiVision had taken more than two channels from regular programming, including the Discovery Channel, and had placed them in an extra cost tier and, in return, had added an additional Spanish language channel to basic service; and, Walt Hansel - representing MultiVision, responded to questions, said that if the FCC rules in the City's favor MultiVision would include applicable interest with the refunds; and, said the channels added to the basic service were "must carry" stations. Action: To approve the staff recommendation to receive and file the response from MultiVision Cable TV to City Council Resolution No. 94-5666, but to include a stay of the refunds until the FCC has made a ruling. Motion Benz, second Bowler. The motion carried, noting the absence of Oakes. 8.REPORT ON OIL PROJECT - REIMBURSEMENT OF CITY'S COST AND ATTORNEY FEES. Memorandum from City Attorney Charles S. Vose dated March 16, 1994. (Continued from March 22, 1994 meeting) City Attorney Vose spoke to his report and responded to Council questions. City Manager Burrell also responded to Council questions and said that 27,000 had been received by the City through February; the City now billed monthly; and, he would report back to the Council with the name of the account on which the checks were drawn. Action: To receive and file the report. Motion Mayor Edgerton, second Benz. So ordered, noting the absence of Oakes. 9.SOUTH SCHOOL PARK: ENCROACHMENTS AND REQUESTS FROM RESIDENTS TO PURCHASE LAND. Memorandum from Community Resources Director Mary Rooney dated April 4, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Paul Scannel - 531 Loma Drive, said to use the north west corner as pedestrian access was a safety concern as 50 to 60 feet of the area was used as a driveway and it was dangerous to mix pedestrians with vehicles; questioned why there needed to be two entrances so close together; expressed concern about the land stability since it was on a sandhill and about the lack of privacy that security lights would cause for the residents; Shirley Cassell - expressed concern about the safety factor without adequate policing and security lights; felt it was best to sell the property to the residents as it was no use to the park and might be worth up to 15,000 per lot in income to the City; Frances Parker - 621 Loma Drive, submitted a photograph of the property; said the resident's offer price for the land was based on the school appraisal; said she was concerned with safety because she had to call the police three times within a week when cars had access to the property; Brian Mitchell - 322 Culper Court, Parks, Recreation and Community Resources Advisory Commission, said he would not like to sell parkland; that the northwest corner might provide maintenance vehicle access that is not available from Loma Drive; Frances Parker - 621 Loma Drive, said the City did not purchase the 10 foot strip of land in question from the School District in the sale of the South School site as it has always been City property that had been used by the School District as an easement; and, Howard Longacre - 1221 Seventh Place, said the ten foot strip of land was an attractive nuisance; said discussion of this item had been deleted from the video tape replay of the meeting of March 22, 1994; and, said this land should be sold to neighboring residents. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)not sell open space to residents at this time; and, 2)direct staff to set a public hearing concurrently with the South School Park final design review to discuss and make recommendations on existing encroachments onto the site, with the addition of direction to staff to formally notify all affected residents of the public hearing and to secure appraisals for the land, both as open space and as residential property. Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes. 10. REDUCING PARKING ENFORCEMENT TIME LIMIT IN THE DOWNTOWN AREA (Continued from March 22, 1994 meeting) AND ONE HOUR PARKING AT LOWER PIER AVENUE DURING THE MONTH OF MAY. Memorandum from Public Works Director Amy Amirani dated April 5, 1994. (Continued from the March 22, 1994 Regular Meeting) Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Garrison Frost - 58 Pier Avenue, "Coast Drug" owner, said he and Dallas Yost had counted cars parked on lower Pier Avenue and wished to volunteer their information for inclusion. Action: To continue this item to a future meeting and to include the information from Mr. Frost and Mr. Yost. Motion Benz, second Bowler. So ordered noting the absence of Oakes. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER SELECTION OF DATE FOR THE JOINT STUDY SESSION BETWEEN THE CITY COUNCIL, HERMOSA BEACH SCHOOL DISTRICT AND THE PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Manager Stephen R. Burrell dated March 21, 1994. (Continued from March 22, 1994 meeting) City Manager Burrell said the School District Board of Trustees had informed him that the date of May 12, 1994 was no longer an option for them. Action: Mayor Edgerton directed, with the consensus of the Council, that the date of Thursday, June 2, 1994, at the hour of 7:00 P.M. be accepted for the joint Study Session Meeting with the City Council, Hermosa Beach School District Board of Trustees and the Parks, Recreation and Community Resources Advisory Commission. (Oakes absent) 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: a.Request from Councilmember Benz to consider a 5 day work week for all customer service related departments. Action: Councilmember Benz requested, with the consensus of the Council, that this item be continued to the Regular Meeting of April 26, 1994. (Oakes absent) b.Request from Councilmember Benz to consider the installation of a customer service comment box in the Council Chambers foyer. Councilmember Benz discussed his request. Action: To direct staff to proceed with the installation of a customer service comment box in the Council Chamber foyer. Motion Benz, second Mayor Edgerton. So ordered, noting the absence of Oakes. CITIZEN COMMENTS Coming forward to address the Council at this time was: Howard Longacre - 1221 Seventh Place, spoke of the need for a financial plan to examine cost increase versus revenue increase for improvements in the downtown area. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 13, 1994 at the hour of 12:30 A.M. to an Adjourned Regular Meeting of Thursday, April 21, 1994 at the hour of 8:00 P.M., for the purpose of adjournment to a closed session for the purpose of discussion of matters of Meet and Confer, Personnel Matters pursuant to Government Code Section 54957; Matters of Pending Litigation pursuant to Government Code Section 54956.9(a): Natural Resources Defense Council v. Beverly Hills et al. (Hermosa Beach); and, Matters of Litigation pursuant to Government Code Section 54956.9(a): Allen v. City of Hermosa Beach; Baker v. City of Hermosa Beach; Sea Sprite Ltd., Dewey Falcon, Steven Hunt and Arnold Cattani v. City of Hermosa Beach; and Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach. ********************************************************************** City Council Minutes 04-26-94Page 8493 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on April 26, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Matt Cruse, resident ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None PROCLAMATIONS: HIRE A VETERAN WEEK - Mayor Edgerton declared the week of May 1 - 7, 1994 as "Hire a Veteran Week" and presented a Proclamation to Michael O'Kane from the Veteran's Services Division of the Employment Development Department. SAFE SCHOOLS WEEK - Mayor Edgerton declared the week of May 2-6, 1994 as "Safe Schools Week" and presented a Proclamation to Jan Hilger, Principal of Hermosa Valley School. ANNOUNCEMENTS - Mayor Edgerton announced that tonight's meeting would be adjourned in memory of Father Terry Scott Franklin, former Associate Pastor at American Martyrs Church in Manhattan Beach, who was killed in an automobile accident in the state of Washington; and, in memory of Sam Remington, 70 year resident of the South Bay and manager of "The Mermaid" restaurant for the past 28 years. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Ken Marks - 223 Valley Drive, spoke as a Veteran's Advocate through his activity with many Veteran Affairs groups; thanked the City for highlighting the National "Hire a Veteran Week"; said Vietnam Veterans were the largest single group, comprising between 50 to 60 percent, of the homeless; said there had been 205,000 suicides of Vietnam Veterans, far higher than the 58,000 names on the wall; thanked the City for recently hiring a Veteran; thanked Chip Scholz of B.F.I. for helping with a program to have B.F.I. hire more Veterans; thanked all in Hermosa Beach for their contributions to the Veteran's Memorial at the Community Center and invited all to attend the Opening Ceremonies on May 21, 1994, at 10:00 A.M.; Betty Evans - 1769 Valley Park Avenue, spoke of the benefits of a pedestrian street in Hermosa; said they were always a gathering spot in other cities; said it would bring access to the beach and the downtown shops by having a street without cars as people were more relaxed and inclined to stroll and to look in shop windows; June Williams - 2065 Manhattan Avenue, thanked Ken Marks for his dedication; said she felt it was commendable that the City Clerk was not accepting salary during her vacation; Shirley Cassell - 611 Monterey Blvd., presented her research on the amount paid to their Chamber of Commerce by other cities as: Lynnwood - 50,000; Redondo Beach - 42,300; Torrance - 41,300; Gardena - 34,992; El Segundo - 0; Hawthorne 0; Carson - 0; Long Beach - 0; and, Rolling Hills - 0; Howard Longacre - 1221 Seventh Place, said the packets distributed to the press were not complete as item 6 did not have all the material, and the Council was not given all of the letters that had gone to the Planning Commission; questioned if anything had been done regarding his charge of conflict of interest regarding City officials serving with the Chamber of Commerce and asked that Mayor Edgerton and Councilmember Bowler refrain from participating in any Chamber related items on the agenda; Gary Wayland - 1097 Aviation Blvd., Chairman of "Vision Hermosa", said "Vision Hermosa" was a nonprofit organization that had raised 30,000 to help implement the suggestions made by R/UDAT and was about to send out a Request for Proposals for an Economic Development Officer; said he supported "Street Scene" and as Chairperson of the Business Advocacy Committee was in favor of easing the requirements for C.U.P.s; and, Michael O'Kane - Economic Development Department, thanked the City for its Proclamation for "Hire a Veteran Week" and announced an upcoming seminar for Veterans on "Survival Alternatives" to be held Tuesday, May 3, 1994 from 1:00 to 5:00 P.M. at the American Legion Hall, 1109 Van Ness in Torrance. (b) WRITTEN COMMUNICATION (1) LETTER FROM THE HERMOSA BEACH CHAMBER OF COMMERCE DATED APRIL 19, 1994 REGARDING THE CHAMBER'S SPONSORSHIP OF CITY AND BUSINESS PROMOTION EVENTS DESIGNED TO HELP STIMULATE THE ECONOMY IN HERMOSA Coming forward to address the Council on this item were: Warren Barr - Hermosa Beach Chamber of Commerce President, said the letter had been sent in order to clarify the role of and the funding for the Chamber and to explain the advantages of Chamber programs; Carol Hunt - Chamber of Commerce Executive Director, responded to recent misstatements and said City officials and staff involvement was not a conflict of interest, but rather a positive spirit of cooperation between the City and the Chamber that is helping Hermosa Beach to move forward in a positive direction. Action: To receive and file the letter. Motion Bowler, second Benz. So ordered. At 7:42 P.M. the order of the agenda was suspended to go to the public hearings starting at item 4. 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through i), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (h) Reviczky. Motion Benz, second Bowler. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Adjourned Regular Meeting held on March 29, 1994; and, (2) Minutes of the Regular meeting held on April 12, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of March 29, 1994 and the minutes of the Regular Meeting of April 12, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47036 through 47216 inclusive, noting voided warrants Nos. 47036, 47037, 47061, 47070, and to approve cancellation of certain warrants as recommended by the City Treasurer. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action:To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH, 1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action:To receive and file the March, 1994 financial reports as presented. (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL AND ONE POLICE SERGEANT. Memorandum from Personnel Director Robert Blackwood dated April 12, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Public Works Field Personnel and one Police Sergeant. (f) RECOMMENDATION TO APPROVE AN EXTENSION TO THE FRANCHISE AGREEMENT WITH MULTIVISION FROM THE PREVIOUS EXTENSION THROUGH THE END OF MAY, 1994 TO A NEW DATE OF AUGUST 31, 1994.Memorandum from Assistant City Manager Mary Rooney dated April 19, 1994. Action: To approve the Cable Television Advisory Board and staff recommendation to extend the City's contract with MultiVision from the previous extension through the end of May, 1994 to a new date of August 31, 1994. (g) RECOMMENDATION TO APPROVE ADVERTISEMENT FOR COMPETITIVE BIDS FOR SWEEPING OF CITY STREETS.Memorandum from Public Works Director Amy Amirani dated April 18, 1994. Action: To approve the staff recommendation to approve the advertisement for competitive bids for the sweeping of City streets. (h) RECOMMENDATION TO APPROVE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS PERMIT TO CONSTRUCT A GROUNDWATER OBSERVATION WELL IN THE GREENBELT AT 24TH STREET FOR THE LOS ANGELES COUNTY WEST BASIN BARRIER PROJECT. Memorandum from Public Works Director Amy Amirani dated April 20, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, due to concern regarding the impact of this project. Public Works Director Amirani responded that there currently was a well at Edith Rodaway Park that was monitored every four to five months and it would take approximately two weeks to drill the well. Councilmember Benz left the dais at 11:40 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned why equipment was at Edith Rodaway Park so long. Action: To approve the staff recommendation to approve the Los Angeles Department of Public Works Permit to construct a groundwater observation well in the Greenbelt at 24th Street to monitor the intrusion of seawater into the groundwater aquifer. Motion Reviczky, second Bowler. So ordered, noting the absence of Benz. (i) RECOMMENDATION TO ADOPT A RESOLUTION TO CONTINUE THE CITY'S PARTICIPATION IN THE FEDERAL SURPLUS PROPERTY PROGRAM, with Resolution for adoption. Memorandum from City Manager Stephen Burrell dated April 20, 1994. Action:To approve the staff recommendation to adopt Resolution No. 94-5678, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY." 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1107 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE MUNICIPAL CODE TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS.", for adoption. Memorandum from Deputy City Clerk Naoma Valdes dated April 18, 1994. Action: To adopt Ordinance No. 94-1107. Motion Benz, second Oakes. AYES:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(i) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION OF GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, with an Ordinance for introduction and waiver of full reading. (Continued from the meeting of April 12, 1994.)Memorandum from Planning Director Michael Schubach dated April 19, 1994. Planning Director Schubach presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:55 P.M. Seeing no one come forward to address the Council on this item, the public hearing was closed at 7:55 P.M. Action:To approve the staff recommendation to continue this item to the Regular Meeting of May 10, 1994. Motion Reviczky, second Benz. The motion carried by a unanimous vote. 5.TEXT AMENDMENT TO ARTICLE 13 OF THE ZONING ORDINANCE REGARDING NONCONFORMING BUILDINGS AND USES, with an Ordinance for introduction and waiver of full reading. (Continued from meeting of April 12, 1994.)Memorandum from Planning Director Michael Schubach dated April 4, 1994. Planning Director Schubach presented the staff report and responded to Council questions.City Attorney Vose responded to Council questions and suggested that Council set the policy and send it back for review rather than make detailed changes in the Ordinance language at this time. The public hearing opened at 8:19 P.M. Coming forward to address the Council on this item was: June Williams - 2065 Manhattan Avenue, spoke regarding non-conforming use in the commercial zone. The public hearing closed at 8:20 P.M. Action:To continue this item to the Regular Meeting of May 10, 1994, with the direction that Council would set the policy considerations only at that time. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. 6.TEXT AMENDMENT TO THE MUNICIPAL CODE AND ZONING ORDINANCE TO ALLOW MOTION PICTURE FILMING AND OTHERTRANSIENT ACTIVITIES, with an Ordinance for introduction and waiver of full reading.Memorandum from Planning Director Michael Schubach dated April 20, 1994. Planning Director Schubach presented the staff report and responded to Council questions. City Attorney Vose and Community Resources Director Rooney also responded to Council questions. The public hearing opened at 8:23 P.M. Coming forward to address the Council on this item were: Jim Hamilton - 3417 Hermosa Avenue, suggested that the proposed Ordinance did not have reasonable safeguards for residents; suggested that it should read 15 days annually, not consecutively, with a longer filming time requiring a public hearing; requested that residents be given written notice of filming as early as possible; suggested that Hermosa explore the policies of other cities and submitted information from the City of Pasadena; Jim Lissner - 2715 El Oeste Drive, spoke of crowds drawn by filming and events that took place in other locations; said filming lowered property values; objected to filming in residential areas and objected to allowing 15 days of filming; Shirley Cassell - 611 Monterey Blvd., concerned with the impact of filming on parking as three blocks of parking could be taken by a film crew; questioned the amount paid for parking by a film company and questioned how the amount of space was determined; Howard Longacre - 1221 Seventh Place, said residents lose parking due to filming in the area; said the rate was the same no matter how large the crew; said trucks, noise and crowds should be substituted for filming to see if the City wants to be "film-friendly"; Warren Barr - Chamber of Commerce President, said Southern California has been the traditional home to the film industry, but now many companies are moving out; said many residents in Hermosa work in the film industries and could lose employment; and, Janet Hamilton - 3417 Hermosa Avenue, said less costly sound stages were the reason many film companies left Southern California not City filming regulations; said the residents needed safeguards such as a limit on the number of days allowed for filming with resident consent needed for over four days and adequate notice to residents; spoke of the "Beverly Hills 90210" court case. The public hearing closed at 9:17 P.M. Action:To introduce Ordinance No 94-1108, as amended on page three, line six, of Section 2, ".... in issuing or denying permits, including appeal rights thereto, and which shall be incorporated...". Motion Benz, second Bowler. The motion carried by a unanimous vote. Further Action: To waive further reading of Ordinance No. 94-1108, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING MOTION PICTURE FILMING AND OTHER TRANSIENT ACTIVITIES AND AMENDING CHAPTERS 17, 22, AND APPENDIX A OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Benz, second Bowler. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None Final Action: To direct staff to notice the policy for filming as a public hearing for the Regular Meeting of May 24, 1994, and to include: consecutive days and total time of filming; specific resident noticing policy; appeal process; possibility of a dual time frame of short term of three days or less versus long term of over three days; a City liaison for long term filming; night versus daytime filming; a review of Ordinances from other cities; create a handout guideline that provides definitions and requirements; review the guidelines used by Pasadena; fee structure for permits; and, a filming incentive. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote. The meeting recessed at 9:52 P.M. The meeting reconvened at 10:20 P.M. HEARINGS 7.SPECIAL STUDY OF THE COMMERCIAL PERMITTED USE LIST INCLUDING ADDING OR DELETING THE REQUIREMENT FOR C.U.P.'s FOR CERTAIN USES.Memorandum from Planning Director Michael Schubach dated April 14, 1944. Planning Director Schubach presented the staff report and responded to Council questions.City Attorney Vose also responded to Council questions. The hearing opened at 10:52 P.M.Coming forward to address the Council on this item were: June Williams - 2065 Manhattan Avenue, spoke to correct statements attributed to her in the Planning Commission minutes; and, Joseph Di Monda - 510 Ninth Street, Planning Commissioner, spoke to the item. The hearing closed at 10:55 P.M. Proposed Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s on all uses listed in the City Code. Motion Benz. The motion died due to the lack of a second. Action:To continue the requirement for C.U.P.s for "Liquor Store, retail, off-sale" on page 19 of exhibit B, for further definition of grocery stores and liquor stores. Motion Mayor Edgerton, second Reviczky. So ordered. Proposed Action: To allow "business schools" and "catering business", on page 19, exhibit B, in C-1 and C- 2 zones. Motion Benz. City Attorney Vose advised that this could not be discussed under the Brown Act as it had not been included in the noticing. Motion withdrawn. Further Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Circus or carnival, temporary" on page 18 of exhibit B, on the permitted use list. Motion Benz, second Mayor Edgerton. So ordered. Further Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Entertainment, special performance" on page 19 of exhibit B, on the permitted use list. Motion Benz, second Mayor Edgerton. So ordered. Further Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s or "Fortune tellers, psychics, and astrologers" on page 19 of exhibit B, on the permitted use list. Motion Benz, second Mayor Edgerton. So ordered. Further Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Gymnasium/health and fitness center" on page 19 of exhibit B, on the permitted use list. Motion Benz, second Mayor Edgerton. So ordered. Proposed Action: To create a C.U.P. for "Gun Shops", page 19, exhibit B. Motion Mayor Edgerton, second Oakes. The motion failed due to the dissenting votes of Benz, Bowler, and Reviczky. Action: To continue "Publishing Business" on page 20 of exhibit B, for further discussion of why it is not permitted in the C-1 and C-2 zones after proper notice . Motion Oakes, second Mayor Edgerton. So ordered. Proposed Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Restaurant/cafe with beer and wine" on page 20 of exhibit B, on the permitted use list. Motion Benz, second Bowler. The second was withdrawn on the advice of the City Attorney that it constituted a conflict of interest. The motion died due to the lack of a second. Further Action: To continue "Restaurant/cafe with beer and wine" on page 20 of exhibit B, for further discussion of what is required by the A.B.C. for licensing. Motion Oakes, second Reviczky. So ordered. Proposed Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Reverse vending machines" on page 21 of exhibit B, on the permitted use list. Motion Benz, second Bowler. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Edgerton. Proposed Action: To advise the Planning Commission, for future study, to delete the requirement for C.U.P.s for "Surfboard manufacturing" on page 21 of exhibit B, on the permitted use list. Motion Benz. The motion died due to the lack of a second. Final Action: To direct staff to bring back a Resolution of Intent for the Regular Meeting of May 10, 1994 to direct the Planning Commission to review the permitted uses within certain zones; consult with the City Attorney and the City Manager to determine which conditions are enforceable; and, to continue the discussion of phase 2 to the Regular Meeting of May 24, 1994, with proper noticing. Motion Benz, second Mayor Edgerton. So ordered. At 11:40 the order of the agenda was returned to item 1. MUNICIPAL MATTERS 8.REDUCE PARKING ENFORCEMENT TIME LIMIT IN THE DOWNTOWN AREA AND INSTITUTE ONE HOUR FREE PARKING AT LOWER PIER AVENUE DURING THE MONTH OF MAY. Memorandum from Public Works Director Amy Amirani dated April 19, 1994. At 11:45 P.M. Councilmember Benz returned to the dais. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Garrison Frost - "Coast Drug" owner, said that downtown businesses needed to compete with other business areas that offered free parking; spoke in favor of one hour free parking; suggested that if Allright Parking felt this hurt the parking lot business they could be released from their contract; Patricia Spiritus - 1610 The Strand, Downtown Business Area Enhancement District Advisory Commission, said the one hour free parking could be used as a public relations tool to get people to come to the downtown area; suggested that there had not been a problem before the holidays when the meters had been bagged; Jim Dewey - 711 Manhattan Avenue, said one month was not long enough for a trial period, should be 3 to 6 months, possibly in the winter; suggested the one hour free parking should be expanded to the entire downtown area; suggested that court fines and ticket monies should be used for nonrecurring expenses; and, Dallas Yost - "Pacific Screen Print" owner, said some businesses on Pier Avenue needed the one hour turn over in order to get people in and out but Hermosa Avenue needed longer time periods, such as three hours, for parking; suggested that the parking lots could be metered and bring in as much, or more, revenue; suggested that a cost/benefit study be done on the parking enforcement. Action: To approve the staff recommendation to receive and file the report. Motion Mayor Edgerton, second Oakes. The motion carried, noting the dissenting vote of Benz. 9.MINIMUM STANDARDS TO ALLOW TEMPORARY STREET CLOSURE FOR SPECIAL EVENTS, with Resolution for adoption. Memorandum from Public Works Director Amy Amirani dated April 21, 1994.Supplemental Resolution from City Attorney Vose received April 26, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Warren Barr - Chamber of Commerce President, requested that item f of the Resolution be deleted; Helene Frost - "Coast Drug" owner, said the criteria of street closures should be to help the businesses impacted by the closure and should not take place during the peak sales periods for the businesses; Gloria Anderson - Fiesta de las Artes Chairperson, asked that item f of the Resolution be eliminated; Lex Honyak - representing "Hennessey's", said "The Lighthouse" and "Hennessey's" supported the street closure during the Volleyball Tournament; said the booths should be around the street median and not in front of shops; said any film footage of the shops on Pier Avenue would be helpful; Carol Hunt - Chamber of Commerce Executive Director, requested that item f of the Resolution be deleted; and, Parker Herriott - (requested his address not be listed), questioned if this needed to go to the Coastal Commission. Action: To approve the staff recommendation to adopt the City Attorney's supplemental Resolution No. 94-5679, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ESTABLISH PROCEDURES AND MINIMUM REQUIREMENTS FOR PERMITS TO ALLOW TEMPORARY USE AND CLOSURE OF PUBLIC STREETS FOR SPECIAL EVENTS AND STREET FESTIVALS.", as amended on page two, section (f) to delete the present wording and substitute, "Subject to the review and recommendation of the Downtown Business Area Enhancement District Advisory Commission." Motion Benz, second Bowler. The motion carried, noting the dissenting vote of Reviczky. 10. UNREINFORCED MASONRY BUILDING HAZARD MITIGATION PROGRAM PROGRESS REPORT. Memorandum from Interim Building & Safety Director Michael Schubach dated April 18, 1994. Action: To continue this item to the Regular Meeting of May 10, 1994. Motion Mayor Edgerton, second Benz. So ordered. 11. PROPOSED ORDINANCE PROHIBITING DOGS ON ACTIVE SCHOOL GROUNDS IN THE CITY, with Ordinance for introduction and waiver of full reading.Memorandum from Community Resources Director Mary Rooney dated April 19, 1994. Action: To continue this item to the Regular Meeting of May 10, 1994. Motion Mayor Edgerton, second Benz. So ordered. At 12:40 A.M. the order of the agenda was suspended to go to item 14. 12. LOS ANGELES COUNTY LIFEGUARD AND BEACH MAINTENANCE SERVICES: MAY 5, 1994 PUBLIC HEARING-BOARD OF SUPERVISORS. Memorandum from Assistant City Manager Mary Rooney dated April 19, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize the Mayor to draft a letter to the Los Angeles County Board of Supervisors for their May 5, 1994 public hearing which outlines the City's concerns which include: 1)historic and current regional responsibility of the County to care for the beaches; 2)the City's inability to subsidize this expensive service; 3)potential long term funding solutions; 4)the difficulties the City would have in mobilizing adequate services by the April 1, 1995 deadline; and, 5)beach services as a health and welfare issue. Motion Mayor Edgerton, second Bowler. The motion carried unanimously. 13. POTENTIAL CONFLICTS OF INTEREST/INCOMPATIBLE ACTIVITIES OF CITY OFFICIALS. Memorandum from City Attorney Charles S. Vose dated April 20, 1994. Action: To continue this item to the Regular Meeting of May 10, 1994. Motion Mayor Edgerton, second Benz. So ordered. 14. REQUEST OF BILLY D. GRAY AND MARY E. GRAY TO MODIFY A LIEN AGREEMENT PLACED ON THEIR PROPERTY AT 1115-17TH STREET IN 1981 TO CONSTRUCT SIDEWALKS. Memorandum from City Manager Stephen Burrell dated April 21, 1994. Supplemental letter from Bill and Mary Gray dated April 22, 1994. Supplemental memorandum from City Attorney Charles S. Vose dated April 25, 1994. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Bill Gray - 1115 - 17th Street, spoke to his request and explained the background to the lien. Proposed Action: To erase the lien and return the 750 cash deposit. Motion Mayor Edgerton. The motion was withdrawn by the maker. Action: To approve the staff recommendation to subordinate the lien to the new first Deed of Trust. Motion Mayor Edgerton, second Reviczky. The motion carried unanimously. At 1:01 A.M. the agenda was returned to item 12. 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS & COMMISSIONS PLANNING COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 1995. Memorandum from Deputy City Clerk Naoma Valdes dated April 20, 1994. Action: To direct the City Clerk's Office to advertise the vacancy and return the item for the Regular Meeting of June 14, 1994. Motion Mayor Edgerton, second Oakes. So ordered. 17. OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: (a) Request by Council member Benz to consider a 5 day work week for all customer service related departments.(Continued from meetings of March 22, 1994 & April 12, 1994) Action: To continue the item to the Regular Meeting of May 10, 1994. Motion Mayor Edgerton, second Benz. So ordered. (b) Request by Mayor Edgerton to City Attorney for report regarding vesting of Macpherson Oil contract. Action: To continue the item to the Regular Meeting of May 10, 1994. Motion Mayor Edgerton, second Benz. So ordered. CITIZEN COMMENTS Coming forward to address the Council at this time were: Parker Herriott - (requested his address not be listed in the minutes), objected to street closure; and, Jim Lissner - 2715 El Oeste Drive, said the public record should contain all of the comments made. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Father Terry Scott Franklin, former Assistant Pastor of American Martyrs Church in Manhattan Beach and Sam Remington, 70 year resident of the South Bay and manager of the Mermaid Restaurant for the last 28 years, on Wednesday, April 27, 1994 at the hour of 1:13 A.M. to the Regular Meeting of Tuesday, May 10, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on May 10, 1994, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Elaine Doerfling, City Clerk ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None PROCLAMATION: TRANSPORTATION WEEK: MAY 15-22, 1994 Mayor Edgerton read the proclamation and declared the week of May 15 through May 22, 1994 as "Transportation Week" and urged all citizens to become aware of the stature and capabilities of our Nation's Transportation System and the important role it plays in our daily life. PRESENTATION OF "EMPLOYEE OF THE QUARTER" AWARDS: Richard Contreras, Community Services Division Personnel Director Robert Blackwood said that Richard Contreras, City employee for the past 21 years, was unable to attend tonight and would be presented his award at the meeting of May 24, 1994. Michael Flaherty, Public Works Department Personnel Director Robert Blackwood said the Employee of the Quarter Award was being presented to Michael Flaherty for the third time for outstanding service, this time for his volunteer efforts with the Veterans Memorial Committee. Director Blackwood said that Mike started with the City in April, 1974 as an Animal Control Officer, has progressed through the ranks to his current appointment as Public Works Superintendent, and commended Mike as not only a dedicated employee but also as a wellrespected resident. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Leslie Newton - 2041 Circle Drive, responded to the article in the "Beach Reporter" which had a quote from a merchant not in favor of closing lower Pier Avenue; said she was a merchant in that area and was very much in favor of the concept; Skip Collector - Hermosa Beach Education Foundation representative, said item 1(k) had been pulled as the Foundation was not having the event at Clark Field, Thanked Community Resources staff for their help; Alice Villalobos - 1560 Pacific Coast Highway, spoke as one of the silent majority in favor of the proposed lower Pier Avenue pedestrian promenade; said it would give ambiance and charm to that area of the City and bring in more business; Janice Hatcher - 906 Third Street, questioned the status of the grants for street beautification; asked if it could apply to southern Pacific Coast Highway as well; said air traffic was very heavy and noisy lately; asked the Council to remember sidewalks and streets when they had the budget workshops this year; Hugo Ugolini - 39 Pier Avenue, "Il Boccaccio" owner, spoke in favor of closing lower Pier Avenue; said pedestrian malls were very successful in Santa Monica and Pasadena, said that Hermosa Beach was ready for it; Bunny Muter - "Spando" owner, spoke in favor of the proposed promenade; said it would be great for the merchants; Chloe (last name indistinct) - 49 Pier Avenue, said the proposed closure of lower Pier Avenue was a great idea and she was very excited by the concept; Dennis Martin - 1820 Ardmore Avenue #26, said he was very grateful for the water reclamation project on the Greenbelt as it had scraped the running section level and had removed the objectionable chip covering; asked that the chips that had been removed not be replaced and some restriction on the type and amount of chips placed back with the restoration process; and, Jim Harvey - representing "Hennessey's" and "The Lighthouse", spoke in favor of the proposed pedestrian promenade. Councilmember Reviczky announced the Veteran's Memorial Dedication would take place Saturday, May 21, 1994 at 10:00 A.M. on the southeast lawn of the Community Center and invited everyone to attend. He also announced that the Little League annual "Las Vegas Night" would be held at the Community Center Gymnasium Saturday night on May 21, 1994 and invited all to attend as it was a great fundraising party for a good cause. At 7:35 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (b) WRITTEN COMMUNICATION 1)Letter from James Lissner dated April 28, 1994 regarding the film ordinance. Action: To receive and file. Motion Mayor Edgerton, second Reviczky. So ordered. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (r), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Bowler, (i) Mayor Edgerton, (k) Mayor Edgerton and (m) Bowler. Motion Mayor Edgerton, second Bowler. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on April 21, 1994; 2) Minutes of the Regular meeting held on April 26,1994. Action: To approve the minutes of the Adjourned Regular Meeting of April 21, 1994 and the minutes ofthe Regular Meeting of April 26, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 46961, 47035, and 47107 through 47242 inclusive, noting voided warrants Nos. 47130, 47131, 47132, 47154, 47176 and 47178. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated April 26, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1)Claimant : Simon, Richard Date of Loss: 03/01/94 Date Filed : 03/23/94 Allegation : Injuries caused when claimant fell from wall at 11th Street and Hermosa Avenue; 2)Claimant : Shean, Robert Scott Date of Loss: 03/22/94 Date Filed : 03/28/94 Allegation : Failure to maintain tree. Damage to vehicle when wind blown Palm frond cracked windshield; and, 3)Claimant : Leonard, Roy Date of Loss: 09/10/93 Date Filed : 03/09/94 Allegation : Failure to maintain public sidewalk in safe condition at Second & Valley caused injury when claimant tripped. (e) RECOMMENDATION TO ADOPT RESOLUTION ESTABLISHING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from City Manager Stephen Burrell dated April 27, 1994. Action: To approve the staff recommendation and adopt Resolution No. 94-5680, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 93-5588 AND ESTABLISHING SALARY, BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT FOR MANAGEMENT EMPLOYEES". (f) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 7 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 26, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between theSouth Bay Free Clinic and the City for the use of Room 7 in the Community Center at a rate of 990 per month (1,100 sq.ft. X .90 per sq.ft.) from June 15, 1994 through June 14, 1995, for a total rental income of 11,863; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENT FOR PROJECT TOUCH FOR THE USE OF ROOMS 3 & 11 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 26, 1994. Action:To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between theProject Touch and the City for the use of Rooms 3 and 11 in the Community Center at a rate of 836 per month (929 sq.ft. X .90 per sq.ft.) from June 1, 1994 through June 30, 1995, for a total rental income of 10,392; and, 2)authorize the Mayor to sign the lease. (h) ASSOCIATION OF VOLLEYBALL PROFESSIONALS (AVP) REQUEST FOR AID PRIORITY SEATING.Memorandum from Community Resources Director Mary Rooney dated April 28, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Flo Bryan - AVP Director of Marketing, responded to Council questions; said paid seating would be the seats closest to the courts on all four sides; VIP seating would be at court level on the sand; and the AVP would like to have its costs of 5,000 deducted from the paid seating gross before giving the City a percentage; Shirley Cassell - Hermosa Beach, said the City should get 50 percent of the gross for selling seating on the beach; and questioned the amount of the insurance to be carried; and, Don Faulkenstein - (no address given), objected to paid seating as there was no good viewing left for those not paying to see the event. Action:To approve the Parks, Recreation and CommunityResources Advisory Commission and staff recommendation, without change, to: 1)approve priority seating for the AVP Men's Professional Volleyball Tournament on August 26-28, 1994; and, 2)charge the AVP 4,000 or 25 percent ofthe gross admission revenue, whichever is greater, for priority seating. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE THE 1994 WOMEN'S PROFESSIONAL VOLLEYBALL ASSOCIATION (WPVA) TOURNAMENT ON JUNE 17, 18 & 19, 1994. Memorandum from Community Resources Director Mary Rooney dated May 1, 1994. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting, at the request of Shirley Cassell. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said she was not opposed to the tournament, but the Chamber of Commerce wanted to close Pier Avenue and have booths on the street; felt the City should get half of the 17,000 the Chamber could be expected to receive from this event. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from the Women's Professional Volleyball Association (WPVA) to hold a professional beach volleyball tournament on the Pier courts on June 17, 18, and 19, 1994, with: 1)permit fees of 1,789.70 per day; 2)charges of 200 per day for set-up and teardown days; 3)charges for all direct City costs associated with the tournament; and, 4)the terms and conditions listed in the contract. Motion Mayor Edgerton, second Bowler. So ordered. (j) PROPOSITION "A" FUND EXCHANGE WITH CITY OF WEST HOLLYWOOD FOR ACQUIRING GENERAL FUND, with Resolution for adoption. Memorandum from Planning Director Michael Schubach dated April 29, 1994. Action: To adopt Resolution No. 94-5681, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE TRANSFER OF 170,000 IN PROPOSITION A TRANSIT FUNDS IN EXCHANGE FOR 102,000 IN GENERAL FUNDS FROM THE CITY OF WEST HOLLYWOOD.", which is at a rate of .60 to the dollar. (k) REQUEST FROM THE HERMOSA BEACH EDUCATION FOUNDATION TO HOLD "BAYOU BASH" FUND-RAISER ON CLARK FIELD. Memorandum from Community Resources Director Mary Rooney dated April 26, 1994. This item was withdrawn by staff, at the request of the Hermosa Beach Education Foundation (HBEF), prior to the meeting. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting, at the request of Shirley Cassell. Community Resources Director Rooney responded to Council questions and said the HBEF had decided to cancel its request and hold the fund- raiser elsewhere. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said she watched the item come before the Parks, Recreation and Community Resources Advisory Commission and the HBEF was upset because they could not have an outdoor beer garden at the event. There was no action taken on this item. (l) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING FINAL MAP #22601 FOR A 2-UNIT CONDOMINIUM UNIT AT 316 26TH ST. Memorandum from Planning Director Michael Schubach dated May 2, 1994. Action: To adopt Resolution No. 94-5682, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #22601 FOR A TWO UNIT CONDOMINIUM PROJECT LOCATED AT 316 26TH STREET, HERMOSA BEACH, CALIFORNIA." (m) RECOMMENDATION TO AUTHORIZE THE PURCHASE OF SIERRA SYSTEMS SOFTWARE. Memorandum from Assistant City Manager Mary Rooney dated May 3, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to determine when and why the City would have to pay 5,000 for the program source code. Assistant City Manager Rooney responded to Council questions and said it would only be in the event the company went out of business. Action: To approve the staff recommendation to authorize the purchase of Sierra Systems Software, as previously approved at the February 22, 1994 meeting, with the amended condition requiring a fee payment of 5,000 if the City requires the use of the source code. Motion Bowler, second Reviczky. So ordered. (n) RECOMMENDATION TO ADOPT A RESOLUTION FOR APPROVAL OF WHEELCHAIR RAMP CONSTRUCTION APPLICATION FOR FUNDS TDA ARTICLE 3 FUNDS FOR FY 1994-95. Memorandum from Public Works Director Amy Amirani dated May 4, 1994. Action: To adopt Resolution No. 94-5683, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.", which approves the application for discretionary regional fund for the construction of handicap ramps at various locations in the City under CIP 94-147. (o) RECOMMENDATION TO ADOPT A RESOLUTION OF SUPPORT FOR THE SOUTH BAY AREA SIGNAL SYNCHRONIZATION PILOT PROJECT 1. Memorandum from Public Works Director Amy Amirani dated May 3, 1994. Action:To adopt Resolution No. 94-5684, entitled, "ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE SOUTH BAY AREA SIGNAL PROJECT.", which joins Hermosa Beach with all other South Bay cities in support of proceeding with the South Bay Pilot Program for the development of a tenyear program to synchronize a traffic flow corridor for the San Diego Freeway. (p) REQUEST FOR TIME EXTENSION FOR SUBMISSION OF 1994 95 PRELIMINARY BUDGET. Memorandum from City Manager Stephen Burrell dated May 3, 1994. Action: To approve the staff request to extend the date for submission of the 1994-95 Preliminary Budget from May 15, 1994 to May 27, 1994 and to change the dates for Budget Study sessions to June 6, and June 20, 1994, with public hearings and Budget adoption scheduled for the Regular Meeting of June 28, 1994. (q) RECOMMENDATION TO ADOPT A RESOLUTION OF INTENT TO STUDY PERMITTED USES IN CERTAIN ZONES. Memorandum from Planning Director Michael Schubach dated May 4, 1994. Action:To adopt Resolution of Intent No. 94 5685, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY OF ARTICLE 8, IN REGARDS TO PERMITTED USES IN CERTAIN ZONES.", to include a study of permitted uses as part of the study already underway to consider changes to uses requiring C.U.P.s. (r) RECOMMENDATION TO ADOPT A RESOLUTION THAT WILL AUTHORIZE AMENDMENTS TO THE CONTRACT WITH CALIFORNIA DEPARTMENT OF FORESTRY (CDF) IN ORDER TO RECEIVE REIMBURSEMENT OF 17,600 FOR TREES PLANTED ON THE HERMOSA VALLEY GREENBELT. Memorandum from Public Works DirectorAmy Amirani dated May 4, 1994. Action:To adopt Resolution No. 94-5686, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY TO EXECUTE AMENDMENTS FOR CONTRACT NUMBER 8 CA 27539 BETWEEN SAID AGENCY AND THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION" 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1108 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING MOTION PICTURE FILMING AND OTHER TRANSIENT ACTIVITIES AND AMENDING CHAPTERS 17, 22 AND APPENDIX A OF THE HERMOSA BEACH MUNICIPAL CODE". Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1108. Motion Benz, second Bowler. An amendment proposed by Oakes to change page 2, Section 1., line 11, end of paragraph to continue, "...temporary activity requiring a permit."; page 2, Section 2., line 21, change may to will; and, page 3, Section 2., line 5 1/2, change guidelines to procedures, was not accepted by the maker of the main motion, which was then voted on, unchanged, as follows. AYES: Benz, Bowler, Reviczky NOES: Oakes, Mayor Edgerton 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (i), (k), and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.TEXT AMENDMENT TO CONSIDER ELIMINATING OR MODIFYING THE REQUIREMENT THAT CITY COUNCIL MODIFICATIONS OF PLANNING COMMISSION ACTIONS, ON APPEAL OR RECONSIDERATION, BE REFERRED BACK TO THE PLANNING COMMISSION FOR REVIEW AND COMMENT, with an Ordinance for introduction and waiver of full reading. Memorandum from Planning Director Michael Schubach dated May 3, 1994. Planning Director Schubach presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions and said that State law required changes to the general plan, zone changes, and zoning text amendments to be returned to the Planning Commission for review. City Manager Burrell also responded to Council questions. The public hearing opened at 7:42 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said the Planning Commission checks every detail on plans; and, that a project is delayed and more costly when it has to go back to the Planning Commission for review. The public hearing closed at 7:45 P.M. Action: To introduce Ordinance No. 94-1109, as amended with the substitution of the staff alternate Section 1, which eliminates the requirement for referrals for all discretionary land use cases. Motion Bowler, second Benz. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1109, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1413, DECISIONS OF THE COUNCIL ON APPEALS AND RECONSIDERATIONS, TO ELIMINATE THE PROVISION REQUIRING COUNCIL MODIFICATIONS TO BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION." Motion Reviczky, second Mayor Edgerton. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None 5.TEXT AMENDMENT TO ARTICLE 13 OF THE ZONING ORDINANCEREGARDING NONCONFORMING BUILDINGS AND USES. (Continued from meetings of April 12, 1994 and April 26, 1994) Memorandum from Planning Director Michael Schubach dated May 3, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 7:56 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:56 P.M. Action: To direct staff to rewrite and bring back a much more succinct and simplified version, which allows remodeling for both residential and commercial nonconforming buildings, for Council review before referral to the Planning Commission for its input. Motion Oakes, second Bowler. The motion carried by a unanimous vote. 6.TEXT AMENDMENT TO AMEND THE DEFINITION OF "BUILDING HEIGHT" AND TO ADD A DEFINITION OF "GRADE", with an Ordinance for introduction and waiver of full reading. (Continued from meetings of April 12, 1944 and April 26, 1994.) Memorandum from Planning Director Michael Schubach dated May 3, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 8:45 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:45 P.M. Proposed Action: To amend the definitions as recommended by the Planning Commission in alternative 1, and provide policy direction to consider a spot elevation made by a surveyor during or at the end of framing to make this a responsibility of the homeowner as other cities do (to eliminate the responsibility of measurements made by the Building and Safety Department); and, to study an alternative method to measure slopes greater than 1:3. Motion Oakes.The motion died due to the lack of a second. Action: To return this item back to the Planning Commission with specific policy direction noting the Council's concerns of: consider a spot elevation made by a surveyor during or at the end of framing to make this a responsibility of the homeowner as other cities do (to eliminate the responsibility of measurements made by the Building and Safety Department); and, to study an alternative method to measure slopes greater than 1:3. Motion Reviczky, second Mayor Edgerton. Themotion carried by a unanimous vote. The meeting recessed at 9:07 P.M. The meeting reconvened at 9:26 P.M. and returned the order of the agenda to "Written Communications". MUNICIPAL MATTERS At 10:10 P.M. the order of the agenda was suspended to take items 8, 12, 7, 9, 10, and 11 in that order, but items are shown in order for clarity. 7.UNREINFORCED MASONRY BUILDING HAZARD MITIGATION PROGRAM PROGRESS REPORT. (Continued from meeting of April 26, 1994) Memorandum from Interim Building & Safety Director Michael Schubach dated May 3, 1994. (Heard at 10:46 P.M.) Interim Building and Safety Director Schubach presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item was: Charlie Swartz - Interim Chief Building Inspector, responded to Council questions. Action: To approve the staff recommendation to: 1)direct staff to complete preparation of an enforcement Ordinance that requires seismic strengthening of unreinforced masonry (URM) buildings; 2)set dates of June 6 and 8, 1994 for informational meetings with Melvyn Green and Associates explaining the proposed Ordinance to URM owners and interested persons; and, 3)schedule public hearings for July 12, 1994. Motion Reviczky, second Mayor Edgerton.The motion carried, noting the absence of Reviczky, who left the dais at 10:57 P.M., prior to the vote. (The Council then went to item 9.) 8.APPROVAL TO HIRE A CONSULTANT TO CONDUCT DOWNTOWNIMPLEMENTATION PLAN STUDY. Memorandum from Public Works Director Amy Amirani dated May 3, 1994. (Heard at 10:11 P.M.) Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jerry Newton - Downtown Business Area Enhancement District Advisory Commission, said that the hiring of a consultant would not impact the general fund as the expense was being paid from the parking fund, and he hoped the item would be approved. Action: To approve the staff recommendation to: 1)approve the award of contract for the Downtown Implementation Plan to the firm of IBI Group, in the amount of 120,000; and, 2)approve an appropriation of 105,000 from the Downtown Business Area Enhancement District Advisory Commission account and 15,000 from the In-lieu Parking account to pay for the Improvement Plan consultant services. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. (The Council then went to item 12.) 9.POTENTIAL CONFLICT OF INTEREST/INCOMPATIBLE ACTIVITIES OF CITY OFFICIALS. (Continued from meeting of April 26, 1994) Memorandum from City Attorney Charles S. Vose dated April 20, 1994. (Heard at 10:59 P.M.) City Attorney Vose presented his report and responded to Council questions. Councilmember Reviczky returned at 11:01 P.M. Councilmember Benz left the dais at 11:05 P.M. and returned at 11:08 P.M. Action:To approve in concept the amended Conflict of Interest Policy submitted by Councilmember Bowler and direct that it be sent to the City Attorney for review and returned to the Council in proper form. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. (The Council then went to item 10.) 10. REQUEST TO OBTAIN AN OPINION ON THE ISSUE OF VESTING CONCERNING THE OIL PROJECT RELATIVE TO THE INITIATIVE. (Continued from meeting of April 26, 1994)Memorandum from City Manager Stephen Burrell dated May 5, 1994. City Manager Burrell presented his report and responded to Council questions. Action: To authorize the City Manager to execute an amendment to the City Agreement with the law firm of Richards, Watson and Gershon to provide legal services in connection with the oil project. Motion Oakes, second Bowler. The motion carried by a unanimous vote. (The Council then went to item 11.) 11. PROPOSED ORDINANCE PROHIBITING DOGS ON ACTIVE SCHOOL GROUNDS IN THE CITY, with an Ordinance for introduction and waiver of full reading and with approximately 159 letters and drawings from Hermosa Beach schoolchildren requesting that dogs be kept off of school playgrounds. (Continued from meeting of April 26, 1994) Memorandum from Community Resources Director Mary Rooney dated April 19, 1994. (Heard at 11:25 P.M.) Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To introduce Ordinance No. 94-1110. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Edgerton. Final Action: To waive further reading of Ordinance No. 94-1110, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE." Motion Bowler, second Mayor Edgerton. AYES:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES:None (The Council then went to item 13.) 12. REQUEST OF THE SOUTH BAY ALANO CLUB TO PURCHASE THE PROPERTY AND BUILDING LOCATED AT 702 - 11TH PLACE. Memorandum from City Manager Stephen Burrell dated May 5, 1994. (Heard at 10:19 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Mr. Burrell said that the Alano Club was offering to purchase the property (not including the adjoining parking lot) for 300,000 with 150,000 down and the remainder carried for 30 years at 10 percent interest, and the City would have a reversionary clause that allowed it the right of first refusal if the Alano Club wished to sell the property. Coming forward to address the Council on this item were: Jim Meadows - Chairperson of the Board of Directors of the Alano Club, responded to Council questions, said the Alano Club has been saving to purchase a Club site, has been at this location for a number of years and would like to purchase the property; Jerry Newton - Downtown Business Area Enhancement District Advisory Commission, questioned why the City was considering selling the land; said the 17,000 annual lease payments from the property goes to the DBAEDA Commission; said the property was producing income now that would be lost if the property was sold; questioned where the proceeds of the sale would go as the property had been purchased with Vehicle Parking District funds; questioned if it was possible to provide the Alano Club with a long term lease rather than a year by year lease. James Dewey - Downtown Business Area Enhancement District Advisory Commission, said there was a problem with a reversionary clause to the sale as the City would be selling the property at the bottom of the market and would have to buy back at a substantially higher price if the Alano Club decided to sell. Action: To direct staff to investigate and return to Council with the necessary information regarding the possible sale of the Alano Club property to the organization, determine if there is a future use for the property, secure appraisals for both the club property and the adjacent parking lot and determine who pays for the appraisals, determine how the proceeds would be distributed (City General Fund or Vehicle Parking District) if sold and if the City would finance the remaining balance as a mortgage, and invite the Downtown Business Area Enhancement District Advisory Commission to submit alternate suggestions. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (The Council then went to item 7.) 13.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) AMENDMENT OF SIGN ORDINANCE. Memorandum from City Manager Stephen Burrell dated May 5, 1994. City Manager Burrell presented the staff report and responded to Council questions. Councilmember Bowler reported a conflict of interest as his business flew certain flags, then left the dais and the room at 11:30 P.M. Action: To direct staff to study the permanentand temporary use of flags and to return to Council with recommended language in the proposed Sign Ordinance to allow flags under certain conditions; allow flags and banners for special occasions; and, to continue the suspension of enforcement on these items until the Ordinance is returned to Council. Motion Mayor Edgerton, second Benz. So ordered, noting the absence of Bowler. Councilmember Bowler returned to the dais at 11:35 P.M. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL None 15. OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: (a) Request by Mayor Edgerton to have City Council oppose AB 122 which would amend mobilehome residency. Mayor Edgerton discussed his request. City Attorney Vose responded to Council questions. Action: To direct staff to write a letter in opposition to AB 122. Motion Mayor Edgerton, second Bowler. So ordered, noting the dissenting vote of Benz. (b) Request by Councilmember Benz for discussion of elimination of the 6% Utility Users Tax. Councilmember Benz discussed his request. Action: To direct the City Manager to report on the capitalization of the Sewer Fund as a part of the Budget Workshop meetings. Motion Benz, second Oakes. So ordered. (c) Request by Councilmember Benz for discussion on modifying our entertainment permit. Councilmember Benz discussed his request for information on private parties being stopped by the Police Department due to noise complaints. Coming forward to address the Council on this item was: Val Straser - Police Chief, said parties were curtailed only when there was a second party response by the Police Department and the decision was at the discretion of the officers involved; if an arrest were made, it was almost always a citizen's arrest by the complaining party. Proposed Action: To review the procedure and criteria for curtailing entertainment at private parties. Motion Benz, second Mayor Edgerton. The motion was withdrawn and no further action taken on this item. (d) Request by Councilmember Benz for discussion regarding individual department budgets to reflect Workmen's Compensation claims. Councilmember Benz discussed his request. Action: To direct the City Manager to study and implement this item, if possible, for the budget workshop meeting. Motion Benz, second Mayor Edgerton. So ordered. CITIZEN COMMENTS - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 10, 1994 at the hour of 11:59 P.M. to the Adjourned Regular Meeting of Thursday, May 19, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of Matters of Personnel, pursuant to Government Code Section 54957: Wisniewski; and, matters of Litigation, pursuant to Government Code Section 54956.9(a): Byrnes v. City of Hermosa Beach Allen v. City of Hermosa Beach, Natural Resources Defense Council et al. v. Beverly Hills et al. (City of Hermosa Beach), and Hermosa Beach Stop Oil v. City of Hermosa Beach. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on May 24, 1994, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Pete Tucker, resident ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS - Mayor Edgerton thanked everyone for the turnout at the Veteran's Memorial Dedication last Saturday and gave special thanks to Councilmember Reviczky, Pete Tucker and Ken Marks. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jess Monet - 1636 Carlson, Redondo Beach, complained about the difficulty of making a right hand turn northbound onto Pacific Coast Highway from Aviation Boulevard. (b) WRITTEN COMMUNICATION 1.Letter from David Lash dated May 2, 1994 regarding the reclassification of spaces on 10th Street as permissible parking spaces. Coming forward to address the Council on this item was: David Lash - 918-C Monterey Blvd., spoke to his letter and requested the Council to eliminate some of the red spaces on Tenth Street. Proposed Action: To agendize the elimination of certain red spaces generally throughout the City in order to maximize parking. Motion Benz. The motion was withdrawn. Action: To agendize this item for the Council meeting of June 14, 1994 and direct staff to report on the possible reclassification of certain red spaces on this street. Motion Reviczky, second Benz. So ordered. Action:To direct staff to return with general policy guidelines for the reduction of red spaces throughout the City. Motion Benz, second Bowler. So ordered. 2.Letter from Timothy Meadows dated May 18, 1994 regarding obtaining a variance on smoking at the property located at 702-11th Place (South Bay Alano Club). Coming forward to address the Council on this item was: Timothy Meadows - Alano Club Chairperson, said the club was comprised of approximately 75 percent smokers and the City smoking ban inthe building had decreased the club's revenue from a 3,000 profit the first half of the year to an 11,000 loss in the second half of the year after the smoking ban went into effect; asked that the club be given a variance to allow smoking in the building. Action:To direct staff to return with an amendment to the smoking ban Ordinance in order to proceed with the variance. Motion Benz, second Reviczky. So ordered. 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Oakes and (g) Oakes. Motion Bowler, second Benz. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on April 21, 1994; Action: To approve the minutes of the Regular Meeting of May 10, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47243 through 47349 inclusive, noting voided warrants Nos. 47246 and 47247. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to inform the Council that she would not be in town on June 2, 1994 for the joint meeting with the School District and The Parks, Recreation and Community Resources Advisory Commission. Action: To receive and file the tentative future agenda items as presented. Motion Reviczky, second Bowler. So ordered. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL, 1994 FINANCIAL REPORTS: 1)Revenue and expenditure report; 2)City Treasurer's report; and, 3)Investment report. Action:To receive and file the April, 1994 financial reports as presented. (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF TWO PUBLIC WORKS FIELD PERSONNEL, ONE POLICE SERGEANT, ANDCLERICAL PERSONNEL IN THE BUILDINGANDFIRE DEPARTMENTS. MemorandumfromPersonnel Director Robert Blackwood dated May 9, 1994. Action:To approve the staff request for a 30-day extension of temporary appointment of two Public Works Field Personnel, one Police Sergeant, and two Clerical Personnel: one in the Building and Safety Department and one in the Fire Department. (f) RECOMMENDATIONTO DENY THE FOLLOWING CLAIMS AND REFER THEMTO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated April 26, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1)Claimant : Melnychuck, Paul Date of Loss: 02/24/94 Date Filed : 03/30/94 Allegation : Sewerback-up causeddamageto property and personal articles; and, 2)Claimant : Miyanaga, Yutaka, et al Date of Loss: 02/08/94 Date Filed : 05/05/94 Allegation : Dangerous condition of highway at 24th Place and Pacific Coast Highway contributedto trafficcollision fatality. (g) Recommendation for renewal of contract for Third Party Administrationof Workers' CompensationClaimsto Hazelrigg Risk Management Services, Inc. and authorize City Manager to negotiate and execute a renewal contract. Memorandum from Personnel Director Robert Blackwood dated May 11, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to a question regarding the services provided by the company. PersonnelDirector Blackwood respondedtoCouncil questions. Action: To approve the staff recommendation to award the contract for the City's Third Party Administration of Workers' Compensation Claims to Hazelrigg Risk Management Services, Inc. (H-RMS) and authorize the City Manager to negotiate and execute a renewal contract. Motion Reviczky, Benz. So ordered. (h) Request to approve a class specification for the position of City Planner and to authorize the City Manager to execute a supplemental to the Administrative Bargaining Unit MOU establishing the salary range. Memorandum from Personnel Director Robert Blackwood dated May 16, 1994. Action: To approve the staff recommendation to approve a class specification for the position of City Planner and authorize the City Manager to execute a supplemental to theAdministrativeBargaining UnitMemorandumof Understanding (MOU) establishing the salary range for this position to be 3,457 -- 4,202, which represents 15 percent above the current Associate Planner salary. (i) Recommendation to adopt a resolution requesting the allocation and payment of County Aid to Cities fund in theamountof89,229totheHermosaAvenue Rehabilitation Project (CIP 92-141).Memorandum from Public Works Director Amy Amirani dated May 17, 1994. Action:To adopt Resolution No. 94-5687, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUND.", in the amount of 89,229 to the Hermosa Avenue Rehabilitation Project (CIP 92- 141). (j) Recommendation to adopt a resolution to amend the Annual Statement of Investment Policy for the City of Hermosa Beach. Memorandum from City Treasurer John Workman dated May 12, 1994. Action:To adopt Resolution No. 94-5688, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 94-5654 AND ACKNOWLEDGING THE RECEIPT AND FILING OF THE AMENDED ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1994." 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1109 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1413, DECISIONSOFTHECOUNCILONAPPEALS AND RECONSIDERATIONS,TOELIMINATETHEPROVISION REQUIRING COUNCIL MODIFICATIONS TO BE REFERRED BACK TOTHEPLANINGCOMMISSIONFORREPORTAND RECOMMENDATION.". Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1109. Motion Reviczky, second Bowler. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None (b) ORDINANCE NO. 94-1110 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 22-3 OF THE PARKS REGULATIONS GENERALLY OF THE MUNICIPAL CODE."Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1110. Motion Reviczky, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES:....None At 7:34 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c) and (g) were heard at this time but are shown in order for clarity. Publiccomments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.FILM PERMIT POLICY REVIEW / REVISIONS. Memorandum from Assistant City Manager Mary Rooney dated May 17, 1994. Assistant City Manager Rooney presented the staff report and responded to Council questions. The public hearing opened at 7:36 P.M.Coming forward to address the Council on this item were: Janet Hamilton - 3417 Hermosa Avenue, submitted letter to the Council, said notice to the affected residents should be one to two weeks in advance of the start of filming and should include a description regarding the extent of thefilming; letters of consent from the residents should be required if filming exceeds two to three days; said the City should raise its fees for filming as they were much lower than other cities; and, Jim Hamilton - 3417 Hermosa Avenue, said written consent of the affected residents should be required for both parking and filming; said there should be some form of hearing for the residents and a longer advance notice of up to two weeks; said the City should not encourage filming, only allow it if it met the resident's approval. The public hearing closed at 7:46 P.M. Action:To approve the staff recommendations to adopt the Film Permit Policy with the revisions listed in attachment "B", as amended to include: 1)under the revision for parking: "...must be made with sufficient time for posting no later than 72 hours in advance."; 2)advance noticing of residents greater than 72 hours when possible; and, 3)under therevisionforresidential/business notification:"... Any (resident's)objections shall (rather than should) be reported to the Department."; 4)notification shall include a description of the type of filming that will occur; and, to direct staff to work with the California Film Office to develop a program to promote filming in Hermosa Beach. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 5.SPECIAL STUDY OF THE COMMERCIAL PERMITTED USE LIST INCLUDINGADDING OR DELETING THEREQUIREMENTFOR CONDITIONAL USE PERMITS FOR CERTAIN USES, THE CONDITIONS FOR CERTAIN USES, AND CONSIDERING WHAT USES ARE PERMITTED IN EACH ZONE.(Continued from meeting of 4/26/94) Memorandum from Planning Director Michael Schubach dated May 17, 1994. Planning Director Schubach presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. The public hearing opened at 8:21 P.M.Coming forward to address the Council on this item were: June Williams - 2065 Manhattan Avenue, expressed concern regarding the lack of specifications contained in the public noticing of this item; and, Michael Stifano - (no address given), questioned why C.U.P.s were by a class of business use rather than a specific case or location. The public hearing closed at 8:26 P.M. Action:To approve the staff recommendation that a C.U.P. is required for Reverse Vending Machines only if the request varies from the standard conditions in Section 10-10, with the amendment that the machine be locatedeithera specific minimumdistancefrom residential property or be restricted toonly certain specific commercial zones. Motion Oakes, second Benz. The motion carried by a unanimous vote. Action:To direct the Planning Commission to consider the exemption of Gymnasium/Health and Fitness Centers from the requirement of a C.U.P. Motion Mayor Edgerton, second Benz. The motion carried, noting the dissenting votes of Oakes and Reviczky. Action:To direct a study on amending Section 1152 (E) #11, to reduce parking requirements. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. Action:To direct the Planning Commission to consider the standards used by Manhattan Beach regarding a C.U.P. only for Off-Sale Alcohol Establishments that operate after 10:30 P.M. Motion Bowler, second Benz. Theproposedamendment made by Reviczkythata differentiation be made between Liquor Stores and Markets that sell alcohol on the basis that 20 percent or less of the total sales be from alcohol was not accepted by the maker of the main motion. The main motion carried, noting the dissenting vote of Reviczky. Action:To direct staff to address the issue of the trash receptacle requirements in a C.U.P. for smaller markets and restaurants. Motion Oakes, second Benz. The motion carried by a unanimous vote. The meeting recessed at 9:24 P.M. The meeting reconvened at 9:47 P.M.Councilmember Bowler declared a conflict on the next item to be considered as he is the owner of a restaurant with beer and wine. He then left the dais and the room at 9:48 P.M. Proposed Action:To eliminate the requirement for a C.U.P. for a Restaurant/Cafe with Beer and Wine . Motion Benz.The motion died due to the lack of a second. Final Action: To direct the Planning Commission of the Council's desire to continue the requirement of a C.U.P. for a Restaurant/Cafe with Beer and Wine, with the understanding that the Council will consider modifying the conditions for this use to ensure that they are reasonable. Motion Mayor Edgerton, second Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Bowler. Councilmember Bowler returned to the dais at 10:00 P.M. 6.AN ORDINANCE TO AMEND PORTIONS OF ARTICLE 13.5 OF THE ZONINGORDINANCE, SIGNS, TO CREATE EXCEPTIONSFOR HISTORIC SIGNS, GRAND OPENING SIGNS, AND CALCULATION OF WINDOW SIGN COVERAGE, with an Ordinance for adoption. Memorandum from Planning Director Michael Schubach dated May 16, 1994. Planning Director Schubach presented the staff report and responded to Council questions. The public hearing opened at 10:12 P.M.As no one came forward to address the Council on this item, the public hearing closed at 10:12 P.M. Action:To direct staff to return with the Manhattan Beach Sign Ordinance in regard to window sign coverage for Council review. Motion Oakes, second Bowler. Councilmember Benz withdrew his second, the motion was then seconded by Bowler. The motion carried by a unanimous vote. FinalAction:To approve the PlanningCommission recommendation to adopt Ordinance No. 95-1106, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TOAMEND PORTIONS OF ARTICLE 13.5 OF THEZONING ORDINANCE, SIGNS, TO CREATE EXCEPTIONS FOR HISTORIC SIGNS AND FOR GRAND OPENING SIGNS." Motion Reviczky, second Benz. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None At 10:16 P.M. the order of the agenda was returned to item 3. MUNICIPAL MATTERS 7.CONSIDERATION OF LEGAL NOTICING CONTRACT ALTERNATIVES. Memorandum from City Clerk Elaine Doerfling dated May 12, 1994. City Clerk Doerfling responded to Council questions. Action:To direct the City Clerk to negotiate an extension to the current contract for legal and display advertising with the "Easy Reader" newspaper for a specified period of one year, as was previously done. Motion Mayor Edgerton, second Benz. So ordered. 8.MUNICIPAL PIER RENOVATION PROJECT: PRELIMINARY DESIGN PHASE.Memorandum from Assistant City Manager Mary Rooney dated May 19, 1994. Assistant City Manager Rooney presented the staff report, responded to Council questions and turned the item over to comments by Councilmembers Oakes and Bowler of the Pier Renovation sub-committee. Proposed Action: To eliminate the sub-committee format anddirectCity Manager Burrell toassumesole responsibility for communication and direction to the architectural firm. Motion Benz.The motion died due to the lack of a second. Action: To approve the staff recommendation to: 1)authorize an expenditure not to exceed 15,000 from the Downtown Business Area Enhancement District Advisory Commission Fund to pay for schematic design servicesfrom Kirkpatrick Associatesforthe Municipal Pier Renovation Project; and, 2)authorize the City Manager to negotiate an agreement with Kirkpatrick Associates for preliminary design servicesper the scope of workoutlinedin "Attachment A", for an amount not to exceed 15,000. Motion Oakes, second Reviczky.The motion carried, noting the dissenting vote of Benz. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) TENTATIVE AGENDA FOR THE JOINT WORKSHOP MEETING OF THE CITY COUNCIL, HERMOSA BEACH SCHOOL DISTRICT AND THE PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMITTEE. Memorandum from City Manager Stephen Burrell dated May 19, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action:To receive and file the report, with the direction to staff to request any written information on listed items that can be provided by the School District for inclusion in the agenda packet, and request that the School District provide copies of its budget. Motion Reviczky, second Benz. So ordered. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) LIBRARYSUB-COMMITTEE REPORT.Memorandumfrom Council member Bowler.Supplemental information from Mayor Edgerton. Sub-committee members Bowler and Mayor Edgerton presented a report on this item. Coming forward to address the Council on this item was: Al Valdes - Hermosa Beach Friends of the Library President, thanked City staff and the Council sub-committee members. Action:To direct staff to investigate the necessary steps to withdraw from the County Free Library System; become a full-service, independent, Municipal Library; re- purchase the Library building from the County; and, evaluate the financial options available to the City and return to Council with the information regarding if, and when, the City can provide notice of intent to withdraw in order to avoid the County's levy of Library taxes during the period between the Library closure and actual withdrawal. Motion Bowler, second Benz. The motion carried by a unanimous vote. 11. OTHER MATTERS - CITY COUNCIL Mayor Edgerton spoke on the issue of Conditional Use Permits. Action:To give specific direction to the Planning Commission that the Council would like C. U. P.s in the general classification of "food" and "automotive" to be returned in order for the Council to review and give direction on the conditions to be imposed on those classifications. Motion Mayor Edgerton, second Bowler. So ordered. CITIZEN COMMENTS - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 24, 1994 at the hour of 11:18 P.M. to an Adjourned Regular Meeting of Tuesday, May 31, 1994 at the hour of 7:00 P.M. for the purpose of a Joint Workshop Meeting with the Planning Commission. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on June 14, 1994, at the hour of 7:05 P.M. PLEDGE OF ALLEGIANCE - Steve Crecy, Parks, Recreation and Community Resources Advisory Commissioner ROLL CALL: Present:Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None PRESENTATION: Commendation from City of Los Angeles Mayor Richard J. Riordan to the Hermosa Beach Veterans Memorial Committee Mayor Edgerton read the commendation in recognition of the dedication of the Hermosa Beach Veterans Memorial in honor of the men and women who served their county with pride, honor and dignity and then presented the commendation to Councilmember Reviczky who displayed it for public viewing. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, spoke regarding the new 18 charge to disconnect from cable service listed by MultiVision Cable TV in its last billing; said the City should say "no"; asked to speak on item 9 under Municipal Matters. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (e) Reviczky, and (f) Oakes. Motion Benz, second Bowler. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on May 19, 1994; and, 2)Minutes of the Regular meeting held on May 24, 1994. Action: To approve the minutes of the Adjourned RegularMeeting of May 19, 1994 and the minutes of the Regular Meeting of May 24, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47243, 47350 through 47460 inclusive and 47462 through 47581 inclusive, noting voided warrants Nos. 47353, 47354, 47382, 47404, 47465, 47466, and 47514. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the fees paid to California Psychological Health Plan in the amount of 1,045.35; questioned what this service covered and the amount of utilization; asked the City Manager to review this service. Personnel Director Robert Blackwood responded to Council questions and said it was covered in the employment M.O.U. and allowed Department heads to refer an employee or family member when there was a problem. Mr. Blackwood said the utilization was not high but it was very useful in a family crisis situation that affected an employee's work and said that the possibility of self-insurance could be explored. Action:To ratify the demands and warrants as presented. Motion Benz, second Bowler. So ordered. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE THE FLEET FEET TRIATHLETE SPRINT TRIATHLON ON SUNDAY, OCTOBER 16, 1994. Memorandum from Community Resources Director Mary Rooney dated June 14, 1994. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the Fleet Feet Triathlete Sprint Triathlon starting at 7:30 A.M., Sunday, October 16, 1994, which consists of the following events: 1)1/4 mile swim; 2) 9 mile bike ride (a portion would be held in Redondo Beach); 3) 3 mile run; and, 4) post event activities including a sand castle building contest and a volleyball event, with the understanding that the event meets the criteria for a Category I, moderate impact event; is cosponsored by a local non-profit organization, Project Touch; and, will pay fees in the amount of 3,065. (e) RECOMMENDATION TO RETAIN RED CURB SPACES ON 10TH STREET BETWEEN LOMA DRIVE AND MONTEREY BOULEVARD. Memorandum from Public Works Director Amy Amirani dated June 7, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions. Action: To direct staff to measure the north side of Tenth Street between Sunset and Monterey to determine if one more parking space could be created by shortening the red zones on the street, with the understanding that it was not necessary for staff to bring the item back to Council. Motion Reviczky, second Oakes. So ordered. .(f)RENEWAL OF COUNTY GROUND MAINTENANCE AGREEMENT FOR LANDSCAPED AREAS ADJACENT TO THE LIBRARY. Memorandumfrom Public Works Director Amy Amirani dated June 7, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to request that any new planting be done using xeroscopic plants. Action: To approve the staff recommendation to authorize the Mayor to sign the renewal agreement with the County of Los Angeles for the maintenance and upkeep of the landscaped areas adjacent to the public library building located at 550 Pier Avenue. Motion Oakes, second Reviczky. So ordered. (g) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE L.A. COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES, INC. FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated June 1, 1994. Supplemental addendum to the lease agreement received June 14, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Los Angeles County Bar Association Dispute Resolution Services, Inc. and the City for the use of Room 6B in the Community Center at a rate of 180 per month (200 sq.ft. X .90 per sq.ft.) from July 1, 1994 through June 30, 1995, for a total rental income of 2,160; and, 2)authorize the Mayor to sign the lease. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE RENOVATION OF THE MUNICIPAL PIER.Memorandum from Community Resources Director Mary Rooney dated June 1, 1994. Action: To adopt Resolution No. 94-5689, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED PROJECT GRANT PROGRAM FOR THE RENOVATION OF THE MUNICIPAL PIER.", to be included in the City's Prop A application packet to be submitted in order to collect the 1,500,000 to be used for the Municipal Pier renovation. (i) RECOMMENDATION TO APPROVE A TENTATIVE MEETING SCHEDULE. Memorandum from City Manager Stephen Burrell dated June 8, 1994. Action: To approve the schedule of City Council meetings for June through November, 1994 that deletes the second meeting of August 23, 1994. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (e) and (f) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. As the public hearings, starting with item 4, were advertised to be heard at 7:30, at 7:25 the order of the agenda was suspended to go to item 7. PUBLIC HEARINGS 4.CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1994-95, with Ordinance for waiver of full reading and introduction. Memorandum from Public Works Director Amy Amirani dated June 6, 1994. City Attorney Vose said that the legal requirement for noticing of items 4 and 5 was two parts; one part of the noticing had been done the other had not, therefore he advised the Council to open both public hearings in order to allow anyone who wished to speak at this time, and then continue both items to the Regular Meeting of June 28, 1994. The public hearing opened at 7:30 P.M. As no one came forward to address the Council on this item, Thepublic hearing closed at 7:30 P.M. Action:To continue this item to the Regular Meeting of June 28, 1994. Motion Benz, second Bowler. So ordered. 5.CITY OF HERMOSA BEACH STREET LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT 1994-95, with Resolution for adoption.Memorandum from Public Works Director Amy Amirani dated June 1, 1994. City Attorney Vose said that the legal requirement for noticing of items 4 and 5 was two parts; one part of the noticing had been done the other had not, therefore he advised the Council to open both public hearings in order to allow anyone who wished to speak at this time, and then continue both items to the Regular Meeting of June 28, 1994. The public hearing opened at 7:31 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:31 P.M. Action:To continue this item to the Regular Meeting of June 28, 1994. Motion Benz, second Bowler. So ordered. 6.SOUTH PARK MASTER PLAN/ENCROACHMENT ISSUES. Memorandum from Public Works Director Amy Amirani dated June 7, 1994. Supplemental drawing of Preliminary Master Plan for the South Park site from J.F. Davidson Associates dated June 14, 1994. Supplemental information from Public Works Director Amy Amirani given to Council at the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions. Jack Norton - representing J.F. Davidson Associates, presented drawings of the proposed South Park plan and responded to Council questions; said the could accommodate two tennis courts and one volleyball court or one tennis court and one small roller hockey court; said Phase I would provide the grass, irrigation, trees, most of the hardscape and the backbone conduit for security lighting. The public hearing opened at 7:45 P.M.Coming forward to address the Council on this item were: Hollie Murray - 1775 Valley Drive, said he was pleased that the Park entry was to be from Valley Drive; Virginia Shaw - 215 Valley Drive, expressed concerns regarding the roller hockey court; Cathy McCurdy - 1113 Valley Drive, questioned the trees shielding the Valley Drive parking lot; asked if there would be police visibility for security; Harry Smith - 423 Second Street, questioned when the park lights would go off at night (was told this was not to be a night park and there would be security lightin only at night); and, Margaret Menahan - business owner on Cypress, asked if there would be notices regarding the entry to the park from Cypress. The public hearing closed at 7:50 P.M. Action: To approve Phase I of the Master Plan for the South Park Project prepared by J. F. Davidson & Associates, Inc. with the exception that the proposed sand lot volleyball court would be grass. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Proposed Action: To approve Phase II as it is shown in the drawings with the inclusion of two tennis courts. Motion Reviczky, second Oakes. The motion failed due to the dissenting votes of Benz, Oakes and Mayor Edgerton. Final Action: To approve the staff recommendation for the conceptual design of Phase I and Phase II of the South Park with the inclusion of a 65 foot by 60 foot asphalt, hard surface playing site for roller hockey. Motion Oakes, second Benz.The motion carried, noting the dissenting votes of Bowler and Reviczky. The meeting recessed at 8:53 P.M. The meeting reconvened at 9:15 P.M. MUNICIPAL MATTERS 7.AMENDMENT TO ORDINANCE NO. 93-1091, "SMOKING POLLUTION CONTROL", AND CHAPTER 14 + OF THE HERMOSA BEACH CITY CODE DELETING REFERENCE TO THE CITY BUILDING LOCATED AT 702 11TH (a.k.a. "ALANO CLUB") AS A SMOKING PROHIBITED FACILITY, with Ordinance for waiver of full reading and introduction. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated June 7, 1994. Risk Manager Blackwood presented the staff report and responded to Council questions. Action: To approve the staff recommendation to introduce Ordinance No 94-1111. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1111, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 93- 1091, SMOKING POLLUTION CONTROL, AND CHAPTER 14 + OF THE HERMOSA BEACH CITY CODE." Motion Bowler, second Reviczky. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None At 7:29 P.M. the order of the agenda was returned to item 4. 8.AWARD OF CONTRACT FOR STREET SWEEPING.Memorandum from Public Works Director Amy Amirani dated June 7, 1994. Public Works Director Amirani presented the staff report and responded to Council questions.Ms. Amirani said that one City sweeper would be kept for emergencies and the others sold. Action: To approve the staff recommendation to award the three (3) year street sweeping contract to California Street Maintenance, 1918 West 169th Street, Gardena, CA 90247, for a total bid in the amount of 334,800 for Alternative I, (which does not include parking enforcement) for a first year savings to the City of 37,406. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 9. REQUEST FROM CHAMBER OF COMMERCE FOR STREET FAIR ON SUNDAY, JUNE 19, 1994 IN CONJUNCTION WITH THE WOMEN'S PROFESSIONAL VOLLEYBALL TOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated June 6, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Warren Barr - Past President of the Hermosa Beach Chamber of Commerce, said the fees from the booth rentals are passed through to pay for equipment rental and that the Chamber had budgeted this project for a net loss; said there was no cost for Pier Avenue merchants to use the sidewalk in front of their stores for merchandise display and sales, but there would be a charge if these merchants wished for booth space along the median; Shirley Cassell - Hermosa Beach, said she did not believe that this event would be a net loss for the Chamber; asked the Chamber to show its books to verify this; Leslie Newton - merchant and commercial landlord on lower Pier Avenue, explained how businesses could participate; said the City benefited by the added sales tax revenue generated by the event; asked the Council to approve the event, pray for good weather, and come down and say, "Hi"; and, Carol Hunt - Chamber of Commerce Executive Director, spoke of revenue received by the City when "Fiesta" participants used Hermosa Beach hotels, markets and restaurants. Action: To approve the Downtown Business Area Enhancement District Advisory Commission and staff recommendation to approve the request from the Hermosa Beach Chamber of Commerce to hold a street fair consisting of 30 booths along both sides of the Pier Avenue median and an additional 20 spaces available on the sidewalk for adjacent merchants, on Sunday, June 19, 1994 in conjunction with the Women's Professional Volleyball Tournament with the following conditions placed upon the Chamber of Commerce: 1) provide a 1,000,000 certificate of insurance for comprehensive and general liability; 2) provide professional clean-up and trash receptacles during and after the event; 3) accept responsibility for all event management and administration; 4) accept and reimburse the City for Police Officer assignment to the event as deemed necessary by the Chief of Police to ensure proper traffic management; 5) provide and post "No Parking" signs in the affected area and remove signs at the conclusion of the event; and 6) provide the permit fee of 300 and any direct costs to the City. Motion Bowler, second Benz. The motion carried by a unanimous vote. 10. POLICY FOR REVIEWING PUBLIC WORKS PROJECTS: PARKS, RECREATION AND COMMUNITY RESOURCES. (Continued from Joint Meeting of June 2, 1994.) Memorandum from Community Resources Director Mary Rooney dated June 8, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Proposed Action: To approve the proposed policy with the exception of item 3, open space areas. Motion Mayor Edgerton. The motion died due to the lack of a second. Action: To establish a City Council policy for Parks, Recreation and Community Resources Advisory Commission review of Public Works projects that affect: 1)parks and recreation building projects; 2)capital projects having a direct impact on recreational uses (i.e., the Strand, bike paths); 3)open space areas (i.e., medians); 4)beaches; and, 5)projects that have an aesthetic impact on park and open space areas (i.e., City wide sign projects), with the understanding that the Commission review should not unduly impact the work timelines of the Public Works projects, additional criteria for review would be: 1) any and all projects that change any recreational use of City property (i.e., the Commission would not want to review an irrigation project that simply made necessary refurbishments to an existing system); 2) relevant CIP projects that are ubject to City Council approval; and, 3) projects that exceed an expenditure of 5,000 from the Parks and Recreation Facility Tax Fund. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Mayor Edgerton. 11. CONSIDERATION OF PARTICIPATION IN THE 1995-97 FUNDING PROGRAM FOR LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM,with Resolution for adoption. Memorandum from City Manager Stephen Burrell dated June 9, 1994. City Manager Burrell presented the staff report and responded to Council questions. Mr. Burrell said that the amount that would be received by Hermosa Beach would be approximately 150,000 and could be used to comply with federal mandated ADA programs which require curb cuts, ramps, and other items. He also said that if the City started the process now, there would not be any funding until after July 1, 1995. City Attorney Vose also responded to Council questions. Mr. Vose said that the "strings" would apply only to the 150,000 the City received and would not impact any other City funds; that the ADA requirements would qualify 100 percent as the City would be using the federal funds to comply with a federal mandate. Mr. Vose explained that the City was using the County "umbrella" to apply for the funds; that the federal government had a list of perhaps 50 items that would qualify for the funds and Hermosa Beach would apply for funds to use for two of the items on the list and would not be required to expend funds on all 50 items. Action: To adopt Resolution No. 94-5690, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO PARTICIPATE IN THE 1995 97 COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.", and authorize the Mayor to sign the contract with the County of Los Angeles. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Benz and Mayor Edgerton. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 14. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Davis Lash - 918 Monterey Blvd., thanked the Council for directing staff to try to re- mark additional parking on Tenth Street. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 14, 1994 at the hour of 10:38 P.M. to an Adjourned Regular Meeting of Thursday, June 16, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of 1) Conference with Labor Negotiator, Stephen R. Burrell, in negotiation with the Hermosa Beach Firefighter's Association; 2) Matters of Personnel: pursuant to Government Code Section 54957: Public Employee Discipline/Dismissal/Release: Wisniewski, Steve: Settlement Negotiations; and, 3) Conference with Legal Counsel - Existing Litigation: pursuant to Government Code Section 54956.9(a): Natural Resources Defense Council et al. v. Beverly Hills et al. (Hermosa Beach) and Allen v. City of Hermosa Beach (Case #YC016526), and for a Budget Workshop Meeting (continued from June 6, 1994) for review of Departmental Budgets and the Capital Improvement Program for 1994-95. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on June 28, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Ed Lee, Assistant City Attorney ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Parker Herriott - 224 24th Street, spoke regarding a letter he had sent to Council and other Agencies requesting an investigation of "Besties" to determine if it is in compliance with various City and State regulations; asked if the "Ironman" contest was going to be held this year. (b) WRITTEN COMMUNICATION 1. Memorandum from Community Resources Director Mary Rooney dated June 21, 1994 regarding Edith Rodaway Friendship Park. Community Resources Director Rooney presented a staff report; responded to Council questions; and said that this item, regarding dogs in parks, would be placed on a future agenda Action: To receive and file the communication. Motion Reviczky, second Oakes. So ordered. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz, (i) Benz, and (j) Mayor Edgerton. Motion Bowler, second Benz. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on May 31, 1994; 2) Minutes of the Adjourned Regular Meeting held on June 2, 1994; 3) Minutes of the Adjourned Regular meeting held on June 6, 1994; and, 4) Minutes of the Regular meeting held on June 14, 1994. Action: To approve the minutes of the Adjourned Regular Meetings of May 31, 1994; June 2, 1994; and June 6, 1994; and, the minutes of the Regular Meeting of June 14, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS No. 47461 and Nos. 47582 through 47713 inclusive, noting voided warrants Nos. 47583, 47584, 47585, 47586, 47603, 47618, 47671 and 47672; and to approve cancellation of certain warrants as recommended by the City Treasurer. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY, 1994 FINANCIAL REPORTS: 1)Revenue and expenditure report; 2)City Treasurer's report; and, 3)Investment report. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting in order to emphasis that taxes, including business licenses, from commercial sources amounted to approximately 35 percent of the revenue for the period. Action: To receive and file the April, 1994 financial reports as presented. Motion Benz, second Bowler. So ordered. (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF A MAINTENANCE I AND A CLERK TYPIST. Memorandum from Personnel Director Robert Blackwood dated June 14, 1994. Action: To approve the staff request for a 30-day extension of temporary appointment of a maintenance I and a clerk typist. (f) RECOMMENDATION TO ADOPT RESOLUTION TO SUBMIT LAND USE PLAN AMENDMENTS IN REGARDS TO DOWNTOWN PARKING TO THE COASTAL COMMISSION. Memorandum from Planning Director Michael Schubach dated June 21, 1994. Action: To adopt Resolution No. 94-5691, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUBMITTING AMENDMENTS TO THE POLICIES OF THE CITY'S CERTIFIED COASTAL LAND USE PLAN TO THE CALIFORNIA COASTAL COMMISSION, FOR THEIR REVIEW AND APPROVAL." (g) RECOMMENDATION TO EXTEND THE CURRENT CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE CONTRACT FOR A TERM OF ONE YEAR. Memorandum from City Clerk Elaine Doerfling dated June 21, 1994. Action: To approve the staff recommendation to extend the current contract for City advertising (legal and display ads) with the Easy Reader newspaper; and approve the attached contract for a term of one year. (h) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING LIABILITY CLAIMS' LITIGATION MANAGEMENT AND LIABILITY ATTORNEY PANEL. Memorandum from Personnel Director Robert Blackwood dated June 21, 1994. Action: To approve the staff recommendation to receive and file the staff report regarding liability claims' litigation management and the liability attorney panel. (i) RECOMMENDATION TO AUTHORIZE THE CONTINUED NEGOTIATIONS BETWEEN STAFF AND THE REPRESENTATIVES OF GTEL GTE FOR THE PURCHASE OF A NEW CITY TELEPHONE SYSTEM THROUGH THE LOS ANGELES COUNTY PURCHASE AGREEMENT #53850. Memorandum from Police Chief Val Straser dated June 21, 1994. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Police Chief Straser responded to Council questions to explain that this was not a solid commitment at this time rather a "shopping list" only for cost comparison; that the cost was expected to be between 60,000 and 83,000 and the 100,000 figure was to place a cap on the project for the phone systems for the Police Department, Base III, and for City Hall. Action: To approve the staff recommendation to authorize the continued negotiations between staff and the representatives of GTEL GTE for the purchase of a new City telephone system through the Los Angeles County purchase agreement #53850. Motion Benz, second Bowler. So ordered. (j) RECOMMENDATION TO APPROVE FINAL PARCEL MAP #23863 FOR A 2LOT SUBDIVISION AT 1538 SILVER STREET, with Resolution for adoption.Memorandum from Planning Director Michael Schubach dated June 21, 1994. This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting to question why this item had not come before the City Council for a public hearing. Planning Director Schubach responded to Council questions and said it was customary for the public hearing for a lot split to be heard before the Planning Commission only and not before the City Council unless it were appealed. Action: To adopt Resolution No. 94-5692, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #23863 FOR A TWO-LOT SUBDIVISION LOCATED AT 1538 SILVER STREET, HERMOSA BEACH, CALIFORNIA." Motion Mayor Edgerton, second Benz. So ordered. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1111 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 931091, SMOKING POLLUTION CONTROL, AND CHAPTER 14+ OF THE HERMOSA BEACH CITY CODE.". Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Supplemental letters from Charles W. Gail, Robin Doyno, Joy Sydenstricker and David Rubenstein, M.D. in opposition. Action: To adopt Ordinance No. 94-1111. Motion Benz, second Reviczky. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (i) and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. (As the public hearings, starting with item 4, were advertised to be heard starting at 7:30, at 7:25 the order of the agenda was suspended to go to item 8. All items are shown in order for clarity.) PUBLIC HEARINGS 4.ADOPTION OF THE 1994-95 BUDGET. (a) OVERVIEW OF ADJUSTMENTS TO PRELIMINARY 1994-95 BUDGET. Memorandum from City Manager Stephen Burrell dated June 22, 1994. City Manager Burrell presented the staff report and responded to Council questions, he said that there was no was no way of knowing at this time whether or not the State would take more money from the cities in order to cut the State deficit, but there was no plan to do this being discussed in Sacramento now. Mr. Burrell said that only cities have had to cut staff, that both the State and the County had grown. Finance Director Viki Copeland responded to Council questions and said that the amount from the 6 percent Utility User Tax that went to the General Fund was 648,000 for funding one Police Officer, the downtown foot patrol, bootleg enforcement and other items and that 800,000 went into the Sewer Fund. Ms. Copeland said that both amounts were approximately the same as last year. The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M. (b) ADOPTION OF 1994-95 BUDGET RESOLUTION Action: To approve the staff recommendation to: 1)adjust the fiscal year 1994-95 budget as shown; 2)adopt Resolution No. 94-5693, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1994- 95."; and, 3)direct the City Manager to return with a long range financial plan September 27, 1994; review all contracts for professional and other services and report back with specific recommendations; develop equipment and facility replacement fund and report back by September 27, 1994; and, develop a City-wide work program for all departments by July 26, 1994 based on adoption of the 1994-95 budget. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 5.CITY OF HERMOSA BEACH CROSSING GUARD MAINTENANCE DISTRICT 1994-95. (Continued from meeting of June 14, 1994) Memorandum and Ordinance for introduction and waiver of full reading from Public Works Director Amy Amirani dated June 6, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that in reviewing the State Codes in regard to this item it was discovered that the State mandate for cities to fund crossing guards had been removed last year. The public hearing opened at 8:06 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:06 P.M. Action: To direct staff to put the School District on notice that this item might not be funded by the City next year and to introduce Ordinance No. 94-1112. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. Final Action: To waive further reading of Ordinance No. 94- 1112, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED APRIL 5, 1994, PREPARED PURSUANT TO RESOLUTION NO. 94-5664 AND APPROVED PURSUANT TO RESOLUTION NO. 94-5672 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1994." Motion Reviczky, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None 6.CITY OF HERMOSA BEACH STREET LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 1994-95. (Continued from meeting of June 14, 1994) Memorandum and Resolution for adoption from Public Works Director Amy Amirani dated June 1, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that little had been spent from this fund for the last few years therefore a surplus had grown that was now proposed to be used. The public hearing opened at 8:17 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:17 P.M. The public hearing was reopened at 8:28 P.M. Coming forward to address the Council was: John Hales - 624 Eighth Place, said that undergrowth and lower growth of trees and shrubs on the Greenbelt obscured visibility to the surrounding areas; asked if this could be cleared away for safety. The public hearing closed at 8:29 P.M. Action: To approve the staff recommendation to: 1) adopt Resolution No. 94-5694, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING MAP OF SAID DISTRICT, ASSESSMENTS AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1994.", which confirms the Landscaping and Street Lighting District 1994-95 and levies an assessment of 16.84 per unit for the fiscal year commencing July 1, 1994; and, 2) adopt the Fiscal Year 1994-95 estimated revenue from secured collections for the Landscaping and Street Lighting District in the amount of 182,478. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. 7.REVIEW OF DELINQUENT REFUSE CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON THE TAX ROLLS AS A SPECIAL ASSESSMENT. Memorandum and Resolution for adoption from Interim Building & Safety Director Michael Schubach dated June 15, 1994. Interim Building & Safety Director Schubach presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that he did not believe that the current charge covered the City's expense for this procedure. The public hearing opened at 8:42 P.M.Coming forward to address the Council on this item was: Chip Scholz - representing B.F.I., said the only alternative B.F.I. had to this procedure was to not pick up the refuse from the delinquent customers which would then create a greater problem for the City; said that the nuisance of abating trash build-up could only be handled in the same manner of placing a tax lien on the property to cover the cost of the City causing the refuse to be picked up; and said this was not a new procedure, that it was done every year, and that some owners preferred to have the refuse bill placed on the tax bills. The public hearing closed at 8:45 P.M. Action: To approve the staff recommendation to adopt Resolution No. 94-5695, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES.", which authorizes and directs the County Assessor to include delinquent refuse charges, which remain ten days following this hearing, as a special assessment to be collected at the same time and in the same manner as County taxes and to direct staff to return with a report on possible alternatives to this procedure for next year. Motion Mayor Edgerton, second Benz The motion carried by a unanimous vote. MUNICIPAL MATTERS 8.REQUEST FROM BEACH SOCCER INTERNATIONAL TO HOLD A SAND SOCCER TOURNAMENT ON JULY 14 & 15, 1994. Memorandum from Community Resources Director Mary Rooney dated June 9, 1994 and a supplemental revised contract deleting any charge for admission to the event, dated June 27, 1994. Community Resources Director Rooney presented the staff report and responded to Council questions. Ms. Rooney said the event organizers had withdrawn their request for paid admission; changed their scheduling to a one-day event on Friday, July 15, 1994 only; and had arranged for satellite parking at Mira Costa High School.She also said that the Chamber of Commerce was planning to request a street fair to coincide with the event. Coming forward to address the Council on this item were: George Roe - Administrative Director for Beach Soccer Company, spoke to the item; said that they were going to erect grandstand seating for 5,000 people to be given on a first come, first seated basis, but they would have reserved seating for guests; and, Fulvio Danilias - Tournament Director, said they had changed to a one day event due to requested television coverage of the final game between the USA and Brazil. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve a request from Beach Soccer Company to hold a sand soccer tournament consisting of four international teams from the USA, Brazil, Italy, and Argentina who will play at 11:00 A.M. and 12:00 P.M. on Friday, July 15, 1994 and to include: 1) permit fees of 3,254 for one tournament day); 2) charges of 200 per day for set up and tear down days; 3) charges for all direct City costs associated with the tournament; and, 4) the terms and conditions listed on the contract. Motion Benz, second Bowler. The motion carried by a unanimous vote. (At 7:35 P.M. the order of the agenda was returned to the public hearings starting with item 4.) 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None Councilmember Bowler noted that a letter had been received commending City employees Melvin Lee and Marcia Hite for their assistance with a parking permit. Councilmember Oakes thanked and commended all of the volunteers who have worked to plant and tend the Greenbelt. Mayor Edgerton commented on the success of the "Street Fair". The meeting recessed at 8:52 P.M. The meeting reconvened at 9:15 P.M. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL Councilmember Benz returned at 9:17 P.M. (a) Vacancies - Board and Commissions Appointment to Planning Commission. One unexpired term ending June 30, 1995. Memorandum from City Clerk Elaine Doerfling dated June 21, 1994. Action: To appoint Pete Tucker to the unexpired term on the Planning Commission ending June 30, 1995. Motion Benz, second Reviczky. The motion carried without objection. The Council thanked all applicants for their time and willingness to serve the City, said all were well qualified and requested that they continue to keep their applications on file for any future consideration. (b) Request for waiver of an automatic vacancy on Planning Commission. Memorandum from Planning Director Michael Schubach dated June 22, 1994. Planning Director Schubach presented the staff report and responded to Council questions. Action: To waive the automatic vacancy on the Planning Commission. Motion Mayor Edgerton, second Bowler. The motion carried by a unanimous vote. 11. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: Parker Herriott - 224 24th Street, Apt. B, requested personal information from Councilmember Bowler. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 28, 1994 at the hour of 9:26 P.M. to an Adjourned Regular Meeting of Thursday, July 7, 1994 at the hour of 7:00 P.M. for the purpose of a Closed Session for the purpose of discussion of: 1) Labor Negotiations - Hermosa Beach Firefighter's Association; 2) Matters of Personnel, pursuant to Government Code Section 54957: Wisniewski, Steve-Settlement Negotiations; 3) Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9(a): Natural Resources Defense Council et al. v. Beverly Hills et al. (Hermosa Beach and Allen v. City of Hermosa Beach, case # YC016526 - Los Angeles Superior Court; and, 5) Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(c): number of potential cases. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on July 12, 1994, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Tom Thompson, Hermosa Beach Police ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent:None ANNOUNCEMENTS - Mayor Edgerton announced the dedication of the memorial for slain Manhattan Beach Police Officer Martin Ganz on Wednesday, July 13, 1994, at the hour of 12:30 P.M. in Live Oak Park, 1901 Valley Drive, Manhattan Beach. RECOGNITION OF EMPLOYEES RECEIVING PROMOTIONS: Personnel Director Robert Blackwood invited Mayor Edgerton and City Manager Burrell to join him in recognizing employees receiving promotions. They were also joined by: PublicWorks Director Amirani in recognizingEllsworth Freeman, 7 year employee, promoted from Maintenance II to Crew Leader; Carlos Herrera, 22 year employee, promoted from Maintenance II to Crew Leader; and, Eric Wilcosky, 14 year employee, promoted from Maintenance I to Maintenance II. Acting Fire Chief Chesson in recognizing Brian Scott, 14 year employee, promoted from Fire Engineer to Captain and James Crawford,8 year employee, promoted from FireFighter /Paramedic to Fire Engineer. (Sheldon Osekowsy, promoted from Fire Fighter to Fire Engineer, was not present.) Police Chief Straser in recognizing Tom Thompson, 16 year employee, from Police Officer to Police Sergeant and Tom Bohlin, from Police Officer to Police Sergeant. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, spoke regarding the money received by the Hermosa Beach Chamber of Commerce through the sponsorship of two annual "Fiesta de las Artes" events as 400 spaces at 600 each for a total of 240,000 per event; said the City should receive more money for allowing the events in the downtown area; and said the sales tax did not come directly to the City but went to Sacramento with only a portion coming back to the City. Councilmember Benz questioned if the "Fiesta" vendors each had to take out a City business license or if they sold under the umbrella of the Chamber of Commerce. He also questioned if out-of-City businesses that rented supplies in Hermosa Beach had to acquire a City business license. Action:It was the consensus of the Council that these questions be brought back with a staff report as a future agenda item. Continuing to come forward to address the Council were: June Williams - 2065 Manhattan Avenue, questioned the Council policy of allowing only the author of a letter shown under Written Communications to speak on that item and said that she thought that this was no longer allowed under the new "Brown Act"; Tom Morley-516 Loma Drive, questioned the disclosure of information from closed sessions; asked what the rules were on this disclosure; asked if an opinion had been given regarding the oil contract and questioned if the lease had expired and if the lease was vested; and, asked for the procedure to follow for a member of the public to obtain this information; Henry Cainey - (no address given), voiced his support for item B(4), a request for a prayer to be said at the beginning of each Council meeting; Vivian Hoffman - (no address given), agreed with the previous speaker in support of item B(4); and, Celeste Cour - (no address given), agreed with the previous two speakers in support of item B(4). (b) WRITTEN COMMUNICATION 1.Letter from Rosamond d'Orlaque Fogg dated June 27, 1994 regarding Environmental Protection Initiative Petition. Councilmember Reviczky declared a conflict of interest on this item. Coming forward to address the Council on this item was: Rosamond d'Orlaque Fogg - agreed that this item could be heard with item 8(a). Action:Mayor Edgerton directed, with the consensus of the Council and the agreement of the author, to continue this item and hear it with agenda item 8(a). 2.Letter from June Williams dated July 5,1994 regarding nomination and election of next Mayor. Coming forward to address the Council on this item was: June Williams - 2065 Manhattan Avenue, spoke to her letter and asked the Council not to choose Councilmember Benz as the next Mayor. Action: There was no action taken on this item. 3.Memorandum from Planning Commission dated July 6, 1994 regarding August meeting schedule. Action: Mayor Edgerton directed, with the consensus ofthe Council, to receive and file the memorandum from the Planning Commission advising the Council that the Commission would hold only the first meeting in August. 4.Letter from Karen Johnson dated June 29, 1994 requesting that a non-denominational prayer be added to the beginning of each council meeting. Coming forward to address the Council on this item was: Karen Johnson - 608 Hollowell Avenue, said she believed in the power of prayer; spoke to her letter citing other communities, the City of Los Angeles and the United States Senate that all open their meetings with a prayer. Action:To place this item on a future agenda for consideration. Motion Reviczky, second Mayor Edgerton.So ordered, noting the dissenting vote of Benz. 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through (j). Motion Bowler, second Reviczky. So ordered. (a)RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on June 16, 1994; 2)Minutes of the Adjourned Regular meeting held on June 28, 1994 at the hour of 6:00 P.M.; and, 3)Minutes of the Regular meeting held on June 28, 1994 at the hour of 7:00 P.M. Action:To approve the minutes of the Adjourned Regular Meetings of June 16 and 28, 1994, and the minutes of the Regular Meeting of June 28, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47714, 47715 and 47716 and Nos. 47718 through 47812 inclusive, noting voided warrants Nos. 47718, 47719, 47757 and 47810. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT RESOLUTION SETTING THE 1994-95 APPROPRIATIONS LIMIT. Memorandum from Finance Director Viki Copeland dated July 5, 1994. Action:To approve the staff recommendation to adopt Resolution No. 94-5696, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1994-95." (e) RECOMMENDATIONTO DENY THE FOLLOWING CLAIMS AND REFER THEMTO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated June 30, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1)Claimant : O'Brien, James F. Date of Loss: 03-11-94 and 03-17-94 Date Filed: 06-31-94 Allegation: Police harassment, assassination of character; violation of civil and human rights. 2)Claimant : Carrillo, Aurora Date of Loss: 05-17-94 Date Filed: 06-01-94 Allegation: Slip and fall due to failure to maintain premises (restroom at end of pier) in a safe condition. (f) RECOMMENDATION TO ADOPT A RESOLUTION APPROVINGTHE"STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION". Memorandum from Public Works Director Amy Amirani dated June 22, 1994. Action:To approve the staff recommendation to adopt Resolution No. 94-5687, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING 'STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION' FOR USE BY, AND FOR THE CITY OF HERMOSA BEACH.", and to repeal any previous editions of these specifications. (g) Recommendation to approve the writing of a letter over the Mayor's signature endorsing the City Services for Children and Families Program.Memorandum from City Manager Stephen Burrell dated July 7, 1994 Action: To approve the staff recommendation to approve a letter over the Mayor's signature endorsing the program, whichrequiresnofunding fromtheCitywith participation limited to staff time only. (h) Recommendation to adopt resolution of intent to initiate the formation of the Utility Underground District 94-1. Memorandum from Public Works Director Amy Amirani dated July 7, 1994. Action:To approve the staff recommendation to adopt Resolution of Intent No. 94-5698, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,DECLARINGITSINTENTIONTOINITIATE PROCEEDINGS TO DESIGNATE UNDERGROUND UTILITY DISTRICT 941 AND THE SETTING OF THE DATES FOR PUBLIC MEETING AND PUBLIC HEARING THEREON." (i) Recommendation to accept the Clark Building Seismic Retrofit Report as complete and direct staff to return with funding alternatives for the project. Memorandum from Public Works Director Amy Amirani dated July 6, 1994. Action: To approve the staff recommendation to: 1)accept the Clark Building Seismic Retrofit Report as prepared by Barelli and Associates, Inc. as complete; and, 2)direct staff to explore funding alternatives for the project and return to City Council with options. (j) Recommendation for award of contract for the Biltmore Park Sanitary Sewer Rehabilitation Project.Memorandum from Public Works Director Amy Amirani dated July 7, 1994. Action: To approve the staff recommendation to: 1)award the contract for the Biltmore Park SanitarySewer Rehabilitation project CIP 92-408 Target Area 1 to ANM Construction in the amount of 29,105; 2) authorize the Mayor to execute and the City Clerk to attest the construction contract subject to the approval by the City Attorney; 3) direct the City Clerk to reject all other bids and release the bonds; and authorize the Director of Public Works to accept the project as complete on behalf of the City Council, upon completion of work; and, 4)authorize the Director of Public Works to make minor changes as necessary within budget. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1112 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS DATED APRIL 5, 1994, PREPARED PURSUANT TO RESOLUTION NO. 94-5661 AND APPROVED PURSUANT TO RESOLUTION NO. 94-5672 OF SAID COUNCIL, THE MAP AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING CERTAIN CROSSING GUARD MAINTENANCE SERVICES TO BE FURNISHED AND MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1994." For adoption. Memorandum from City Clerk Elaine Doerfling dated June 20, 1994. Action: To adopt Ordinance No. 94-1112 . Motion Reviczky, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE. Memorandum and Ordinance for introduction from Public Works Director Amy Amirani dated July 7, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. She said the annual inspection could be done by the Fire Department along with its other inspections. City Manager Burrell also responded to Council questions. City Attorney Vose responded to Council questions and said that some businesses to which this might apply would be auto shops, carwashes and restaurants. Mr. Vose said the title and document would have to be modified in order to assign it to a section of the Municipal Code. The hearing was opened at 8:06 P.M. As no one came forward to address the Council on this item, the hearing was closed at 8:06 P.M. Action:To introduce Ordinance No. 94-1113, and to include the modifications required to assign it to a section in the Municipal Code. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1113, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 28.5 TO THE MUNICIPAL CODE, ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS." Motion Bowler, second Oakes. AYES: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton NOES: None City Attorney Vose suggested that the following item No. 5 be heard after item 8(a) to allow Councilmember Reviczky to return and participate. Mayor Edgerton, with the consensus of the Council directed the agenda be suspended to go to item 6. Councilmember Reviczky declared a conflict of interest and left the dais and the chamber at 8:12 P.M. . Mr. Reviczky returned to the Chamber after the meeting recess at 9:46 P.M. 5.OIL PROJECT - COASTAL COMMISSION APPLICATION. Memorandum from City Manager Stephen Burrell dated July 7, 1994. (This item was heard after item 8(a) but is shown in order for clarity.) City Manager Burrell presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item were: Don Macpherson - Macpherson Oil, said this was a City sponsored project on City land; gave background on the contract; said the Coastal Commission had suggested co-application; said he would address any problem of City liability; Rosamond Fogg - 610 Sixth Street, said she did not believe that the City as the applicant would speed the application; said if the City was the sole applicant it would relieve Macpherson from the responsibility of compliance; said it was not a condition of the lease that the City be an applicant or co-applicant; and, urged the staff recommendation be accepted; Tom Morley- 516 Loma Drive, questionedwhat significance 20,000 would mean in view of the promised millions of dollars from oil recovery; said if the City were the applicant it would be less of a landlord and Macpherson would be more of a sub-contractor; and, Larry Kole -501 Herondo, said the City was not equippedtomanage the projectas the applicant; said the City could not assign its responsibility to Macpherson and would increase its liability; and, said if the City were the co-applicant it should have the rightof indemnity. Proposed Action: To continue this item to the Regular Meeting of August 9, 1994 with staff returning with a draft side-agreement to the lease. Motion Mayor Edgerton, second Benz. The motion failed dueto the dissenting votes of Bowler, Oakes and Reviczky. Action:To approve the staff recommendation to change the present status of the City acting as the applicant before the Coastal Commission in regard to oil drilling to Macpherson Oil as the sole applicant. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Benz. 6.STATUS OF OIL PROJECT ACTIVITIES. Memorandum from City Manager Stephen Burrell dated July 7, 1994. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Tom Morley - 516 Loma Drive, asked that staff be directed to investigate the proposed assignment of the lease from GLG Energy to Stocker Resources, Inc.beyond financial and operationalability to determineStocker Resources' environmental history, the types of projects it has done and its history of accidents and responses; said the City should do an independent financial study rather than depend on Macpherson's figures; asked that the City investigate and assess its potential liability not just to the citizens of Hermosa Beach, but to adjoining communities as well and to extend its benchmarks and monitor into those communities; June Williams - 2065 Manhattan Avenue, questioned why there was no report regarding vesting; said the City had entered into a contract with Macpherson based on a vote of the people and felt it would be unconstitutional to renege on that contract now; (City Attorney Vose said there will be information on that question in the near future.) and, George Sacks - 225 Valley Drive, spoke regarding the proposed water injection to prevent subsidence and the possible danger that could present in the case of a major earthquake, if it caused liquefaction as some believe was the case at King Harbor. Action: To approve the staff recommendation to: 1) approve an appropriation in the amount of 17,250from Prospective Expenditures to cover the cost of the City's share of the Environmental Assessment of the City Maintenance Yard; and, 2)receive and file the report, noting Council concerns regarding the payment for the consultants for the subsidence plan and the placement of the benchmarks. Motion Bowler, second Benz. The motion carried, noting the absence of Reviczky. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.Certification of results of signature verificationof an initiative petition to delete paragraphs (a) and (b) of municipal code section 21-10 relating to two oil well drilling exceptions at the city yard and former south school playground sites. Memorandum from City Clerk Elaine Doerfling dated July 5, 1994. This item was heard with item B(1), letter from Rosamond d'Orlaque Fogg. Coming forward to address the Council on these items were: Don Macpherson - oil contract holder,gavea background on the item; said Macpherson Oil had spent 2.5 million dollars on the project, had a valid contract, and had a vested interest; said it was not in the best interests of the City or the people to move the election from the regular Municipal election of November, 1995 to the November 8, 1994 statewide election; Rosamond Fogg - 610 Sixth Street, spoke to her letter; said the initiative petition had been circulated and returned with 1,628valid signatures in only five weeks (initiatives are allowed 180 days for signature collection); said that 80 percent of the people approached had signed the petition, and even those that did not know how they would vote on the issue had signed to allow the people to vote on the initiative; and, said if the issue was not placed on the November 8, 1994 ballot, it could be recirculated and 15 percent of the voters' signatures collected which would force a much more expensive special election on the City; Michele Nelson - with the law firm of Hruska and Lesser, representing "Body Glove" and "Dive and Surf", said her clients were opposed to oil drilling and asked that the initiative be placed on the November 8, 1994 ballot for a vote of the people; Tom Morley - 516 Loma Drive, said it had been ten years since the last vote and the City had changed; asked that the people be given the right to express their view by having the initiative on the November 8, 1994 ballot; Scot Alden - 646 Sixth Street, a circulator of the anti-oil initiative, urged it be placed on the November 8, 1994 ballot; June Williams - 2065 Manhattan Avenue, said the City has signed a contract and 2.5 million dollars has been spent based on the 1984 vote; felt that legal questions should be resolved before a decision is made; Ken Conklin - 501 Fourth Street, urged the Council to set the initiative for the November 8, 1994 ballot for a vote of the people, as the demographics of the City have changed since the last ballot in 1984; Chris Smith - 311 28th Street, said there were many unresolved questionsofcontractual law involved; the City could be liable if it walked away from a legal contract; said residential and oil production have coexisted for years in many cities; Shirley Cassell - Hermosa Beach, said the City should put this to rest and questioned why the initiative circulators did not do this years ago before so much money and time had been invested in the project; George Sacks - 225 Valley Drive, said the vote in 1984 was to allow oil drilling only and not for a specific project; said the vote in 1986 was to allocate where any money from the drilling would go; questioned if there had been any accounting of the 2.5 million claimed to have been spent by Macpherson; said a 35 well development and the accompanying oil rigs would scare any potential business away from Hermosa Beach; Laurie Burch - Eighth Street, questioned the costs involved;asked the costtoplacethe initiative on the November 8, 1994 ballot (told it would be 12,000); asked the Council to put this aside until it had more information; Larry Kole - 501 Herondo Avenue, a circulator of the anti-oil initiative, urged it be placed on the November 8, 1994 ballot; Mike Stoner - 545 25th Street, reported ona newspaper article telling of five children killed in an oil fire; said he did not want 35 oil wells on the site and felt the developer was misrepresenting the facts and figures; said the people did not vote for the Macpherson oil project but merely to allow drilling; Debbie Lou - Bonnie Brae, requested that the vote be in 1994; and, Harry Smith - 423 Second Street, said he had voted in favor of oil drilling in 1984 but felt he had been misled; requested the initiative be placed on the November 8, 1994 ballot. Action:To refer the matter, pursuant to Election Code 4009.5, for a report regarding legal considerations to come back within 30 days, and defer action on the petition until that report is presented; and also, to directtheCityClerk toprepareforCouncil consideration at the meeting of August 9, 1994, the appropriate Resolutions calling a special election, to be consolidated with the November 8, 1994 statewide general election,for submittal of the proposed Ordinance, without alteration, to a vote of the people. MotionBowler, second Mayor Edgerton.Themotion carried, noting the absence of Reviczky. The meeting recessed at 9:20 P.M. The meeting reconvened at 9:46 and returned the order of the agenda to item 5. 9.OTHER MATTERS - CITY COUNCIL Request from Councilmembers for possible future agenda items: (a) Request by Council member Bowler for discussion of proposed County Tipplers Tax.Memorandumfrom County of Los Angeles Chief Administrative Officer, Sally Reed, dated May 27, 1994. Councilmember Bowler discussed his request, saying he felt it unfair to tax our businesses and their patrons when none of the money generated would be returned to the City. Action:To send a tactfully worded letter in opposition to the request. Motion Bowler, second Benz. So ordered. CITIZEN COMMENTS - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 12, 1994 at the hour of 10:31 P.M. to a closed session for the purpose of discussion of continued item regarding Existing Litigation, pursuant to Government Code Section 54956.9(a):Natural Resources Defense Council et al. v. Beverly Hills et al. (Hermosa Beach). The closed session adjourned at 10:36 P.M., with no public announcements, to the Regular Meeting of Tuesday, July 26, 1994 at the hour of 7:00 P.M. ___________________________ Deputy City Clerk ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on July 26, 1994, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - J.R. Reviczky, Councilmember ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tem Benz Absent: Mayor Edgerton PRESENTATION OF PLAQUE OF APPRECIATION TO RESIGNING PLANNING COMMISSIONER STEVEN SUARD - Mayor Pro Tem Benz presented a plague of appreciation to departing Planning Commissioner Steven Suard who thanked everyone particularly his fellow Planning Commissioners and the Planning Department staff and saidherespected what the City istryingto do. Councilmember Oakes (a former Planning Commissioner) expressed her appreciation of the job Mr. Suard had done. PRESENTATION TO THE VETERANS MEMORIAL COMMITTEE - Community Resources Director Mary Rooney invited Mayor Pro Tem Benz and Councilmember Reviczky to join her in introducing Veterans Memorial Committee Chairperson, Ken Marks. Mr. Marks said he was pleased to give out certificates of appreciation to those people who had worked so hard to bring the Hermosa Beach Veterans Memorial to completion. Certificates were then given to: R. Buzz Rozzi, Steve A. Crecy, Michael Flaherty, Joyce Flood, Judy Garland, Terry Honeycutt, Ken Marks,Nick Nickelson, J.R. Reviczky, Mary C. Rooney, Pete Tucker, and Dallas Yost. Not present to receive certificates were: Jim Antonius, William Buchanan, Thomas Moody, Al Norris, Dennis O'Dell, and Terri Slaven. Special recognition was given to Vietnam Veterans of America: Chapter 53, which was named the outstanding Chapter of the year. The meeting recessed at 7:28 P.M. to allow the citizens in attendance to view the newly installed Veterans Memorial plaque. The meeting reconvened at 7:39 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS - None (b) WRITTEN COMMUNICATION - None At 7:40 P.M. the order of the agenda was suspended to go to the public hearing at item 4. 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Mayor Pro Tem Benz and (g) Reviczky. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on July 7, 1994; and, 2)Minutes of the Regular meeting held on July 12, 1994 Action:To approve the minutes of the Adjourned Regular Meeting of July 7, 1994 as presented and the minutes of the Regular Meeting of July 12, 1994 as presented. (Mayor Edgerton absent) (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. inclusive, noting voided warrants Nos. 47829 through 47932 inclusive, noting voided warrants Nos. 47829, 47830, 47853 and 47878. Action: To ratify the demands and warrants as presented. (Mayor Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE ANDJUNE1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. This item was removed from the consent calendar by Mayor Pro Tem Benz for separate discussion later in the meeting dueto questions regarding revenue and expenditure figures. City Manager Burrell responded to Council questions. Finance Director Viki Copeland also responded to Council questions. Action:To receive and file the June, 1994 financial reports as presented. Motion Mayor Pro Tem Benz, second Oakes.The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated July 18, 1994. Action:To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk/Typist and Administrative Aide in the Community Development Department, pending final determination regarding the structure of the Department. (Mayor Edgerton absent) (f) RECOMMENDATION TO APPROVE ATTENDANCE OF ADOWNTOWN ENHANCEMENT COMMISSIONER TO THE LEAGUE OF CALIFORNIA CITIES DOWNTOWN CONFERENCE. Memorandum from City Manager Stephen Burrell dated July 20, 1994 Action:To approve the staff recommendation to approve the attendance of a Downtown Business Area Enhancement DistrictAdvisory Commissioner totheLeagueof CaliforniaCitiesDowntownConference,withthe understanding that in the future the attendance of Commissioners will be submitted to the City Council on an annual basis. (Mayor Edgerton absent) (g) RECOMMENDATION FOR AWARD OF BID FOR THE CITY OF HERMOSA BEACH "CLEAN OCEAN CITY" BANNERS. Memorandum from Public WorksDirector Amy Amirani dated July19,1994. Supplemental memorandum from Public Works dated July 26, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to concerns that the staff report did not give the name of the company to receive the bid award. PublicWorks Director Amirani responded to Council questions saying that the bid opening was not held until Monday, July 25, 1994 and therefore could not be in the staff report but was contained in the supplemental memorandum given to Council at the meeting. Action: To approve the staff recommendation to: 1)approve award of bid to AAA Flag and Banner for the City of Hermosa Beach "Clean Ocean City" banners at a total amount of 6,982.13 (60 banners at a cost of 116.37 each, including pole and mounting); 2)direct the City Clerk to reject all other bids and authorize the Director of Public Works to accept the project as complete on behalf of the City Council upon completion of work; and, 3)authorize the Director of Public Works to make minor changes as necessary within 15 percent of approved contract, and, with the direction to staff to research the legality of private advertisements on public property if sponsors are sought for additional banners. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1113 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 28.5 TO THE MUNICIPAL CODE, ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 18, 1994. Action:To continue this item, at the request of the City Manager, to the Regular Meeting of August 9, 1994 due to new information that had just been received by staff relating to this matter. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d) and (g) were heard at this time but are shown in order for clarity. Publiccomments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 8:35 P.M. The meeting reconvened at 8:49 P.M. PUBLIC HEARINGS 4.REVIEW DRAFT UNREINFORCED MASONRY BUILDING ORDINANCE TO MANDATE SEISMIC STRENGTHENING OF UNREINFORCED BEARING WALL BUILDINGS AND DEVELOP A MITIGATION PLAN, with an Ordinance for introduction and waiver of full reading. Memorandum from Community Development Director Sol Blumenfeld dated July 21, 1994. Mayor Pro Tem Benz introduced Sol Blumenfeld, newly appointed Director of the new Community Development Department, which was created by the merger of the former Planning Department and Building and Safety Department. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Mr. Blumenfeld then introduced Mel Green, of Mel Green and Associates, who presented slides showing the type of damagethat could occur with unreinforcedmasonry buildings and explained the State mandated procedure for the City.Mr. Green responded to questions from the Council and said that in the last few earthquakes all building related deaths were caused by unreinforced masonry buildings. He also said that Hermosa Beach has complied with most of the State requirements. The public hearing opened at 8:02 P.M.Coming forward to address the Council on this item was: Perry Arnold - owner of property located at 1220 Hermosa Avenue, said his building, built in the 1920s, was on the list of unreinforced masonry buildings but questioned why he should be forced to spend between 40,000 and 60,000 to retrofit the property as he was not convinced that it was necessary; said that the property had withstood many earthquakes in the past without damage; said that he might decide to demolish the building rather than put that much money into it and questioned the economic impact to the City if many others reached the same decision. The public hearing closed at 8:05 P.M. Action:To introduce Ordinance No. 94-1114, with the understanding that all typos would be corrected. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. Final Action: To waive further reading of Ordinance No. 94-1114, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADD THE MUNICIPAL CODE ORDINANCE TEXT, SECTION 7-1.1, PERTAINING TO SEISMIC STRENGTHENING FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS." Motion Reviczky, second Bowler. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tem Benz NOES: None ABSENT:Mayor Edgerton MUNICIPAL MATTERS 5.CONSTITUTIONALITY OF OPENING PRAYER AT CITY COUNCIL MEETINGS. Memorandum from City Attorney Charles Vose dated July 20, 1994. Supplemental letters in support from Ralph and Christine Edgerton, 117 Prospect Avenue, and from Mary F., John S. and Angie S. Deriberprey, (no address given), received July 25, 1994. Action:Mayor Pro Tem Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of September 13, 1994 in order to have it heard by a full Council. (Mayor Edgerton absent) At 8:20 P.M. the order of the agenda was returned to item 1. 6.BILTMORE PARK CONSTRUCTION PLANS. Memorandum from Public WorksDirector Amy Amirani dated July18,1994. Supplemental letter from Parker Herriott dated July 26, 1994. Public Works Director Amirani presented the staff report and responded to Council questions, saying it would be November before actual work on the park design could begin as undergrounding and sewer work would have to be done first. Ms. Amirani then introduced Larry Moss, of Lawrence Moss Associates, who presented the park plan for the Biltmore Park and responded to Council questions. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, read his supplemental letter; objected to this item being on the agenda without going to the Parks, Recreation and Community Resources Advisory Commission for a public hearing first; objected to the proposed sand area near the Strand; objected to "nooks and crannies"; objected to retaining wall for seating and berms; objected to the width of the walkways, said they should be only 2 to 3 feet wide; and, wanted a flagpole; Dallas Yost - Hermosa Beach, suggested the Council put the disposition of this property back on the ballot in order to do something more financially beneficial for the City; Action:To direct staff to draft two ballot measures regarding the Biltmore site, for the November 8, 1994 election, one ballot measure would be the conceptual design for the 100 percent open space park, the other ballot measure would be a proposal for 60 percent commercial and 40 percent open space park. Motion Mayor Pro Tem Benz, second Bowler.The motion carried, noting the dissenting vote of Reviczky and the absence of Mayor Edgerton. Continuing to come forward to address the Council on this item were: Parker Herriott - 224 24th Street, questioned the legality of the Council placing this issue back on the ballot (Assistant City Attorney Edward Lee said the Council was not voting to put the item on the ballot tonight but was directing staff to return with an agenda item for the next meeting for a Council decision); Susan Miller - 2020 Monterey Boulevard, said this item had been on the ballot before and the vote of the people had been heard; Celeste Cour - Hermosa Beach, said she was very angry at the idea of placing this back on the ballot for another vote; said people had put in time to make this a park and the Council should not ask for another vote; and, John Hales - 624 Eighth Place, said he had not voted in favor of the Biltmore site as a park, but felttheCouncil should prioritize its resourcesand complete South Parkbefore starting on the Biltmore Park. Final Action:To receive and file the item with the direction to staff to modify the design regarding: 1) eliminate the sand area near the Strand; 2) make the paths narrower; 3) consider removing the retaining walls for the berns (high cost item); 3) coordinate lighting and design with the downtown area; 4) consider how the lighting would affect the neighboring residential areas; and, 5) add additional signage and perhaps a partial blockageof a portion of 15th Street to discourage entrance by non-residents as there is no turning radius. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) LOSANGELES COUNTY LIBRARY SYSTEMFINANCING. Memorandum from City Manager Stephen Burrell dated July 21, 1994. City Manager Burrell presented the staff report and respondedto Council questions; said Hermosapays approximately 305,000 per year in property tax to the County for Library services. Coming forward to address the Council on this item were: Jean Alexander-Los Angeles CountyLibrary, responded to Council questions; said the County Library system was asking the cities that were part of the system to approve a Mello-Roos Community Facilities District, at an estimated chargeof30 per year perresidential property, to make up the 30,000,000 taken by the State from the County Library District in a transfer to the schools; said the anticipated revenue from Hermosa Beach was 265,000 to 300,000 per year and if Hermosa only approved the district the Hermosa Library would be allocated 36 hours per four day week, if all citiesapproved the district theHermosa Library would be allocated 40 hours per five day week, and if none of the cities approved the district the Hermosa Library would be allocated 21 hours per three day week; said the County collected more from Hermosa than it spent here for Library services; Cathy McCurdy - 1113 Valley Drive, School Board Member, explained that the schools did not receive more money, but part of the same amount they now received came from Special Districts such as the Library District; Susan Miller - 2020 Monterey Boulevard, said she would give 30 per year to have the Library open; and, Tim Ferguson - 1181 Cypress Avenue, Library sub committee member, said he was taken aback by some of the last minute information supplied by the County as the numbers were quite a bit higher than any that had been given before; questioned why this information had not been given earlier. Action:To receive and file the report and to direct staff to continue with the course recommended by the Library sub-committee to leave the County Library system. Motion Bowler, second Oakes. So ordered, noting the absence of Mayor Edgerton. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 15. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: June Williams - 2065 Manhattan Avenue, felt the agenda notice for item 5, regarding a prayer at thestart of Council meetings,was not sufficient notice if action were to be taken on the item; and, suggested that many of the currentCouncilmembers' concerns hadbeen discussed in the "Blue Ribbon Committee" report regarding the Biltmore site; Parker Herriott - 224 24th Street, said the election of 1992 was a fair election as it had only one ballot measure regarding disposition of the Biltmore site and therefore did not confuse the voters; said he would file a writ of mandate to prevent the Council from placing a Biltmore measure on the upcoming November 8,1994 ballot; said public money had already been spent on the Biltmore park; and, Jim Lissner - 2715 El Oeste Drive, said he had voted against the park but was distressed to hear the Council consider placing a Biltmore ballot measure on the November election and felt it should be left alone; and, asked that the Council support a measure to require a 1,000 foot minimum altitude for helicopters other than Police and emergency rescue. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 26, 1994 at the hour of 10:37 P.M. to the Regular Meeting of Tuesday, August 9, 1994 at the hour of 5:30 P.M. for the purpose of a closed session for the purpose of discussion of Conference withLabor Negotiator, Stephen Burrell , with employee organization, Hermosa Beach Firefighters Association; Matters of Personnel, pursuant to Government Code Section 54957: Wisniewski; matters of Litigation, pursuant to Government Code Section 54956.9(a): Natural Resources Defense Council et al. v. Beverly Hills et al. (City of Hermosa Beach), and Allen v. City of Hermosa Beach, case number YC016526 - Los Angeles SuperiorCourt; and, conference with LegalCounsel Anticipated litigation: Significant Exposure to Litigation, pursuant to Government Code Section 54956.9(c): one potential case. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on August 9, 1994, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Gary Frost, Jr., Beach Reporter ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None Departing Mayor Edgerton said that he was happy to have had the opportunity to serve as Mayor of Hermosa Beach and thanked everyone. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from City Clerk Elaine Doerfling dated July 25, 1994. A.Designate Mayor for a term ending June 13, 1995. Action: To appoint Mayor Pro Tempore Benz as Mayor for a term ending June 13, 1995. Motion Reviczky, second Bowler. So ordered. B.Designate Mayor Pro Tempore for a term ending June 13, 1995. Action:To appoint Councilmember Bowler as Mayor Pro Tempore for a term ending June 13, 1995. Motion Mayor Benz, second Reviczky. Newly appointed Mayor Benz presented a plaque of appreciation to departing Mayor Edgerton and said the Council owed a debt of gratitude to Mr. Edgerton for his service. Mayor Benz gave thanks to all and said he hoped that he could serve the City well, with everything done with respect and dignity.He continued by saying that he had nothing but optimism regarding the future of the City and felt it was on a new path toward prosperity and changes for the better. C.Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To approve the staff recommendation to: 1)appoint Mayor Benz to the Los Angeles County-City Selection Committee; 2)appoint Mayor Benz to the South Bay Cities Sanitation District Board of Directors; and, 3)appoint Mayor Benz as delegate to the Inglewood Fire Training Authority. Motion Bowler, second Edgerton. So ordered. Further Action:Mayor Benz directed, with the consensus of the Council, that Mayor Pro Tem Bowler be appointed as alternate to the South Bay Cities Sanitation District Board of Directors and the Inglewood Fire Training Authority. Final Action:To approve the remaining list of Council appointments of delegates and alternates to various committees with the following changes: 1)Sister City Association - Reviczky as delegate, Mayor Benz as alternate; 2)South Bay Cities Association - Bowler as delegate,Reviczky as alternate; 3)West Basin Water Association - Reviczky as delegate; 4)to delete the Data Processing Sub-Committee, the P.C.H. Parking Lot Sub-Committee, and the Liability Attorney Review Sub-Committee; and, 5)to add the Library Sub-Committee with Bowler and Edgertonas members and Oakes as an alternate. Motion Bowler, second Oakes. The motion carried by a unanimous vote. The meeting recessed at 7:20 P.M. The meeting reconvened at 7:36 P.M. City Attorney Vose reported that an emergency matter had arisen subsequent to the posting of the agenda and that under Government Code Section 54954.2 a two-thirds affirmative vote of the Council was required to hear the item. City Manager Burrell explained that the switching device for the City Hall phone system had blown over the week-end and the system was now operating at 80 percent capacity through an emergency loan switch from GTE, and that a report had been prepared, to hear under item 13(a), regarding the purchase of a replacement phone system. Action:To hear the emergency item regarding phone system replacement under item 13(a). Motion Bowler, second Oakes.The motion carried bya unanimous vote. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Bill Bastian- "End Zone" owner, Pier Avenue, requested that the Council implement the R/UDAT ideas; felt it would great for both the City and downtown; John Hales - 624 8th Place, requested that the Council give direction to parking enforcement to more vigorously enforce state laws; spoke of a large truck parked on his street for several weeks, taking two parking places, that had expired license tags but was not cited as "it was not cost efficient"; said Manhattan Beach cites within two months of expiration and Redondo Beach cites immediately. Paul Casiobo - said he wanted to open a new business in the City at 1200 Pacific Coast Highway; requested that the Council amend the Zoning Code for C-3 zones to allow a tattoo shop; said tattooing was now a safe, upscale, clean, professional business. Action:To direct that the Planning Commission review the Zoning Code and consider an amendment to allow a tattoo shop in the C-3 zone. Motion Bowler, second Oakes. So ordered. Continuing to come forward to address the Council were: Lex Honiak - representing "Hennesseys", spoke in favor of the Street Fair; Juan (last name not given) - "High Five" owner, spoke in favor of the Downtown Promenade; Kirk Oshiro - 934 Hermosa Avenue, said he approved of the Chamber of Commerce Street Fair; and, (name indistinct) - 934 & 901 Hermosa Avenue, said she approved of the Street Fair. Action: Mayor Benz directed, with the consensus of the Council that the City Manager report back on the issue raised by John Hales regarding expired license tags and parking enforcement. (b) WRITTEN COMMUNICATION 1)Letter from James Lissner dated July 20, 1994 regarding helicopter altitude minimums. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, spoke to his letter and explained that the minimum height for fixed wing aircraft was 1,000 feet over populated areas, but there was no minimum for helicopters and asked the Council to support the appeal to the FAA by the Encino homeowners. Action: To receive and file with the direction to staff to keep the Council apprised of the FAA action on this matter. Motion Edgerton, second Bowler. So ordered. 1.CONSENT CALENDAR Action:To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Oakes, (d) Oakes, and (h) Reviczky. Motion Bowler, second Edgerton. So ordered. No one came forward to address the Council on items not removed from the consent calendar. At 7:54 P.M. the order of the agenda was suspended to go to the public hearing starting with item 4. a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on held on July 26, 1994. Action: To approve the minutes of the Regular Meeting of July 26, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47963 through 48002 inclusive, noting voided warrants Nos. 47963 and 47964. Action: To ratify the demands and warrants as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to a concern that the meeting of September 13, 1994 was so heavy that the Council might consider reinstating the August 23, 1994 meeting. Proposed Action:To reinstate the August 23, 1994 meeting. Motion Reviczky, second Oakes. The motion failed due to the dissenting votes of Bowler, Edgerton and Mayor Benz. Action: To receive and file the tentative future agenda items as presented. Motion Edgerton, second Bowler. So ordered. (d) RECOMMENDATION TO EXTEND THE CITY'SCONTRACT WITH MULTIVISION CABLE FROM THE PREVIOUS EXTENSION THROUGH AUGUST 31, 1994 TO A NEW DATE OF OCTOBER 31, 1994. Memorandum from Assistant City Manager Mary Rooney dated August 1, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to amend the date if the August 23, 1994 meeting had been reinstated. Action:To approve the staff recommendation to extend the City's contract with MultiVision Cable TV from the previous extension through the end of August 31, 1994 to a new date of October 31, 1994 due to the full agenda for the August 9, 1994 meeting and the cancellation of the August 23, 1994 meeting, the original timeline for public hearings could not be met. Motion Oakes, second Edgerton. So ordered. (e) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND HOPE CHAPEL FOR ROOMS 5 AND 6A IN THE COMMUNITY CENTER.Memorandum from Community Resources Director Mary Rooney dated August 1, 1994. Action:To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Hope Chapel and the City for the use of Rooms 5 and 6A in the Community Center at a rate of 832 per month (924 sq.ft. X .90 per sq.ft.) from September 1, 1994 through June 14, 1995, and 859 per month (924 sq.ft. x .93 per sq.ft.) from July 1, 1995 through August 31, 1995 for a total rental income of 10,038; and, 2)authorize the Mayor to sign the lease. (f) RECOMMENDATION TO AUTHORIZE ADDITIONAL APPROPRIATION FOR THE 1993-94 CROSSING GUARD BUDGET.Memorandum from Sergeant John Kearin, Community Services Division, dated August 2, 1994 Action: To approve the staff recommendation to authorize the appropriation of 17,360 for the 1993/94 Crossing Guard budget to cover the cost of the three additional guards needed due to the reopening of the Hermosa View School on Prospect Avenue to Kindergarten and first grade students. (g) RECOMMENDATION TO FOR REAPPROPRIATION OF FUNDS FROM 199394 BUDGET. Memorandum from Finance Director Viki Copeland dated August 2, 1994. Action: To approve the staff recommendation to reappropriate certain unspent amounts included in the 1993-94 budget to the 1994-95 budget. (h) RECOMMENDATIONTOAMENDCONTRACTWITH SPECIALTY MAINTENANCE TO INCLUDE HERMOSA AVENUE BETWEEN 14TH STREET AND 15TH STREET. Memorandum from Public Works Director Amy Amirani dated August 4, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. Action: To approve the amended staff recommendation to: 1)approve an amendment of the Specialty Maintenance Company contract to include sweeping and trash removal on west side of Hermosa Avenue, between 14th Street and 16th Court and (as amended) between 8th Street and 10th Street, on a daily basis, and steam cleaning the sidewalk eight times per year for an additional cost of 250 per month; and, 2)appropriate 3,000 to cover the cost of the contract amendment. Motion Reviczky, second Oakes.The motion carried, noting the abstaining vote of Bowler, due to owning a business within the area. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1114 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADD THE MUNICIPAL CODE ORDINANCE TEXT, SECTION 7-1.1, PERTAINING TO SEISMIC STRENGTHENING FOR UNREINFORCED MASONRY BEARING WALL BUILDINGS. For adoption. Memorandum from City Clerk Elaine Doerfling dated August 4, 1994. Action: To adopt Ordinance No. 94-1114. Motion Bowler, second Oakes. AYES: Bowler, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: Edgerton, (due to not being in attendance for the public hearing at the previous meeting.) 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c), (d), and (h) were heard at this time but are shown in order for clarity. Publiccomments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT REGARDING COMMERCIAL DEVELOPMENT STANDARDS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum and Ordinance forintroduction from Community Development Director Sol Blumenfeld dated July 27, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions.City Attorney Vose also responded to Council questions and said this would take buildings out of the category of nonconforming and allow them to be remodeled. The public hearing opened at 8:05 P.M.Coming forward to address the Council on this item was: Chuck Sheldon - 1800 The Strand, owns a commercial building at 10th Street and Hermosa Avenue on a 40 by 100 foot lot; said this amendment would now allow a remodel of the building to be feasible. The public hearing closed at 8:08 P.M. Action:To approve the Planning Commission and staff recommendation to introduce Ordinance No. 94- 1115, which reduces the required setback to five feet when commercial uses abut residentially zoned property in the C-1 and C-2 zones and adds a statement that existing commercial structures that do not meet this setback requirement are not considered nonconforming buildings. Motion Edgerton, second Oakes.The motion carried, noting the dissenting vote of Reviczky. Final Action: To waive further reading of Ordinance No. 94-1115, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF SECTION 8-5, COMMERCIALDEVELOPMENT STANDARDS TO REDUCESETBACK REQUIREMENTSFORCOMMERCIAL PROJECTSADJACENTTO RESIDENTIAL ZONESAND ADOPTIONOFA NEGATIVE DECLARATION." Motion Bowler, second Edgerton. AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None At 8:19 P.M. the order of the agenda was moved to item 7. HEARNGS 5.TEXT AMENDMENT TO ARTICLE 13 OF THE ZONING ORDINANCE REGARDINGNONCONFORMINGBUILDINGSAND STRUCTURES. (Continued from meetings of 4/12, 4/26 and 5/10/94) Memorandumfrom Community Development DirectorSol Blumenfeld dated July 28, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Vose also responded to Council questions. The hearing opened at 11:35 P.M. As no one came forward to address the Council on this item, the hearing closed at 11:35 P.M. Action: To approve the draft text amendments to Article13, "Nonconforming Buildings and Structures", except for the following concerns: 1)Section 13-0, General Goals - concerns with regard to allowing the expansion of nonconforming uses; 2)Section13-2, B., Expansion/Remodel allowed clarify the phrase "existing nonconforming side yards may be continued": 3)Section 13-4 - change last sentence to read that determinations of less intensive uses shall be made by the Planning Department rather than Planning Commission; 4)Section 13-6 - add that all current building and safety and fire codes must be met; and, 5)Section 13-6 - develop a specific method for determining "value", and refer the item to the Planning Commission. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. MUNICIPAL MATTERS 6.BILTMORE PARK DESIGN.Memorandum from Public Works Director Amy Amirani dated August 1, 1994. Supplemental design alternatives from the Public Works Department were submitted directly to the Council at the meeting. (This item was heard at 9:36 P.M. but is shown in order for clarity.) Public Works Director Amy Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Sheila Donahue Miller 77 17th Street, said theOrdinance did not include hardscape because it had created problems in Santa Monica, and, had benches only; and, Eleanor Parrish - 1431 Monterey Boulevard, said that Santa Monica had allowed for homeless in its oceanfront park, and the people love the oceanfront park in Laguna. Action: To direct that this item be sent to the Parks, Recreation and Community Resources Advisory Commission for review of the Biltmore Park Construction Documents and to approve design alternative number three, deleting seatwalls except along the Strand and deleting lighting, for a new total cost of 54,875 with the item to return to Council no later than September 27, 1994. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. The meeting recessed at 10:00 P.M. The meeting reconvened at 10:20 P.M. and moved the order of the agenda to item 12. 7.DISCUSSION OF POSSIBLE BALLOT MEASURES WITH RESOLUTIONSFORADOPTION CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR A SPECIAL MUNICIPAL ELECTION, NOVEMBER 8, 1994 FOR MEASURES PERTAINING TO OIL DRILLING AND THE BILTMORE SITE AND THE POSSIBLE ADDITION OF OTHER ADVISORY MEASURES AS MAY BE DIRECTED BY THE CITY COUNCIL. Memorandum from City Clerk Elaine Doerfling dated August 3, 1994. Councilmember Reviczky declared a conflict of interest and left the dais and the chamber at 8:19 P.M. a)INITIATIVE MEASURE SUBMITTED BY PETITION PROHIBITING OIL DRILLING.Supplemental memorandum from City Manager Stephen Burrell dated July 28, 1994. (This item was heard at 8:22 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Rosamond Fogg - 610 Sixth Street, asked that the Council allow the people to vote on this issue in a timely manner; said the Macpherson oil project was in trouble and drilling may not happen; said the project was invalid due to its size; said 15 percent of the City is at risk due to subsidence and 10 percent of the City at risk due to fire or blowout; Tom Morley - 516 Loma Drive, said the figures given by Macpherson had not been analyzed by an independent source; said the City was at risk; said the Council should be consistent and allow the people to decide on oil drilling at the statewide election just as the Council wanted the people to decide again on the Biltmore site; SheilaDonahue Miller - 77 17th Street, said Macpherson did have a contract with the City to drill for oil and neither the legislature nor the people had the right to abrogate a legal contract; and, Scott Alden - 646 Sixth Street, questioned the Council consideration to allow a vote on the Biltmoresitebut not on oil drilling; questioned if the people understood the issues regarding oil drilling any clearer than they understood issues regarding the Biltmore site. ProposedAction: To place the initiative petition regarding a ban on oil drilling on the next Regular Municipal Election of November 7, 1995. Motion Bowler, second Mayor Benz. The motion failed due to the dissenting votes of Edgerton and Oakes and the abstention of Reviczky. Proposed Action:To call a special election, to be consolidated with the November 8, 1994 statewide general election, in order to place the initiative petition regarding a ban on oil drilling on the ballot. Motion Oakes, second Edgerton. The motion failed due to the dissenting votes of Bowler and Mayor Benz and the abstention of Reviczky. City Attorney Vose announced that due to the lack of a Council action on this issue, due to tie votes, the issue became ministerial and the City Clerk had no option except to follow the mandate of the Election Code and placethe initiative petition on the next Regular Municipal Election of November 7, 1995. Councilmember Reviczky returned to the dais at 8:46 P.M. b)COUNCIL INITIATIVE MEASURE: 60% COMMERCIAL / 40%OPEN SPACE FOR BILTMORE SITE. Supplemental list: Potential Projects: Proceeds from sale/lease of Biltmore Site. Supplemental letters from Gordon B. Evans,Edie Webber, HowardLongacre,Parker Herriott, Eloise Butler, Chris Howell, and Patricia Fuehring. City Manager Burrell presented the staff report. Coming forward to address the Council on this item were: Sheila Donahue Miller - 77 17th Street, saidthe Biltmore site had been dedicated as a park through zoning it as a park and that could not change through a vote of the legislature or the people; said there was a very involved process that included abandonment and offering the property to other governmental agencies; Gary Pollard - no address given, objected to the proposed ballot question regarding rezoning the Biltmore site; said he would file a writ of mandate if the Council attempted to place this on the ballot; Cathy McCurdy - 1311 Valley Drive, asked the Council to dedicate any funds that might be derived from the sale or lease of a portion of the Biltmore site if a ballot question were to rezone it into special categories and not into the general fund; Willis Dobbins - 644 24th Place, questioned why those people who oppose a park on the Biltmore site should accept the 1992 vote when those in favor of a park did not accept previous votes for other zoning; commended the Council for putting this back on the ballot; John Landon - 306 Monterey Boulevard, spoke in favor of a park; asked the Council to follow the will of the people by the 1992 vote; Gene Parrish - 1431 Monterey Boulevard, said this was a contract with the people for a park on the site just as the City had entered into a contractwithMacpherson regarding oil drilling; Jim Rosenberger - 1121 Bayview Drive, said the Council needed hindsight and spoke of actions 21 years ago regarding redevelopment and the fact that the people did not understand the issues and had felt that the Council, at that time, was trying to shove something down its throat; urged the Council to take its time and explain to the people what the issues were; Eleanor Parrish - 1431 Monterey Boulevard, spoke in support of the Biltmore park and questioned who had voted for the South School park and why that should be completed before the Biltmore park; Wilfred Shaw - 49 20th Street, said he was not in favor of a park so close to the beach; said the City was subsidizing some property owners' views with the open space; but, thought this was the wrong time to try to sell the property; Susan Blaco - 1163 Seventh Street, questioned why some people thought this vote in favor of a park was more sacred than the number of votes that had not been in favor of a park on the Biltmore site; said some of the supporters of a park in 1992 had asked people to vote "yes" in order to change the residential zoning on the site; Bunny Seawright - 2806 The Strand, questioned the need for a park on the Biltmore site as the beach is our park; said a park would not bring in revenue which the City needed; Debbie Lou - no address given, said more information needs to be given to the people such as what type of development was proposed; if the developmentwould work withtheR/UDAT recommendations; and how any funds derived might be used; Roger Carlson - 49 15th Street, said if it would take two more years at least the Council might direct that some grass seed be thrown on the vacant land; Sherman Phinny - 3411 Hermosa Avenue, questioned where the money would come from to maintain a park if it were built; said he would rather see something that would bring revenue into the City rather than using it up; Marlon Biggs - 1928 The Strand, questioned who would use a park at that location as most people would rather be on the sand; felt the City should not spend any money on the site but just leave it until it could be sold or leased; Eleanor Phinny - 3411 Hermosa Avenue, said she would like to see the issue on the ballot and information given to the people for their vote; and, Michael Stifano - 1704 Loma Drive, said he wanted the issue on the ballot with the funds to be dedicated to the Library; said the City needed a Library more than it needed a park by the beach. Proposed Action:To place the measure to rezone the Biltmore site as 60 percent commercial and 40 percent open space on the November 8, 1994 ballot with any funds received from a possible sale or lease of the 60 percent of the Biltmore site, if approved by the voters, earmarked for: Library purchase and funding, South School site Park completion project, Valley Park restoration project, and the Pier renovation project in that order. Motion Bowler, second Mayor Benz. The motion failed due to the dissenting votes of Edgerton, Oakes and Reviczky. Action: There was no further action taken on this item. c)ADVISORY MEASURE: BILTMORE PARK DESIGN. Action: There was no action taken on this item. At 9:37 P.M. the order of the agenda was moved to item 6. 8.RECOMMENDATION TO APPROVE INSTALLATION OF CROSSWALKS ATINTERSECTION OF GOULD AVENUE & MORNINGSIDE DRIVE AND DENY INSTALLATION OF A CROSSWALK AT THE INTERSECTION OF 28TH STREET & MANHATTAN AVENUE. Memorandum from Public Works Director Amy Amirani dated August 2, 1994. Action: Mayor Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of September 13, 1994. 9.INITIATEPROCEEDINGS TO FORM CALIFORNIA UNDERGROUNDUTILITIES DISTRICT 94-1. Memorandum and Resolution for adoption from Public Works Director Amy Amirani dated August 2, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Debbie Lou - no address given, concerned regarding the safety of a transformer; suggested that the Council receive input from citizens regarding their interests in undergrounding; Jim Lissner- 2715 El Oeste Drive, spoke in opposition to the selection of the underground areas along residential Beach Drive as there were other areas that needed pole removal for public safety; suggested the Strand north of 24th Street, Monterey near 20th Street, Second Street east of PCH, and 14th Street east of PCH; suggested that the Council see if any of the residents of other areas would be willing to match funds in order to underground more areas; Bob Jensen-representing Southern California Edison, said that although there was no time limit on projects the process will soon come underthe review of the Public Utilities Commission for possible deregulationwhich could change things completely; urged the Council to stay on schedule and go with the proposed areas; and, Rick Learned - 1727 Monterey Boulevard, said his business on PCH had been undergrounded in the last major undergrounding segment and it had made a tremendous difference; urged the Council to go with this district. Action:To approve the staff recommendation to adopt Resolution No. 94-5699, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, INITIATINGPROCEEDINGS TO FORM UNDERGROUNDUTILITY DISTRICT 94-1 PURSUANT TO ARTICLE III OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Bowler, second Reviczky. The motion carried by a unanimous vote. At 11:20 P.M. the order of the agenda was returned to item 2. 10. REQUEST FOR THE AWARD OF A SOLE SOURCE BID FOR RECORDS MANAGEMENT - VAULT STORAGE EQUIPMENT. Memorandum from City Clerk Elaine Doerfling dated July 28, 1994. Action:To approve the staff recommendation to approve the award of a sole source bid to Tab Products for Records Management, Vault Storage and City Clerk's Offices equipment in the amount of 16,510.60 (with a possible 5 percent contingency) for a mobile, horizontal filing system with adjustable cabinets for the storage of permanent City documents and records from monies approved in the 1993-94 budget (reappropriated in item 1(g)). Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 11. BUS PASS SUBSIDY INCREASE.Memorandum from Community Development Director Sol Blumenfeld dated August 2, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Proposed Action:To maintain the status quo and not increase the subsidy in any amount. Motion Mayor Benz, second Edgerton. The motion died when Councilmember Edgerton withdrew his second and no other second was forthcoming. Action: To approve alternative 2:to maintain the subsidy by the same percent of 60 percent for seniors and disabled, and 56 percent for high school students and vocationalstudentsbyincreasing the estimated expenditure from 5,050 to 6,078. Motion Reviczky, second Oakes.The motion carried, noting the dissenting vote of Mayor Benz. 12. REQUEST FROM CHAMBER OF COMMERCE FOR STREETFAIR APPROVAL.Memorandum from Public Works Director Amy Amirani dated August 4, 1994. (This item was heard at 10:21 P.M. but is shown in order for clarity.) Assistant City Manager Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Carol Duff - Chamber of Commerce Executive Director, submitted and spoke to a Chamber sponsored petition in favor of street fairs for lower Pier Avenue; responded to Council questions; Leslie Newton - downtown business owner, said her business did much better with the street fair and that residents to whom she had spoken were enthusiastic about the event; Helene Frost - "Coast Drug" owner, requested that the Council deny the Chamber events; opposed to the loss of parking due to closing lower Pier Avenue; opposed to the Chamber bringing in booths for outside people to compete with the Pier Avenue merchants; opposed to the street closure; Jerry Newton - Downtown Business Area Enhancement District Advisory Commission Chairperson, said the aim of the Commission was to improve the physical appearance of the area and to change the mix of businesses; said some people were opposed to change; asked the Council to let the merchantstry various thingsto improve business; Garrison Frost - "Coast Drug" owner, said he had supported R/UDAT, outdoor dining and increased pedestrian walkways downtown; said he was not opposed to change but was opposed to the Chamber allowing outsiders to set up in front of his store selling competing merchandise such as shampoo and sunglasses; and, Dallas Yost - downtown business owner, said he was not opposed to change but was opposed to losing parking and having three tee-shirt booths outside of his store (which designs and sells teeshirts). Action: To approve the recommendation of the Downtown Business Area Enhancement District Advisory Commission to: 1)hold a street fair on Saturday, August 27 and 28, 1994,in conjunction with the Associationof Volleyball Professionals Tournament and on the following dates: a)Sunday, September 18, 1994; b)Sunday, October 9, 1994; c)Friday, November 25, 1994; d)Sunday, December 4, 1994; d)Sunday, December 11, 1994; d)Sunday, December 18, 1994; and, 2)direct staff to take steps to amend Resolution No. 94-5679 to allow for the sale and consumption of alcohol on City streets during Council approved street closures,with the amendment that no vendor vehicles would be allowed to stay in the booth area and to direct the Chamber to allow community restaurants an opportunity to participate by having a booth. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 11:10 P.M. the order of the agenda was moved to item 9. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)Telephone System Replacement on an Emergency Basis with memorandum from City Manager Stephen R. Burrell dated August 9, 1994. City Manager Burrell presented the staff report and responded to Council questions. Commander John MBAs also responded to Council questions. Action: To approve the staff recommendation to authorize the City Manager to execute a purchase contract with GTE for an amount not to exceed 100,567 in accordance with the emergency provision set forth, noting that 60,000 had been budgeted in FY 1994-95 and the remainder of the funds from the fund balance in the UUT Fund. Motion Edgerton, second Bowler.The motion carried, noting the dissenting vote of Mayor Benz. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 15. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Councilmember Bowler for consideration of changing/moving Parking Enforcement time from 6:00 A.M. to 8:00 A.M.. Supplemental memorandum from Sergeant John Kearin, Community Services Division dated August 1, 1994. Councilmember Bowler discussed his request. Action: To agendize this item for the Regular Meeting of September 13, 1995. Motion Bowler, second Mayor Benz. So ordered. CITIZEN COMMENTS - None ADJOURNMENT The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 9, 1994 at the hour of 11:59 P.M. to the Regular Meeting of Tuesday, September 13, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on September 13, 1994, at the hour of 7:07 P.M. PLEDGE OF ALLEGIANCE - J.R. Reviczky, Councilmember ROLL CALL: Present:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent:None PROCLAMATION: POLLUTION PREVENTION WEEK, SEPTEMBER 19 - 25, 1994 Mayor Benz read the proclamation, encouraged everyone to participate in the "Clean Ocean City" campaign and declared the week of September 19 through 25, 1994 as POLLUTION PREVENTION WEEK. Mayor Benz then asked that the City Public Works Department be contacted at 318-0214 if anyone was seen dumping into the City storm drains. Mayor Benz announced a free hazardous waste roundup on Saturday, October 22, 1994, from 9:00 A.M. to 3:00 P.M. at the Hollywood Park Racetrack, 1050 Prairie Avenue in Inglewood and to call the Los Angeles Department of Public Works at 1-800-552-5218 for more information. ANNOUNCEMENT:TENTH ANNUAL COASTAL CLEAN-UP DAY SATURDAY, SEPTEMBER 17, 1994 Mayor Benz announced the Tenth Annual Coastal Clean-up Day on Saturday, September 17, 1994 at the Hermosa Beach Pierhead from 9:00 A.M. until noon and urged everyone to attend and help keep our beaches clean. INTRODUCTION OF NEW EMPLOYEES: Mayor Benz introduced Police Chief Val Straser who introduced the new Police Officers: JAIME RAMIREZ, a graduate of Rio Hondo College and formerly with the U.S. Army; and, KEVIN AVERILL, a Mira Costa graduate and formerly with the Sheriff's Department. Personnel Director Robert Blackwood introduced Fire Captain Brian Scott who introduced the new Firefighters/Paramedics: MICHAEL GARAFANO, Paramedic, and, AARON MARKS, Firefighter PUBLIC PARTICIPATION: (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Ben Rockwell - 475 West 5th Street, Long Beach, California Association for Persons with Handicaps, said Hermosa Beach has not completed its self-evaluation for existing barriers for handicapped persons that was due January 26, 1993 or its transition plan to remove the barriers that was due July 26, 1993 as required under the Federal ADA law and reminded the City that full compliance was required by January 26, 1995 (City Manager Burrell said that the first draft has been completed.); Rosamond Fogg - 610 Sixth Street, submitted letter to the Council and said that a minute order of the Court had awarded 76,292 in Court costs and legal fees to the attorneys representing the "Stop Oil" coalition; Pat Davis - Community Relations for Macpherson Oil and Stocker Resources, spoke regarding the City Yard project size and design; and, Jean Lombardo - 2465 Silverstrand, President of the Hermosa Beach Women's Club, invited the Council and staff to attend the annual "Flap Jack Fest" fundraiser at the Clark Building on Sunday, October 30, 1994 and presented spatulas to flip flapjacks. (b)WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (t), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Benz, (c) Oakes, (h) Mayor Benz, (at the request of public participant, Ben Rockwell), (n) Edgerton, (p) Bowler, (q) Mayor Benz, and (s) Oakes. In response to several Councilmembers' request to remove item 1(r), City Manager Burrell said that the item had been removed by staff and would be rebid. Motion Bowler, second Reviczky. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on August 9, 1994; and, 2)Minutes of the Regular meeting held on August 9, 1994. Action: To approve the minutes of the Special Meeting of August 9, 1994 and the minutes of the Regular Meeting of August 9, 1994 as presented. (b)RECOMMENDATION TO RATIFY THE DEMANDS AND WARRANTS Nos. 47731, 47733, 47734, 47748, 47755, 47756, 47763, 47764, 47771, 47783, 47785, 47787, 47803, 47809, 47813, 47814, 47815, 47816, 47817, 47819, through 47827 inclusive, 47934 through 47962 inclusive, and 48003 through 48132 inclusive, noting voided warrants Nos. 48006 through 48039 inclusive (due to computer error), 48041, 48042, 48075 through 48081 inclusive (due to computer error), 48112 and 48113. And to ratify the check register Nos. 1002 through 1078 inclusive, 1096 through 1165 inclusive, and 1172 through 1336 inclusive, noting voided check Nos. 1002 through 1015 inclusive, 1036, 1096 through 1103 inclusive, 1172, through 1177 inclusive, 1212, 1240 and 1242. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting, due to his request for more a detailed breakdown to be included on certain items such as insurance and attorney costs. Action: To ratify the demands and warrants as presented. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting, due to her concern that she would not be present for the October 11, 1994 meeting at which the Pier Schematic Design would be presented. Action: To receive and file the tentative future agenda items as presented, with the exception that Pier Schematic Design would be moved to a date at which there would be a full Council in attendance. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (d)RECOMMENDATION TO RECEIVE AND FILE THE JULY 1994 FINANCIAL REPORTS: (1)Revenue and expenditure report; (2)City Treasurer's report; and, (3)Investment report. Action: To receive and file the July, 1994 Financial Reports as presented, noting that the Revenue and Expenditure report is unavailable at this time due to software conversion. (e)REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated August 10, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist and Administrative Aide in the Community Development Department pending final determination of the structure of that department. (f)RECOMMENDATION TO APPROVE RENEWAL OF CONTRACT FOR CITY PROSECUTOR SERVICES. Memorandum from City Manager Stephen Burrell dated August 23, 1994. Action: To approve the staff recommendation to approve the renewal of the contract for City Prosecutor services with the inclusion of health, dental and vision insurance coverage which would increase the hourly rate from 70 per hour to 72.93 per hour and direct the City Manager to execute the contract on behalf of the City. (g)RECOMMENDATION TO CHANGE COUNCIL DELEGATE AND ALTERNATE TO THE SOUTH BAY CORRIDOR STUDY STEERING COMMITTEE. Memorandum from City Clerk Elaine Doerfling dated August 16, 1994. Action: To approve the staff recommendation to change the current delegate and alternate (Reviczky/Oakes) for the South Bay Corridor Study Steering Committee to coincide with the newly appointed delegate and alternate (Bowler/Reviczky) for the South Bay Cities Association, since their meetings occur back-to-back on the same day and at the same location. (h)RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 23, 1994. This item was removed from the consent calendar by Mayor Benz, at the request of a member of the public, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Ben Rockwell - California Association for Persons with Handicaps, questioned the handicapped access at the Community Center (City Manager Burrell said the building had handicapped access and handicapped restrooms.) Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Center for Counseling and the City for the use of Room 9 in the Community Center at a rate of 377 per month (419 sq.ft. X .90 per sq.ft.) from October 1, 1994 through June 30, 1995, and 390 per month (419 sq.ft. X .93 per sq.ft.) from July 1, 1995 through September 30, 1995 for a total rental income of 4,563; and, 2)authorize the Mayor to sign the lease. Motion Reviczky, second Bowler. The motion carried unanimously. (i)RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE EASTER SEALS SOCIETY FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 23, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Easter Seals Society and the City for the use of Room 14 in the Community Center at a rate of 828 per month (920 sq.ft. X .90 per sq.ft.) from October 1, 1994 through June 30, 1995, and 856 per month (920 sq.ft. X .93 per sq.ft.) from July 1, 1995 through September 30, 1995 for a total rental income of 10,020; and, 2)authorize the Mayor to sign the lease. (j)RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE ASSOCIATION FOR RETARDED CITIZENS FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 23, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Association for Retarded Citizens and the City for the use of Rooms 1, 2, and 15 in the Community Center at a rate of 2,124 per month (2,360 sq.ft. X .90 per sq.ft.) from October 1, 1994 through June 30, 1995, and 2,195 per month (2,360 sq.ft. X .93 per sq.ft.) from July 1, 1995 through September 30, 1995 for a total rental income of 25,701; and, 2)authorize the Mayor to sign the lease. (k)RECOMMENDATION TO APPROVE EXTENSION OF LANDSCAPING CONTRACT WITH LANDSCAPE WEST, INC. ON A MONTH TO MONTH BASIS. Memorandum from Public Works Director Amy Amirani dated August 30, 1994. Action: To approve the staff recommendation to authorize staff to extend the contract with "Landscape West, Inc." on a month to month basis, at a monthly cost of 9,093 until the City goes out to bid and awards a new contract. (l)RECOMMENDATION TO DIRECT CITY CLERK TO AMEND THE CITY'S CONFLICT OF INTEREST CODE AND SUBMIT THE AMENDED CODE TO COUNCIL FOR FINAL APPROVAL WITHIN 90 DAYS, PURSUANT TO STATE LAW. Memorandum from City Clerk Elaine Doerfling dated September 1, 1994. Action: To approve the staff recommendation to direct the City Clerk to: 1)appropriately amend the City's Conflict of Interest Code, ensuring that it is accurate and up to date; and, 2)submit the amended Code to Council for final approval within 90 days, pursuant to State law. (m)RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.Memorandum from Personnel Director Robert Blackwood dated September 6, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1)Claimant: Ohmer, John Paul Date of Loss:02/19/94 Date Filed :08/17/94 Allegation :Allowing median parking along Hermosa Avenue and failure to place a STOP sign at Hermosa Avenue and Sixth Street caused a collision between claimant on bicycle and oncoming traffic; and, 2)Claimant: Terra, Richard Date of Loss:07/31/94 Date Filed :08/21/94 Allegation :Claimant injured when he stepped into a hole in the sidewalk at 13th Street and the Strand. Failure to properly maintain streets and areas traversed by pedestrians. (n)RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #21667 FOR A TWO-UNIT CONDOMINIUM AT 1051 MONTEREY BOULEVARD.Memorandum from Community Development Director Sol Blumenfeld dated August 23, 1994. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to questions regarding the time length allowed for the permit. Community Development Director Blumenfeld responded to Council questions. Action: To adopt Resolution No. 94-5703, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #21667 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1051 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. (o)RECOMMENDATION TO ADOPT RESOLUTION OF INTENT TO STUDY GYMNASIUM PARKING REQUIREMENT AND TRASH ENCLOSURE REQUIREMENT FOR SMALL MARKETS AND RESTAURANTS.Memorandum from Community Development Director Sol Blumenfeld dated September 6, 1994. Action: To adopt Resolution of Intent No. 94-5700, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE STUDIES OF PARKING STANDARDS FOR GYMNASIUMS/ PHYSICAL FITNESS CENTERS, AND TRASH REQUIREMENTS FOR SMALL BUSINESSES." (p)RECOMMENDATION TO ADOPT RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE TO STREAMLINE THE ORDINANCE AMENDMENT PROCESS, BY ELIMINATING RESOLUTIONS OF INTENT.Memorandum from Community Development Director Sol Blumenfeld dated September 6, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to congratulate Community Development Director Blumenfeld for taking the initiative in streamlining the Ordinance amendment process. Action: To adopt Resolution of Intent No. 94-5704, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE STUDY AND CONSIDERATION OF A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ELIMINATE THE REQUIREMENT FOR RESOLUTIONS OF INTENT TO INITIATE TEXT AMENDMENTS."Motion Bowler, second Edgerton. The motion carried by a unanimous vote. (q)RECOMMENDATION TO AMEND THE EXISTING AGREEMENT WITH ALLRIGHT PARKING FOR MINIMUM STAFFING REQUIREMENTS AND HOURS OF OPERATION. Memorandum from Public Works Director Amy Amirani dated September 6, 1994. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions and said the lots would be open for both entering and departing vehicles while there was no attendant on duty. Action: To approve the Downtown Business Area Enhancement District Advisory Commission and staff recommendation to amend the existing Allright Parking agreement for minimum staffing requirements from one staff for each of Lots B and H (two staff total) to only one staff for both Lots B and H, and hours of operation from the current hours of 8:00 A.M. to 2:00 A.M. daily to 10:00 A.M. to 10:00 P.M. during winter months, and 10:00 A.M. to 12:00 midnight during summer months. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. (r)RECOMMENDATION TO AWARD BID FOR THE PURCHASE OF TWO UTILITY TRUCKS AND ONE DUMP TRUCK. Memorandum from Public Works Director Amy Amirani dated September 8, 1994. This item was removed from the agenda by staff in order to rebid the project. (s)RECOMMENDATION TO ACCEPT AN OFFER OF DEDICATION IN CONNECTION WITH THE MCDONALDS' PROJECT ON PACIFIC COAST HIGHWAY. Memorandum from City Manager Stephen Burrell dated September 8, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to accept the offer of dedication for a ten foot wide strip of land in connection with the McDonalds' project on Pacific Coast Highway to allow the relocation of the existing 20 foot wide alleyway ten feet westward to maintain access from 11th Street to the gas station property.Motion Oakes, second Reviczky. The motion carried by a unanimous vote. (t)RECOMMENDATION TO ADOPT RESOLUTION OF INTENT TO STUDY ADDING TATTOO PARLOR INTO THE PERMITTED USE LIST IN COMMERCIAL ZONES. Action: To adopt Resolution of Intent No. 94-5701, entitled, "A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE A STUDY TO ADD TATTOO PARLOR TO THE COMMERCIAL PERMITTED USE LIST." 2.CONSENT ORDINANCES (a)ORDINANCE NO. 94-1115 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF SECTIONS 8-5, COMMERCIAL DEVELOPMENT STANDARDS TO REDUCE SETBACK REQUIREMENTS FOR COMMERCIAL PROJECTS ADJACENT TO RESIDENTIAL ZONES AND ADOPTION OF A NEGATIVE DECLARATION." Memorandum from City Clerk Elaine Doerfling dated March 2, 1994. Action: To adopt Ordinance No. 94-1115. Motion Oakes, second Bowler. AYES:Bowler, Oakes, Edgerton, Mayor Benz NOES:Reviczky Final Action: To direct staff to return with a study regarding granting discretionary power to the Planning Commission. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. At 7:38 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (c), (h), (n), (p), (q) and (s) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.ML MEDIA PARTNERS, L.P. FRANCHISE RENEWAL/CABLE OPERATOR ORDINANCES, with Ordinances for introduction. Memorandum from Assistant City Manager Mary Rooney dated August 22, 1994. Assistant City Manager Rooney introduced the Cable Television Advisory Commission: Scott Tollefsen, chair, Rick Learned and Dave Reimer, members. Chairperson Scott Tollefsen presented the Cable Television Advisory Commission report saying that the Commission took the Manhattan Beach Franchise Ordinance as a baseline and adjusted it to meet Hermosa Beach's needs. Mr. Tollefsen said this Ordinance differs from the City's previous Ordinance by including a continued monitoring of compliance on the part of the franchise holder, ongoing auditing and reporting, assurances of the protection of public property when capital projects are undertaken, refined definitions, technical reviews every five years, a ten year franchise term rather than fifteen years, access in all schools and public buildings and 250,000 given by MultiVision for City and school grants to upgrade facilities. Mr. Tollefsen said that the City was not allowed to set costs or programming. The public hearing opened at 8:01 P.M. Coming forward to address the Council on this item were: Sherry Budreau - 960 First Street, questioned why the City only allowed one cable company and said the City should not tax cable viewers (City Attorney Vose said the franchise was not exclusive, that another cable company could offer services in the City if it wished.); and Dave Reimer - 802 Loma Drive, said he had offered a letter to Councilmembers stating his concerns as a resident regarding stand-by power, emergency alert capability, and public access. The public hearing closed at 8:06 P.M. Assistant City Manager Rooney responded to Council questions. City Attorney Vose, City Manager Burrell, and C.S.G. consultant Emily Brubaker also responded to Council questions. Don Granger, representing MultiVision, responded to Council questions. Action: To introduce Ordinance No. 94-1116, with the following changes: 1)add to Section 7.5-2 at the beginning of the document a definition for the word "transfer", to include "assign/assignment"; 2)insert on page 13, Section (5), line 4, "...quality of the service proposed in light of existing new technology, income to the City, ..."; 3)delete "any" on page 16, Section (4), lines 4 and 5, and insert in its place, "... satisfaction as to a particular claim the City may have for additional sums payable which have been outstanding for more than four years."; 4)delete on page 20, Section (5), lines 17 and 18, the last sentence, "The Court shall apply the independent judgment standard of judicial review." 5)insert on page 33, Section (3), line 10, "...such overhead facilities at grantee's cost, provided that if any...; 6)delete on page 40, Section 7.5-32, line 4, the words "Section 1.10.530 of"; 7)clarify on page 40, Section 7.5-32, that performance review is to include all technical parts of the system; and, 8)delete on page 51, Section b(1), line 16, the word "not". Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Further Action: To waive further reading of Ordinance No. 94-1116, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 7.5 OF THE HERMOSA BEACH MUNICIPAL CODE RELATIVE TO THE GRANTING OF CABLE TELEVISION FRANCHISES." Motion Edgerton, second Mayor Benz. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Action: To introduce Ordinance No. 94-1117, with the following changes: 1)insert on page 2, Section 1, line 19, "... acceptance of the provisions of Cable Television Ordinance and Consumer Protection Ordinance as well."; and, 2)insert on page 13, Section f., line 26, "...reasonable limitations subject to the review of the City on the scheduling ...". Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Further Action: To waive further reading of Ordinance No. 94-1117, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING A FRANCHISE RENEWAL TO ML MEDIA PARTNERS, L.P.." Motion Edgerton, second Benz. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Final Action: Mayor Benz directed, with the consensus of the Council, that staff address the issue of a rebate on converter boxes under the Consumer Protection Ordinance and bring back it for Council consideration at a later date. The meeting recessed at 9:28 P.M. The meeting reconvened at 9:45 P.M. 5.UNDERGROUND UTILITY DISTRICT. Memorandum and Resolution for adoption from Public Works Director Amy Amirani dated September 6, 1994. Supplemental letters from Vincent Howard, et al., dated September 12, 1994. and from Joseph Bernstein, Easter Seals, dated September 8, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Ms. Amirani said no protests had been received from the residents and property owners in the proposed undergrounding district. The public hearing opened at 9:49 P.M. Coming forward to address the Council on this item was: Ben Rockwell - California Association for Persons with Handicaps, said he was in favor of beautification, but asked the Council to consider redistributing the undergrounding to include utility pole removal from the middle of sidewalks such as Ardmore Avenue in order to allow people in wheelchairs or on crutches to have access to the sidewalks and to comply with Federally mandated ADA requirements. The public hearing closed at 9:52 P.M. City Manager Burrell responded to Council questions and said that individual utility pole removal and other ADA requirements could be accomplished with Community Development Block Grant funds. Action: To adopt Resolution No. 94-5702, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THAT FACILITIES SHOULD BE INSTALLED UNDERGROUND, DECLARING THE FORMATION OF THE UNDERGROUND UTILITY DISTRICT 94-1 PURSUANT TO ARTICLE III OF THE HERMOSA BEACH MUNICIPAL CODE, ORDERING THE INSTALLING OF UTILITIES UNDERGROUND AND REMOVAL OF OVERHEAD STRUCTURES." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. MUNICIPAL MATTERS 6.CONSIDERATION OF REPORT TO HAVE OPENING PRAYER AT CITY COUNCIL MEETINGS. (Continued from meeting of 7/26/94) Memorandum from City Attorney Charles Vose dated July 20, 1994. City Attorney Vose presented his report and responded to Council questions. The hearing opened at 10:00 P.M. Coming forward to address the Council on this item were: Glen Peterson - Palos Verdes, spoke in favor of an invocation at the start of Council meetings; Franz J. Wiederman - V.F.W., said the Council flag was displayed incorrectly; said prayer is appropriate at any civic function; Chris Olsen - St. Cross parishioner, spoke in favor of prayer; submitted the U.S. Senate prayer to the Council; Yolanda Davila - displayed photograph taken in Cuba of a prayer displayed on the front of a church; spoke in favor of prayer; Dave Reimer - 802 Monterey Blvd., asked for freedom from religion; spoke in opposition to civic event public prayer; (male, no name or address given) - spoke in favor of prayer; submitted information to the Council; Carol Sheehan - spoke in favor of prayer; Matt Boyd - Manhattan Beach Civil Concerns, spoke in favor of prayer; Christopher Boyle - Redondo Beach, said Redondo Council meetings begin with a prayer and it does not improve the tenor of those meetings or make them more peaceful; and, Karen Johnson - showed various articles and spoke in favor of prayer. The hearing closed at 10:25 P.M. Proposed Action: To approve a non-denominational prayer at the start of Council meetings. Motion Reviczky, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Benz. Action: To have the Council come back with an appropriate "creed" to use at the beginning of meetings. Motion Edgerton, second Oakes. The motion carried, noting the dissenting votes of Bowler and Mayor Benz. At 10:53 the order of the agenda was returned to item 3. 7.RECOMMENDATION TO APPROVE INSTALLATION OF CROSSWALKS AT INTERSECTION OF GOULD & MORNINGSIDE AND DENY INSTALLATION OF A CROSSWALK AT THE INTERSECTION OF 28TH STREET AND MANHATTAN AVENUE. (Continued from meeting of 8/9/94) Memorandum from Public Works Director Amy Amirani dated August 2, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. The hearing opened at 11:10 P.M. Coming forward to address the Council on this item was: Paul Theise - 28th Street, said Manhattan Avenue was much harder to cross, especially with young children without a crosswalk; said there had been a crosswalk at that location previously that had been obliterated when the street was repaved; said he was only asking that the crosswalk be repainted and if necessary he would pay the cost of painting in a crosswalk. The hearing closed at 11:13 P.M. Action: To direct staff to install a crosswalk across Manhattan Avenue at 28th Street. Motion Edgerton, second Mayor Benz. The motion carried, noting the objection of Bowler and Reviczky. Further Action: To approve the staff recommendation No. 1, to approve the installation of a four-way crosswalk at the intersection of Gould Avenue and Morningside Drive. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. Final Action: Mayor Benz directed, with the consensus of the Council, to direct staff to restudy the Manhattan Avenue crosswalk and return with a report. 8.RECOMMENDATION TO APPROVE ASSIGNMENT OF INTEREST IN OIL LEASE FROM GLG ENERGY, INC. TO STOCKER RESOURCES, INC.. Memorandum from City Manager Stephen Burrell dated August 17, 1994. Councilmember Reviczky declared a conflict of interest due to living within the project perimeters and left the dais and the room at 11:25 P.M. City Manager Burrell presented the staff report and responded to Council questions. The hearing opened at 11:27 P.M. Coming forward to address the Council on this item were: Rosamond Fogg - 610 Sixth Street, expressed her concerns and questioned the possibility of future abuses of the assignment; said they were bad terms, bad contract, and a bad project; Tom Morley - 516 Loma Drive, asked the Council not to take this action as the contract was inadequate; said it might be possible to negotiate a better contract; said the Council needed more information and needed a legal opinion to determine if the two years had expired; and, Don Macpherson - Macpherson Oil, expressed his concerns with what he felt was misinformation from the other speakers; said Stoker is fully capable and the contract says a partner may be substituted; said three legal opinions have said it is a legal contract and recommended that Stoker be accepted. The hearing closed at 11:37 P.M. Action: To approve the staff recommendation to: 1)approve the assignment of the lease to Stocker Resources, Inc. from GLG Energy, Inc. as proposed. 2)approve the designation of Stocker Resources, Inc. as Production Operator as requested; and, 3)direct the City Manager to prepare all required documents and, once completed, authorize the Mayor and City Clerk to execute the documents on behalf of the City. Motion Bowler, second Mayor Benz. The motion carried, noting the abstention of Reviczky. 9.RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING EXTENSION OF TIME ON OIL LEASE. Memorandum from City Manager Stephen Burrell dated September 8, 1994. Supplemental letter from Jan Chatten-Brown, Attorney at Law, dated September 12, 1994. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Vose said he concurred with the City Manager's report. The hearing opened at 11:47 P.M. Coming forward to address the Council on this item were: Tom Morley - 516 Loma Drive, questioned the City's count of days remaining, said the City should get a legal opinion regarding which days are valid, Don Macpherson - Macpherson Oil, said that Macpherson Oil attorneys had counted the days and determined that 458 remained while the City had counted 452 days remaining; and, Rosamond Fogg - 610 Sixth Street, said she considered the lease terms flawed, stated her opinion of the Council's options, questioned the number of days remaining and asked the Council to terminate the lease, due to the time having expired, enter into a new lease for a smaller project on more favorable terms, and get a new E.I.R. The hearing closed at 11:57 P.M. Action: To direct staff to return this item to Council after a legal opinion has been received regarding the number of days remaining for the contract and a timeline report on any other permits that may or may not be pending. Motion Mayor Benz, second Bowler. The motion carried, noting the abstention of Reviczky. Councilmember Reviczky returned to the dais at 12:11 A.M. 10.FINANCIAL IMPACT REPORT ASSOCIATED WITH THE ELIMINATION OF PARKING ENFORCEMENT IN THE CITY'S COMMERCIAL AREA/SILVER POLE METERS BETWEEN THE HOURS OF 6:00 A.M. AND 8:00 A.M. Memorandum from Sergeant John Kearin, Community Services Division dated September 6, 1994. City Manager Burrell presented the staff report and responded to Council questions Action: To direct staff to reduce the parking enforcement hours from 6:00 A.M. to 8:00 A.M. for the City's Commercial area/silver pole meters and to bring back a study for the entire City. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Final Action: To direct staff to stay enforcement of the Commercial area/silver pole meters between 6:00 A.M. and 8:00 A.M., starting September 15, 1994 until the entire matter is returned to the Council. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. 11.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Recommendation by Councilmember Bowler to refer Article 10 of the Zoning Code to the Planning Commission for review. Councilmember Bowler discussed his request. Action: To refer Article 10 of the Zoning Code to the Planning Commission for review. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. At 12:20 A.M. the order of the agenda was suspended to go to item 13(c). b)Request by Mayor Benz for discussion of the policy and direction of the decoy program. At 12:25 A.M. Councilmember Bowler declared a potential conflict of interest, due to owning a business that sells alcohol, and left the dais and the room. Mayor Benz discussed his request. Action: To place the matter of a discussion regarding the policy and direction of the City's decoy program on a future agenda for discussion. Motion Mayor Benz, second Edgerton. The motion carried, noting the dissenting vote of Reviczky and the abstention of Bowler. c)Request by Mayor Benz for discussion of increasing the commercial zone 300 feet on each side of Pacific Coast Highway. Mayor Benz discussed his request. City Attorney Vose said a Resolution of intent for the Planning Commission to study this matter would be needed if the Council intended to proceed . Proposed Action: To direct staff to return with a Resolution of intent for the Planning Commission to study areas where the commercial zones could be increased. Motion Mayor Benz. The motion died due to the lack of a second. At 12:24 A.M. the order of the agenda was returned to item 13(b). CITIZEN COMMENTS Coming forward at this time to address the Council was: Chris Boyle - 1010 Esplanade, Redondo Beach, requested that the Council consider refurbishing the northern portion of the Strand for bicycle traffic and placing a pet drinking fountain on the Strand. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, September 14, 1994 at the hour of 12:45 A.M. to a closed session for the purpose of discussion of Matters of Personnel, pursuant to Government Code Section 54957: Wisniewski. The closed session adjourned at 12:58 A.M. to an Adjourned Regular Meeting of Thursday, September 22, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on September 27, 1994, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Robert Blackwood, Personnel Director ROLL CALL: Present:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent:None PROCLAMATION: RIDESHARE WEEK - October 3 - 7, 1994 Mayor Benz read the proclamation; urged all citizens to use alternate transportation, take the bus or carpool; and declared the week of October 3 through 7, 1994 as Rideshare Week. PRESENTATION: Mayor Benz announced the presentation of a donation from the Southern California Gas Company to "Arts Hermosa". Marcella Low, Regional Director for Southern California Gas Company, presented a check in the amount of 2,000 to "Arts Hermosa" president, Dragana Bajalazic, who thanked the Gas Company for being its first corporate sponsor. ANNOUNCEMENT: Mayor Benz announced that item No. 8, "Legal Opinion Regarding Oil and Gas Lease No. 2 - Extension of Time and the Application of the Force Majeure Provision", had been removed from the agenda by staff and would return on a future agenda. Mayor Benz then introduced Councilmember Bowler who announced a fund raiser for "Arts Hermosa", tonight, at the Lighthouse, featuring some of the "Jazz All-Stars", lead by Howard Rumsey on bass, and encouraged any one interested to attend. PUBLIC PARTICIPATION (a)ORAL COMMUNICATIONS Coming forward to address the Council at this time were: John McLennan - 840 Pacific Coast Highway, C.U. Members Auto Buying Service, said he came to introduce himself as a new business owner in the City; and, Pat Davis - representing Macpherson Oil, submitted a "fact sheet" to the Council and the public. (b)WRITTEN COMMUNICATION 1)Letter from Rosamond Fogg dated September 21, 1994 regarding Fair Political Practices Commission rulings on past and present council member's ability to participate in decisions regarding the proposed oil drilling. Coming forward to address the Council on this item was: Rosamond Fogg - 610 Sixth Street, spoke to her letter; felt the FPPC should be given clarified information regarding the correct number of people affected by oil drilling in the City in order to make its decisions; submitted information to the City Clerk. Action: There was no action taken on this item. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Oakes and (h) Reviczky. A "no" vote was recorded on (i) by Mayor Benz. Motion Bowler, second Oakes. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on September 8, 1994; and, 2)Minutes of the Regular meeting held on September 13, 1994. Action: To approve the minutes of the Special Meeting of September 8, 1994 and the Regular Meeting of September 13, 1994 as presented. (b)RECOMMENDATION TO RATIFY THE CHECK REGISTER AND TO APPROVE THE CANCELLATION OF CERTAIN WARRANTS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify check register Nos. 1080, 1081, 1095, 1167, 1170, 1171, 1337, 1338, 1339, Nos. 1352 through 1428 inclusive, and No. 1429, noting voided check register Nos. 1352, 1353, 1354 and 1355 as presented; and, to approve the cancellation of certain warrants as recommended by the City Treasurer. (c)RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Action: To continue the public hearing items from the Community Development Department listed on the October 11, 1994 agenda to October 25, 1994, and to receive and file the tentative future agenda items as amended. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. (d)RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING FINANCIAL REPORTS: (1)Revenue and expenditure report for July, 1994; (2)City Treasurer's report (unavailable at this time due to software conversion); and, (3)Investment report for August, 1994. Action: To receive and file the Financial Reports as presented, noting that the City Treasurer's report is unavailable due to software conversion. (e)RECOMMENDATION TO APPROVE A CLASSIFICATION SPECIFICATION FOR THE POSITION OF FIRE CHIEF, ESTABLISH THE SALARY RANGE FOR THE POSITION, AND ADOPT A RESOLUTION AMENDING RESOLUTION 94-5680 TO INCLUDE THE POSITION OF FIRE CHIEF. Memorandum from Personnel Director Robert Blackwood dated September 19, 1994. Action: To approve the staff recommendation to adopt Resolution No. 94-5705, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 94-5680 BY ESTABLISHING A SALARY RANGE FOR THE POSITION OF FIRE CHIEF. (f)RECOMMENDATION TO AUTHORIZE THE FIRE DEPARTMENT TO PURCHASE A 1994 UTILITY VEHICLE. Memorandum from Acting Fire Chief Ed Chesson dated September 11, 1994. Action: To approve the staff recommendation to authorize the purchase of a 1994 utility vehicle (a 1994 Ford F350 crew cab pick-up truck) for a total cost of 19,241.43, to be purchased through Los Angeles City bid #SO416. (g)RECOMMENDATION TO APPROVE A MODIFICATION TO THE LAY-OFF PROCEDURES IN THE TEAMSTER UNION, LOCAL 911 MEMORANDA OF UNDERSTANDING. Memorandum from Personnel Director Robert Blackwood dated September 19, 1994. Action: To approve the staff recommendation to approve the modifications to the lay-off procedures as agreed to by staff and the Teamster representatives: 1)clarifying that an employee subject to lay-off may assume a lateral position for which they meet the minimum qualification IF such a position is vacant (current language only addresses positions of a lower grade or class); 2)authorizing the City to require successful completion of a thorough background investigation if an employee is assuming a position through lay-off which requires such a background for a new hire; and, 3)continuing payment of the City-paid portion of medical premiums for the first two months following lay-off,and to authorize the city Manager to execute a Supplemental to the Memorandum of Understanding (MOU). (h)RECOMMENDATION TO APPROVE THE PLANS AND SPECIFICATIONS FOR AND AUTHORIZE CONSTRUCTION OF THE WEST COAST BASIN BARRIER PROJECT AND, GRANT PERMISSION TO THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS TO OCCUPY AND USE THE PUBLIC STREETS IN THE CITY OF HERMOSA BEACH TO CONSTRUCT, OPERATE AND MAINTAIN SAID INSTALLATION. Memorandum from Public Works Director Amy Amirani dated September 20, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, due to concerns that there be language in this agreement to ensure that the project is completed as presented, as the previous Water Reclamation project had not fulfilled its assurances regarding completion time and restoration of the Greenbelt. Public Works Director Amirani and City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: 1)approve the plans and specifications for and authorize construction of the West Coast Basin Barrier Project; and, 2)grant permission to the County of Los Angeles Department of Public Works to occupy and use the public streets in the City of Hermosa Beach to construct, operate, and maintain said installation (for the additional observation well on the Greenbelt at 24th Street),on the condition that there is Council approval of the construction and completion schedule, and some wording to hold the County contractor accountable for restoration. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (i)RECOMMENDATION TO APPROVE RENEWAL OF THE SCHOOL FIELDS USAGE AND MAINTENANCE AGREEMENT WITH THE HERMOSA BEACH CITY SCHOOL DISTRICT. Memorandum from City Manager Stephen Burrell dated September 21, 1994. Action: To approve the staff recommendation to: 1)approve the renewal of the school fields usage and maintenance agreement for FY 1994-95 at a cost of 6,000 and to direct the City Manager to sign on behalf of the City; and, 2)direct the City Manager to report back with a listing of services provided and estimated costs so that a specific line-item budget program can be developed. Mayor Benz registered a "no" vote on this item. (j)RECOMMENDATION TO ADOPT A RESOLUTION APPROVING TEMPORARY ALTERNATIVE MEETING ARRANGEMENTS FOR THE MONTHS OF NOVEMBER AND DECEMBER FOR THE PLANNING COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated September 27, 1994. Action: To approve the staff recommendation to allow the Planning Commission to meet on a monthly basis for the months of November and December of 1994 to allow staff time to be more efficiently used due to the reduced case load of Planning Commission items and to adopt Resolution No. 94-5706, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE DATES OF PLANNING COMMISSION MEETINGS FOR THE MONTHS OF NOVEMBER AND DECEMBER, 1994." 2.CONSENT ORDINANCES (a)ORDINANCE NO. 94-1116 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 7.5 OF THE HERMOSA BEACH MUNICIPAL CODE RELATIVE TO THE GRANTING OF CABLE TELEVISION FRANCHISES." For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 1994. Action: To adopt Ordinance No. 94-1116, with the correction to remove the double text entry of "provide City a copy of", shown on page 38, line 28 and on page 39, line 1. Motion Edgerton, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None (b)ORDINANCE NO. 94-1117 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING A FRANCHISE RENEWAL TO ML MEDIA PARTNERS, L.P.". For adoption. Memorandum from City Clerk Elaine Doerfling dated September 20, 1994. Action: To adopt Ordinance No. 94-1117. Motion Edgerton, second Reviczky. AYES:Bowler, Oakes, Edgerton, Reviczky, NOES:Mayor Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c) and (h) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO THE CONDITIONAL USE PERMIT REQUIREMENT AND STANDARDS FOR OFF-SALE ALCOHOL BEVERAGE ESTABLISHMENTS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum from Community Development Director Sol Blumenfeld dated September 20, 1994. Supplemental memorandum from Community Development Director Sol Blumenfeld dated September 27, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:53 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:53 P.M. Action: To introduce Ordinance No. 94-1118, which would require a Conditional Use Permit only for the amended hours of operation between 11:01 P.M. and 2:00 A.M., and to direct staff to include copies of all C.U.P.s affected by the Zoning Ordinance amendment at the meeting of October 11, 1994. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1118, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE CONDITIONAL USE PERMIT REQUIREMENTS FOR OFF-SALE ALCOHOL ESTABLISHMENTS AND THE ADOPTION OF A NEGATIVE DECLARATION." Motion Edgerton, second Bowler. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None MUNICIPAL MATTERS 5.BILTMORE PARK DESIGN. Memorandum from Public Works Director Amy Amirani dated September 19, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, questioned park construction and design; objected to the height of the berms; objected to seating walls; and, objected to the width of the paths. Action: To approve the staff recommendation to: 1)approve the modifications to the previously submitted Biltmore Park design and approve the Biltmore Park Construction Documents as revised by the Park, Recreation and Community Resources Advisory Commission; and, 2)authorize staff to advertise and open competitive bids for the construction of Biltmore Park,with the understanding that the flagpole be included in phase 2 when the lighting fixtures are implemented; that the lighting conduit be installed; that there be a mow strip; and that an assortment of trees from group 1 and group 3 be included. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Final Action: To direct that the Parks, Recreation and Community Resources Advisory Commission hold public input meetings to establish a name for the park. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Councilmember Reviczky thanked the Parks, Recreation and Community Resources Advisory Commission for its time and work and for returning this item so quickly. The meeting recessed at 8:25 P.M. The meeting reconvened at 8:42 P.M. 6.REPORT ON POLICE ALCOHOLIC BEVERAGE CONTROL DECOY PROGRAM. Memorandum from Police Chief Val Straser dated September 19, 1994. Councilmember Bowler declared a potential conflict of interest on this item due to his owning a business that sold alcohol and left the dais and the room at 8:43 P.M. Police Chief Straser presented the staff report and responded to Council questions, saying that an educational program would be implemented with personal visits to establishments rather than a letter to inform businesses of the decoy program, and that in the future the A.B.C. would review all decoys for suitability. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, spoke in favor of the decoy program; questioned the need to warn establishments selling alcohol of an impending decoy program; asked that the decoy program be extended to on-sale alcohol businesses. Action: To receive and file the report. Motion Edgerton, second Oakes. The motion carried, noting the abstention of Bowler. Councilmember Bowler returned at 9:00 P.M. 7.CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE TO PROVIDE A PERMIT PROCESS TO ALLOW CONSUMPTION OF ALCOHOL ON CERTAIN PUBLIC PROPERTY. Memorandum from City Manager Stephen Burrell dated September 21, 1994, with an Ordinance for introduction. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Parker Herriott - 224 24th Street, said the citizens of Hermosa Beach would get a bad impression if the Council loosened the restrictions on the use of alcohol while other cities were trying to curb the use of alcohol; asked that there be no changes to the current Ordinance; and, Laurie Byren - 642 24th Street, President of the Hermosa Education Foundation and past president of the Community Center Foundation, encouraged the Council to allow non-profit organizations to use public property for fund raising events that included the sale of alcohol, as there were no buildings in Hermosa Beach that could accommodate crowds over 250 people. Action: To refer the item back to staff to consider Council concerns regarding sites, use by non-profit organizations, and liability issues, and to develop guidelines to be adopted by Council Motion Bowler, second Oakes. The motion carried by a unanimous vote. 8.LEGAL OPINION REGARDING OIL AND GAS LEASE NO. 2 - EXTENSION OF TIME AND THE APPLICATION OF THE FORCE MAJEURE PROVISION. Memorandum from City Attorney Charles Vose dated September 22, 1994. This item was removed from the agenda by staff and an announcement was made at the start of the meeting that it would be returned at a future meeting. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a)Vacancies - Boards and Commissions: Civil Service Board - Expiration of one term. Memorandum from City Clerk Elaine Doerfling dated September 20, 1994. Supplemental Civil Service Board application from John Wisdom dated September 26, 1994. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve staff recommendation No. 2: to direct the City Clerk to advertise and request applications from interested parties for appointment to the Civil Service Board. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. b)Request for waiver of an automatic vacancy on Planning Commission. Memorandum from Community Development Director Sol Blumenfeld dated September 22, 1994. Action: To approve the staff recommendation to waive the automatic vacancy on the Planning Commission by minute order. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. c)Update on possible "motto/creed" to be included at the beginning of City Council meeting. Oral report from Council member Julie Oakes. Supplemental letter from Betty Ryan received September 27, 1994. Coming forward to address the Council on this item were: Karen Johnson - spoke in favor of an invocation at the start of Council meetings and said it should be made to the creator; and, Steve Fortney - 1516 Monterey Blvd., agreed with the previous speaker in favor of prayer; said some statements made by the Mayor at the last meeting were disrespectful of religion, but the majority of the Council acted in a very professional manner. Action: To receive and file the item. Motion Oakes, second Mayor Benz. The motion carried, noting the dissenting votes of Edgerton and Reviczky. 11.OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward at this time to address the Council was: Tom Morley - 516 Loma Drive, said the report contained in item 8 (pulled from this agenda) did not satisfy the need for information in regard to what permits and length of time; requested that Council ask staff to supply information an which permits had been applied for and which had delayed the project; asked the Council to read the contract before it comes up again as Contract 2 is for on-shore drilling only. ADJOURNMENT - The Regular Meeting adjourned at the hour of 9:45 P.M. to a closed session. The closed session began at the hour of 9:50 P.M. in order to continue discussion regarding personnel matters. The closed session adjourned at 10:05 P.M. to the Regular Meeting and an announcement was made by City Manager Burrell that Charles S. Vose had tendered his resignation as the Hermosa Beach City Attorney, but would continue to serve while the City goes through the recruitment process and until a new City Attorney is selected. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 27, 1994 at the hour of 10:06 P.M. to the Regular Meeting of Tuesday, October 11, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on October 11, 1994, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - Garrison Frost, Jr., Beach Reporter ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Benz Absent: Oakes PROCLAMATION:RED RIBBON WEEK, OCTOBER 23 - 31, 1994 Mayor Benz proclaimed the week of October 23 through 31, 1994 as "Red Ribbon Week" which encourages all citizens to participate in tobacco, alcohol and other drug prevention programs and activities in order to raise a generation of drug-free youth. PRESENTATION:PRESENTATION OF PLAQUE TO CITY ATTORNEY CHARLES S. VOSE Mayor Benz presented a Plaque of Appreciation to City Attorney Charles S. (Casey) Vose, who had submitted his resignation effective upon his replacement, and thanked Mr. Vose for his service since 1989. Mr. Vose thanked the Council and the citizens of Hermosa Beach and said that he would continue to watch the activities in the City. ANNOUNCEMENT:Mayor Benz announced that item 4, "SPECIAL STUDY AND TEXT AMENDMENT TO THE ZONING ORDINANCE IN REGARD TO THE 17' GARAGE SETBACK, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION" and item 5, "SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION FOR GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION," both public hearings, would be continued to the Regular Meeting of October 25, 1994 in order for the items to be heard by a full Council, but that anyone wishing to speak on either item could do so at tonight's meeting. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Pat Davis - representing Macpherson Oil and Stocker Resources, said there was an estimated 10 to 30 million barrels of oil in the Hermosa Beach field which could bring in revenue to the City, of 42 million to 126 million dollars and left a "fact sheet" in the foyer; Danilo Rio - spoke regarding a request for a proposed soccer tournament in Hermosa Beach. (male/name indistinct) - said his organization wished to get a permit for a ten-team soccer tournament to be held for three week-ends, starting in mid- November, at Clark Field. (City Manager Burrell said a letter had been receive yesterday which was forwarded to the Community Resources Director and that the request would depend on the availability of the area and other factors.) (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (b) Mayor Benz. Motion Bowler, second Reviczky. So ordered, noting the absence of Oakes. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on September 22, 1994; and, 2)Minutes of the Regular meeting held on September 27, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of September 22, 1994 and the minutes of the Regular Meeting of September 27, 1994 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER Nos. 1340 through 1351 inclusive and Nos. 1430 through 1616 inclusive, noting voided numbers 1438, 1436, 1437, 1438, 1502, and 1589 through 1595 inclusive. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting, due to his concern regarding liability claim payments all showing only one firm representing the City, and that it was his recollection that Council had given direction that a pool of firms would be used. City Manager Burrell responded to Council questions by saying that a list of firms had been qualified by the City, but these were old cases that were just now coming to settlement, and in the future other firms would be used. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 1994 CITY TREASURER'S REPORT. Action: To receive and file the August, 1994 City Treasurer's Report as presented. (Oakes absent) (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated September 21, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist and Administrative Aide in the Community Development Department pending final determination of the structure of that department. (Oakes absent) (f) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIAB ILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated September 29, 1994. Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator (Oakes absent): 1)Claimant: Patti, Adeline Date of Loss:8/11/94 Date Filed :9/12/94 Allegation :Claimant's parked car damaged during police pursuit. Damage caused by fleeing suspect. (g) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 1994 REVENUE AND EXPENDITURE REPORT. Action: To approve the staff recommendation to receive and file the August, 1994 Revenue and Expenditure report as presented. (Oakes absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1118 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE CONDITIONAL USE PERMIT REQUIREMENTS FOR OFF-SALE ALCOHOL ESTABLISHMENTS AND ADOPTION OF A NEGATIVE DECLARATION." Memorandum from City Clerk Elaine Doerfling dated October 3, 1994. At the request of City Manager Burrell, this item was heard with item 7 but is shown in order for clarity. Action: To adopt Ordinance No. 94-1118, with the direction to staff to return as soon as possible with an Ordinance related to the placement and display of adult magazines in stores. Motion Bowler, second Mayor Benz. AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSENT: Oakes 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:26 P.M., as it had not reached the advertised time for the public hearings or the hearing, the order of the agenda was suspended to go to item 7. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO THE ZONING ORDINANCE IN REGARD TO T HE 17' GARAGE SETBACK, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum from Community Development Director Sol Blumenfeld dated September 27, 1994. (This item will be continued to October 25, 1994) At 8:02 P.M., Mayor Benz announced that this item would be continued to the next meeting in order to be heard by a full Council. He opened the public hearing for anyone who wished to speak on this item tonight. No one came forward to address the Council on this item. The public hearing was then closed and continued to the Regular Meeting of October 25, 1994. 5.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION FOR GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum from Community Development Director Sol Blumenfeld dated September 29, 1994. (This item will be continued to October 25, 1994) At 8:03 P.M., Mayor Benz announced that this item would be continued to the next meeting in order to be heard by a full Council. He opened the public hearing for anyone who wished to speak on this item tonight. No one came forward to address the Council on this item. The public hearing was then closed and continued to the Regular Meeting of October 25, 1994. HEARINGS 6.AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS - EMPLOYEES AND BOARDS/COMMISSIONS. Memorandum from City Clerk Elaine Doerfling dated September 29, 1994. City Attorney Vose responded to Council questions regarding a Code of Ethics with more stringent City requirements and said he would present to the Council as a whole the response from the FPPC to an earlier letter from Councilmember Bowler on the subject. City Manager Burrell also responded to Council questions. The hearing opened at 8:09 P.M. As no one came forward to address the Council on this item, the hearing closed at 8:09 P.M. Action: To approve the staff recommendation to adopt Resolution No. 94-5707, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 92-5578, APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS (EMPLOYEES AND BOARD/COMMISSION MEMBERS), AND DESIGNATING THE FILING OFFICER." Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. At 8:13 P.M. the order of the agenda was suspended to go to item 12. MUNICIPAL MATTERS 7.DISCUSSION OF C.U.P. REQUIREMENTS FOR OFF-SALE ALCOHOL ESTABLISHMENTS. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 1994. Item 2(a), Consent Ordinance No. 94-1118, was heard with this item. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Vose and City Manager Burrell also responded to Council questions. The subsequent action of the adoption of Ordinance No. 94-1118 is shown in item 2(a) for clarity. At 8:02 P.M. the order of the agenda was returned to item 4. 8.UNDERGROUND UTILITY DISTRICTS - FUNDING OPTIONS. Memorandum from Public Works Director Amy Amirani dated October 4, 1994. (Heard at 9:15 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to assist residents interested in forming underground utility districts as requested, with the direction to staff to return with an information item that shows the average cost per parcel rather than the cost per lineal foot. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. 9.REQUEST FOR THE AWARD OF A SOLE SOURCE BID FOR RECODIFICATION OF THE MUNICIPAL CODE. Memorandum from City Clerk Elaine Doerfling dated October 4, 1994. (Heard at 9:18 P.M.) City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)approve the award of a "sole source" bid to Book Publishing Company for the recodification of the Hermosa Beach Municipal Code, to disk only, in the amount of 13,800, (with a possible five percent contingency of 690) from the 16,000 approved for recodification in the FY 1994-95 budget; and, 2)authorize the City Manager to sign the contract. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. 10. STORM WATER AND URBAN RUNOFF POLLUTION CONTROLS ORDINANCE, with Ordinan ce No. 94-1113 for re-introduction. Memorandum from City Manager Stephen Burrell dated October 6, 1994. (Heard at 9:22 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to reintroduce Ordinance No 94-1113. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action: To waive further reading of Ordinance No. 94- 1113, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS." Motion Reviczky, second Mayor Benz. AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSENT: Oakes 11. CONSIDERATION OF AMENDMENT TO MUNICIPAL CODE TO PROVIDE A PERMIT PROCESS TO ALLOW CONSUMPTION OF ALCOHOL ON CITY PROPERTY, with Ordinance for introduction. Memorandum from City Manager Stephen Burrell dated October 6, 1994. (Heard at 9:07 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Action: To introduce Ordinance No. 94-1119, with the understanding that staff will return with a Resolution setting out guidelines that include: 1)permits for consumption of alcohol on authorized City owned properties shall be issued by the Community Resources Department; 2)only areas that City Council has authorized of: a)Pier Avenue from Hermosa Avenue to the Strand; b)Clark Stadium Field; c)Valley Park; d)South Park; and, e)Community Center grounds; 3)permits may be issued only to Hermosa Beach non-profit community benefit organizations; 4)all applicants must comply with the Department of Alcoholic Beverage Control (ABC) rules and regulations; and, 5)all applicants must comply with all City rules and regulations including providing required insurance, Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action: To waive further reading of Ordinance No. 94- 1119, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 21 OFFENSES-MISCELLANEOUS, SECTION 21-23 OF THE HERMOSA BEACH MUNICIPAL CODE, REGARDING CONSUMPTION OF ALCOHOLIC BEVERAGES ON STREET, PLAYGROUNDS OR PLACES OPEN TO THE PUBLIC." Motion Edgerton, second Mayor Benz. AYES: Bowler, Edgerton, Reviczky, Mayor Benz NOES: None ABSENT: Oakes 12. EXTENSION OF TIDELANDS OIL LEASE: FORCE MAJEURE PROVISIONS. Memorandum from City Manager Stephen Burrell dated October 6, 1994. Supplemental letter from Macpherson Oil delivered at the meeting. Councilmember Reviczky declared a potential conflict of interest due to living within the project perimeters and left the dais and the room at 8:14 P.M. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:20 P.M. Coming forward to address the Council on this item were: Don Ford - Attorney for Macpherson Oil, said his client would stipulate to 90 days less on the count of days remaining; Tom Morley - 516 Loma Drive, said he thought the time spent getting approval from the State Lands Commission should be counted; said the public needs more information as the information given in the report is not adequate or complete; asked that this decision be postponed for a full Council; and, Don Ford - Attorney for Macpherson Oil, responded to comments made by Mr. Morley. Public participation was closed at 8:28 P.M. and reopened at 8:30 P.M. Coming forward to address the Council at this time were: Don Ford - Attorney for Macpherson Oil, said his client did not object to the count of 362 days remaining, but did object to the determination that force majeure does not continue to exist; Rosamond Fogg - 610 Sixth Street, responded to comments made by Mr. Ford; questioned the amount of time remaining and the method of counting the days; Chris Smith - 311 28th Street, spoke in favor of the oil lease; said the City should honor its signed contract as the City needed the revenue; said Long Beach used its Tidelands Oil money for projects a certain distance onshore and if Hermosa Beach used an equal distance it probably could maintain parks and City areas as far east as Pacific Coast Highway; and, Pete Tucker - 235 34th Street, suggested that if the oil lease was not currently in effect, that the City wait until after the Lawsuit was decided to sign a new lease. Public participation closed at 8:45 P.M. Action: To make the determination that: 1)the time remaining on the primary term of the lease is 362 days, with the understanding that if the final day fell on a week-end or Holiday the count would continue to the next business day; and, 2)force majeure will not continue to exist after October 12, 1994, with the understanding that henceforth there be strict compliance with the terms of the lease that require written notice of any unavoidable delays. Motion Bowler, second Edgerton. The motion carried, noting the dissenting vote of Benz, the absence of Oakes, and the abstention of Reviczky. The meeting recessed at 8:47 P.M. The meeting reconvened at 9:07 P.M. and went to item 11. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 15. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward at this time to address the Council. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 11, 1994 at the hour of 9:25 P.M. to a closed session which convened at the hour of 9:40 P.M. for the purpose of Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code Section 54956.9(c), one potential case. The closed session adjourned at 10:10 P.M. to the Regular Meeting with no decisions made requiring public announcement. The Regular Meeting adjourned at the hour of 10:11 P.M. to the Regular Meeting of Tuesday, October 25, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on October 25, 1994, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Carol Baker, Daily Breeze ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PROCLAMATION: BUCKLE UP FOR LIFE CHALLENGE - 1994-95 Mayor Benz read the proclamation, declared the remaining holiday months of 1994 and all of 1995 as the Buckle up for Life Challenge and encouraged citizens to use their seat belts and child safety seats each and every time they travel in a motor vehicle. JAZZ WEST COAST - October 27 - 30, 1994 Mayor Benz read the proclamation, said the Jazz West Coast event will take place at the Holiday Inn Crowne Plaza in Redondo Beach from October 27 through 30, 1994 and urged all residents to take time to enjoy this celebration. PRESENTATIONS: Presentation of 1993 PEDESTRIAN SAFETY AWARD from the Automobile Club of Southern California A.A.A. to Police Chief Val Straser from Bill Sauber of the Manhattan Beach A.A.A., who said this was the second year in a row that Hermosa Beach had received this award and congratulated Chief Straser and the Hermosa Beach Police Department on this accomplishment. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Eleanor Lynn - representing the Hermosa Beach Women' Club, reminded the Council that they had all promised to come and work at the Women's Club "Flap-Jack Fest", to be held this coming Sunday, October 30, 1994 from 8:00 A.M. until noon at the Clark building on Valley Drive; and invited everyone to attend the fund-raising breakfast as tickets could be purchased at the door for 5 per adult and 3 per child; Betty Ryan - 2240 Monterey Blvd., submitted information directly to the Council, requested that the Council define two terms found in the Zoning Code: "surrounding lot pattern" and " surrounding lot area"; Mayor Benz directed, with the consensus of the Council, that staff return with a report clarifying those two definitions. Continuing to come forward to address the Council were: Chris Smith - 311 28th Street, submitted a letter directly to the Council, spoke regarding the Macpherson Oil contract and said the Council had two option: 1) to continue in good faith with the contract and face a legal challenge from "Stop Oil", in which case Macpherson would be liable for the legal fees; or 2) void the contract and face a lawsuit from Macpherson Oil, in which case the City would be wholly liable for the legal fees; Pat Davis - representing Macpherson Oil, submitted renderings of the oil project site, without a derrick, directly to the Council; said that tidelands oil money could be used to renovate the Pier; Karen Johnson - 608 Hollowell Avenue, said a prayer for the Council and the community; and, Rosamond Fogg - 610 Sixth Street, showed photos of drawings of the oil project site with a derrick. (b) WRITTEN COMMUNICATION 1)Letter from Rosamond Fogg dated October 17, 1994 regarding the extension of time on the Macpherson Oil Lease. Coming forward to address the Council on this item was: Rosamond Fogg - 610 Sixth Street, spoke to her letter; questioned the method used to determine the remaining time on the Macpherson Oil lease; questioned the City Attorney's opinion that allowed litigation to stop the count of days remaining on the lease; said the lease excluded litigation as an allowable reason to stop the count. Action: To receive and file. Motion Edgerton, second Mayor Benz. So ordered. At 7:39 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Oakes, (f) Bowler, (h) Reviczky, and (j) Bowler. Motion Bowler, second Mayor Benz. So ordered. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on October 4, 1994; and, 2)Minutes of the Regular meeting held on October 11, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of October 4, 1994 and the Regular Meeting of October 11, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTRAR AND TO APPROVE THE CANCELLATION OF CERTAIN WARRANTS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify check registrar numbers 1617 through 1704 inclusive, noting voided numbers 1626 through 1634 inclusive, and numbers 1677 and 1704, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the September, 1994 Financial Reports as presented. (e) RECOMMENDATION TO APPROVE REQUEST FROM ARTS HERMOSA OF A STREET CLOSURE FOR PIER AVENUE FROM VALLEY DRIVE WEST TO THE STRAND FROM 4:00 P.M., DECEMBER 31, 1994 TO 2:00 A.M., JANUARY 1, 1995 FOR "FIRST NIGHT" EVENT. Memorandum from Community Resources Director Mary Rooney dated October 17, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to allow Arts Hermosa to make a public presentation. Coming forward to address the Council on this item was: Dragana Bajalovic - Arts Hermosa Director, showed a diagram detailing where performing venues would be held; spoke regarding the festival and explained that on December 31, 1994, from 5:30 P.M. until 11:30 P.M., there would be a variety of art activities encompassing both the visual and performing arts, then at 11:30 P.M. a procession would guide all participants to lower Pier Avenue for music, dancing and the countdown to midnight; showed the Arts Hermosa tee-shirt, saying it was on sale for 14 and that tickets for "First Night" were also on sale. Community Resources Director Rooney responded to Council questions. Action: To approve the Downtown Business Area Enhancement District Advisory Commission and staff recommendation to: 1)approve the street closure of Pier Avenue, from Valley Drive west to the Strand, to vehicular traffic from 4:00 P.M. on Saturday, December 31, 1994 to 2:00 A.M. on Sunday, January 1, 1995, as requested by Arts Hermosa, subject to the conditions required of Arts Hermosa listed in the analysis of: a)2 million dollars of comprehensive and general liability insurance; b)indemnify the City; c)cost of Police Officers assigned by Chief of Police to ensure event safety and traffic control; d)provision of adequate portable toilets and trash receptacles; e)sole responsibility for event management; f)post temporary "no parking" signs; and, g)abide by any additional policies or appropriate fees as established by the City; 2)approve an allocation of 5,000 from the Downtown Business Area Enhancement District Advisory Commission for the event; and, 3)approve the fee waivers as listed in the analysis of: a)Civic Theater rental fees/damage deposits (estimated at 3,000); b)meter buy-out fees (15.50 per meter per day); c)non-profit special event fees (1.50 per participant); and, d)sign review fee (86.75 for wall mural at Video Archives), with the understanding that Council will be informed of the final plan for the event. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING GUIDELINES FOR REGULATING THE CONSUMPTION OF ALCOHOL ON CITY PROPERTY. Memorandum from Community Resources Director Mary Rooney dated October 18, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting due to questions regarding indemnification of the City for alcohol consumption. Community Resources Director Rooney responded to Council questions and said that this issue would be sent to the City Attorney for his opinion. Action: To approve the staff recommendation to adopt Resolution No. 94-5708, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 21-23 OF THE MUNICIPAL CODE TO ALLOW CONSUMPTION OF ALCOHOL AT PUBLIC OUTDOOR FACILITIES SUBJECT TO A PERMIT." Motion Bowler, second Edgerton. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE REPORT ON "EMERGENCY GENERATOR CAPABILITY IN LOCAL GROCERY STORES WITH INCENTIVE PROGRAM TO PROVIDER" AND PROPOSE AN INCENTIVE PROGRAM TO GENERATOR PROVIDER. Memorandum from Police Chief Val Straser dated October 13, 1994. Action: To approve the staff recommendation to: 1)receive and file the report; 2)propose incentive program to generator provider; and, 3)direct staff to implement the incentive program. (h) RECOMMENDATION TO APPROVE CITY COUNCIL MEETING SCHEDULE FOR 1995. Memorandum from City Manager Stephen Burrell dated October 11, 1994. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to questions regarding meeting schedules. Action: To approve the staff recommendation to approve the City Council meeting schedule for 1995 for the second Tuesday of each month and the fourth Tuesday of each month except for August and December (one meeting only in these two months), with the understanding that the meeting before and after the deleted second meeting in August, 1995 would not be "loaded-up". Motion Reviczky, second Bowler. The motion carried by a unanimous vote, (i) RECOMMENDATION TO APPROVE STREET CLOSURE OF PIER AVENUE BETWEEN BEACH DRIVE AND THE STRAND ON NOVEMBER 27TH AND DECEMBER 4TH, 11TH & 18TH TO HOLD OPEN AIR "JAZZ CONCERTS" SPONSORED BY THE CHAMBER OF COMMERCE AND ALLOW RETAIL MERCHANTS ON LOWER PIER AVENUE TO DISPLAY GOODS ON THE SIDEWALK AREA OUTSIDE THEIR BUSINESSES DURING THESE EVENTS, AND APPROVE THE BAGGING OF PARKING METERS IN THE DOWNTOWN BUSINESS DISTRICT FROM NOVEMBER 21ST THROUGH DECEMBER 26TH TO PROVIDE 2 HOUR FREE PARKING DURING THE HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated October 18, 1994. Action: To approve the Downtown Business Area Enhancement District Advisory Commission and staff recommendation to: 1)approve the request from the Hermosa Beach Chamber of Commerce to hold open air "Jazz Concerts" on Pier Avenue between Beach Drive and The Strand on the following dates: Sunday, November 27; Sunday, December 4; Sunday, December 11; and Sunday, December 18, 1994, closing that section of Pier Avenue from vehicular traffic from 11:00 A.M. until 5:00 P.M.; 2)allow retail merchants on lower Pier Avenue to display goods on the sidewalk area outside their businesses, with the stipulation that a minimum of 36 inches remain clear for pedestrian traffic; and, 3)approve the bagging of parking meters in the downtown area in order to offer two (2) hours of free parking to shoppers between November 21 and December 26, 1994, (j) RECOMMENDATION TO ADOPT A RESOLUTION TO AMEND THE COASTAL LAND USE PLAN, INCORPORATING THE MODIFICATIONS OF THE COASTAL COMMISSION AND APPROVE THE DOWNTOWN PARKING UTILIZATION SURVEY. Memorandum from Community Development Director Sol Blumenfeld dated October 20, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in order to congratulate staff and everyone else involved with the new parking regulations as the downtown area was already showing the revitalizing effect of these new regulations. Action: To approve the staff recommendation to: 1)adopt Resolution No. 94-5709, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE POLICIES OF THE CITY'S CERTIFIED COASTAL LAND USE PLAN IN REGARD TO PARKING REQUIREMENTS IN THE DOWNTOWN, AS SET FORTH IN RESOLUTION 94-5657, AND AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION."; AND, 2)approve the downtown parking utilization survey (prepared by IBI Consultants) by minute order, in order to comply with the required finding of 1(c) of the amended Land Use Plan, with the survey showing: a)Area I (downtown area west of Manhattan Avenue) i)off-street private parking of 310 spaces utilized at: 45% at 10:00 A.M.; 50% at 12:30 P.M.; 53% at 2:00 P.M.; and, 51% at 4:00 P.M. ii) off-street public parking of 318 spaces utilized at: 35% at 10:00 A.M.; 65% at 12:30 P.M. 70% at 2:00 P.M.; and, 64% at 4:00 P.M. iii) on-street metered parking of 427 spaces utilized at: 68% at 10:00 P.M.; 89% at 12:30 P.M.; 85% at 2:00 P.M.; and, 85% at 4:00 P.M. iv) total parking of 1,055 spaces for Area I utilized at: 52% at 10:00 A.M.; 70% at 12:30 P.M.; 73% at 2:00 P.M.; and, 71% at 4:00 P.M. b)Area II (Pier Avenue between Valley Drive and Manhattan Avenue) i)off-street private parking of 226 spaces utilized at: 19% at 10:00 A.M.; 26% at 12:30 P.M.; 26% at 2:00 P.M.; and, 32% at 4:00 P.M. ii) off-street public parking - none iii) on-street metered parking of 137 spaces utilized at: 55% at 10:00 A.M.; 76% at 12:30 P.M.; 80% at 2:00 P.M.; and, 69% at 4:00 P.M. iv) total parking of 363 spaces for Area II utilized at: 33% at 10:00 A.M.; 48% at 12:30 P.M.; 46% at 2:00 P.M.; and, 46% at 4:00 P.M. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1113 - 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS IN ACCORDANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS.2 Memorandum from City Clerk Elaine Doerfling dated October 18, 1994. Action: To adopt Ordinance No. 94-1113. Motion Reviczky, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None b.ORDINANCE NO. 94-1119 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 21 OFFENSES - MISCELLANEOUS, SECTION 21-23 OF THE HERMOSA BEACH MUNICIPAL CODE, REGARDING CONSUMPTION OF ALCOHOLIC BEVERAGES ON STREETS, PLAYGROUNDS OR PLACES OPEN TO THE PUBLIC." Memorandum from City Clerk Elaine Doerfling dated October 18, 1994. Action: To adopt Ordinance No. 94-1119. Motion Bowler, second Reviczky. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (f), (h), and (j) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 8:50 P.M. The meeting reconvened at 9:08 P.M. and suspended the order of the agenda to go to item 7. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO THE ZONING ORDINANCE IN REGARD TO THE 17' GARAGE SETBACK, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, with Ordinance for introduction (Continued from meeting of October 11, 1994). Memorandum from Community Development Director Sol Blumenfeld dated September 27, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Vose also responded to Council questions. The continued public hearing re-opened at 7:51 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:51 P.M. Proposed Action: To send the item back to staff for clarification and detailing the areas that may be exempt from future sidewalks. Motion Edgerton. The motion died due to the lack of a second. Action: To introduce Ordinance No. 94-1120, with the direction to staff to return, before the effective date of the Ordinance, with a precise list of sidewalk areas. Motion Oakes, second Mayor Benz. The motion carried, noting the dissenting vote of Edgerton. Final Action: To waive further reading of Ordinance No. 94-1120, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1157(C) IN REGARD TO SETBACK REQUIREMENTS FOR PARKING GARAGES AND PARKING STALLS TO MEASURE SAID SETBACK FROM THE EDGE OF THE NEAREST PUBLIC SIDEWALK OR STREET IMPROVEMENT RATHER THAN THE PROPERTY LINE AND ADOPTION OF A NEGATIVE DECLARATION." Motion Mayor Benz, second Bowler. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 5.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION FOR GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. (Continued from meeting of October 11, 1994)Memorandum from Community Development Director Sol Blumenfeld dated September 29, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The continued public hearing re-opened at 8:10 P.M. Coming forward to address the Council on this item was: Dean Nota - 2467 Myrtle Avenue, said he felt the Ordinance was ambiguous and that most lots in the City would require a Planning Commission decision regarding allowable height; said he thought the Ordinance was wrong because it encouraged people to build structures that block the view of others. The public hearing closed at 8:17 P.M. Action: To send the item back to staff for clarification in order to define unusual and extreme conditions on a lot that would require Planning Department approval. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. At 8:30 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 6.SOUTH PARK - APPROVAL OF PLANS AND SPECIFICATIONS. Memorandum from Public Works Director Amy Amirani dated October 17, 1994. This item was heard at 9:36 P.M. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 9:39 P.M. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, questioned the costs of the project. Public participation closed at 9:42 P.M. Action: To approve the staff recommendation to: 1)approve the Construction Documents for the South Park Project prepared by J.F. Davidson & Associates, Inc. consisting of: a)demolition and removal; b)earthwork and grading; c)soil import; d)soil preparation; e)construction of main parking lot; f)construction of the deceleration lane on Valley Drive; g)installation of concrete walkways; h)construction of retaining walls; i)construction of the asphalt play court; j)installation of the irrigation system; k)installation of security lighting conduit; l)installation of drinking fountains, bike racks and trash containers; m)hydroseeding of turf areas; n)hydroseeding of slope areas; o)planting of 1 and 5 gallon shrubs; and, p)planting of 15 gallon and 24" box trees, at an estimated cost of 296,576.44 and a completion date estimated for September 4, 1995; and, 2)direct staff to advertise and open competitive bids for the construction of Phase I of the South Park Project, with the understanding that if Phase I comes in under budget, the item will be brought before Council to determine which items in Phase II should be funded. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 7.MUNICIPAL PIER SCHEMATIC DESIGN. Memorandum from Assistant City Manager Mary Rooney dated October 17, 1994. Assistant City Manager Rooney presented the staff report, responded to Council questions, and introduced representatives from Kirkpatrick Associates. Grant Kirkpatrick - architect, gave the presentation and spoke of revisions to the schematic design which included the Plaza area, view orientation, bikepath reconsideration, a cafe at the end of the Pier, and the separation of fishing from promenade and dinning on the Pier; responded to Council questions. Public participation opened at 9:30 P.M. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, questioned where the funding for the project would come from; said this was much more than just renovating the Pier as it encompassed lower Pier Avenue and the Lifeguard headquarters as well; expressed concerns regarding overhead casting by fishermen on the Pier. Public participation closed at 9:35 P.M. Action: To approve the staff recommendation to: 1)approve the schematic design for the Pier presented by Kirkpatrick Associates; 2)provide Council recommendations; 3)accept Kirkpatrick Associate's work as complete; 4)direct staff to prepare a Request for Proposals (RFP) for final design, construction documents and construction management; and, 5)direct staff to search for sources to fund future phases of the project, with the understanding that the construction documents be prepared to allow different areas of the project to be contracted separately, such as the Lifeguard Headquarters remodel. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. At 9:37 the order of the agenda was returned to item 6. 8.CONSIDERATION OF COMPLIANCE WITH WRIT OF MANDATE - CLARK V. CITY OF HERMOSA BEACH. Oral Report from City Attorney Charles Vose. City Attorney Vose presented his report and responded to Council questions. Action: To have this matter referred to staff to set for a public hearing. Motion Bowler, second Reviczky. The motion carried, noting the abstaining votes of Edgerton and Mayor Benz. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.County Library Funding Restoration to 1992-93 Levels. Memorandum from City Manager Stephen Burrell dated October 20, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to fully develop the entire package to form a City operated Library, including the necessary steps to withdraw from the Los Angeles County Library System, and refrain from providing notice of intent to withdraw until December, 1995. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.Vacancies - Boards and Commission Appointment - Civil Service Board - Expiration of one term. Memorandum from City Clerk Elaine Doerfling dated October 20, 1994. City Clerk Doerfling responded to Council questions. Action: To direct staff to set a Council interview of the two applicants for the next Regular Meeting of Tuesday, November 8, 1994 at the hour of 6:30 P.M. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. b.Beach Cities Toy Drive. Memorandum from City Manager Stephen Burrell dated October 18, 1994. Action: To approve the staff recommendation to approve the placement of a bin in the City Hall parking lot from November 1 through December 25, 1994 for the collection of toys by the Beach Cities Toy Drive, noting that toys also would be collected at the Fire Department starting November 1, 1994. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Parker Herriott - 224 24th Street, attempted to ask personal questions of a Councilmember regarding events that had occurred 25 years ago and in another state, and was told by Mayor Benz and City Attorney Vose that this was not within the jurisdiction of the Council; and, Pat Davis - representing Macpherson Oil, spoke regarding the Oil Project; said there were two different types of oil rigs, one is a drilling rig which is 120 feet tall and would be up less than three years, the other is a service rig which is not owned by the oil company, must be rented by the day, and would be up a maximum of 90 days. Councilmember Reviczky spoke of his recent trip to the Hermosa Beach Sister City of Loreto, Mexico, and said that he had brought back a Resolution from the Mayor of Loreto that would be presented at the next meeting. Mr. Reviczky said that Loreto was celebrating its 297th anniversary and would send a delegation to Hermosa Beach in late November or early December of this year. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 25, 1994 at the hour of 10:12 P.M. to the Regular Meeting of Tuesday, November 8, 1994 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 8, 1994, at the hour of 7:05 P.M. PLEDGE OF ALLEGIANCE - Chip Scholz, Browning-Ferris Industry ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Pro Tempore Bowler Absent: Mayor Benz ANNOUNCEMENT:VETERAN'S DAY OBSERVANCE HERMOSA BEACH VETERAN'S MEMORIAL FRIDAY, NOVEMBER 11, 1994 AT 6:00 PM PIER AVENUE & PACIFIC COAST HIGHWAY Councilmember Reviczky announced that a Veteran's Day Observance would be held at the Veteran's Memorial, at Pacific Coast Highway and Pier Avenue, on the Community Center lawn on Friday, November 11, 1994 at 6:00 P.M. PROCLAMATION:PROCLAMATION TO THE SISTER CITY ASSOCIATION FROM THE MAYOR OF LORETO, MEXICO Councilmember Reviczky read the proclamation from the Mayor of Loreto, Mexico thanking the Sister City delegation from Hermosa Beach for its attendance at the celebration of the 297th anniversary of the founding of Loreto. PRESENTATIONS: PRESENTATION OF PLAQUE OF APPRECIATION TO BROWNING FERRIS INDUSTRIES FROM THE HERMOSA BEACH CHAMBER OF COMMERCE Gloria Anderson of the Hermosa Beach Chamber of Commerce presented a plaque of appreciation to Chip Scholz of Browning- Ferris Industries for all of his help on community projects. PRESENTATION OF A CHECK FOR 2,500 FROM THE HERMOSA BEACH CHAMBER OF COMMERCE TO THE CITY FOR THE PURCHASE OF HOLIDAY STREET BANNERS Chamber of Commerce President John Workman presented a check in the amount of 2,500 to Mayor Pro Tempore Bowler for the purchase of Holiday street banners. Mayor Pro Tempore Bowler thanked the Chamber on behalf of the City for its donation. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Three representatives from the Women's Club to present "thank you" gifts of candy to Councilmembers and staff for their help with the fund raising "Flap-Jack Fest"; Gary Wayland - 1097 Aviation Blvd., representing "Vision Hermosa", spoke to item 13(a) saying that "Vision Hermosa" had received funding from a grant source to sponsor meetings to devise a program to promote new business in the downtown area and would be announcing the appointment of a Business Development Officer in the near future; and, Rosamond Fogg - 610 Sixth Street, challenged some statements made by a representative of Macpherson Oil at the previous Council Meeting; said a new C.U.P. should limit the service rig use to 90 days. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (h) Mayor Pro Tempore Bowler. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on October 25, 1994; and, 2)Minutes of the Regular meeting held on October 25, 1994. Action: To approve the minutes of the Special Meeting of October 25, 1994 and the Regular Meeting of October 25, 1994 as presented. (Mayor Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER. Action: To ratify, as presented, the check register numbers 1790 through 1918 inclusive, noting voided numbers 1795, 1796, 1797, 1798 and 1850. (Mayor Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Benz absent) (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.Memorandum from Personnel Director Robert Blackwood dated October 25, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1)Claimant: Lutz, Arnold Date of Loss:9/20/94 Date Filed: 10/11/94 Allegation: Claimant alleges 20 parking ticket excessive; requests "reimbursement of the excessive,punitive 20 parking ticket plus 5,000 in compensatory and punitive damages." (Mayor Benz absent) (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated October 20, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist, Administrative Aide and a Senior Building Inspector in the Community Development Department pending final determination of the structure of that department. (Mayor Benz absent) (f) RECOMMENDATION TO ACCEPT THE CABLE TELEVISION ADVISORY BOARD'S WORK AS COMPLETE AND DISSOLVE THE CURRENT BOARD. Memorandum from Assistant City Manager Mary Rooney dated October 31, 1994. Action: To approve the staff recommendation to: 1)accept the Cable Television Advisory Board's work as complete and dissolve the current Board; 2)direct staff to return with an Ordinance to amend Ordinance No. 94-1116 in order to add a provision to include the formation of an Advisory Board for the next franchise renewal; and, 3)receive and file this report. (Mayor Benz absent) (g) RECOMMENDATION TO APPROVE REQUEST FROM THE REDONDO BEACH CHAMBER OF COM MERCE AND MARK CONTE PRODUCTIONS TO ALLOW A 30 MINUTE UTILIZATION OF HERMOSA AV ENUE AT EIGHTH STREET FOR THE 4TH ANNUAL SUPER BOWL MILE RUN ON JANUARY 29, 1995 AND WAIVE ALL SPECIAL EVENT FEES, FILM PERMIT AND LOCATION FEES. Memorandum from Community Resources Director Mary Rooney dated October 31, 1994. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from the Redondo Beach Chamber of Commerce and Mark Conte Productions to allow: 1) the use of the west side of Hermosa Avenue from Eighth Street to Herondo for approximately 30 minutes beginning at 7:00 A.M. (opening the street to traffic at 7:30 A.M.) on Sunday, January 29, 1995 for the start of the one-mile elite race; and, 2)waive all special event, film permit and location fees, subject to the following conditions: a)certificate of insurance to be provided by event organizers naming the city of Hermosa Beach as an additional insured; b)event organizers to pay for an off duty police officer (2 hour minimum) while event is held within the City limits; c)event organizers to notify the affected residents in writing, with the notification letter to be approved by Community Resources staff; d)event organizers shall provide City staff with a radio for communication purposes; e)event organizers to identify by placard all event vehicles; f)starting gun shall be examined and operator briefed prior to race start by a Hermosa Beach Police Officer; g)commercial sponsors, banners and the like shall be approved by the City; and, h)identify Hermosa Beach in any and all television credits. (Mayor Benz absent) (h) RECOMMENDATION FOR AWARD OF BID FOR TWO UTILITY TRUCKS AND A DUMP TRUCK.Memorandum from Public Works Director Amy Amirani dated November 1, 1994. This item was removed from the consent calendar by Mayor Pro Tempore Bowler for separate discussion later in the meeting, in order to discuss the possibility of purchasing alternate fuel vehicles. City Manager Burrell responded to Council questions and said that alternative fuel was not cost effective for large vehicles at this time. Action: To approve the staff recommendation to award a bid of purchase for: 1)a 1995 one-ton dump truck to Golden State Ford for a cost of 21,783; 2)a 1995 one-ton electric utility truck to Downey Ford for a cost of 23,9 63.59; and, 3)a 1995 one-ton sewer utility truck to Downey Ford for a cost of 25,801. 28,and to appropriate: 4)(a)an additional 5,747 from the Street Lighting District Fund for the purc hase of the dump truck and the electrical utility truck; and, 4)(b)an additional 5,802 from the Sewer Fund for the purchase of the sewer u tility truck. Motion Mayor Pro Tempore Bowler, second Edgerton. The motion carried by a unan imous vote, noting the absence of Mayor Benz. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1120 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1157(C) IN REGARDS TO SETBACK REQUIREMENTS FOR PARKING GARAGES AND PARKING STALLS TO MEASURE SAID SETBACK FROM THE EDGE OF THE NEAREST PUBLIC SIDEWALK OR STREET IMPROVEMENT RATHER THAN THE PROPERTY LINE AND ADOPTION OF A NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 31, 1994 Action: To adopt Ordinance No. 94-1120. Motion Reviczky, second Mayor Pro Tempore Bowler. AYES:Oakes, Reviczky, Mayor Pro Tempore Bowler NOES:Edgerton ABSENT: Mayor Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. As the hour of 7:30 P.M. had not quite arrived (as advertised for the public hearings), Mayor Pro Tempore Bowler reminded the viewing audience that the polls would be open for another half hour and urged everyone who had not voted to do so. Mayor Pro Tempore Bowler also announced that there was to be a meeting at 9:00 A.M., Thursday, November 10, 1994, at the Clark Building to welcome the "Film Industry" back to Hermosa Beach and invited everyone interested to attend. PUBLIC HEARINGS 4.SPECIAL STUDY AND TEXT AMENDMENT TO ADD A DEFINITION AND METHOD OF DETERMINATION OF GRADE FOR THE PURPOSE OF MEASURING BUILDING HEIGHT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. (Continued from meetings of 10/11/94 & 10/25/94)Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated October 31, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:37 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:37 P.M. Action: To introduce Ordinance No. 94-1121 . Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz. Final Action: To waive further reading of Ordinance No. 94-1121, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE, SECTION 208, IN REGARD TO DEFINITIONS AND METHODS FOR DETERMINING BUILDING HEIGHT AND GRADE, AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Reviczky, second Oakes. AYES: Edgerton, Oakes, Reviczky, Mayor Pro Tempore Bowler NOES: None ABSENT: Mayor Benz 5.REFINANCING OF THE VONS CENTER PARKING FACILITIES -- PUBLIC HEARING REQUIRED BY I.R.S. REGULATIONS, with a Resolution for adoption. Memorandum from City Manager Stephen Burrell dated November 3, 1994. City Manager Burrell presented the staff report and responded to Council questions. City Manager Burrell said that the City Council would meet as the Parking Authority at the Regular Meeting of November 22, 1994 to grant approval of refinancing 6,400,000 in certificates of participation, that the refinancing would not change or increase the City's liability in any way, and t hat the agreement to allow the parking structure to be public parking would be extended for the 30-year life of the C.O.P.s. Mayor Pro Tempore Bowler declared that the matter now before the Council was the request for approval of the execution and delivery of refunding certifi cates of participation by the Parking Authority of the City of Hermosa Beach. The pr oceeds of the refunding certificates of participation were to be used to refinance a p ublic parking structure with a capacity of approximately 460 cars located in the City of Hermosa Beach between Pier Avenue and 16th Street adjacent to the Plaza Hermosa Shopping Center. The parking structure was originally financed in 1983 with t he proceeds of certificates of participation, The parking structure is owned and operated by JMB Income Properties, Ltd. XII, an Illinois partnership. Mayor Pro Tempore Bowler continued that a public hearing held and followed by an approval by the City Council was required before any certificates of partici pation may be executed, sold and delivered by the Parking Authority, and that notice o f this public hearing was duly published in accordance with the requirements of federal law on October 25, 1994 in the "Daily Breeze" and "The Register". Mayor Pro Tempore Bowler said that no written communications in response to the published notice had been received and that anyone wishing to speak on the execution and delivery of the refunding certificates of participation or th e project could now be heard. The public hearing opened at 8:01 P.M.As no one came forward to address the Council on this item, the public hearing closed at 8:01 P.M. Action: To adopt Resolution No. 94-5710, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC HEARING AS REQUIRED BY SECTION 146(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED , PERTAINING TO THE REFINANCING OF PARKING FACILITIES BY A THE PARKING AUTHORITY OF THE CITY OF HERMOSA BEACH." Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz. MUNICIPAL MATTERS 6.NAMING PARKS: SOUTH SCHOOL & BILTMORE SITE. Memorandum from Community Resources Director Mary Rooney dated October 31, 1994. Community Resources Director Rooney presented his report and responded to Council questions. Proposed Action: To name the Biltmore Park as "Jarvis Park" to honor the astronaut killed in the Shuttle explosion. Motion Edgerton, second Oakes. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Pro Tempore Bowler, noting the absence of Mayor Benz. Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to: 1)name the parks as "South Park" and "Biltmore Park" respectively to continue the historical significance of the names; and, 2)direct staff to seek potential corporate sponsors for each park. Motion Reviczky, second Mayor Pro Tempore Bowler. The motion carried, noting the dissenting vote of Edgerton and the absence of Mayor Benz. Proposed Action: To continue the naming of South Park until the Regular Meeting of November 22, 1994 for a full Council. Motion Edgerton. The motion died due to the lack of a second. 7.CITY ATTORNEY SELECTION PROCESS. Memorandum from City Manager Stephen Burrell dated November 2, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation: 1)that the City Council meet on Tuesday, November 15, 1994 at 7:00 P.M. for the purpose of a closed session meeting to make its preliminary selection(s) from among the Attorneys and firms submitting a response to the Request for Proposal for the City Attorney position; and, 2)that the City Council meet on Tuesday, November 29, 1994 (the hour to be determined by the number of Attorneys or firms selected) for the purpose of a closed session meeting in order to conduct interviews of the applicants selected. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 8.APPROVE THE PLANS AND SPECIFICATIONS FOR THE FY 94/95 STORM DRAIN IMPROVEMENT PROJECT (CIP 94-301). Memorandum from Public Works Director Amy Amirani dated November 1, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)approve the plans and specifications for the FY 1994-95 Storm Drain Improvement Project of 13th Street and Beach Drive and 17th Street and Beach Drive (CIP 94-391); and, 2)direct the Public Works Department to advertise for competitive bids for the construction contract for the FY 1994-95 Storm Drain Improvement Project. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. The meeting recessed at 8:24 P.M. The meeting reconvened at 8:37 P.M. 9.INFRASTRUCTURE MANAGEMENT SYSTEMS - SEWER & PAVEMENT ANALYSIS FOR THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Amy Amirani dated November 1, 1994. Public Works Director Amirani presented the staff report and introduced Dick Dorwick and David Haynes of ITX Technology. Mr. Dorwick showed a slide presentation of the ITX report on the condition of the sanitary sewer system and street pavement system within Hermosa to identify the areas most in need of repair or replacement. Mr. Dorwick said that 30 percent of the street system was in need of repair and 40 percent of th e sewer system was in immediate need of repair and another 30 percent of the sewers was on the verge of needing repair, he suggested that an additional 2,000,000 per year be considered added to the street repair budget. Action: To approve the staff recommendation to: 1)accept the Sewer and Pavement Management Studies as complete; 2)direct staff to prepare the scope of work and advertise a requests for bids to televise by closed circuit all sewer and storm drain lines within the C ity; 3)augment the Teledine Agreement to include preparation of the sewer plans and specifications in the existing Hermosa Avenue Project; and, 4)direct staff to work with consultants and prepare construction drawings and specifications for Monterey Boulevard, Beach Drive and Pier Avenue projects,with the direction that recommendation number 2 be divided into two bid packages, depending upon the condition of the sewers as identified by the ITX report. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 10. IMPROVEMENTS TO NORTHERN PORTION OF THE STRAND; RELOCATION OF BIKEWAY AND REVIEW OF DEED CONCERNING THE USE OF THE BEACH. Memorandum from City Manager Stephen Burrell dated November 3, 1994. City Manager Burrell presented the staff report and responded to Council questi ons. ity Attorney Vose also responded to Council questions. Action: To approve the staff recommendation to direct the City Attorney to: 1)prepare a final opinion of the uses permitted under the 1907 deed; and, 2)file a declaratory relief action on the deed. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.Vacancies - Boards and Commissions Appointment - Civil Service Board - Expiration of one term. Memorandum from City Clerk Elaine Doerfling dated November 1, 1994. Action: To reappoint John Wisdom to a four-year term on the Civil Service Board expiring on July 15, 1998. Motion Reviczky, second Oakes. The motion carried with no objections, noting the absence of Mayor Benz. 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Council member Edgerton for resolution of intent to study ways of directing marketing efforts toward attracting new daytime retail business on lower Pier Avenue. Action: Mayor Pro Tempore directed, at the request of Councilmember Edgerton and with the consensus of the Council, that this item be continued to the Regular Meeting of November 8, 1994. CITIZEN COMMENTS Coming forward to address the Council at this time were: Pat Davis - representing Macpherson Oil, said that Macpherson Oil intended to go forward with the oil project and felt the project could fit into one acre; and, Roy McNally - 207 29th Street, expressed disappointment at not being appointed to the Civil Service Board. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 8, 1994 at the hour of 9:47 P.M. to the Adjourned Regular Meeting of Tuesday, November 15, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of the selection of those Attorneys or firms to be issued an invitation to an interview for the position of City Attorney. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 22, 1994, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - J.R. Reviczky, Councilmember ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PRESENTATION:PRESENTATION OF CHECK FROM THE HERMOSA BEACH KIWANIS TO ARTS HERMOSA FOR FIRST NIGHT Dallas Yost, President of the Hermosa Beach Kiwanis Foundation, presented a check in the amount of 1,000 to John Scudder of Arts Hermosa for "First Night". ANNOUNCEMENT: Councilmember Reviczky noted that the Traveling Vietnam Memorial was once again in the South Bay area and would be on display at Edison Park, located on Marine between Aviation Boulevard and Prairie Avenue, and was now open to the public through next Saturday. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Betty Schultz - 670 Gould Avenue, presented photos to the Council and asked that they consider adopting a neighborhood impact report prior to the approval of new, or substantially increased remodel, projects; said that the new building at 631 Porter Lane detracted from her view, privacy, air space and property values; Chris Olsen - (no address given) offered a prayer; and, George Dispotes - 413 Tenth Street, Manhattan Beach, suggested that the Council request that the United States Congress purchase a fleet of water holding planes to fight fires in the case of a natural disaster or an emergency in this area. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR City Clerk Doerfling noted that item 1(a) contained the minutes for the Adjourned Regular Meeting of November 8, 1994 and the Regular Meeting of November 8, 1994 only and that the minutes of the Adjourned Regular Meeting of November 15, 1994 had been placed on the agenda in error and would be presented at the next meeting. Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Oakes and (i) Bowler. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on November 8, 1994; 2)Minutes of the Regular meeting held on November 8, 1994; and, 3)Minutes of the Adjourned Regular Meeting of November 15, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of November 8, 1994 and the Regular Meeting of November 8, 1994 as presented, and to continue the minutes of the Adjourned Regular Meeting of November 15, 1994 to the Regular Meeting of December 13, 1994. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER. Action: To ratify the check register, Numbers 1920 through 2051 inclusive noting voided numbers 1928 through 1935 inclusive and number 1978, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the October, 1994 Financial Reports as presented. (e) REQUEST FOR AUTHORIZATION FOR CITY CLERK TO ATTEND SEMINAR. Memorandum from City Clerk Elaine Doerfling dated November 3, 1994. Action: To approve the staff recommendation to authorize the City Clerk to attend the annual League of California Cities' City Clerks New Law and Election Seminar to be held Wednesday, November 30 through Friday, December 2, 1994 at the Sheraton Harbor Island Hotel, San Diego, from funds appropriated in the approved Fiscal Year 1994-95 budget. (f) REQUEST FROM L.A. COUNTY OFFICE OF EDUCATION FOR LEASE SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated November 15, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the three-year lease agreement between the Los Angeles County Office of Education and the City for the use of Room 17 in the Community Center at a rate of 856 per month (920 sq.ft. X .93 per sq.ft.) from December 1, 1994 through November 30, 1997, for an annual rental income of 10,272; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.Memorandum from Personnel Director Robert Blackwood dated November 16, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1)Claimant: Kimball, Robert Date of Loss:06/25/94 Date Filed :10/26/94 Allegation :Claimant alleges that while riding his bicycle on narrow bike path at, or near, 24th and Hermosa Avenue, he was forced to yield to oncoming cyclists and in so doing hit cut curb causing serious injury; 2)Claimant: Kushins, Edward Date of Loss:10/23/94 Date Filed :11/01/94 Allegation :Alleges loss related to sewer overflow caused by blockage in the City main sewer line; 3)Claimant: Kreft, Christine Date of Loss:05/07/94 Date Filed :11/07/94 Allegation :Alleges wrongful arrest and detainment; and, 4)Claimant: Schumacher, David Date of Loss:10/23/94 Date Filed :11/01/94 Allegation :Alleges loss related to sewer overflow caused by blockage in the City main sewer line. (h) RECOMMENDATION TO RECEIVE AND FILE THE CAPITAL IMPROVEMENT PROJECT PROGRAM STATUS REPORT. Memorandum from Public Works Director Amy Amirani dated November 15, 1994. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting to question the street rehabilitation No. 1 interface with other improvements in the area. Public Works Director Amirani and City Manager Burrell responded to Council questions. Action: To receive and file the Capital Improvement Program status report for Fiscal Year 1994-95 which reports on 28 active projects budgeted at 5,922,172. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE EXPENDITURE OF 1,500 FOR THE EMPLOYEE/COMMISSION RECOGNITION DINNER. Memorandum from City Manager Stephen Burrell dated November 17, 1994. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to say that he was in favor of this recognition dinner and to thank the employees and commissioners for their work. City Manager Burrell responded to Council questions. Mayor Benz asked if the 1,500 would cover the entire cost of the dinner and, when told that many people were also donating supplies and services, said that he was signing his Council salary check over to the dinner committee in order to purchase beverages. Action: To direct the City Manager to transfer funds in the amount of 1,500 for the Employee/Commissioner Recognition Dinner to be held at Clark Building on Saturday, December 17, 1994. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1121 - 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE, SECTION 208, IN REGARD TO DEFINITIONS AND METHODS FOR DETERMINING BUILDING HEIGHT AND GRADE, AND THE ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated November 14, 1994. Action: To adopt Ordinance No. 94-1121. Motion Reviczky, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:25 P.M., as the time advertised for item 4, the public hearing, had not arrived, the order of the agenda was suspended to go to item 5. PUBLIC HEARINGS 4.RECONSIDERATION OF PLANNING COMMISSION'S DECISION TO APPROVE AN AMENDMENT TO THE C.U.P. FOR AN EXISTING RESTAURANT WITH BEER AND WINE TO INCLUDE FULL ALCOHOL, EXTENDED HOURS UNTIL 2:00 A.M. AND ANCILLARY LIVE ENTERTAINMENT AND DANCING.Memorandum and Resolution for adoption from Community Development Director Sol Blumenfeld dated November 15, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. City Attorney Vose recommended changes to several conditions on page two and three of the Planning Commission resolution. The public hearing opened at 8:29 P.M. Coming forward to address the Council on this item was: Matt McDaniel - applicant, responded to Council questions; Alan Dettlebach - Planning Commissioner, agreed with Mayor Benz's comments that City policies need to be clarified in order for new businesses to know what they are required to do, and supported allowing uses to change to ensure successful businesses; Jerry Newton - Downtown Business Area Enhancement District Advisory Commissioner, suggested that the Downtown Business Area Enhancement District Advisory Commission, together with the Hermosa Beach Chamber of Commerce and Vision Hermosa, take City Council direction on what measures can be taken to bring more daytime business into the downtown area; Gary Wayland - Chamber of Commerce Business Advocacy Committee, spoke in support of sustaining the Planning Commission approval; said the applicant would run a quality business; George Dispotes - Manhattan Beach, suggested using an automated system to record decibel levels; and, Michael Stifano - 1704 Loma Drive, stated that requiring measures to abate noise when there is no evidence that there will be noise is ridiculous; said to just allow a business to come into the area and if a problem arises to deal with it at that time; and that if there is no market for the business being offered, it will go away, if there is a market the business will be successful. The public hearing closed at 8:50 P.M. City Attorney Vose said that the issue of an entertainment permit was not on tonight's agenda and would have to come back on a subsequent agenda. Action: To direct staff to place the issue of an entertainment permit on the agenda of the Regular Meeting of December 13, 1994. Motion Mayor Benz, second Oakes. The motion carried by a unanimous vote. Further Action: To sustain the Planning Commission approval of the Conditional Use Permit with the following changes to the conditions outlined in the Planning commission resolution: 1)Section I, Item 2, first paragraph, delete all words after, "Live entertainment and dancing shall be secondary." 2)Section I, Item 4, second paragraph, delete all verbiage except, "If entertainment is to include amplified entertainment and/or more musicians, an acoustical study shall be reviewed and approved by the Community Development Director and shall be implemented in the building."; 3)Section II, delete Item 4; and, 4)Section II, delete Item 6, and return the item to the City Council. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Final Action: To direct staff to review all applicable City Code sections that pertain to conditions imposed on restaurants and bars in order to determine which can be applied as standard conditions and to return the list for Council consideration. Motion Bowler, second Oakes. The motion carried by a unanimous vote. The meeting recessed at 9:35 P.M. The meeting reconvened at 9:53 P.M. and went to item 6. MUNICIPAL MATTERS 5.ADJOURNMENT TO A MEETING OF THE PARKING AUTHORITY REGARDING 6,400,000 REFUNDING OF CERTIFICATES OF PARTICIPATION - HERMOSA BEACH PARKING FACILITIES PROJECT - 1994 SERIES. Memorandum and Resolution for adoption from City Manager Stephen Burrell dated November 16, 1994. At the hour of 7:25 P.M. the Regular Meeting of the Hermosa Beach City Council adjourned to a Meeting of the Hermosa Beach Parking Authority. At the hour of 7:29 P.M. the Hermosa Beach Parking Authority adjourned to the Regular Meeting of the Hermosa Beach City Council. At the hour of 7:29 P.M. the meeting recessed in order to sign and notarize Parking Authority documents. At the hour of 8:02 P.M. the meeting reconvened and returned the order of the agenda to item 4. 6.DOWNTOWN IMPLEMENTATION STUDY. Memorandum from Public Works Director Amy Amirani dated November 15, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Alan Rubin and Allistar Baillie of IBI responded to Council questions. Public participation opened at 10:28 P.M. Coming forward to address the Council on this item were: Garrison Frost - Coast Drug owner, 58 Pier Avenue, said he had served with a previous Vehicle Parking Board that had tried centralized ticket vending machines for parking that had been completely unworkable as people were unable to understand what they were supposed to do; said he was opposed to one-way only vehicular traffic on lower Pier Avenue that would exit through the alleys; said he had traveled to Huntington Beach, as it had been compared to Hermosa Beach, and it had two-way traffic and outdoor dining; and, said he was opposed to raising the cost of metered parking; and, George Dispotes - Manhattan Beach, suggested electronic bulletin boards for the downtown and the possibility of encouraging tourists to come to the downtown area on tourist buses. Public participation closed at 10:40 P.M. Action: To approve the staff recommendation to: 1)approve the preferred Alternative B for improvements on lower Pier Avenue; 2)approve the preferred Alternative D for improvements on upper Pier Avenue; 3)approve the preferred Alternative C for improvements on Hermosa Avenue in the downtown area; 4)direct staff to instruct consultants to proceed forward on the preparation of construction documents for lower Pier and Hermosa Avenues commensurate with approvals above; 5)amend the existing Hermosa Avenue Rehabilitation Project (limits from Herondo to Pier Avenue) to include the preferred streetscape design for that section of the project between Eighth Street and Pier Avenue; 6)direct staff to identify funding alternatives and return in January, 1995, with the analysis and findings; and, 7)accept the Downtown Implementation Plan as complete, with the understanding that item 4 would be returned to the Council for its approval. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 7.AN ORDINANCE ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS. Memorandum and Ordinance for introduction from Police Chief Val Straser dated September 15, 1994. Action: To introduce Ordinance No. 94-1122. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1122, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING THE PENAL REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS." Motion Bowler, second Edgerton. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 8.MONTEREY BOULEVARD REHABILITATION FROM 6TH STREET TO PIER AVENUE. Memorandum from Public Works Director Amy Amirani dated November 15, 1994. Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to: 1)approve the award of contract to Denn Engineering for an amount of 15,800 to prepare construction drawings and specifications for pavement and sewer rehabilitation on Monterey Blvd. between Sixth Street and Pier Avenue; and, 2)direct staff to return to City Council with bid results and approval of the award of contract. Motion Oakes, second Mayor Benz. The motion carried by a unanimous vote. 9.RECOMMENDATION TO ADOPT THE CITY'S AMERICANS WITH DISABILITIES ACT COMPLIANCE AND TRANSITION PLAN. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated November 17, 1994. Action: To approve the staff recommendation to adopt the City's "Americans with Disabilities Act (ADA) Compliance and Transition Plan", at an estimated cost of 423,100 to provide parking spaces, ramps, restroom conversion, drinking fountain conversion, telephone conversion, access doorways and other items. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda a)Request from Councilmember Edgerton for resolution of intent to study ways of directing marketing efforts toward attracting new daytime retail business on lower Pier Avenue. (Continued from meeting of 11/8/94) Councilmember Edgerton spoke to his request and said the matter had been covered in earlier discussions. Action: There was no action taken on this item. CITIZEN COMMENTS Coming forward to address the Council at this time was: Dallas Yost - Pacific Screen Print, said he agreed with Councilmember Reviczky that lower Pier Avenue (Item 6) should not be one-way only vehicular traffic. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 22, 1994 at the hour of 11:10 P.M. to the Adjourned Regular Meeting of Monday, November 28, 1994 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of discussion of Matters of Personnel, pursuant to Government Code Section 54957: City Attorney selection/interviews; and, matters of Conference with Labor Negotiator, City Manager Stephen R. Burrell, negotiating for the City with employee groups Hermosa Beach Police Officers Association and Hermosa Beach Firefighters Association. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 13, 1994, at the hour of 7:07 P.M. PLEDGE OF ALLEGIANCE - Julie Oakes, Councilmember ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PRESENTATION:PRESENTATION OF PLAQUES OF APPRECIATION TO CABLE TELEVISION ADVISORY BOARD MEMBERS: SCOTT TOLLEFSEN RICK LEARNED DAVE REIMER Mayor Benz presented plaques of appreciation to the Cable Television Advisory Board Chairperson, Scott Tollefsen, and members Rick Learned and Dave Reimer for the hard work they had done in concluding a renewal of the Cable Television Franchise Agreement. Mr. Benz thanked the members for the volunteer time they had given over the past two years. Chairperson Tollefsen thanked the City staff for its support work and thanked departed members David Acosta and Gerry Sweitzer. Councilmember Reviczky expressed the Council's congratulations to the departing Cable Television Board and to its staff liaison, Community Resources Director Mary Rooney. ANNOUNCEMENTS: Mayor Benz expressed the Council's sadness on the death of Nancy Haley Rogers, said she was an extraordinary woman and that Hermosa Beach would miss her. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time. (b) WRITTEN COMMUNICATION 1)Letter from Karen Johnson dated December 6, 1994 requesting the placement of a nativity scene in Hermosa Beach.Supplemental letters supporting Ms. Johnson's letter from Chris Howell, 1523 Aviation Blvd., Suite B, Redondo Beach; Steve Fortney, 1516 Monterey Blvd.; The Fugatts, 1135 6th Street, and Dick and Virginia Snyder (no address given). Coming forward to address the Council on this item was: Karen Johnson - 608 Hollowell Avenue, spoke to her letter and said she was speaking for citizens who want a nativity scene displayed; asked to be allowed to refurbish the one the City had displayed many years ago and possibly display it in Greenwood Park. Action: To allow Karen Johnson and the people she represents to place a nativity scene in Greenwood Park, and to use the City's nativity scene for the display. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting votes of Mayor Benz and Bowler. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (p), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Mayor Benz for Jim Lissner, (i) Bowler, (k) Mayor Benz for Jim Lissner and (o) Bowler. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Mayor Benz questioned item 1(b) regarding payment to the Phoenix Group. Finance Director Copeland said this payment was for residual transactions as Finance changed to the new system and that Phoenix still collected out- of-state parking tickets for the City. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on November 15, 1994; 2)Minutes of the Regular meeting held on November 22, 1994; 3)Minutes of the Adjourned Regular Meeting of November 28, 1994: and, 4)Minutes of the Adjourned Regular Meeting of November 29, 1994. Action: To approve the minutes of the Adjourned Regular Meeting of November 15, 1994; the minutes of the Regular Meeting of November 22, 1994; the minutes of the Adjourned Regular Meeting of November 28, 1994; and, the minutes of the Adjourned Regular Meeting of November 29, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register, Numbers 2055 through 2150 inclusive, as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO AUTHORIZE CITY TO PARTICIPATE AS A CO-PERMITTEE IN THE NEW NPDES STORM WATER PERMIT AND DIRECT STAFF TO WORK WITH L.A. COUNTY STAFF IN MEETING THE PERMIT REQUIREMENTS. Memorandum from Public Works Director Amy Amirani dated November 29, 1994. Action: To approve the staff recommendation to: 1)authorize the City to participate as a co-permittee in the new NPDES Storm Water Permit, to be issued after the current permit expires on June 18, 1995; and, 2)direct City staff to work with the Los Angeles County staff in meeting the permit requirements. (e) RECOMMENDATION TO ADOPT RESOLUTION DECLARING THE MONTH OF MAY AS "DROUGHT-PROOFING MONTH", ENCOURAGING VOLUNTARY WATER CONSERVATION PRACTICES BY ALL WATER USERS AND THE USE OF RECYCLED WATER IN THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Amy Amirani dated November 29, 1994. Supplemental replacement Resolution (to correct typos) for adoption. Action: To approve the staff recommendation to adopt Resolution No. 94-5711, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING THE MONTH OF MAY AS 'DROUGHT-PROOFING MONTH' AND ENCOURAGING VOLUNTARY WATER CONSERVATION AND USE OF RECYCLED WATER WHERE POSSIBLE IN THE CITY OF HERMOSA BEACH." (f) RECOMMENDATION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR THE SOUTH BAY SIGNAL SYSTEMS PROJECT. Memorandum from Public Works Director Amy Amirani dated November 29, 1994. Action: To approve the staff recommendation to approve a Memorandum of Understanding entitled, "A MEMORANDUM OF UNDERSTANDING FOR TRAFFIC IMPROVEMENTS THROUGH THE COORDINATION OF TRAFFIC SIGNAL SYSTEMS ALONG FOUR MAJOR ARTERIALS AND SUPPORTING ROUTES IN THE SAN DIEGO FREEWAY (ROUTE 405) CORRIDOR.", wherein the City agrees to cooperate with neighboring jurisdictions to implement coordinated traffic signal control and operate signal improvements on Pacific Coast Highway (State Route 1). (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated December 1, 1994. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: Claimant: Saathoff, John Date of Loss:09/07/94 Date Filed :11/29/94 Allegation :Claimant alleges a trip and fall on uneven concrete floor surface while standing on skates at outside eating area of 1286 the Strand (Good Stuff Restaurant). (h) RECOMMENDATION TO DIRECT STAFF AND PLANNING COMMISSION TO PREPARE A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR THE CITY OWNED PROPERTY AT 702 - 11TH PLACE FROM OPEN SPACE TO COMMERCIAL FOR THE PURPOSE OF SALE. Memorandum from Community Development Director Sol Blumenfeld dated December 5, 1994. This item was removed from the consent calendar by Mayor Benz, at the request of resident Jim Lissner, for separate discussion later in the meeting. Coming forward to address the council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned if the property had been advertised for sale or had been listed with a realtor. Action: To approve the staff recommendation to direct staff and Planning Commission, by minute order, to prepare a General Plan amendment and zone change, and set for public hearing at the earliest dates before the Planning Commission. Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE THE PURCHASE OF MOTOROLA RADIO EQUIPMENT FROM LOCAL AREA PROVIDER. Memorandum from Police Chief Val Straser dated December 1, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting, due to questions regarding the compatibility of the radios to be purchased with the Mobile Digital Terminals (MDT) in the Police vehicles. Police Chief Straser responded to Council questions and said that the radios were for emergency use while the MDTs were connected to the Dispatch Center and therefore were not compatible. Chief Straser continued that the radios would stay in a bank and be issued, as needed, for crowd control at special events or for emergency use. Coming forward to address the Council on this item was: Dave Reimer - 802 Monterey Blvd., questioned the radio frequency and who would be able to communicate with them; questioned the duplexer. Police Chief Straser responded that the radios were 450- 470 megahertz; the current duplexer was at a stationary site and this would be a mobile back-up; and the maxtrac was a direct link to the County Emergency Headquarters. Action: To approve the staff recommendation to: 1)approve purchase of Motorola radio equipment from local area provider; 2)appropriate 11,614 from the designation for Disaster Preparedness in the General Fund; 3)authorize the Chief of Police to make minor changes as necessary within 5 percent of total cost; and, 4)authorize the purchase of the following items for the Police Department: POLICE Police Reserves(10) Portable Radios 9,803.12 Vehicle Radio(3) Mobile Radios 6,447.37 PARKING ENFORCEMENT Dispatch Radio (1) Base Station 1,773.85 Vehicle Radio(4) Mobile Radios 2,078.40 Parking Officers (10) Portable Radios 4,662.00 DISASTER PREPAREDNESS R.A.C.E.S. Radio(1) Desktop Maxtrac832.80 Emergency Radios (10) Portables 8,432.68 Emergency Repeater (1) Portable Duplexer2,744.45 for a total cost of 36,774.67 including tax with 27,000 currently budgeted in the FY 1994-95 budget and an additional 11,614 needed from the General Fund. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE THE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND PROJECT TOUCH FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated December 5, 1994. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between Project Touch and the City for the use of Room C in the Community Center at a rate of 281 per month (312 sq.ft. X .90 per sq.ft.) from January 1, 1995 through June 30, 1995, and 290 per month (312 sq.ft. X .93 per sq.ft.) from July 1, 1995 through December 31, 1995 for a total rental income of 3,426; and, 2)authorize the Mayor to sign the lease. (k) RECOMMENDATION TO RECEIVE AND FILE THE CALTRANS BEFORE AND AFTER STUDY OF SOUTHBOUND PEAK HOUR CURB PARKING RESTRICTIONS ON PACIFIC COAST HIGHWAY AND RETAIN THE EXISTING CURB PARKING RESTRICTIONS. Memorandum from Public Works Director Amy Amirani dated December 1, 1994. This item was removed from the consent calendar by Mayor Benz, at the request of resident Jim Lissner, for separate discussion later in the meeting. Coming forward to address the council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned the report; said that a threefold increase in accidents was not acceptable; said this was the Council's last chance to get Caltrans to honor its commitment to the City. Action: To approve the staff recommendation to receive, review and file the study, and retain the existing curb parking restrictions. Motion Bowler, second Reviczky. The motion carried unanimously. (l) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated December 6, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist, an Administrative Aide and a Senior Building Inspector in the Community Development Department pending final determination of the restructure of that department. (m) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE PIER RENOVATION PROJECT PROPOSAL REVIEW. Memorandum from City Manager Stephen Burrell dated December 6, 1994. Action: To approve the staff recommendation to receive and file the report regarding the Pier Renovation Project Proposal Review and approve the recommendation of the review committee to readvertise for proposals for the development of construction documents and engineering, set a scheduled opening for January 26, 1995, interview top respondents the first week in February, 1995, and award the contract at the February 14, 1995 Regular Meeting of the City Council. (n) RECOMMENDATION TO AWARD BID FOR PARKS MAINTENANCE CONTRACT TO LANDSCAPE WEST, INC. FOR THE PERIOD FROM JANUARY 1, 1995 TO JUNE 30, 1998. Memorandum Council from Public Works Director Amy Amirani dated December 5, 1994. Action: To approve the staff recommendation to: 1)authorize the Mayor to sign a contract with Landscape West, Inc. for the provision of City parks landscape maintenance for a three and one- half year period beginning January 1, 1995 and ending June 30, 1998 for a total cost of 331,164 and consisting of work activities of: turf care, edging and trimming, shrubs, fertilization, irrigation, insect/disease/pest control, soil aeration, thatch control, weed control, tree maintenance, litter control, annual plantings, dead plant replacement, greenwaste reduction, baseball/softball field maintenance, sand play areas, trash pick-up, and restroom maintenance for the following parks landscape areas: a)Valley Park; b)Clark Stadium c)Community Center/Civic Center; d)Edith Rodaway Park; e)Seaview Parkette; f)Fort Lots-O-Fun Parkette; g)Moodust Parkette; h)Greenwood Park; i)Bicentennial Park; j)Kay Etow Park; k)Ingleside Parkette; l)4th and Prospect; m)6th and Valley; n)Scout Park; o)Ardmore & 5th; p)Greenbelt Park; q)Sandhill Parkette; r)3rd & Prospect ; s)Biltmore Park*; and, t)South Park* (*starting July 1, 1995); and, 2)authorize staff to issue a notice to proceed and issue addenda within budget limitations. (o) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR 68 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1994. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Attorney Vose responded to Council questions. Action: To amend the Resolution on page 2, Section II, Number 2, second line to read, "... patrons immediately outside the business.", and to delete the remainder of the line. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: To amend the Resolution on page 3, Section II, to delete item Number 8 in its entirety. Motion Edgerton, second Mayor Benz. The motion carried, noting the dissenting vote of Reviczky. Action: To approve the staff recommendation to adopt Resolution No. 94-5713, which sustains the Planning Commission decision, modifies conditions and is entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT FOR RESTAURANT WITH ON-SALE BEER AND WINE TO INCLUDE FULL ALCOHOL, EXTENDED HOURS UNTIL 2:00 A.M. AND ANCILLARY DANCING AND LIVE ENTERTAINMENT AT 68 PIER AVENUE.", as amended above. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (p) RECOMMENDATION TO ADOPT A RESOLUTION PLANNING COMMISSION SCHEDULE. Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1994. Action: To approve the staff recommendation to adopt Resolution No. 94-5712, which establishes the Planning Commission meeting schedule to one meeting per month to be held on the third Tuesday of each month and is entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING MONTHLY MEETINGS OF THE PLANNING COMMISSION." 2.CONSENT ORDINANCES (a) ORDINANCE NO. 94-1122 - 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACCEPTING THE PENAL REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS. For adoption. Memorandum from City Clerk Elaine Doerfling dated November 28, 1994. Action: To adopt Ordinance No. 94-1122. Motion Reviczky, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (i), (k) and (o) were heard at this time but are shown in order for clarity. At 7:28 P.M., item 1(i) was taken out of order and considered first. At 7:38 P.M., the order of the agenda was moved to the public hearing, starting with item 4. Action on remaining pulled consent calendar items took place after the public hearings. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 9:03 P.M. The meeting reconvened at 9:22 P.M. and returned the agenda to item 7. PUBLIC HEARINGS 4.CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE TO ADD TATTOO PARLORS TO THE PERMITTED USE LIST FOR C-3 ZONE. NOTE: THIS ITEM WAS PUBLICLY NOTICED, HOWEVER, IT WILL NOT BE CONSIDERED AT THIS MEETING AS THE PLANNING COMMISSION HAS NOT COMPLETED ACTION ON THE MATTER. Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1994. City Attorney Vose said it would not be necessary to open the public hearing on this item as it was to be readvertised. 5.TEXT AMENDMENT TO ELIMINATE THE REQUIREMENT FOR RESOLUTIONS OF INTENT TO AMEND THE ZONING ORDINANCE AND/OR MAP.Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated December 5, 1994. The public hearing opened at 7:40 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:40 P.M. Action: To introduce Ordinance No. 95-1123. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95-1123, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1501(2) AND (3), INITIATION OF AMENDMENT, TO ELIMINATE THE REQUIREMENT OF ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE, AND/OR MAP." Motion Reviczky, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 6.SPECIAL STUDY AND TEXT AMENDMENT TO ARTICLE 13 REGARDING NON-CONFORMING BUILDINGS AND USES (CONTINUED FROM 4/12, 4/26, 5/10 & 8/9 CITY COUNCIL MEETINGS).Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated December 6, 1994. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Vose offered a change on page 6 in response to Council questions. The public hearing opened at 8:06 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:06 P.M. Action: To introduce Ordinance No. 95-1124, with the following amendments: 1)Ordinance page 3, Section 1, Code section 13-2, B. Nonconforming buildings, 2. Expansion/Remodel allowed, a) to add for clarity, "50 percent or below of expansion/remodel may be done without Planning Commission approval."; 2)Ordinance page 3, Section 1, Code section 13-2, B. Nonconforming buildings, 2. Expansion/Remodel allowed, b) to change current to existing to read, "... within 10% of existing side yard standard."; 3)Ordinance page 3, Section 1, Code section 13-2, B. Nonconforming buildings, 2. Expansion/Remodel allowed, c) insert, "Existing nonconforming side yards, not within 10 percent of the existing side yard standard, may be continued ..."; 4)Ordinance page 4, Section 1, Code section 13-2, B. Nonconforming buildings, 2. Expansion/Remodel allowed, add letter f) any destruction to structures caused by non-arson fire, explosion, or other casualty or Act of God shall be governed by Zoning Ordinance Text, Section 13-6.; and, 5)add periods to close paragraphs or other punctuation where proper. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95-1124, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13 OF THE ZONING ORDINANCE TEXT, IN REGARD TO NONCONFORMING USES AND BUILDINGS, FOR PURPOSES OF CLARIFICATION." Motion Oakes, second Bowler. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None At 8:25 P.M. the order of the agenda was returned to pulled consent calendar item 1(h). MUNICIPAL MATTERS 7.1993-94 ANNUAL FINANCIAL STATEMENTS AND AUDIT REPORTS a.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1993-94, INCLUDING REPORT FROM INDEPENDENT AUDITOR. Memorandum from Finance Director Viki Copeland dated December 5, 1994. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell and Risk Manager Robert Blackwood also responded to Council questions. Coming forward to address the Council on this item was: Nancy Shelmon - auditor with Coopers and Lybrand L.L.P., spoke regarding the reports and responded to Council questions; and, John Workman - City Treasurer, responded to Council questions and said the City reserves were invested in very conservative funds; that 80 percent were in U.S. Government Securities, 10 percent in Government agency accounts and the remaining 10 percent in AAA rated Corporate Bonds. Action: To approve the staff recommendation to receive and file the 1993-94 Comprehensive Annual Financial Report (CAFR), which includes the report from Coopers and Lybrand L.L.P., the City's independent auditors. Motion Bowler, second Reviczky. The motion passed by a unanimous vote. b.AUDITOR REVIEW OF 1993-94 APPROPRIATION LIMIT. Memorandum from Finance Director Viki Copeland dated December 6, 1994. Action: To approve the staff recommendation to receive and file the 1993-94 Appropriation Limitation submitted by the City's independent auditors, Coopers and Lybrand L.L.P. Motion Bowler, second Reviczky. The motion passed by a unanimous vote. 8.AWARD OF CONTRACT FOR BILTMORE PARK. Memorandum from Public Works Director Amy Amirani dated December 6, 1994. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 9:47 P.M. Coming forward to address the Council on this item was: Parker Herriott - 224 24th Street, submitted a letter; spoke to his letter and displayed his designs for the Biltmore Park Public participation closed at 9:51 P.M. Action: To approve the staff recommendation to: 1)award the construction contract for the Biltmore Park Project to Delta Landscape, Inc. in the amount of 78,871.99; 2)authorize the Mayor to execute, and the City Clerk to attest, the construction contract subject to approval by the City Attorney; 3)direct the City Clerk to reject all other bids and release all bid bonds; 4)authorize the Director of Public Works to accept the project as complete on behalf of the City Council, upon completion of work; 5)authorize the transfer of Parks Facilities Tax Funds in the amount of 18,832.50 from the Clark Building Project (CIP 94-523) to the Biltmore Park Project (CIP 94-523); 6)authorize funds in the amount of 6,000 be appropriated from the Lighting and Landscape Fund to the Biltmore Park Project (CIP 94-523); and, 7)authorize the director of Public Works to make minor changes as necessary within budget, Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 9:58 P.M. the order of the agenda was suspended to go to item 12. 9.AWARD OF CONTRACT FOR SOUTH PARK. Memorandum from Public Works Director Amy Amirani dated December 6, 1994. This item was heard at 10:16 P.M. Public Works Director Amirani presented the staff report and responded to Council questions. Community Resources Director Rooney responded to Council questions and said that Prop A would reimburse the City for costs weekly. Action: To approve the staff recommendation to: 1)award the construction contract for Phase I of the South Park Project to Advanced Construction in the amount of 332,679.94; 2)authorize the Mayor to execute, and the City Clerk to attest, the construction contract subject to approval by the City Attorney; 3)direct the City Clerk to reject all other bids and release all bid bonds; 4)authorize the Director of Public Works to accept the project as complete on behalf of the City Council, upon completion of work; 5)authorize the transfer of 20,000 from the Street Improvement Project (CIP 94-170) to the south Park Project (CIP 94-515); 6)appropriate Lighting and Landscape District Funds in the amount of 30,000 to the South Park Project (CIP 94-515); 7)appropriate Sewer Funds in the amount of 9,000 to the South Park Project (CIP 94-515); and, 8)authorize the director of Public Works to make minor changes as necessary within budget, with the addition of contract administration/inspection by Track-it Monitoring Systems for a maximum of 15,000 and a three percent contingency of 9,980 which brings the total cost to 357,659.94. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 10. AWARD OF CONTRACT FOR SEWER AND STORM DRAIN VIDEO INSPECTION. Memorandum from Public Works Director Amy Amirani dated December 1, 1994. Supplemental memorandum from Public Works Director Amy Amirani dated December 13, 1994. Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to: 1)approve the award of contract to National Plant Services, Inc. for an amount of 92,999.96 to video inspect the entire City sewer lines and the entire Storm Drain System; and, 2)authorize the Director of Public Works to make minor changes within the budget, Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 11. ORDINANCE REGARDING DISPLAY OF ADULT MAGAZINES. Memorandum and Ordinance for introduction from City Manager Stephen Burrell dated December 7, 1994. City Attorney Vose presented the Ordinance and responded to Council questions. Action: To introduce Ordinance No. 95-1125. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting votes of Mayor Benz and Oakes. Final Action: To waive further reading of Ordinance No. 95-1125, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING TO CHAPTER 21, OFFENSES-MISCELLANEOUS, A NEW SECTION 21-36, RELATING TO DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS IN LOCATIONS OTHER THAN NEWSRACKS." Motion Edgerton, second Reviczky. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 12. UPDATE AND CONTRACT APPROVAL FOR "FIRST NIGHT" ACTIVITIES. Memorandum from Community Resources Director Mary Rooney dated December 7, 1994. Supplemental map of "First Night" activities. This item was heard at 9:58 P.M. Community Resources Director Mary Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Dragana Bajalovic - Arts Hermosa Director, spoke of the music and theatre events to be offered; said the "Backburner Cafe" would have mask and costume materials for the procession to the Pierhead and countdown to the New Year; asked for a reduction of the liability insurance from 2,000,000 to 1,000,000; asked to use the City electric outlet for the downtown main stage and to omit the shuttle service; responded to Council questions; and, Parker Herriott - 224 24th Street, objected to the reduction in the amount of insurance; objected to the event; asked if a Coastal Commission permit had been obtained. Action: To approve the staff recommendation to approve the contract with Arts Hermosa for "First Night 1995"; reduce the amount of liability insurance to 1,000,000; allow the use of the electric outlet; and delete the shuttle service from the contract. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. At 10:10 P.M. the order of the agenda was returned to item 9. 13. REVIEW OF PARKING PERMIT PROGRAM. Memorandum from Finance Director Viki Copeland dated November 28, 1994. Finance Director Copeland presented the staff report, responded to Council questions, and distributed copies of a time table. Action: To direct staff to: 1)mail parking permit renewal applications by January 19, 1995; 2)begin over-the-counter sales of parking permits by February 2, 1995; 3)notify residents that a date certain has been set for 8:00 A.M. on March 20, 1995 for the start of enforcement; 4)accept a Department of Motor Vehicle (DMV) receipt for new registration or transfer as well as the actual vehicle license; and, 5)receive and file the information report on the permit parking process. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 14. OIL PROJECT UPDATE. Memorandum from Deputy City Attorney Steve Quintanilla. At 10:55 P.M. Councilmember Reviczky declared a potential conflict of interest due to residing within the project boundaries and left the dais and the room. City Manager Burrell presented the report and responded to Council questions. City Attorney Vose also responded to Council questions. Coming forward to address the Council on this item was: Rosamond Fogg - 610 Sixth Street, asked if the X signed by Roy Stinnett on the Quit Claim was considered a legal signature (City Attorney Vose said that it was a legal signature); and asked if the Macpherson lease exempted above ground or below ground structures and if the Stinnett oil well was considered above ground or below ground (City Manager Burrell said the Stinnett oil well was not part of the Macpherson lease). Action: To approve the recommended actions contained in the December 13, 1994 report entitled, "Oil and Gas Lease No. 2, Macpherson Oil's Request for Extension of Time Pursuant to the Force Majeure Provision", submitted by Deputy City Attorney Steve Quintanilla. Motion Bowler, second Edgerton. The motion carried, noting the abstention of Reviczky. Councilmember Reviczky returned to the dais at 11:10 P.M. 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.DESIGNATE TWO COUNCIL MEMBERS TO PARTICIPATE IN THE CITY LEGISLATIVE DELEGATE PROGRAM. Memorandum from City Manager Stephen Burrell dated December 1, 1994. City Manager Burrell presented the staff report and responded to Council questions. Proposed Action: To appoint two Councilmembers at-large as representatives to State legislators from Hermosa Beach districts. Motion Bowler, second Reviczky. The motion failed due to the dissenting votes of Edgerton, Oakes and Mayor Benz. Action: To appoint the Mayor and the Mayor Pro Tempore as representatives to State legislators from Hermosa Beach districts. Motion Edgerton, second Oakes. The motion carried, noting the dissenting votes of Bowler and Reviczky. Final Action: To designate Councilmember Bowler as the City Legislative Delegate for State Assemblymember Debra Bowen. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton. 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.ENTERTAINMENT PERMITS. Memorandum from City Manager Stephen Burrell dated December 5, 1994. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to study a permit process for entertainment activities, to include those businesses that would be affected by such a permit in the information gathering process, and to report back to Council. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. 17. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items. a)Request from Council member Reviczky to direct the Downtown Business Area Enhancement District Commission and staff to develop a special short- term business license for Fiesta De Las Artes vendors and explore ways to increase local business participation in the Fiesta. Supplemental memorandum from Carol Duff, Hermosa Beach Chamber of Commerce Executive Director dated November 29, 1994. Councilmember Reviczky spoke to his request. Action: To direct staff to study the possibility of a short-term business license for Fiesta de las Artes or other short term vendors and report back to Council. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Edgerton. CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 13, 1994 at the hour of 11:40 P.M. to the Adjourned Regular Meeting of Tuesday, December 20, 1994 at the hour of 7:00 P.M. for the purpose of a closed session. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 10, 1995, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Nick Nicholson, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None ANNOUNCEMENTS: Mayor Benz took this time to commend the efforts of the City's Public Works, Fire and Police Department's staff members for their long hours of work during the current flood conditions. Mayor Benz said that City crews have worked around the clock opening storm drain outfalls, clearing catch basins, cleaning roadways and filling and placing sandbags. Benz continued by saying the crews have worked day and night in the pouring rain to protect and safeguard our homes, but they cannot do everything or be everywhere. He then requested that affected property owners assist by filling and placing sandbags where needed on their property, and said that sandbags were available at the Fire Department. Mayor Benz then invited Councilmember Reviczky to read the report from Police Chief Val Straser regarding a residential fire at La Carlita Place on Friday, December 30, 1994 at 11:38 P.M. Councilmember Reviczky said that Police Officers Timothy Turek, Kurt Michel, and Reserve Officer Dana Reinhardt were the first to arrive on the scene, and found the house engulfed in flames and smoke. The officers kicked in the back door and went inside when they saw someone lying on the floor. Reviczky continued that the officers were immediately engulfed in a blast of heat and smoke but were successful in carrying the victim outside to safety where they were able to revive him. Councilmember Reviczky said that applications to receive the South Bay Medal of Valor were being prepared for each of these officers who risked his life to save the life of the victim. Mayor Benz thanked all of the people who financially support the "Hermosa Releaf Program" and all of the volunteers who donate time and energy to the planting and care of the trees on the Greenbelt. Mayor Benz invited anyone interested in joining the program to meet at the corner of Valley Drive and Gould Avenue at 9:00 A.M., on the first Saturday of each month, or to call the Community Resources Department at 318-0280 to make a donation. PROCLAMATION: Toastmasters International Week January 22 -- 28, 1995 Mayor Benz presented the proclamation to Leonard Lipton of District One Toastmasters, who thanked the Mayor and invited anyone interested to attend the Hermosa Beach meetings held each Wednesday at 7:00 A.M. at 730 Eleventh Street, Church of the Nazarene. PRESENTATIONS: CERTIFICATE OF RECOGNITION TO ARTS HERMOSA FOR FIRST NIGHT 1995 Dragona Bajalovic, John Scudder and other members of "Arts Hermosa" came forward to accept the Certificate and expressed their appreciation of the great success of their first venture, "First Night 1995". PRESENTATION OF A DONATION TO ARTS HERMOSA FOR FIRST NIGHT 1996 FROM BROWNING-FERRIS INDUSTRIES Chip Scholz from BFI presented the first check to "Arts Hermosa" for the fund raising effort for "First Night 1996". PRESENTATION OF A DONATION TO THE YOUTH BASKETBALL LEAGUE FROM THE HERMOSA BEACH KIWANIS Betty Ryan and Harold Robbins of the Hermosa Beach Kiwanis Club presented a check for 1,000 to Burk Bussiere of the Youth Basketball League. Mr. Bussiere said that there were 500 youth in the program and a major goal this year would be refurbishing the gymnasium floor. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Nick Nicholson - President of the Kenny Nicholson Memorial Foundation, thanked the City and the citizens for their donation of toys to the Beach Cities Toy Drive; said that a party was sponsored for over two hundred homeless children and another party given for over 60 children in hospitals, all of whom would not have received toys over the holidays if not for the generosity of Hermosa residents; submitted and recited a poem composed by a homeless girl; and, Gary Wayland - President of "Vision Hermosa", announced that "Vision Hermosa" will be presenting an Economic Envisioning Conference in conjunction with the Levy Foundation to study the IBI report for the downtown area on Friday, January 13, 1995, at the hour of 8:30 A.M. at the "Comedy and Magic Club" on Hermosa Avenue; said that the hiring of an Economic Development Director and a Public Relations Officer for business recruitment and publicity would be announced at that meeting; urged everyone to attend. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (c) Bowler. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special Meeting held on December 13, 1994; and, 2)Minutes of the Regular Meeting held on December 13, 1994. 3)Minutes of the Adjourned Regular Meeting held on December 20, 1994. Action: To approve the minutes of the Special Meeting of December 13, 1994; the Regular Meeting of December 13, 1994; and, the Adjourned Regular Meeting of December 20, 1994 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTRAR Nos. 2052, 2053, 2054, and 2151 through 2402 inclusive, noting voided checks Nos. 2159, 2160, 2161, 2239, 2336, 2337, 2338 and 2366. Action: To ratify the check registrar as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To receive and file the tentative future agenda items as presented. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the November, 1994 Financial Reports as presented., (e) RECOMMENDATION FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND HOPE CHAPEL FOR ROOM 13 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated January 3, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between Hope Chapel for Counseling and the City for the use of Room 13 in the Community Center at a rate of 1,159 per month (1,288 sq.ft. X .90 per sq.ft.) from February 1, 1995 through June 30, 1995, and 1,198 per month (1,288 sq.ft. X .93 per sq.ft.) from July 1, 1995 through January 31, 1996 for a total rental income of 14,181; and, 2)authorize the Mayor to sign the lease. (f) RECOMMENDATION TO AWARD CONTRACT TO AKM ENGINEERING FOR AN AMOUNT OF 60,480 TO CONDUCT A MASTER PLAN OF HYDROLOGY, INCLUDING AERIAL TOPOGRAPHY, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADJUST THE CONTRACT WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Amy Amirani dated January 4, 1995. Action: To approve the staff recommendation to: 1)approve award of contract to AKM Engineering for an amount of 60,480 to conduct a Master Plan of Hydrology, including aerial topography, for the City of Hermosa Beach; and, 2)authorize the Director of Public Works to adjust the contract within the approved budget. (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR: Memorandum from Personnel Director Robert Blackwood dated December 20, 1995. Action: To approve the staff recommendation to deny the following claims and refer to the Citys Liability Claims Administrator : 1)Claimant: Herriott, Parker Date of Loss:06/30/94 Date Filed :12/19/94 Allegation: claimant alleges City failed to meet with and prosecute claim, and, denial of due process. (h) RECOMMENDATION TO APPROVE AGREEMENT FOR LEGAL SERVICES WITH RICHARDS, WATSON & GERSHON WITH MICHAEL JENKINS DESIGNATED AS CITY ATTORNEY AND AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. Memorandum from City Manager Stephen Burrell dated January 5, 1995. Action: To approve the agreement for legal services from the law firm of Richards, Watson & Gershon, with Michael Jenkins designated as City Attorney at an hourly rate of 135 per hour up to 30 hours per month, and, to authorize the Mayor and City Clerk to execute the agreement. (i) RECOMMENDATION TO APPROVE SEMINAR ATTENDANCE FOR COUNCIL MEMBER BOWLER AND APPROVE REIMBURSEMENT OF AUTHORIZED EXPENSES. Memorandum from City Manager Stephen Burrell dated January 5, 1995. Action: To approve Councilmember Bowlers attendance at the Local Government Commission sponsored seminar entitled "Working with Business, Developers and Citizens for more Livable Communities", and to approve reimbursement of authorized expenses. (j) RECOMMENDATION TO APPROVE CITY MANAGER CONTRACT EXTENSION ON A MONTH-TO-MONTH BASIS DURING NEGOTIATIONS, WITH THE RENEWAL TO BE EFFECTIVE JANUARY 2, 1995. Memorandum from City Manager Stephen Burrell dated January 5, 1995. Action: To approve the extension of the existing employment contract for the city Manager on a month-to-month basis while negotiations are underway for a renewal, noting the effective date of the contract upon renewal will be January 2, 1995. (k) REQUEST FOR A SPECIAL MEETING OF THE CITY COUNCIL TO BE HELD ON TUESDAY, JANUARY 31, 1995 FOR AN OPEN STUDY SESSION TO DISCUSS GOALS FOR 1995, FOLLOWED BY A CLOSED SESSION. Memorandum from City Manager Stephen Burrell dated January 5, 1995. Action: To the date of Tuesday, January 31, 1995 for an open study session to discuss goals for 1995, followed by a closed session. At 7:44 P.M., the order of the agenda was suspended to move to item 5. 2.CONSENT ORDINANCES a.ORDINANCE NO. 95-1123 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1501(2) AND (3), INITIATION OF AMENDMENT, TO ELIMINATE THE REQUIREMENT OF ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE ZONING ORDINANCE AND/OR MAP." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 3, 1995. Action: To adopt Ordinance No. 94-1123. Motion Bowler, second Oakes. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None b.ORDINANCE NO. 95-1124 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND PORTIONS OF ARTICLE 13 OF THE ZONING ORDINANCE TEXT, IN REGARD TO NONCONFORMING USES AND BUILDINGS, FOR PURPOSES OF CLARIFICATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 3, 1995. Action: To adopt Ordinance No. 94-1124. Motion Bowler, second Mayor Benz. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None c.ORDINANCE NO. 95-1125 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING TO CHAPTER 21, OFFENSES- MISCELLANEOUS, A NEW SECTION 21-36, RELATING TO DISPLAY OF BOOKS, MAGAZINES AND OTHER PUBLICATIONS IN LOCATIONS OTHER THAN NEWSRACKS." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 3, 1995. Action: To adopt Ordinance No. 94-1125. Motion Reviczky, second Bowler. AYES:Bowler, Edgerton, Reviczky NOES:Oakes, Mayor Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(c) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. 4.PUBLIC HEARINGS - None 5.HEARING SPECIAL STUDY 93-8, PART II, TO STUDY THE STANDARD AND TYPICAL CONDITIONS IMPOSED ON CONDITIONAL USE PERMITS. Memorandum from Community Development Director Sol Blumenfeld dated January 5, 1995. At 7:45 P.M., Councilmember Bowler declared a potential conflict of interest regarding the on-sale alcohol portion of the report, due to owning a business with on-sale alcohol, and left the dais and the room. Michael Jenkins, new City Attorney, was introduced and said that Councilmember Bowler could participate in the other areas of the report. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. The hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the hearing was closed at 7:55 P.M. Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); A. - On-Sale Alcohol; page four; second paragraph; to read, "The business shall prevent loitering, unruliness, and boisterous activities of the patrons outside the business or in the immediate area". Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Bowler. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); A. - On-Sale Alcohol; page four; third paragraph; to eliminate the condition regarding noise, contingent upon staff returning with a new enforceable noise ordinance for the Municipal Code. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Bowler. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); A. - On-Sale Alcohol; page four; last paragraph on the page, second line, to read, "...problem exists, and may, subject to approval of the Planning Commission, direct the presence of a...". Motion Edgerton, second Mayor Benz. The motion carried, noting the absence of Bowler. The meeting recessed at 8:35 P.M. The meeting reconvened at 8:48 P.M. with Councilmember Bowler returning to his seat. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); A. - On-sale Alcohol, to approve the balance of the Planning Commission and staff recommendations for this item. Motion Edgerton, second Mayor Benz. The motion carried, noting the abstention of Bowler. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); B. - Off-sale Alcohol Beverage Establishment Open between the Hours of 11:01 P.M. and 2:00 A.M.; page five, bottom paragraph and page six, top paragraph; to approve the staff recommendation to eliminate the condition allowing the Police Chief to authorize the presence of a doorman or security guard. Motion Edgerton, second Bowler. The motion carried, noting the dissenting vote of Reviczky. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); B. - Off-Sale Alcohol Beverage Establishment Open between the Hours of 11:01 P.M. and 2:00 A.M.; to approve the balance of the Planning Commission and staff recommendations for this item and to direct staff to include the wording of the Municipal Code Section 10.8-5. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Proposed Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); C. - Self-service Car Washes; to approve the Planning commission and staff recommendations for this item. Motion Bowler, second Mayor Benz. The motion was withdrawn by the maker and the second. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); C. - Self-service Car Washes; page six; fourth paragraph; to leave in the condition that any equipment must be a minimum 50 foot distance from adjacent residences. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); C. - Self-service Car Washes; to approve the balance of the Planning Commission and staff recommendations for this item. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); D. - Adult Businesses; to approve the Planning Commission and staff recommendations for this item. Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); E. - Sale of X-rated Materials; to approve the Planning Commission and staff recommendations for this item. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); F. - Adult Newsracks; to direct staff to return with an Ordinance that removes this section from C.U.P.s and places "Newsracks" in the Municipal Code. Motion Edgerton, second Mayor Benz. The motion carried, noting the dissenting vote of Reviczky. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); G. - Day Care Homes, Large; to approve the Planning Commission and staff recommendations for this item. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); H. - Day Nursery Preschools, and After School Child Care with Thirteen or More Children; to approve the Planning Commission and staff recommendations for this item. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); I. - Reverse Vending Machines; to approve the Planning Commission and staff recommendations for this item. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); J. - Recycling, Small Collection Facilities; to approve the Planning Commission and staff recommendations for this item. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Further Action: I - Standard Conditions in Zoning Code (Excerpts from Article 10); K - Recycling, Large Collection Facilities; to approve the Planning Commission and staff recommendations for this item. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. At 9:47 P.M., Councilmember Bowler declared a potential conflict of interest regarding the on-sale restaurants portion of the report, due to owning a business with on-sale alcohol, and left the dais and the room. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); A. - On-sale Restaurants; to approve the Planning Commission and staff recommendations for this item. Motion Edgerton, second Oakes. The motion carried, noting the absence of Bowler. At 9:50 P.M., Councilmember Bowler returned to the dais. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); B. - Live Entertainment; to approve the Planning Commission and staff recommendations for this item and to direct staff to return with an Ordinance that removes this section from C.U.P.s and places it in a new category of "Entertainment Permits". Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); C. - General (for all C.U.P.s); to approve the Planning Commission and staff recommendations for this item with the following two changes: 1) delete the word "substantial" in the second line of the first paragraph to read, "...use of the property shall be in conformance..." and 2) to include a section that requires, "The exterior of the premises shall be maintained in a neat and clean manner, and maintained free of graffiti at all times.". Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); D. - New Project, or Project Involving New Construction; to approve the Planning Commission and staff recommendations with the following three changes: 1) retain the second paragraph (a.) on page 14 to read, "Any roof-top equipment shall be integrated into the architecture and be hidden from street view."; 2) retain the fourth paragraph (b.2) on page 14 to read, "The project shall comply with the requirements of the Public Works Department." (deleting the remainder of the sentence); and 3) retain the sixth paragraph on page 14 (bottom of the page) regarding final building plans, etc. in its entirety. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); D. - New Project, or Project Involving New Construction; "Where Landscaping Exists, Is Proposed, or Is Required"; to direct staff to bring back language to require xerophytic landscape in areas mandated by the Coastal Commission. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); E. - Automotive Establishments, General Conditions for All; to retain the condition regarding disposal of hazardous waste material on page 16, paragraph three. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); E. - Automotive Establishments, General Conditions for All; to approve the Planning Commission and staff recommendations with the following change: on page 17, paragraph four, to direct staff to return with language that allows storage of currently registered vehicles, owned by the business or by the business owner, if the area is fenced or screened from view. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); F. - General Auto Repair; to approve the Planning Commission and staff recommendations. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); G. - Auto Sales; to approve the Planning Commission and staff recommendations. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: II - Typical Conditions Recommended by Staff (not in zoning ordinance); H. - Car Audio Equipment Installation and Service; to approve the Planning Commission and staff recommendations. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Final Action: Example, page 19: Mayor Benz directed, with the consensus of the Council, that the word substantial be deleted in Section I, Number 1. for consistency. MUNICIPAL MATTERS 6.REVIEW OF THE LIST OF STREETS WITHOUT PLANNED SIDEWALKS, RELATING TO SPECIAL STUDY 94-3 AND TEXT AMENDMENT TO THE 17- FOOT GARAGE/PARKING STALL SETBACK REQUIREMENT.Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1994. Action: To continue this item to the Regular Meeting of January 24, 1994 as the list of streets had not been completed. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9.OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a)Request by Councilmember Edgerton to consider changing name of South Park to Dewey Weber Park. Action: To bring this item back for consideration at the Regular Meeting of January 24, 1995. Motion Edgerton, second Mayor Benz. The motion carried, noting the dissenting votes of Bowler and Reviczky. CITIZEN COMMENTS - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 10:52 P.M. to a closed session. The closed session convened at the hour of 11:10 P.M. for the purpose of discussion of matters of Litigation, pursuant to Government Code Section 54956.9(a): Hermosa Beach Stop Oil Coalition v. State Lands Commission. The closed session adjourned at the hour of 11:30 P.M. to the Regular Meeting at which time a public announcement was made of action taken. Roll Call: Present: Bowler, Edgerton, Oakes, Mayor Benz Absent: Reviczky Action: To direct the City Attorney to seek Appellate Review (conditionally) in the case of Hermosa Beach Stop Oil Coalition v. State Lands Commission, Los Angeles Superior Court, Case No. BS 024 656. By proper motion and second, the vote was as follows: AYES:Bowler, Edgerton, Oakes, Mayor Benz NOES:None ABSTAIN: None ABSENT: Reviczky Public Comment: None The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 10, 1995, at the hour of 11:32 P.M. to the Regular Meeting of Tuesday, January 24, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 24, 1995, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Gary Brutsch, resident ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Benz Absent: Edgerton ANNOUNCEMENTS: Mayor Benz announced that item 1(i), the City Treasurer's annual statement of investment policy for the year 1995, and item 6, consideration of naming South Park as "Dewey Weber Park", were both being continued to the Regular Meeting of February 14, 1995. PROCLAMATION: GREGORY JARVIS DAY ALLIEDSIGNAL CHALLENGER LEARNING CENTER DEDICATION JANUARY 26, 1995 Mayor Benz read the Proclamation for the dedication, to be held January 26, 1995, in the memory of Gregory Jarvis, a longtime Hermosa Beach resident and crewmember of the NASA Space Shuttle Challenger, which in 1986, embarked on an educational mission to teach, to explore and to inspire. Mayor Benz read that the families of the seven Challenger astronauts have founded the Challenger Learning Center to continue this mission and on January 26, 1995, the AlliedSignal Challenger Learning Center at California State University, Dominguez Hills will be dedicated to provide up to 20,000 under-represented minority students from Los Angeles area school districts the opportunity to discover their skills and creativity, and to rediscover mathematics and science as a source of empowerment, excitement and change. Mayor Benz extended the best wishes of the entire City and City Council to the AlliedSignal Challenger Learning Center. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Gary Brutsch - Hermosa Beach, thanked the City Councilmembers for their time and work for the Toy Drive, and thanked South Bay residents for their generosity in donating over 2,500 toys for needy children; said he hoped everyone would support the third annual toy drive in 1995. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Bowler, noting that item (i) was continued to the Regular Meeting of February 14, 1995. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on January 10, 1995. Action: To approve the minutes of the Regular Meeting of January 10, 1995 as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER Numbers 2403 through 2511, noting voided warrants Numbers 2407, 2408, 2409 and 2457. Action: To ratify the check register as presented. (Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1994 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the December, 1994 Financial Reports as presented. (Edgerton absent) (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated January 12, 1995. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of two Clerk Typists, an Administrative Aide and a Senior Building Inspector in the Community Development Department pending final determination of the structure of that department. (Edgerton absent) (f) RECOMMENDATION TO WAIVE PARKING FEES AND TIME LIMITS FOR METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO THE PIER) AND ON HERMOSA AVENUE BETWEEN 8TH AND 16TH STREETS DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 19, 1995 FROM 7:00 AM TO 12:00 NOON. Memorandum from Community Resources Director Mary Rooney dated January 5, 1995. Action: To approve the staff recommendation to approve the waiver of parking fees and time limits for meters along Pier Avenue from Manhattan Avenue to the Pier head and on Hermosa Avenue between 8th and 16th from 7:00 A.M. until 12:00 P.M. on Sunday, February 19, 1995 for the 43rd annual Sand and Strand Run, co-sponsored by the South Bay Free Clinic and the City of Hermosa Beach, with the proceeds from the run divided equally for an estimated 1,000 revenue to the City. (Edgerton absent) (g) RECOMMENDATION TO AWARD CONTRACT TO ANGELES PAINTING AND WATERPROOFING, INC. FOR PAINTING OF THE CITY JAIL. Memorandum from Police Chief Val Straser dated January 10, 1995. Action: To approve the staff recommendation to: 1)award the contract in the amount of 10,480 to Angeles Painting and Waterproofing, Inc., of Burbank, CA, for painting of the City Jail; 2)authorize the Mayor to sign a contract with Angeles Painting and Waterproofing, Inc. for its services; and, 3)authorize the Chief of Police to make necessary changes within the approved CIP 92-519 budget. (Edgerton absent) (h) RECOMMENDATION TO ADOPT A RESOLUTION AMENDING SECTION 7.5 OF THE MUNICIPAL CODE TO ADD A PROVISION TO INCLUDE THE FORMATION OF AN ADVISORY BOARD FOR THE NEXT CABLE FRANCHISE RENEWAL. Memorandum from Assistant City Manager Mary Rooney dated January 17, 1995. Supplemental memorandum from Marsha Ernst, Community Resources Department dated January 24, 1995. This item was removed from the consent calendar at the request of Councilmember Bowler for separate discussion later in the meeting, due to questions as to the timing and advertisement for members, etc. Assistant City Manager Rooney responded to Council questions saying that this would be handled by the normal process at the time of franchise renewal, a number of years from now. Action: To approve the recommendation of staff and the former Cable Television Advisory Board to adopt Resolution No. 95-5715, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 7.5 OF THE MUNICIPAL CODE TO ADD A PROVISION TO INCLUDE THE FORMATION OF AN ADVISORY BOARD FOR THE NEXT CABLE FRANCHISE RENEWAL. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Edgerton. (i) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE CITY OF HERMOSA BEACH. Memorandum from City Treasurer John Workman dated January 18, 1995. Action: Mayor Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of February 14, 1995, at the request of the City Treasurer. (Edgerton absent) (j) RECOMMENDATION TO APPROVE ADJUSTMENT TO THE CITY'S EMPLOYER CONTRIBUTION RATE TO FUND RETIREMENT LIABILITIES RESULTING FROM THE CONVERSION OF BENEFITS TO SALARY FOR AN EMPLOYEE WHO RETIRED PRIOR TO JUNE 30, 1994. Memorandum from Finance Director Viki Copeland dated January 19, 1995 Action: To approve the staff recommendation to approve the adjustment of the City's employer contribution rate from 14.035 percent to 15.344 percent of monthly payroll for Fire employees (equating to an approximately 5,600 increase for the remainder of this fiscal year).in order to spread the cost of the 178,273.78, billed, unfunded liability and the over 600,000 of as yet unbilled, unfunded liability, over the same repayment period as other liabilities (until the year 2011. (Edgerton absent) (k) RECOMMENDATION TO ADOPT A RESOLUTION DECLARING A PERIOD OF ENFORCED DELAY IN THE PERFORMANCE OF THE LESSEE'S DUTIES UNDER OIL & GAS LEASE NO. 2, AND DENYING THE LESSEE'S CLAIMS OF ADDITIONAL ENFORCED DELAYS. Memorandum from City Manager Stephen Burrell dated January 19, 1995. Action: To approve the staff recommendation to adopt Resolution No. 95-5714, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING A PERIOD OF ENFORCED DELAY IN THE PERFORMANCE OF LESSEE'S DUTIES UNDER OIL AND GAS LEASE NO. 2, AND DENYING THE LESSEE'S CLAIMS OF ADDITIONAL DELAYS.", to allow the enforced delay provision to apply to the Superior Court action of October 27, 1994, which "stopped the clock" with 347 days remaining on the two year initial period, and denies two other requests for enforced delay provisions requested by the lessee. (Edgerton absent) 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:15 P.M., as the time advertised for the public hearing had not arrived, the order of the agenda was suspended to go to item 5. PUBLIC HEARINGS 4.1995-96 LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.Memorandum from Community Development Director Sol Blumenfeld dated January 18, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that although this was a three year commitment, each year required a new application and the uses could be different next year. The public hearing opened at 7:44 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:44 P.M. Action: To approve the staff recommendation to approve the expenditure of the first year, 1995-96, Los Angeles County Urban Community Development Block Grant (CDBG) Program funds, estimated at 136,000, and any additional allocation funding for retrofitting City Hall to remove architectural barriers to disabled citizens and to approve the Cost Summary submittal to the County of 142,100. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz and the absence of Edgerton. At the hour of 7:48 P.M. the order of the agenda went to Public Comments. MUNICIPAL MATTERS 5.REVIEW OF THE LIST OF STREETS WITHOUT PLANNED SIDEWALKS, RELATING TO SPECIAL STUDY 94-3 AND TEXT AMENDMENT TO THE 17-FOOT GARAGE/PARKING STALL SETBACK REQUIREMENT. (Continued from the meeting of January 10, 1995) Memorandum from Community Development Director Sol Blumenfeld dated December 7, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions saying that properties that had been liened in anticipation of future sidewalks would be released from the liens. City Manager Burrell also responded to Council questions. Public participation opened at 7:16 P.M. Seeing no one come forward to address the Council on this item, public participation closed at 7:16 P.M. Action: To approve the staff recommendation to approve the following list of streets not requiring sidewalks: Valley Area: 1)18th Street from Valley Park Avenue to Valley Drive; 2)19th Street from Valley Park Avenue to Valley Drive; 3)20th Street from Power Street to Valley Drive; 4)21st Street from west end, east of Loma Drive to Valley Drive; 5)24th Street from Park Avenue to Valley Drive; 6)24th Place from Park Avenue to Valley Drive; 7)25th Street from Park Avenue to Valley Drive; 8)Power Street from 20th Street to Hermosa Valley Park; and, 9)Morningside Drive from 25th Street to Hermosa Valley Park, and, Additional Exempt Streets: 1)17th Street from Prospect Avenue to east end (north side only); 2)Golden Avenue for the west side only, both north and south of 17th Street; and, 3)Raymond Avenue from 16th Street to 17th Street, and to direct staff to return to Council with the comprehensive list of streets in order to review the broader issue of the 17 foot setback, for consistency, in other areas. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Edgerton. 6.CONSIDERATION OF NAMING SOUTH PARK "DEWEY WEBER PARK". Memorandum from Community Resources Director Mary Rooney dated January 17, 1995. Action: Mayor Benz directed, with the consensus of the Council, that this item be continued to the Regular Meeting of February 14, 1995, due to the absence of Edgerton. 7.CONSIDERATION OF STREET CLOSURES AND CERTAIN FEE WAIVERS FOR A SAINT PATRICK'S DAY PARADE ON SATURDAY, MARCH 18, 1995.Memorandum from Community Development Director Sol Blumenfeld dated January 19, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions and said that this request will come back to Council with a contract and program details in the same manner as the "First Night" event. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: 1)approve the request for street closure of Pier Avenue from Valley Drive to Hermosa Avenue and for one block of Hermosa Avenue south of Pier Avenue from approximately 11:00 A.M. until 1:00 P.M. for the parade, and the closure of Pier Avenue from Hermosa Avenue to the Pier head from 11:00 A.M. until after the festivities close at 5:00 P.M., on Saturday, March 17, 1995, for the Saint Patrick's Day Parade, subject to further administrative and police review; 2)approve certain fee waivers, including a meter buy- out at 15.50 per meter per day, but to not waive fees for: a)Police fees at 59.75 per hour per officer; b)permit application fee of 300; and, c)Public Works fees, to be determined, if necessary for street closures, banners, etc. 3)direct staff to return to Council with a site plan and event contract, and to include: a)furnish the City of Hermosa Beach with insurance covering comprehensive and general liability in the amount satisfactory to the City; b)indemnify the City; c)determination by the Chief of Police regarding the number of officers necessary to ensure event safety and traffic control, with costs for the officers assigned to the St. Patrick's Day Weekend Committee; d)St. Patrick's Day Weekend Committee shall be responsible for providing adequate trash receptacles and portable toilets as necessary to accommodate this event; e)the streets shall be cleaned by the St. Patrick's Day Weekend Committee to meet conditions as specified by the City staff; f)St. Patrick's Day Weekend Committee shall be solely responsible for the event management; g)temporary no parking signs shall be posted as required by the City; and, h)St. Patrick's Day Weekend Committee will abide by any additional policies or appropriate fees as established by the City. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 8.RESOLUTION URGING SUPPORT FOR TRW SYSTEMS INTEGRATION GROUP'S PROCUREMENT OF LOS ANGELES COUNTY'S CONTRACT TO AUTOMATE THE ADULT AND CHILD WELFARE SYSTEM. Memorandum from City Manager Stephen Burrell dated January 19, 1995. This item was withdrawn prior to the meeting, due to the County already making a decision on this contract. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Mayor Benz to direct the Downtown Area Enhancement District Commission, with the help of Arts Hermosa, to consider reinstituting "1912 Days". Mayor Benz spoke to his request. Community Resources Director Rooney responded to Council questions. Action: To direct the Downtown Business Area Enhancement District Advisory Commission, Arts Hermosa and a liaison from Community Resources to review this request. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton. At 7:38 P.M. the order of the agenda was returned to the public hearing, item 4. CITIZEN COMMENTS Coming forward to address the Council at this time were: Dorothy Courtney - representing Richstone Center, said that many of the toys from the "Toy Drive" came to the Richstone Center and she was here to thank the Council and the whole community for their effort in raising toys, and to submit Certificates of Appreciation to the Councilmembers; thanked the Council for its efforts in past "Strand Walks" to raise funds for Richstone, announced that this year's walk would be on April 29, 1995, and suggested that the Council might want to form a team to challenge the City of Manhattan Beach in the walk; said that in her experience Federal money had the least strings attached as compared with other entities and suggested that ten percent of CDGB funds could be allocated to local social services within the City if the Council so designated; (Councilmember Bowler expressed the Council's appreciation for Mrs. Courtney's work with Richstone and personally accepted the "challenge".); Pete Tucker - 34th Street, asked the Council to consider a letter of appreciation to Learned Lumber for its donation of sand and sandbags that was made available to residents during the recent heavy rains (Councilmember Reviczky said that the City should acknowledge Mr. Learned's help as well as all of the other contributions made by individuals and groups.); and, Pat Davis - representing Macpherson Oil, said Macpherson Oil was participating in the St. Patrick's Day Parade; said that Macpherson Oil was doing a study on the use of Tidelands Oil money by Redondo Beach and Long Beach and the results should be available in a few weeks; said they strongly believed that this money could be used for downtown revitalization; cited portions of the Ernst and Young report and said that revenue source options would be included in Macpherson Oil's future report. Mayor Benz made an announcement of the Redondo Beach 10K run on Super Bowl Sunday, with the preliminary one-mile sprint starting in Hermosa Beach. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 24, 1995 at the hour of 7:55 P.M. to the Adjourned Regular Meeting of Tuesday, February 7, 1995 at the hour of 7:00 P.M. for the purpose of an open meeting to set City goals for 1995, with a closed session following for the purpose of discussion of matters of Conference with Labor Negotiator, City Manager Stephen R. Burrell, negotiating for the City with employee groups: Hermosa Beach Police Officers Association and Hermosa Beach Firefighters Association; matters of Personnel pursuant to Government Code Section 54957: City Manager contract negotiations; and, matters of Existing Litigation pursuant to Government Code Section 54956.9(a): Clark v. City of Hermosa Beach, (case # YS002665). ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 14, 1995, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - Val Straser, Police Chief ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None Mayor Benz and Councilmembers Bowler, Edgerton and Reviczky presented Valentine's Day roses to Councilmember Julie Oakes, City Clerk Elaine Doerfling, and staff members Robin Bennet and Naoma Valdes. PRESENTATION:PRESENTATION OF CERTIFICATES OF RECOGNITION TO OFFICER TIMOTHY TUREK, OFFICER KURT MICHAEL, AND RESERVE OFFICER DANA REINHARDT Mayor Benz joined Police Chief Val Straser in presenting Certificates of Recognition to Police Officers Timothy Turek and Kurt Michael and to Reserve Officer Dana Reinhardt that praised them for their heroic actions. Police Chief Straser said that the trio had been nominated to receive Medal of Valor awards, presented at a luncheon sponsored by the local Chambers of Commerce to be held on April 27, 1995. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Rosamond Fogg - 610 Sixth Street, spoke regarding item (b)(1), letter from Macpherson Oil, said the comparisons given for potential uses of Tidelands Oil recovery were erroneous as both Long Beach and Redondo Beach had been sued for using tidelands oil money in that fashion; said the gross revenue was exaggerated and the barrel recovery amount was higher than previously stated by Macpherson; submitted information; Tom Morley - 561 Loma Drive, said the Macpherson letter shifted the amounts to be recovered from offshore and onshore from previous estimates; said Macpherson's original estimate of revenue to the City was 19,000,000 and an independent consultant had estimated 9,500,000; said Macpherson's estimates were too high; Don Macpherson - Macpherson Oil, said the statements made by the previous speakers were erroneous; said potential emission amount was exaggerated; spoke of erroneous statements in the initiative petition; said the referendum would not affect his company as it had a legally binding contract with the City; John Burt - 1152 Seventh Street, spoke in support of the oil project; Leonard Brock - Consultant for the City of Torrance, former Director of Long Beach Oil Project, said he felt the statements in the initiative petition were incorrect and in his opinion there was no danger of subsidence as there had been none in Long Beach; and, Pat Davis - representing Macpherson Oil, said that in two to three years there should be enough money from oil revenue for the City to borrow against the future revenue stream. At 7:33 P.M., the order of the agenda was suspended to go to the public hearing, item 4, advertised to start at 7:30 P.M. (b) WRITTEN COMMUNICATIONS 1)Letter from Lawrence Fordiani dated January 9, 1995 requesting Council review of commercial encroachment license fees. Action: To receive and file. Motion Reviczky, second Mayor Benz. The motion carried by a unanimous vote. 2)Letter from Scott Macpherson and a report prepared by Macpherson Oil Company dated February 9, 1995 exploring the possible City services and projects that could be financed through Tidelands royalty revenues. Coming forward to address the Council on this item were: Don Macpherson - Macpherson Oil, spoke to the letter, spoke regarding potential revenue for the City; submitted information; spoke regarding new technology and equipment in oil recovery; Tom Morley - 561 Loma Drive, spoke in rebuttal to statements made in the letter; Don Macpherson - Macpherson Oil, spoke in rebuttal to statements made by Mr. Morley; and, John Burt - 1152 Seventh Street, spoke regarding speed limits in Long Beach. City Attorney Jenkins responded to Council questions and said that the City had to place an initiative petition on the ballot in the manner mandated by State law and that the City had no control over the statements made by the proponents. Action: To receive and file. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Oakes, (e) Mayor Benz, (h) Edgerton and (i) Edgerton. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on January 24, 1995. Action: To approve the minutes of the Regular Meeting of January 24, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER Numbers 2512 through 2650 inclusive, noting voided Check Numbers 2520, 2531, 2532, 2533, 2534, 2591 and 2648. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE CITY OF HERMOSA BEACH. (Continued from meeting of January 24, 1994) Memorandum from City Treasurer John Workman dated February 7, 1995. Supplemental Resolution and staff report from City Attorney Michael Jenkins received February 14, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. City Attorney Jenkins responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the recommendation to adopt Resolution No. 95-5718, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AN INVESTMENT POLICY FOR THE CITY OF HERMOSA BEACH.", which grants authorization to invest in: 1)Negotiable Certificates of Deposit; 2)U.S. Treasury Bills, Notes and Bonds; 3)Medium-Term Notes (MTN); 4)Bankers Acceptances; 5)California State Local Agency Investment Fund; 6)Los Angeles County Pool Investment Fund; 7)Repurchase Agreements; and, 8)Federally Sponsored Agency Securities. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated February 1, 1995. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting. Action: To approve the staff recommendation to deny the following claims, six of which were caused by the January 6, 1995 storm which caused flooding at the 414 Second Street garage area, and refer to the City's Liability Claims Administrator : 1)Claimant: Alario, Chantel A. Date of Loss:01/04/95 Date Filed :01/26/95 Allegation: Claimant alleges City action (sandbagging on 8th Street diverted water), caused flooding of garage. 2)Claimant: Cantor, Robert J. Date of Loss:01/04/95 Date Filed: 01/09/95 Allegation: Claimant alleges City action (sandbagging on 8th Street diverted water), caused flooding of garage. 3)Claimant: Orick, Holli Date of Loss:01/05/95 Date Filed: 01/09/95 Allegation: Claimant alleges City action caused 2nd Street to overflow due to wood chips from running path plugging drain. 4)Claimant: Willhite, Richard Date of Loss:01/04/95 Date Filed: 02/01/95 Allegation: Claimant alleges storm drain stopped up due to wood chips from City-owned land, and caused garage to flood. 5)Claimant: Clark, Elizabeth C. Date of Loss:01/04/95 Date Filed: 02/01/95 Allegation: Claimant alleges storm drain stopped up due to wood chips from City-owned land, and caused garage to flood. 6)Claimant: Knapick, Michael Date of Loss:01/04/95 Date Filed: 02/01/95 Allegation: Claimant alleges storm drain stopped up due to wood chips from City-owned land, and caused garage to flood. 7)Claimant: Brill, Charles J. Date of Loss:01/02/95 Date Filed: 01/18/95 Allegation: Claimant alleges storm drain was not cleared prior to rain on 01/02/95 causing storm drain to back up and flood garage at 16 The Strand. 8)Claimant: Marshall, Winston Date of Loss:07/04/94 Date Filed: 01/03/95 Allegation: Claimant alleges that while roller blading, his wheel caught in a large crack at 2800 block of the Strand causing him to fall and break his ankle.. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR AS THE DESIGNATED AGENT FOR ALL MATTERS PERTAINING TO FEDERAL AND STATE DISASTER ASSISTANCE. Memorandum from Finance Director Viki Copeland dated February 2, 1995. Action: To adopt Resolution No. 95-5716, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE FINANCE DIRECTOR AS DESIGNATED AGENT TO PROVIDE, TO THE STATE OFFICE OF EMERGENCY SERVICES, FOR ALL MATTERS PERTAINING TO SUCH STATE DISASTER ASSISTANCE, THE ASSURANCES AND AGREEMENTS REQUIRED." (g) RECOMMENDATION TO ADOPT A RESOLUTION CERTIFYING THE ENGINEERING AND TRAFFIC SURVEY WHICH SETS SPEED LIMITS ON PACIFIC COAST HIGHWAY AND ARTESIA BOULEVARD. Memorandum from Public Works Director Amy Amirani dated January 30, 1995. Action: To adopt Resolution No. 95-5717, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE ENGINEERING AND TRAFFIC SURVEY.", which reflects consistency with the existing speed limits for Pacific Coast Highway and Artesia Boulevard, and allows the Hermosa Beach Police to legally enforce those speed limits. (h) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE APPLICATION FOR DISCRETIONARY REGIONAL FUNDS FOR THE CONSTRUCTION OF SIDEWALK/HANDICAP RAMPS AT VARIOUS LOCATIONS IN THE CITY. Memorandum from Public Works Director Amy Amirani dated January 30, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions Action: To adopt Resolution No. 95-5719, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN.", which approves the application for TDA Article 3 funds, in the amount of 7,344, to fund a portion of the construction of sidewalk/handicap ramps at various locations in the City in connection with the Street Rehabilitation (CIP 94-141 and 94-149) of Monterey Boulevard and Hermosa Avenue. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROPRIATE LIGHTING AND LANDSCAPE DISTRICT FUNDS FOR THE UNDERGROUNDING OF OFFSITE UTILITIES AND ONSITE SECURITY LIGHTING AT SOUTH PARK. Memorandum from Public Works Director Amy Amirani dated January 31, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Community Resources Director Rooney and Planning Director Amirani also responded to Council questions. Action: To approve the staff recommendation to: 1)appropriate Lighting and Landscape District Funds in the amount of 11,394.76 to underground the street lights on Valley Drive between Second and Sixth Streets, in keeping with the City policy requiring new developments to underground utilities adjacent to their property; and, 2)appropriate Lighting and Landscape District Funds in the amount of 40,000 to the South Park Project (CIP 94-515) to install security lighting within South Park, in order to alleviate concerns of neighboring residents and the Police Department due to the lack of security lighting in the park for this phase of construction, noting that the total 51394.76 cost for these projects would leave a balance of 846,859.24 in the Lighting and Landscape District Fund. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (e), (h), and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING PARKING STANDARDS FOR GYMNASIUMS/PHYSICAL FITNESS CENTERS AND ADOPTION OF ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated February 6, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:35 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:35 P.M. Action: To approve the Planning Commission and staff recommendation to introduce Ordinance No. 94-1126. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 94-1126, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE PARKING REQUIREMENT FOR GYMNASIUMS/PHYSICAL FITNESS CENTERS AND THE ADOPTION OF A NEGATIVE DECLARATION." Motion Edgerton, second Bowler. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None At 7:36 P.M., the order of the agenda was returned to Public Participation, item (b)(1), Written Communications. MUNICIPAL MATTERS 5.CONSIDERATION OF NAMING SOUTH PARK "DEWEY WEBER PARK". (Continued from meeting of January 24, 1995)Memorandum from Community Resources Director Mary Rooney dated January 17, 1995. Supplemental letter from Karen Johnson, 608 Hollowell, dated February 13, 1995. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said the City should wait to fund parks until there is oil revenue; said the City had enough open space; and, Peter Tucker - 34th Street, said that naming the park for Dewey Weber would overlook many of the other Hermosa surfing greats who were a part of Hermosa's history and that Weber had first started his business in Venice, not Hermosa. Action: To rename South Park as Dewey Weber Park. Motion Edgerton, second Mayor Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Reviczky. 6.PIER RENOVATION PROJECT (CIP 94-620): RECOMMENDATION TO NEGOTIATE CONTRACT TO PREPARE ENGINEERING AND CONSTRUCTION DOCUMENTS. Memorandum from Public Works Director Amy Amirani dated January 31, 1995. Councilmember Oakes gave the background regarding the sub-committee recommendation. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said the City should inspect the Pier very closely for structural defects, but wait for off-shore oil revenue to make changes; and, Roger Bacon - 1100 Pacific Coast Highway, suggested that the Council consider a location at, or near, the Pier for the Historical Society displays; said that this would be an attraction that would bring people to the downtown area; said that the County had recently remodeled lifeguard facilities in Redondo Beach so there should be money available to do the same in Hermosa Beach. Action: To approve the staff recommendation to: 1)reject all proposals received for the Pier Renovation Project (CIP 94-620); 2)approve the award of contract to prepare architectural, engineering and construction documents for the Pier Renovation Project to a team comprised of Alpha Engineering and IBI group in the amount of 210,000; and, 3)authorize the Director of Public Works to make minor changes as necessary within 15 percent of the contract cost. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 8:43 P.M. The meeting reconvened at 9:03 P.M. 7.JOINT POWERS AUTHORITY (JPA) FOR ELECTRICAL SERVICE. Memorandum from City Manager Stephen Burrell dated February 7, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to participate in the examination of this approach for providing electrical service and report back to the City Council as the issue develops. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz. 8.REPORT ON FUNDING THE DOWNTOWN IMPLEMENTATION PLAN.Memorandum from City Manager Stephen Burrell dated February 7, 1995. Supplemental letter from Ron Pizer, 518 The Strand, received February 14, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public Works Director Amirani also responded to Council questions. Coming forward to address the Council on this item were: Jerry Newton - 2041 Circle Drive, urged the Council to approve the financing strategy; Rick Learned - 1727 Monterey Blvd., urged the Council to move ahead and approve the funding plan; Jim Dewey - 701 Hermosa Avenue, supported the report and urged Council to approve the funding plan; Rick Hankus - "Java Man", questioned how the City could justify charging 1.00 per hour when neighboring cities charged 25 cents; expressed concern with a one hour parking limit as this would not be enough time for his customers; Patricia Spiritus - "Hamilton Gregg Brewworks", expressed concern that parking meter increases would create a burden for existing businesses in the downtown area, especially with the construction that was proposed in conjunction with the renovation of the downtown; Gary Wayland - "Vision Hermosa", urged the Council to approve a funding plan to support the businesses; responded to Council questions; Parker Herriott - 224 24th Street, questioned if this bond issue would be on the ballot; said the residents should be allowed to vote on this issue; John Burt - 1152 Seventh Street, asked the Council to allow parking on Pacific Coast Highway again; and, Roger Bacon - 1100 Pacific Coast Highway, said that people could pay higher parking rates to go to the beach; spoke in favor of upgrading the downtown area in order to attract .good businesses Action: To approve the staff recommendation to: 1)approve the proposed financing strategy for the funding of the Downtown Improvement to include: a)installation of parking meters on upper Pier Avenue; b)change the parking meter rates from .25 for one-half hour to .25 for 15 minutes to bring Hermosa Beach parking rates into line with the majority of beach cities in the area; c)authorize the City Manager to work with a Bond Counsel to develop a financing method for the Downtown Implementation Plan (City Manager to return to City Council for approval of the agreement between the City and Bond Counsel) d)authorize the City Manager to negotiate a contract with the IBI Group and return to Council with a completed contract for construction drawings and specifications for Upper and Lower Pier Avenue and Hermosa Avenue from Eighth Street to 16th Street, with the understanding that the negotiated contract would come back to Council for an evaluation of cost and whether it is competitive or needs to go out to bid; and, e)authorize the City Manager to approve expenditures for appropriate or as-needed professional services, such as appraisers, in conducting the financial plan for the Downtown Implementation, with the additional direction to staff for: f)consideration of creative funding from special events and festivals (beach stadium for sports events and concerts) held in the downtown area and to approach the Downtown Business Area Enhancement District Advisory Commission for funding; g)increasing the hours of parking enforcement in the downtown area and consideration of metering the parking lots when the current contract is completed; and, h)a public hearing for parking meter design concept (new technology, time limit permits, and/or validation) and for the installation of parking meters on upper Pier Avenue Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. 9.SOUTH BAY CLEAN CITIES PROGRAM (MOU).Memorandum from Community Development Director Sol Blumenfeld dated January 23, 1995. Action: To approve the staff recommendation to enter into a Memorandum of Understanding (non-binding) with other South Bay jurisdictions and the U.S. Department of Energy (DOE) to authorize the participation of the City of Hermosa Beach in the South Bay Clean Cities Program to facilitate and expand the use of alternative fuels. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, asked that the speed limit for vehicles, bicycles and skaters be enforced on the Strand; Pete Tucker - 34th Street, said that the roller blade hockey rink, to be installed at South Park, would have a better surface if it were poured in concrete rather than asphalt; felt that a corporate sponsor could be found to contribute the additional 15,000 that concrete would cost; said that Manhattan Beach was in the process of taking out recently installed tile sidewalks in its downtown area; suggested that Hermosa Beach might learn from this and consider a less expensive paving for its proposed renovation downtown; Rosamond Fogg - 610 Sixth Street, said that much of the language in the initiative petition statement was from the City's original Ordinance banning oil; listed the statements made in the language that Mr. Macpherson had not refuted; Don Macpherson - Macpherson Oil, said that he stood by his statement that claims made by Ms. Fogg, and others, were not true; and, Parker Herriott - Hermosa Beach, asked for emergency lighting for the Biltmore Park until Edison finishes its work. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 1995 at the hour of 11:30 P.M. to a closed session. The closed session convened at the hour of 11:40 P.M. for the purpose of: 1)CONFERENCE WITH REAL PROPERTY NEGOTIATOR: PURSUANT TO GOVERNMENT CODE SECTION 54956.8 for property located at the westerly edge of the shopping center located at 1100 Pacific Coast Highway currently utilized for surface parking. The negotiating parties are: Stephen R. Burrell, City Manager , negotiating for the City and Roger Bacon, shopping center owner. The price and terms of payment are under negotiation. 2)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): Case Name:Cornell v. City of Hermosa Beach Case Number: YC016937 The closed session adjourned. to the regular meeting at the hour of 11:59 P.M. ORAL ANNOUNCEMENTS - The were no decisions made that required a public announcement. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, February 15, 1995 at the hour of 12:01 A.M. to the Regular Meeting of Tuesday, February 28, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 28, 1995, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Peter Tucker, Planning Commissioner ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None City Clerk Doerfling announced that two written points of order, dated February 27 and 28, 1995, had been submitted by Howard Longacre pertaining to agenda items 7 and 8. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Betty Ryan - Monterey Blvd., requested that item 1(f) be removed from the consent calendar for Council discussion; Shirley Cassell - Hermosa Beach, said that the Planning Commission had granted approval for a tattoo parlor at the last meeting; said the owner was from Redondo Beach and that neither Redondo nor Manhattan Beach would allow this type of business in their cities; asked the Council to stop this business from coming into Hermosa; said that Manhattan Beach parking was .25 per hour everywhere except for the County lots at the beach, not the 1 per hour that had been claimed as justification for increasing Hermosa Beach rates; asked Council to rescind its action of doubling parking meter charges; Garrison Frost, Sr. - 58 Pier Avenue, Coast Drug owner, said that Hermosa Beach had the worst reputation in the nation for its parking policies; said the Council action in doubling the parking meter rates had made headlines in all of the local papers; suggested that the Council consider other ways of funding the Downtown Implementation Plan, such as selling a square foot of the parking project for 1,000 or considering a Community Redevelopment Agency to allow project tax dollars to stay in the area; Kathleen Midstokke - Second Street, submitted a written demand pursuant to Government Code ' 54960.1 and exhaustion of administrative remedies regarding eight Council actions taken on item 8 at the February 14, 1995 meeting, in apparent violation of Government Code ' 54954.2; said the notice given on the agenda was misleading as there was not sufficient detail for residents to understand that it affected not just the downtown area but parking throughout the City; Sheila Donahue Miller - 17th Street, agreed with Ms. Midstokke; said the citizens are at least owed a proper notice when the City doubles the parking fees; spoke regarding the possibility of the City going to Court for relief of the Beach Deed restrictions; said the 1911 deed was illegal and the restrictions recorded in the 1907 deed applied; said if the City went to Court it could lose the bikepath on the Strand as well, as it was illegal; Rosamond Fogg - Sixth Street, submitted information regarding the letter from Macpherson Oil, item B(1); said Macpherson does not have a site plan nor a legal EIR and had withdrawn the Coastal Commission plan; said there was a basis for every claim in the initiative petition and if anyone had any questions they could call 372- 1573 for more information; Pat Davis - representing Macpherson Oil, submitted information; spoke regarding the Macpherson Oil letter, item B(1); said in the Long Beach lawsuit that the Court had determined that parking and access roads were permissible uses of tidelands oil revenue; John Burt - 1152 Seventh Street, said he was against tattoo parlors, they should go somewhere else; asked that the speed limits on the Strand be enforced; and, David Gautschy - representing Macpherson Oil, spoke to the benefits that the proposed oil project could bring to the residents of the area; said the oil project in Huntington Beach compares to Hermosa in size and proposed production and it does not have the problems claimed in the initiative petition; said that the Macpherson project had very experienced people working on it; said that less than 50 percent of the crude oil used in the nation comes from wells in the United States; said oil from this project would be processed in El Segundo and could be used locally, as well as the natural gas; said the project would bring long range benefits to the community as well as money to the City and School District. City Attorney Michael Jenkins responded, at the Council's request, to Ms. Midstokke's comments; gave a brief description of the requirements of the Government Codes referred to as "The Brown Act"; said that in discussion with the City Manager it had been the intention to have only agreement in concept, with the items returned at a later meeting for a public hearing and citizen comments; said that staff understood that there was to be no final action prior to bringing the items back to Council; and said in the future there would be more specificity given in the agenda, even if it exceeded the 20 word limit suggested by the Government Codes, in the description of recommended Council actions. The Councilmembers, individually, expressed general agreement with the City Attorney's interpretation of the actions taken on item 8 at the February 14, 1995 meeting and agreed that there was to be no change made to parking fees until the items had been brought back before the Council. At 7:43 P.M., the order of the agenda was suspended to go to the public hearing, item 4, advertised to start at 7:30 P.M. (b) WRITTEN COMMUNICATIONS 1)Letter from the Macpherson Oil Company dated February 22, 1995 responding to comments made on Stop Oil's second initiative petition. Action: To receive and file. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 2)Letter from James Lissner dated February 21, 1995 regarding charges for duplication of documents. Action: To direct staff to examine the City's charge for duplication of documents and return to Council with a recommendation. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Edgerton, (f) Mayor Benz for resident Betty Ryan, and (g) Edgerton. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on February 7, 1995; and, 2)Minutes of the Regular meeting held on February 14, 1995. Supplemental letter from Howard Longacre, Hermosa Beach, requesting that his point-of-order protesting the actions taken on Item 8, recorded in item (1)(a)(2), Minutes of the Regular Meeting of February 14, 1995, be noted as having been accomplished without proper notice to the public. Action: To approve the minutes of the Adjourned Regular meeting of February 7, 1995 and the Regular Meeting of February 14, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS 2653 THROUGH 2800 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 2653, 2654, 2655, 2656, 2657 AND 2719 AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report; This item was removed from the consent calendar by Councilmember Edgerton for further discussion later in the meeting due to his request that copies of the City's Investment Policy, as presented by the City Treasurer, be made available for anyone wishing to see it. Mayor Benz questioned the low amount of parking revenue and was told it reflected the bagging of the meters in December for the Holiday period. Action: To receive and file the January, 1995, financial reports as presented. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. (e) REQUEST FOR 30-DAY EXTENSION OF THE TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated February 22, 1995. Action: To approve the 30 day extension of temporary appointments of a Clerk Typist, an Administrative Aide and a Senior Building Inspector in the Community Development Department due to pending restructuring of the department and to approve the 30 day extension of the temporary appointment of a Clerk Typist for the Fire Department to fill a position vacant due to a medical leave. (f) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING SPECIAL STUDY TO CONSIDER TEXT AMENDMENTS TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE, CRITERIA FOR THE APPROVAL OF SUBDIVISIONS. Memorandum from Community Development Director Sol Blumenfeld dated February 21, 1995 This item was removed from the consent calendar by Mayor Benz, for resident Betty Ryan, for further discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item was: Betty Ryan - Monterey Blvd., said she had asked for a definition of certain terms, but had not received one; asked that the Council give a precise definition to the term "neighborhood". Action: To direct staff to prepare a text amendment to Section 29.5-8 of the Subdivision Ordinance, "Criteria for Approval of Subdivisions", with the further direction for staff to include the various options discussed regarding a definition of neighborhood. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO ADOPT THE FOLLOWING RESOLUTIONS: This item was removed from the consent calendar by Councilmember Edgerton for further discussion later in the meeting 1)Action: To adopt Resolution No. 95-5721, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES." Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz. (This action was taken after the meeting reconvened at 8:32 P.M., but is shown in order for clarity.) Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said the nightly news had said that the El Segundo base was not on the list slated for closure. 2)Action: To adopt Resolution No. 95-5722, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING SUPPORT FOR RETENTION OF SPACE AND MISSILE SYSTEMS CENTER AT LOS ANGELES AIR FORCE BASE, CALIFORNIA AND RETAINING LOS ANGELES AIR FORCE BASE AS AN ACTIVE AIR FORCE INSTALLATION." Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz. 2.CONSENT ORDINANCES a)ORDINANCE NO. 95-1126 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE PARKING REQUIREMENT FOR GYMNASIUMS/PHYSICAL FITNESS CENTERS AND THE ADOPTION OF A NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 22, 1995. Action: To adopt Ordinance No. 95-1126, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE IN REGARD TO THE PARKING REQUIREMENT FOR GYMNASIUMS/PHYSICAL FITNESS CENTERS AND THE ADOPTION OF A NEGATIVE DECLARATION." Motion Bowler, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (f), and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 8:20 P.M. The meeting reconvened at 8:32 P.M. and after the vote on item 1(g)(1), suspended the order of the agenda to take items 8, 7, 6, and 5, in that order. PUBLIC HEARINGS 4.ADOPTION OF THE NON-DISPOSAL FACILITY ELEMENT (NDFE) IN CONNECTION WITH THE CITY'S ADOPTED SOURCE REDUCTION AND RECYCLING ELEMENT. Memorandum and Resolution for adoption from Community Development Director Sol Blumenfeld dated February 21, 1995. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins advised the Council that its action, tonight, was limited to the adoption of the Resolution. The public hearing opened at 7:48 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:48 P.M. Action: To approve the staff recommendation to adopt Resolution No. 95-5720, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE NONDISPOSAL FACILITY ELEMENT IN CONNECTION WITH THE SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT AS MANDATED BY ASSEMBLY BILL 939." Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Mayor Benz asked for, and received, Council consensus to work with staff to draft a letter to the State Legislature regarding this issue and the costs associated with it that are incurred by cities, and return the letter for Council discussion and/or acceptance at a later meeting. At 7:51 P.M., the order of the agenda was returned to Public Participation, item (b)(1), Written Communications. MUNICIPAL MATTERS 5.MID-YEAR BUDGET REVIEW. Memorandum from Finance Director Viki Copeland dated February 23, 1995. This item was heard at 10:25 P.M. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and designations as presented, which would have a negative net change of 1,208, and to include the repair of the entire floor at Clark Stadium if it was possible to have it reimbursed by FEMA. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 6.AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR LIFEGUARDS AND BEACH MAINTENANCE. Memorandum from City Manager Stephen Burrell dated February 21, 1995. This item was heard at 9:48 P.M. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said the Lifeguards will leave by April 1, 1995 unless they receive money for services and beach maintenance; and, Shirley Cassell - Hermosa Beach, warned that, "Once the County is in your face they don't get out"; cited the example of the County Courthouse land expansion in Torrance. Action: To approve the staff recommendation: 1)That the City Council approve an "agreement in principle" with the County of Los Angeles to pursue a partnership agreement to construct parking structures as set forth in the Downtown Implementation Plan in lieu of executing a new beach services agreement. This commitment should be formally communicated to the Board of Supervisors by minute action and letter; and, 2)That the City Council direct the City Manager to continue negotiations with the County of Los Angeles and report back with a final agreement for City Council consideration as soon as possible. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton. The meeting recessed at 10:12 P.M. The meeting reconvened at 10:25 P.M. 7.1995 SPECIAL EVENTS. Memorandum from Community Resources Director Mary Rooney dated February 21, 1995. Supplemental information from the Community Resources Department dated February 27, 1995. Supplemental letter from Howard Longacre, Hermosa Beach, received February 28, 1995, requesting that his point-of-order regarding possible insufficient public notice on the agenda listing for items 7 and 8 be noted. This item was heard at 8:50 P.M. City Attorney Jenkins advised the Council that this item needed to be noticed in greater detail and said that the Council could give general direction to staff but could not take specific action at tonight's meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Gene LeDuff - CE Sport, 4-Women Pro Volleyball, spoke regarding his event, said it would be shown on ESPN as taped events; said the bleachers would hold approximately 1,800 spectators; Gorde Matton - WPVA, Women's Pro Volleyball, said the game would be televised live on CBS on Sunday, June 11, 1995, at 11:00 A.M.; asked that announcements be made to encourage a crowd to come out that early in the day; Gene LeDuff - CE Sports, Olympic Qualifier, explained this first time event; said that this would be one of two events in the USA to qualify Olympic contenders; Gino Grajeda- AAU, youth events, spoke to his event, said there would be three age groups competing: High School, Junior High School and Elementary School; Matt Gage - AVP, 2-Man Pro Volleyball Championships, said the event would be a 45 man draw for the World Championship and would be televised live on NBC; said the stadium would hold 5,500 seats; Mark Billik - Anywhere Sports, said the event would be an in-line skating clinic and exhibition with professional skaters teaching safety technique and the proper equipment to use plus product distribution; Michael Epstein - Fleet Feet Triathlon, said the event would consist of a quarter mile swim, a nine mile bicycle race and a three mile run composed of both relay teams and individuals; Shirley Cassell - Hermosa Beach, questioned how many week-ends would be used for these events (staff responded that it would be five week-ends of the fifteen in the summer months); John Burt - 1152 Seventh Street, objected to the beach being used for these events; Pete Tucker - 34th Street, requested that notices be posted on the streets affected by the Triathlon to alert residents of the street closure hours; and, Garrison Frost, Sr. - 58 Pier Avenue, Coast Drug owner, said that events that get Hermosa Beach on the world map are impressive; said he particularly liked the fact that events were extended before and after the summer season, that this helped downtown businesses; congratulated staff on the schedule. Councilmember Reviczky and Community Resources Director Rooney said that residents along the route of the Triathlon were notified prior to the event of street closures, etc. Action: To approve in concept the Parks, Recreation and Community Resources Advisory Commission and staff recommendation for the 1995 slate of beach use special events, listed below, and to direct staff to return the items for formal approval and authorization for the Mayor to sign contracts at the regular meeting of March 14, 1995: 1)CE Sports - 4-Woman Pro Volleyball Tourney, May 13- 14, 1995, fees of 12,454, (fourth year); 2)WPVA - Women's Pro Volleyball Tourney, June 9-11, 1995, fees of 15,708, (seventh year); 3)Viking Graham - International Pro Beach Soccer Tournament, either July 22-23 or August 19-20, 1995, fees of 16,142, (second year); 4)CE Sports - Olympic Qualifier Volleyball Tournament, July 11-16, 1995, fees of 26,497 (new event); 5)AAU - Amateur Athletic Union Junior National Beach Volleyball Championships, August 8-10, 1995, non- profit youth group, fees of 192, (new event); 6)AVP - 2-Man Pro Beach Volleyball Championships, August 25-27, 1995, fees of 25,992, (ninth year); 7)Anywhere Sports - In-Line Spectacular, September 17, 1995, fees of 7,384, new event; and, 8)Fleet Feet - Michael Epstein Sports Production's Hermosa Beach Sprint Triathlon, October 15, 1995, fees of 5,529, fourth year, for a total of six summer events and two off-season events with a total of 108,814 in fees to the City. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 8.ST. PATRICK'S DAY PARADE. Memorandum from Community Resources Director Mary Rooney dated February 21, 1995. Supplemental memorandum from the Community Resources Department dated February 27, 1995. Supplemental letter from Howard Longacre, Hermosa Beach, received February 28, 1995, requesting that his point-of-order regarding possible insufficient public notice on the agenda listing for items 7 and 8 be noted. This item was heard at 8:35 P.M. City Attorney Jenkins advised the Council that they could take action on this item at tonight's meeting as the description was sufficient to give reasonable notice to the public of the event, particularly as it had appeared on the Council agenda previously. Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the fees for banners that appeared in the contract should be omitted as the Council had waived the fee at the previous meeting. Coming forward to address the Council on this item were: J. Travers Devine - Chairman, South Bay Saint Patrick's Day Committee, Inc., said the organization considered the additional 2,000 as a debt to be repaid regardless of the amount (or lack of) net proceeds; said parade entries and vendor spots were being filled rapidly; showed the winning logo and said that the 100 first prize amount had been donated to the Hermosa Beach Police Association Dare program; submitted the first five parade buttons to the Council and said they had been printed courtesy of Pacific Silk-screen; Shirley Cassell - Hermosa Beach, questioned who the sponsor of the parade was (staff responded that it was a legal non-profit organization); and, John Burt - 1152 Seventh Street, said he was in favor of the parade. Action: To approve the Downtown Business Area Enhancement District Advisory Commission recommendation to: 1)approve the request from the South Bay Saint Patrick's Day Committee, Inc. to conduct a Saint Patrick's Day Parade on March 18, 1995; 2)approve the request to use electricity on lower Pier Avenue for the center stage area; and, 3)approve an allocation of 2,750 from the Downtown Business Area Enhancement District Advisory Commission Fund of the event. And, to approve the staff recommendation to: 1)approve an additional allocation of 2,000 from the Downtown Business Area Enhancement District Advisory Commission Fund for professional event management services (to be reimbursed from net proceeds); and, 2)approve and authorize the Mayor to sign the contract,with banner fees deleted from the contract and the Council amendment that the amount to be repaid from net proceeds be "up to 4,750", rather than 2,000. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Councilmember Bowler to discuss sunset clause. Councilmember Bowler spoke to his request. Action: To direct the City Attorney to return to the Council with a method of reviewing City Ordinances for current relevance. Motion Bowler, second Mayor Benz. The motion carried by a unanimous vote. b)Request by Councilmember Bowler to discuss policy for Community Development Department to notify City Council of any new group homes coming into Hermosa Beach. Councilmember Bowler spoke to his request. Action: To direct the staff of any applicable department to notify the City Council if any new group homes are being allowed by the State to come into Hermosa Beach. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. c)Request by Councilmember Edgerton to send a letter to the Attorney General in favor of Besties and requesting to allow it to continue to do business. At the request of Councilmember Edgerton this item was postponed to the regular meeting of March 14, 1995.. Councilmember Edgerton announced that the South Bay Police and Fire Memorial Fund golf tournament was to be held on Monday, March 13, 1995, starting at 9:00 A.M. with a dinner to follow that evening at the Los Verdes Country Club. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, said he was in favor of working with Macpherson Oil to get the project started. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 28, 1995 at the hour of 10:58 P.M. to the Regular Meeting of Tuesday, March 14, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 14, 1995, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, resident ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Benz Absent: Oakes (arrived at 7:16 P.M.) ANNOUNCEMENT: Mayor Benz reported on the golf tournament that collected 40,000 for the Police Memorial Fund and thanked everyone involved in the event. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Sheila Donahue Miller - 17th Street, asked if the City had applied to CEQA regarding the proposed revitalization of the downtown area; expressed concern about the new liquor licenses in the City; said there were too many now; and, Tom Morley - requested that the Council agendize re- starting the clock on the Macpherson Oil project. (b) WRITTEN COMMUNICATION 1.Letter from Howard Longacre dated March 6, 1995 regarding the lack of Business Plan, and public understanding of impacts of implementation of proposed Downtown Plans. Action: To receive and file. Motion Bowler, second Edgerton, The motion carried by a unanimous vote. 1.CONSENT CALENDAR City Clerk Doerfling said the minutes of February 28, 1995 would be clerically corrected to show Howard Longacre's point of order referred to items 7 and 8 of the February 28th meeting, not the meeting of February 14, 1995. Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Edgerton and (i) Bowler. Motion Reviczky, second Bowler.The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting of the City Council held on February 28, 1995. Action: To approve the minutes of the Regular Meeting of the City Council held on February 28, 1995 as presented, with the correction noted by City Clerk Doerfling. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 2651, 2652, AND 2801 THROUGH 2896 INCLUSIVE, NOTING VOIDED CHECK NOS. 2808, 2809, 2810, 2811, 2812, 2813 AND 2851. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE 1995 SPECIAL EVENTS CONTRACTS (REFER TO STAFF REPORT FOR SPECIFIC EVENTS/DATES). (Continued from meeting of February 28, 1995). Memorandum from Community Resources Director Mary Rooney dated March 6, 1995. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the contracts for the following 1995 slate of special beach events and to authorize the Mayor to sign each contract: 1)CE Sports - 4-Woman Pro Volleyball Tournament, scheduled for May 13-14, 1995; 2)WPVA - Women's Pro Volleyball Tournament, scheduled for June 9-11, 1995; 3)CE Sports - Olympic Qualifier Volleyball Tournament, scheduled for July 11-16, 1995; 4)AAU - Western Junior Nationals (youth) Volleyball, scheduled for August 9-10, 1995; 5)Viking Graham - Pro Beach Soccer, scheduled for August 19-20, 1995 (date subject to change); 6)AVP - World Championships of Volleyball, scheduled for August 25-27, 1995; 7)Anywhere Sports - In-Line Skating Spectacular, scheduled for September 17, 1995; and, 8)A Day at the Beach Triathlon - Sprint Triathlon, scheduled for October 15, 1995, with the understanding that the City may potentially use the various stadium set ups for fund raising activities during times when the stadium is not used for the event. (e) RECOMMENDATION TO AWARD CONTRACT TO RONALD L. SMITH CONTRACTORS IN THE AMOUNT OF 96,524.00 FOR STORM DRAIN IMPROVEMENTS AT BEACH DRIVE - 13TH AND 17TH STREETS (CIP 94-301), AND ACCEPT DONATION OF 15,000 FROM HERMOSA BEACH RESIDENTS TOWARD CONSTRUCTION OF THIS PROJECT. Memorandum from Public Works Director Amy Amirani dated March 7, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions; said that two residents made the donation in order to partially fund an extension of the storm drain to prevent flooding to their property. Action: To approve the staff recommendation to: 1)award the construction contract to Ronald L. Smith contractors, of Chatsworth, California, in the amount of 96,524, for storm drain improvements at Beach Drive and 13th and 17th Streets; 2)authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3)direct the City Clerk to reject all other bids and release all bid bonds; 4)authorize the Director of Public Works to accept the project as complete on behalf of the City Council, upon completion of work; 5)authorize the Director of Public Works to make minor changes as necessary within budget; 6)appropriate Sewer Funds in the amount of 101,002 to CIP 94-301; and, 7)accept the donation of 15,000 from two Hermosa Beach residents toward the construction of this project. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE REQUEST FROM THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 11 IN THE COMMUNITY CENTER, AND AUTHORIZE THE MAYOR TO SIGN THE LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated March 6, 1995. Action: To approve the staff recommendation to: 1)approve the one-year lease agreement between the South Bay Free Clinic and the City for the use of Room 11 in the Community Center at a rate of 360 per month (400 sq.ft. X .90 per sq.ft.) from April 1, 1995 through June 30, 1995, and 372 per month (400 sq.ft. X .93 per sq.ft.) from July 1, 1995 through March 31, 1996 for a total rental income of 4,428; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE THE RENEWAL OF THE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY COALITION FOR THE USE OF ROOM 4 IN THE COMMUNITY CENTER, AND AUTHORIZE MAYOR TO SIGN THE LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated March 6, 1995. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Coalition and the City for the use of Room 4 in the Community Center at a rate of 718 per month (798 sq.ft. X .90 per sq.ft.) from April 1, 1995 through June 30, 1995, and 742 per month (798 sq.ft. X .93 per sq.ft.) from July 1, 1995 through March 31, 1996 for a total rental income of 8,832; and, 2)authorize the Mayor to sign the lease. (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR: Memorandum from Personnel Director Robert Blackwood dated March 8, 1995. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1(a) Claimant: Stephen A. Martin Date of Loss:01/04/95 Date Filed :02/23/95 Allegation :claimant alleges City action (sand bagging) caused storm water run off to pick up debris from Greenbelt which clogged the storm drain and caused garage to flood; 1(b) Claimant: Stacey T. Percan Date of Loss:01/04/95 Date Filed :02/27/95 Allegation :same as above; 1(c) Claimant: Kristene Snajder Date of Loss:01/04/95 Date Filed :02/27/95 Allegation :alleges that storm drains were clogged by wood chips which caused garage to flood; 2)Claimant: Norene Coates Date of Loss:08/03/94 Date Filed :01/30/95 Allegation :claimant alleges that while rollerblading she "was caused to be thrown to the ground by cement stumps and poles" near the intersection of Hermosa Avenue and Longfellow; and, 3)Claimant: Lori Grospitz Date of Loss:12/17/94 Date Filed :02/02/95 Allegation :alleges that balloons from City party caused power outage, therefore causing breakers to trip and damage the compressor of her refrigerator. (i) RECOMMENDATION TO AWARD A CONTRACT TO THE AEROSPACE CORPORATION FOR AN AMOUNT NOT TO EXCEED 22,500.00 TO INCLUDE HERMOSA BEACH IN A DESIGN STUDY FOR A PUBLIC SAFETY DISPATCH CENTER, AND APPROVE AN ADDITIONAL ALLOCATION OF 22,500.00 TO PAY FOR THE STUDY AS THE 1994-95 BUDGET DOES NOT CONTAIN FUNDS FOR THIS STUDY. Memorandum from Police Chief Val Straser dated March 7, 1995. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Police Chief Straser presented the staff report and responded to Council questions; said that the present dispatch center was aging and there was no replacement fund; suggested that if this is a viable option that operation would be less costly as it is a shared facility; said the decision would be brought back in June. Action: To approve the staff recommendation to: 1)award a contract for an amount not to exceed 22,500 to the Aerospace Corporation in order to include Hermosa Beach in a design study for a public safety dispatching center; 2)approve an additional allocation of 22,500 to pay for the study as the FY 1994-95 budget does not contain money for this study; 3)authorize the Mayor to sign any contracts; and, 4)direct staff to evaluate Hermosa Beach participation in the project for FY 1995-96. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (j) (1) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH FIREFIGHTERS' ASSOCIATION. Memorandum from Personnel Director Robert Blackwood dated March 8, 1995. Action: To adopt Resolution No. 95-5723, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH HERMOSA BEACH FIREFIGHTER'S ASSOCIATION GOVERNING THE CLASSIFICATIONS OF FIRE CAPTAIN, FIRE ENGINEER, FIREFIGHTER/PARAMEDIC, AND FIREFIGHTER." (2) RECOMMENDATION TO ADOPT A RESOLUTION OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR MEMBERS OF THE HERMOSA BEACH FIREFIGHTERS' ASSOCIATION (SWORN FIRE). Action: To adopt Resolution No. 95-5724, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE HERMOSA BEACH FIREFIGHTER'S ASSOCIATION." (k) (1) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION, CAPTAINS' BARGAINING UNIT. Memorandum from Personnel Director Robert Blackwood dated March 8, 1995. Action: To adopt Resolution No. 95-5725, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH HERMOSA BEACH POLICE OFFICERS' ASSOCIATION CAPTAINS BARGAINING UNIT." (2) RECOMMENDATION TO ADOPT A RESOLUTION OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR MEMBERS OF THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION, CAPTAINS' UNIT (SWORN POLICE). Memorandum from Personnel Director Robert Blackwood dated March 8, 1995. Action: To adopt Resolution No. 95-5726, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE HERMOSA BEACH POLICE ASSOCIATION, CAPTAINS UNIT." (l) (1) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION, OFFICERS' AND SERGEANTS' BARGAINING UNIT. Memorandum from Personnel Director Robert Blackwood dated March 8, 1995. Action: To adopt Resolution No. 95-5727, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH HERMOSA BEACH POLICE OFFICERS' ASSOCIATION OFFICERS AND SERGEANTS BARGAINING UNIT." (2) RECOMMENDATION TO ADOPT A RESOLUTION OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR MEMBERS OF THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION, OFFICERS' AND SERGEANTS' UNIT (SWORN POLICE). Blackwood dated March 8, 1995. Action: To adopt Resolution No. 95-5728, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 9% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE HERMOSA BEACH POLICE ASSOCIATION, OFFICERS AND SERGEANTS UNIT." 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None HEARINGS: 4.SPECIAL STUDY 93-8, PART III, TO STUDY THE COMMERCIAL PERMITTED USE LIST.Memorandum from Community Development Director Sol Blumenfeld dated March 2, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions. The hearing opened at 7:41 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, noted that businesses such as tattoo parlor, body piercing and escort service were not included in the list of permitted uses; questioned if the director could allow such uses; did not want a department director making such a decision for the Council; Sheila Donahue Miller - 17th Street, opposed to delegating decision to a department director; and, John Burt - 1152 Seventh Street, opposed to some businesses. The hearing closed at 7:46 P.M. Proposed Action: To adopt exhibit "B" and exhibit "C" with any determination of similar uses coming before the Council as a consent calendar item, and any new use going before the Planning Commission and the City Council as public hearings. Motion Edgerton. The motion died due to the lack of a second. Action: To approve exhibit "B", changing the definition of "dancing customer" to dance instruction or dance studio; to approve exhibit "C" , adding a fifth criteria: item E. All determinations made by the Community Development Director, either in acceptance or rejection of similarity to established permitted use, shall come before the City Council on the next possible consent calendar; and with the understanding that any new use would continue to require a text amendment hearing. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton. MUNICIPAL MATTERS 5.1995 MEMORIAL DAY AND LABOR DAY FIESTA DE LAS ARTES & APPROVAL TO DIRECT STAFF TO AMEND THE MUNICIPAL CODE TO PERMIT ESTABLISHMENT OF A TEMPORARY BUSINESS LICENSE FEE FOR ALL SPECIAL EVENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 8, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 8:21 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that the Chamber of Commerce charged each vendor 600 per event for the 415 spaces at each Fiesta, said Hermosa store owners were charged 300 to use the space outside their stores during a Fiesta; said this amounted to over 750,000 per year that the Chamber collected for the use of the City streets; questioned why the Fiesta Director, Mark Conte, or farmers market participants had no Hermosa business license; said the City should see the Chamber's financial records and books; John Burt - 1152 Seventh Street, agreed with Mrs. Cassell; said the City should run the Fiestas and that closing the streets was unfair to the residents; Carol Duff - Chamber of Commerce Executive Director, asked that the Council consider item 1 and 2 of the staff recommendation separately; requested that the Council approve the request for the Fiestas, item 1; requested that the Council defer a decision regarding temporary business licenses for Fiesta vendors, item 2, for 60 days in order to allow the Chamber to return with suggestions; responded to Council questions; John Workman - Chamber of Commerce President, presented some historical background on the Fiestas; and, James Dewey - 701 Manhattan Avenue, said that collecting 25 from 1,000 vendors could pose an administrative problem for the City; suggested the Council grant the 60 day request and see what other options are brought forth. Public participation closed at 8:45 P.M. Action: To approve the Chamber of Commerce sponsored "Fiesta de las Artes" downtown street fairs for the week- ends of May 27, 28 and 29, 1995 and for September 2, 3 and 4, 1995; and, to approve street closures for those dates from the hours of 6:00 A.M. to 8:00 P.M. each day for the following: a)Pier Avenue from the Strand to Manhattan Avenue; b)Hermosa Avenue from 10th Street to 14th Street; and, c)11th Street west of Hermosa Avenue to 20 feet east of the parking lot; Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Final Action: To approve the Chamber of Commerce request for a 60 day continuance on the proposal to collect a temporary business license (Itinerant Vendor License) of 25 each, starting in 1996, from Fiesta participants. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 9:10 P.M. The meeting reconvened at 9:29 P.M. 6.SUNSET DRIVE - ENCROACHMENT ISSUES. Memorandum from Public Works Director Amy Amirani dated March 6, 1995.Supplemental letter from Elizabeth Edwards Harris dated March 13, 1995. Supplemental letter from Karen B. Hanes received March 14, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell responded to Council questions. Public participation opened at 9:32 P.M. Coming forward to address the Council on this item was: Frances Parker - 521 1/2 Loma Drive, owner of lot #4, explained the method used for utility workers' access to the power pole on the easement. Public participation closed at 9:33 P.M. Action: To approve the staff recommendation to: 1)authorize the City Manager to negotiate agreements to allow adjacent property owners to lease City owned parcels of Sunset Drive between 4th Street and 6th Street (staff suggestion of 99 year leases at 11 per square foot for a total of 26,400); and, 2)appropriate the proceeds from the leasing of Sunset Drive to the funding of improvements to South Park (CIP 94-515) Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 7.ST. PATRICK'S DAY PARADE COMMITTEE: REQUEST FOR REDUCTION IN INSURANCE COVERAGE. Supplemental memorandum from Community Resources Director Mary Rooney dated March 8, 1995. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:36 P.M. Coming forward to address the Council on this item were: J. Traver Devine - 38-B Eighth Street, spoke to the request; said the reduction from two million to one million dollars of liability coverage would save the Committee 1,000. Public participation closed at 9:37 P.M. Action: To approve the request from the Saint Patrick's Day Weekend Committee to reduce the amount of insurance coverage required by the City for the Saint Patrick's Day Parade from two million to one million per incident, with the understanding that next year the insurance amount would be the normal two million dollars. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 8.CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION TO DELETE SECTIONS OF THE MUNICIPAL CODE THAT ALLOW OIL DRILLING AT CITY YARD SITE AND FORMER SOUTH SCHOOL PLAYGROUND. Memorandum from City Clerk Elaine Doerfling dated March 6, 1995. Supplemental memorandum, proposed budget and Resolutions from City Clerk Elaine Doerfling dated March 14, 1995. Councilmember Reviczky declared a potential conflict of interest due to residing within the project area and left the dais and the room. City Clerk Doerfling presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:46 P.M. Coming forward to address the Council on this item were: Tom Morley - 561 Loma Drive, said the "Stop Oil" committee would prefer an immediate election date as the signers of the petition had called for a special election in order to have the Council receive their input as soon as possible; said it was a question of democracy; Chris Smith - 311 28th Street, questioned what the compelling urgency was to spend 51,000 for a special election in June as opposed to the regular election in November; said there were better ways to spend the money; Pat Davis - representing Macpherson Oil, said the same issue was on the November ballot and it was unlikely that any drilling would begin before the November date, so did not see the need to spend the money for a special election; Mary Lou Weiss - 2506 Ardmore, opposed to a special election; said she would rather see the 51,000 used for other purposes; and, John Burt - 1152 Seventh Street, opposed to a special election. Public participation closed at 9:57 P.M. Action: To submit the proposed ordinance at the November 7th Regular Municipal Election instead of at a special election pursuant to Elections Code Section 9225, which permits Council to delay the election to the next regular municipal election date if the special election would occur within six months prior to the regular election. Motion Bowler, second Mayor Benz. The motion carried, noting the dissenting vote of Oakes and the absence of Reviczky. Councilmember Reviczky returned to the dais at 9:59 P.M. 9.CITY OF HERMOSA BEACH EMERGENCY OPERATIONS PLAN AND ORDINANCE AMENDING ORDINANCE #76-547 CHAPTER 8 OF THE MUNICIPAL CODE SECTION 8-5 CIVIL DEFENSE AND DISASTER RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS OF THE CITY DURING TIMES OF EMERGENCY. Memorandum, Ordinance for introduction and Resolution for adoption from Assistant City Manager Mary Rooney dated March 1, 1995. Supplemental information received March 13, 1995. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:07 P.M. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, said he was in favor of emergency preparation. Public participation closed at 10:08 P.M. Action: To approve the staff recommendation to: 1)approve the policy manual for the City's Emergency Operations Center (EOC); 2)introduce Ordinance No. 95-1127, which amends Ordinance No. 75-547 and Hermosa Beach Municipal Code Section 8-5; and, 3)adopt Resolution No. 95-5729 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 8-5 OF THE MUNICIPAL CODE TO CHANGE THE ORDER OF COMMAND OF OPERATIONAL PERSONNEL SHOULD THE CITY BE IN A STATE OF EMERGENCY." Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Final Action: To waive full reading of Ordinance No. 95- 1127, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO 76-547, CHAPTER 8 OF THE MUNICIPAL CODE SECTION 8-5, CIVIL DEFENSE AND DISASTER RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS OF THE CITY DURING TIMES OF EMERGENCY." Motion Edgerton, second Mayor Benz. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 10. BROWNING-FERRIS INDUSTRIES CONTRACT - SECOND 5-YEAR TERM. Memorandum from City Manager Stephen Burrell dated March 9, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:17 P.M. Coming forward to address the Council on this item were: Chip Scholz - representing Browning-Ferris, explained the different costs between the refuse companies, said Western Waste charged extra for scout service (a small truck that brings the bins out to the street for the refuse truck) and that 80 percent of commercial and multi-family buildings had a need for the scout service which BFI provided at no extra charge; said the rates paid in Hermosa Beach were the lowest in the area; and, John Burt - 1152 Seventh Street, questioned who were other customers of BFI. Public participation closed at 10:34 P.M. Action: To approve the staff recommendation to direct the City Manager to begin negotiations with Browning- Ferris Industries (BFI) for the second five-year option on the current refuse contract and to include : 1)clarification of large item pick-up; 2)commercial recycling; 3)household hazardous waste program; 4)AB939 reporting requirements and AB939 fee; 5)public trash container pick-up; 6)consumer recycling materials; 7)special pick-up days; 8)update indemnification clause; 9)billing procedure, including lien process and using tax bill process; and, 10) an update of the entire contract, with the understanding that: a)once the draft plan of services is complete the entire package will be returned to the City Council for review and approval; and, b)if no agreement is reached with BFI, the entire package would be sent out requesting proposals from other refuse hauling firms. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Edgerton to send a letter to the Attorney General in favor of Besties and requesting to allow it to continue to do business. (Continued from meeting of February 28, 1995). Councilmember Edgerton requested that this item be withdrawn from the agenda for an indefinite period. CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, opposed to a Police dispatch center in El Segundo; said it should stay in Hermosa Beach; opposed to the Police Officers Association and to several individual members of the Police Department. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 14, 1995 at the hour of 10:46 P.M. to the Regular Meeting of March 28, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 28, 1995, at the hour of 7:07 P.M. PLEDGE OF ALLEGIANCE - John Burt, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None ANNOUNCEMENTS: Mayor Benz announced that item 6, had been removed from this agenda at the request of staff. INTRODUCTION OF NEW FIRE CHIEF - PETER BONANO Mayor Benz introduced the new Fire Chief, Peter Bonano, who said he was pleased and honored to be representing the City of Hermosa Beach as its Fire Chief. PRESENTATION:PRESENTATION OF A 2,700 DONATION TO THE HERMOSA BEACH COMMUNITY CENTER FOUNDATION FROM THE HERMOSA BEACH KIWANIS CLUB Cary Bichlmeier, manager of the tree lot for the Hermosa Beach Kiwanis Club thanked the Council for the use of the Community Center lawn for the Holiday Tree lot, said that sales had grown each year due to the hard work of the volunteers and community awareness, and introduced Dallas Yost, President of the Kiwanis Foundation, Cathy McCurdy, Dick McCurdy and Bunny Muter. Mr. Bichlmeier then presented a check for 2,749.39, which represented ten percent of the proceeds of the lot, to Community Resources Director Mary Rooney who accepted on behalf of the Community Center Foundation. PUBLIC PARTICIPATION: Deputy City Clerk Valdes announced that a written point-of- order, dated March 27, 1995, had been submitted by Howard Longacre pertaining to inadequate public notice for agenda item 7 of tonights regular meeting of March 28, 1995. (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Howard Longacre - 1221 Seventh Place, spoke to his point-of-order regarding item 7; asked that it go back to the Planning Commission for a public hearing; said this was a new procedure that affected only R-1 property owners. City Attorney Michael Jenkins said that a public hearing was not required to change the Municipal Code, that only zoning items required a public hearing, and that item 7 could be handled by Council tonight or, at the Councils discretion, could be sent back to the Planning Commission for a public hearing. Continuing to come forward to address the Council were: Sheila Donahue Miller - 17th Street, said that item 7 was a major change and should be allowed a public hearing; disagreed with the City Attorneys opinion; Shirley Cassell - Hermosa Beach, questioned why item 7 only applied to single family residences and not all zones; said there was little building in the City now due to building regulations; said there should be a public hearing for this change; and, Betty Schultz - 670 Gould Avenue, said that a 3,000 sq. ft. house had been built next to her home which had caused a 100,000 loss to her property value due to losing her view; said it was too late for her property, but felt the new requirement could help others. Action: To remove item 7 from the agenda and send it back to the Planning Commission for a full public hearing for both the new notice requirement and the change in allowable hours of construction. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Continuing to come forward to address the Council were: John Burt - 1152 Seventh Street, said item 7 should be sent back to the Planning Commission; asked that items 6 and 7 be pulled; J. Traver Devine - 38-B Eighth Street, St. Patricks Day Parade Co-Chairperson, thanked the City, City Council, City staff, Chamber of Commerce and everyone who had helped make the first St. Patricks Day Parade such a success. Mayor Benz thanked the St. Patricks Day Parade committee for an enjoyable event for the City and its residents. Continuing to come forward to address the Council were: Jan McHugh - First Place, spoke regarding a neighborhood problem at property owned by Vasek Polak at 725 First Place, due to the illegal rental to at least eight people; said that the property was supposed to be used by just one caretaker; said trash enclosures and landscape for the property had not been done; and, John McHugh - First Place, spoke to the same problem; said there was no way to park on the property as the driveway had been taken out; said Vasek Polak employees take up all of the street parking, sometimes even parking in front of resident driveways; asked the Council for resident only parking. City Manager Stephen Burrell gave an overview of the Vasek Polak situation. Mayor Benz, with the consensus of the Council, directed the City Manager to review the matter and to bring the issue back to Council on a future agenda. Continuing to come forward to address the Council was: Janet Hatcher - Third Street, questioned why the City had not followed through with Grant requests for medians and planting to beautify Pacific Coast Highway; and, asked the City to find a way to ban low flying aircraft over residential areas. (b) WRITTEN COMMUNICATION 1.Letter from Howard Longacre dated March 21, 1995 regarding previous Council agenda not being displayed on the Local Cable Access channel, and the ability to receive just the Local Cable Access Channel. Coming forward to address the Council on this item was: Howard Longacre - 1221 Seventh Place, asked for an apology for statements made by a Councilmember. ACTION: To receive and file. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k). Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Deputy City Clerk Valdes noted that the minutes of March 14, 1995 will be corrected clerically to show the dissenting vote in item 4 as Councilmember Edgerton and not Mayor Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:48 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on March 7, 1995; and, 2)Minutes of the Regular meeting held on March 14, 1995. Action: To approve the minutes of the Adjourned Regular meeting held on March 7, 1995 and the minutes of the Regular meeting held on March 14, 1995 as presented, noting the correction stated above. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS 2907 THROUGH 3045 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 2907, 2908, 2909, 2910, 2911, 2978, 2979, 2980, 2981, 2982 AND 3013. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the February, 1995 Financial Reports as presented. (e)(1) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES' BARGAINING UNIT. Memorandum from Personnel Director Robert Blackwood dated March 21, 1995. Action: To adopt Resolution No. 95-5730, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES BARGAINING UNITS.", which provides a contract term from September 1, 1994 through June 30, 1997 with salary increases of a 2.5 percent retroactive to September 1, 1994; a 3 percent increase effective September 1, 1995; and, a 3.5 percent increase effective September 1, 1996. (2) RECOMMENDATION TO ADOPT RESOLUTION OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023 (C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 7% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES' UNITS. Memorandum from Personnel Director Robert Blackwood dated March 21, 1995. Action: To adopt Resolution No. 95-5731, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH IMPLEMENTING GOVERNMENT CODE SECTION 20023 (C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE 7% EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & MEDICAL EMPLOYEES UNION, LOCAL 911, GENERAL/SUPERVISORY AND ADMINISTRATIVE EMPLOYEES' UNITS." (f) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENT OF A CLERK TYPIST IN THE COMMUNITY DEVELOPMENT DEPARTMENT. Memorandum from Personnel Director Robert Blackwood dated March 15, 1995. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist in the Community Development Department pending final determination of the restructure of that department. (g) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A CHRISTMAS TREE LOT FOR THE 1995 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated March 20, 1995. Action: To approve the staff recommendation to approve the use of the Community Center lawn by the Kiwanis Club to operate a Christmas tree lot for the 1995 holiday season. (h) RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT DURING FY 1995-96. Memorandum from Public Works Director Amy Amirani dated March 21, 1995. Action: To adopt Resolution No. 95-5732, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2 OF 'LANDSCAPING AND LIGHTING ACT OF 1972', BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF OR PLANTING LANDSCAPING AND STREET LIGHTING FIXTURES, APPURTENANCES AND APPURTENANT WORK AND THE MAINTENANCE THEREOF IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996." (i) RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF A CROSSING GUARD MAINTENANCE DISTRICT DURING FY 1995-96. Memorandum from Public Works Director Amy Amirani dated March 21, 1995. Action: To adopt Resolution No. 95-5733, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE 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, 1995 AND ENDING JUNE 30, 1996." (j) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR: Action: To approve the staff recommendation to deny the following claims and refer to the Citys Liability Claims Administrator : Claimant:James Furbee, III Date of Loss: 01/25/95 Date Filed:03/15/95 Allegation : Claimant alleges the City violated his Civil Rights Claimant:Corey & Sharon Glave Date of Loss: 01/04/95 Date Filed:03/14/95 Allegation : Claimant alleges City negligence in not clearing storm drains thus causing property damage due to flooding. Claimant:Raymond King Date of Loss: 05/05/94 Date Filed:10/25/94 Allegation : Alleges sewer line was clogged which caused back flow in basement area and damage to personal property. Claimant:Kory Alan Swift Date of Loss: 10/01/94 Date Filed:03/06/95 Allegation : Alleges dangerous condition on Pacific Coast Highway at intersection of Second Street. (k) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING THAT CERTAIN JOINT POWERS AGREEMENT ESTABLISHING A "SOUTH BAY CITIES COUNCIL OF GOVERNMENTS," AND APPROVING BYLAWS FOR SAME. Memorandum from City Manager Stephen Burrell dated March 22, 1995. Action: To adopt Resolution No. 95-5734, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THAT CERTAIN JOINT POWERS AGREEMENT ESTABLISHING A 'SOUTH BAY CITIES COUNCIL OF GOVERNMENTS', AND APPROVING BY-LAWS FOR THE SAME." 2.CONSENT ORDINANCES a.ORDINANCE NO. 95-1127 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 76-547, CHAPTER 8 OF THE MUNICIPAL CODE SECTION 8-5, CIVIL DEFENSE AND DISASTER RELATING TO EMERGENCY ORGANIZATIONS AND FUNCTIONS OF THE CITY DURING TIMES OF EMERGENCY.", for adoption. Memorandum from City Clerk Elaine Doerfling dated March 20, 1995 Action: To adopt Ordinance No. 94-1127. Motion Reviczky, second Oakes. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. PUBLIC HEARINGS 4.FUNDING FOR DOWNTOWN IMPLEMENTATION PLAN. Memorandum from City Manager Stephen Burrell dated March 17, 1995. Written testimony from Bette Yee dated March 11, 1995 and Howard Longacre dated March 22, 1995. Councilmember Bowler declared a potential conflict of interest due to owning a business in the area and left the dais and the room at 7:49 P.M. City Manager Burrell presented the staff report and responded to Council questions. Mr. Burrell discussed the various options outlined in the staff report and said that it was fair to have a Benefit Assessment District, for maintenance, of those owners who would benefit from the improvements; requested that the Council consider that revenue raised through special events be used to pay for street furniture such as benches and kiosks; and, said that a 40 percent utilization rate was quite standard for parking meters. The public hearing opened at 8:12 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said the City should wait for oil revenue to fund this project; Susan Blaco - Seventh Street, said she didnt think that increasing the parking meter rates would help; asked Council to consider a parking structure; Sheila Donahue Miller - 17th Street, said the R/UDAT study had said nothing about adding new parking meters; said the improvements should be paid through an assessment district as the owners of the property would benefit from the improvements; opposed to parking meters on upper Pier Avenue as it will destroy the businesses there; Howard Longacre - Seventh Place, read his prepared statement to the Council; questioned if downtown property owners had offered to put up money for the improvements; does not support additional parking meters or increased rates; supports pay-as-you-go rather than City bonds; Patricia Gazin - First Street, spoke in favor of the downtown improvements and encouraged the Council to accept the plan; felt the City should charge more for parking and should beautify the downtown; and, Gary Kazanjian - owner of a business at 423 Pier Avenue for 20 years, spoke in opposition to meters on upper Pier Avenue; said there was a different mix of businesses from the downtown area that the customers usually required longer parking times; said there was no long term parking as there was in the lots downtown; asked for better parking enforcement; questioned when improvements to upper Pier Avenue might take place. City Manager Burrell said that improvements would go in following the utility changes which were scheduled for the latter part of 1996. Continuing to come forward to address the Council were: Shirley Cassell - Hermosa Beach, spoke in opposition to the City going into debt through bond sales; questioned how the enforcement of parking meters to midnight would be staffed; Jerry Newton - Circle Drive, suggested the Council consider a two-tiered parking rate structure with a lower rate for the downtown lots and the upper Pier Avenue area; Gary Wayland - 1097 Aviation Blvd., said he believed in a resident friendly downtown area; said that business owners were making improvements to their buildings and the City should help by improving the public areas; spoke in favor of a lower rate in the downtown parking lots and on meters for upper Pier Avenue; Patricia Spiritus - 1610 The Strand, suggested that meter enforcement go until 2:00 A.M. rather than midnight as the parking enforcement officers on the streets would add greater safety to the streets; suggested premium rates for the summer months as opposed to one year round price and suggested that the street sweeping be standardized for the silver meters to shorten the "no parking" time; Garrison Frost, Sr. - Coast Drug owner, submitted photo and spoke regarding the outdoor dining on Venice's Main Street which was achieved without a bond issue; said the City plan is flawed; spoke in opposition to removing or reducing parking on lower Pier Avenue; Missy Sheldon - 1800 The Strand, said that in conversations with friends and neighbors there was overwhelming support for the downtown revitalization plan; said the funding plan seemed reasonable and fair and urged the Council to approve the plan; Dallas Yost - Pacific Silk Screen owner, suggested a higher price for long term use in the parking lots and a two hour limit for street parking; said that if each parking space in the lots earned just 5 per day in revenue that would be 500,000 per year; Ann Berger - Torrance business owner, said that the revitalization in Torrance had been a great benefit to the businesses there; Jim Gierlich - 1900 The Strand, said that "First Night" had shown that Hermosa families would come to the downtown if a family atmosphere were created; and, Pat Davis - representing Macpherson Oil, said that future oil revenue could be used to offset the cost of many of the proposed improvements to the downtown. The public hearing closed at 9:10 P.M. Proposed Action: To consider using a portion of the six percent Utility Users Tax (UUT) rather than increasing parking rates or installing additional meters. Motion Mayor Benz. The motion died due to the lack of a second. Action: To approve the staff recommendations as amended to: 1)increase the parking meter rates to .25 for 15 minutes (1 per hour) in the downtown area only, defined as Pier Avenue west of Manhattan Avenue and Hermosa Avenue from Eighth Street to 16th Street, with the understanding that the boundaries could be redefined at a later time, and noting that there will be no increase for parking meters rates in residential areas; 2)create consistent hours of enforcement (8:00 A.M. to 12:00 midnight) for all meters in town including residential meters which currently are enforced 24 hours a day; 3)continue the current encroachment fee of .50 per square foot for outdoor dining space on public property; 4)install parking meters on upper Pier Avenue at a rate of .25 per 30 minutes (.50 per hour), defined as west of Valley Drive and east of Manhattan Avenue; 5)install parking meters or stations in lieu of attendant parking in downtown lots A, B and C at the rate of .25 for 20 minutes (.75 per hour) when the current contract with Allright Parking is completed; 6)direct staff to report back to Council with information regarding the use of revenue from the sale of the Alano Club property and the use of funds from the downtown lots A, B and C currently administered by the Downtown Business Area Enhancement District Advisory Commission; 7)direct staff to report back to Council with the financial impact of 20 minute free or reduced rate parking on lower Pier Avenue; 8)direct staff to bring back information regarding continuing the residential permit parking to a year- round basis and possibly extending the district to prevent overflow parking from intruding into the residential areas; 9)direct staff to return with numbers and options regarding the creation of a Benefit Assessment District to insure that the investments made are protected with required repair and maintenance; 10) direct staff to analyze the meter time limits city wide and return to City Council with recommendations, also to include information on meter technology that would permit varying rates and times; 11) direct staff to return to Council with the necessary documents to request permission from the Coastal Commission to hold fund raising events on the beach; and, 12) adopt Resolution No. 95-5735, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUBMIT AN APPLICATION FOR A COASTAL DEVELOPMENT PERMIT FOR THE DOWNTOWN IMPROVEMENT PROJECT.", which is a request to the California Coastal Commission for their review and approval. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz and the abstention of Bowler. The meeting recessed at 10:27 P.M. The meeting reconvened at 10:42 P.M. and returned the order of the agenda to item 2. 5.GENERAL PLAN RE-DESIGNATION FROM OPEN SPACE TO GENERAL COMMERCIAL AND ZONE CHANGE FROM OS TO C-3 FOR THE PURPOSE OF SALE OF THE PROPERTY LOCATED AT 702 - 11TH PLACE (ALANO CLUB), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, with an Ordinance for introduction and a Resolution for adoption. Memorandum from Community Development Director Sol Blumenfeld dated March 22, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 10:55 P.M. As no one came forward to address the Council, the public hearing closed at 10:55 P.M. Proposed Action: To change the proposed zoning of the property to SPA rather than C-3. Motion Reviczky, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Benz. Action: To approve the staff recommendation to introduce Ordinance No. 95-1128 and adopt Resolution No 95-5736, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN.". Motion Bowler, second Oakes . The motion carried, noting the dissenting vote of Reviczky Final Action: To waive further reading of Ordinance No. 95-1128, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." Motion Oakes, second Bowler. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 6.SPECIAL STUDY AND TEXT AMENDMENT REGARDING PARKING LOCATION ON ALL RESIDENTIAL LOTS AND ADDING OPEN SPACE OVERLAY ZONE (OS-O) TO ZONING ORDINANCE; ZONING PORTIONS OF PUBLIC RIGHT-OF-WAYS ABUTTING STRAND FRONTING CORNER LOTS (WHEN VACATED) TO OPEN SPACE OVERLAY ZONE; AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, with an Ordinance for introduction.Memorandum from Community Development Director Sol Blumenfeld dated March 22, 1995. Written testimony from Donna English dated February 15, 1995. Action: This item was removed from this agenda at the request of staff, and the removal was announced by Mayor Benz at the start of the meeting. MUNICIPAL MATTERS 7.CONSIDERATION OF TEXT AMENDMENTS TO PROVIDE A PUBLIC NOTIFICATION PROCESS FOR NEW RESIDENTIAL PROJECTS AND MAJOR REMODEL OR EXPANSION OF SINGLE FAMILY DWELLINGS IN EXCESS OF 50% OF THE EXISTING GROSS FLOOR AREA AND RESTRICT THE NUMBER OF HOURS CONSTRUCTION IS PERMITTED DURING THE WEEK, with two Ordinances for introduction. Memorandum from Community Development Director Sol Blumenfeld dated March 14, 1995. Supplemental point-of- order from Howard Longacre received March 27, 1995. Supplemental draft minutes from the Planning Commission meeting of March 21, 1995, received March 28, 1995. Action: This item was removed from this agenda and sent back to the Planning Commission for a public hearing by Council action taken and shown under Public Participation, Oral Communications of these minutes. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.REPORT ON L.A. ON-LINE SERVICES. Memorandum from City Manager Stephen Burrell dated March 22, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)authorize the continuation of the LA On-line service through the remainder of the fiscal year, June 30, 1995; and, 2)direct staff to return with additional items to place on the service. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. b.SB602 - ALLOCATION OF USE TAX ON LEASED VEHICLES. Memorandum from City Manager Stephen Burrell dated March 22, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation that a letter be sent expressing the City Councils support for SB602, and for its companion bill in the State Assembly, which would allocate use tax be paid on lease payments to the cities where the transaction takes place. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Mayor Benz for consideration of proclaiming a day in honor of Bivin Sadler. Mayor Benz spoke to his request. Action: To approve a Proclamation naming April 4, 1995 as Bivin Sadler Day. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward at this time to address the Council was: John Burt - 1152 Seventh Street, said the Alano Club should be sold. City Manager Burrell asked the Council to approve the date of Thursday, April 13, 1995, at the hour of 6:00 P.M. for an Adjourned Regular Meeting for the purpose of a closed session. The Council, by consensus, approved the date. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 28, 1995 at the hour of 11:12 P.M. to the Regular Meeting of Tuesday, April 11, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 11, 1995, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Garrison Frost, Jr., Beach Reporter ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None ANNOUNCEMENTS: Councilmember Reviczky announced that members of Boy Scout Troop 860, who were working for a merit badge, were present in the audience tonight and asked the youths to stand and be recognized. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Tom Morley - 516 Loma Drive, questioned the roller hockey rink scheduled to be put in at South Park; said there had been seven hearings on the park plan which finally emerged with phase I and II plans, then the Council had decided to put a roller hockey rink in phase II, as money became available; said that now he saw that the forms were up to pour the rink; questioned who was paying for the rink, if the City had received public input from the residents to see if the rink was wanted; questioned what rank of players would use the rink, parking availability, hours of use, and lighting; asked that the City not move so fast on the rink. City Manager Burrell responded that the phase I plan approved by the Council included the roller hockey rink as asphalt, but there was an effort to raise funds to have the rink poured in concrete instead; said that certain change orders had resulted in cost savings. Councilmember Reviczky said the roller hockey rink had been discussed at the Parks, Recreation and Community Resources Advisory Commission meetings and there had been community support for it; said it would be used by youth leagues during daylight hours as there were no playing lights approved for the park. Continuing to come forward to address the Council were: Shirley Cassell - Hermosa Beach, asked that items 1(b) and (d) be removed from the consent calendar and suggested that resident parking permits be valid for a full year rather than just available for the summer months; Sheila Miller - 17th Street, said that 14th Street would be the northern boundary for the study area shown in item 9 and said that an economic feasibility study was needed if a hotel were to be considered for the downtown area; John Burt - 1152 Seventh Street, asked to speak on item 6 and item 1(f). (b) WRITTEN COMMUNICATIONS 1.Letter and petition from Linda P. Gross dated March 29, 1995 regarding a proposal to change on-street parking regulations in the preferential parking area to the north and south of Pier Avenue in the Downtown Area. Supplemental memorandum from City Manager Stephen Burrell dated April 4, 1995. Action: To approve the staff recommendation to direct staff to consider the suggestion so that it can be evaluated and included in the proposal to simplify and consolidate the various parking regulations citywide. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Benz at the request of Shirley Cassell, (d) Mayor Benz at the request of Shirley Cassell, and, (f) Edgerton at the request of John Burt. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting of the City Council held on March 28,. Action: To approve the minutes of the Regular Meeting of March 28, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 2897 THROUGH 2905 INCLUSIVE, 2971 THROUGH 2977 INCLUSIVE, AND 3046 THROUGH 3143 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 2906, 2974, 2975, 3047, 3051, 3052, 3053 AND 3054. This item was removed from the consent calendar by Mayor Benz at the request of Shirley Cassell for separate discussion later in the meeting. Coming forward to address the Council on this item was : Shirley Cassell - Hermosa Beach, questioned check number 2899 for mileage reimbursement and asked if it would not be more economical for staff to use a City car and City gasoline for travel. City Manager Burrell responded that there were not enough City vehicles to allow their use for seminar/conference travel and that the reimbursement also included lodging and meals. Action: To ratify the check register as presented. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SALE AGREEMENT FOR 702 - 11TH PLACE INCLUDING PROMISSORY NOTE, CERTIFICATE OF ACCEPTANCE AND TO MARKET PROMISSORY NOTE; AND DIRECT ALL PROCEEDS FROM THE SALE OF THE PROPERTY TO BE PLACED IN THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION FUND TO BE USED TO FUND APPROVED IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated April 4, 1995. This item was removed from the consent calendar by Mayor Benz at the request of Shirley Cassell for separate discussion later in the meeting. Coming forward to address the Council on this item was : Shirley Cassell - Hermosa Beach, questioned why the revenue from the sale of the property was going into the fund for downtown improvements rather than the general fund. Action: To approve the staff recommendation to: 1)adopt Resolution No 95-5737, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THAT THE CITY MANAGER EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF PROPERTY LOCATED AT 702 - 11TH PLACE, HERMOSA BEACH, CALIFORNIA TO THE ALANO CLUB OF THE SOUTH BAY.", including promissory note, certificate of acceptance and to market the promissory note; and, 2)direct all proceeds from the sale of the property to be placed in the Downtown Business Area Enhancement District Commission fund to be used to fund approved improvements. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (e) RECOMMENDATION TO RECEIVE AND FILE INFORMATIONAL MEMORANDUM FROM CITY ATTORNEY DATED MARCH 30, 1995 REGARDING SUNSET CLAUSES. Action: To receive and file the report. (f) RECOMMENDATION TO ADOPT A "CLEAN OCEAN CITY" PROGRAM TO PUBLICLY RECOGNIZE BUSINESSES, RESIDENTS AND STUDENTS THAT ENACT "CLEAN OCEAN CITY" PRACTICES TO PROTECT OR ENHANCE THE ENVIRONMENT, INCLUDING OUR BEACHES AND THE SANTA MONICA BAY. Memorandum from Public Works Director Amy Amirani dated March 23, 1995. This item was removed from the consent calendar by Councilmember Edgerton at the request of John Burt for separate discussion later in the meeting. Coming forward to address the Council on this item was : John Burt - 1152 Seventh Street, said that the beaches were not well maintained and that City staff and volunteers should clean the beaches. Councilmember Bowler clarified that this item was in regard to storm drain compliance and not the beaches; he then commended staff for their work in designing a program to reward compliance rather than to punish non-compliance. Action: To approve the staff recommendation to adopt a "Clean Ocean City" program to publicly recognize: 1)businesses with a potential for storm drain pollution, based on their activities, who comply with Best Management Practices (BMP) comprised of employee training and education; proper maintenance and cleaning of equipment and tools; proper disposal of hazardous materials and waste water; re-use and recycle whenever possible; and dispose of all debris in covered trash receptacles; 2)residents or citizens whose actions are identified as making a significant, positive difference to the environment by such activities as a timely crisis intervention (major spills, etc.), the amount of time or quality of volunteer work, etc.; and, 3)students, individually or as a group, would be eligible for such activities as a special or significant volunteer project, a science project, a poster competition, etc., with recognition by the Mayor and Council on a quarterly basis with certificates for all and decals for businesses to display in their windows. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (g) Recommendation to deny the following claims and refer to the City's Liability Claims Administrator. Memorandum from Personnel Director Robert Blackwood dated April 3, 1995. Action: To deny the following claims and refer to the Citys Liability Claims Administrator: Claimant: Mia Macris Date of Loss: 01/04/95 Date Filed:03/28/95 Allegation: Claimant alleges that wood chips used by the City for landscaping clogged drains and caused flooding in garage during storm; Claimant: Brian J. McMahon Date of Loss: 09/22/94 Date Filed:03/21/95 Allegation: claimant alleges unlawful deprivation of civil rights, deprivation of constitutional right to privacy and denial of equal protection; Claimant: Carol Carpinecz Date of Loss: 01/15/95 Date Filed:03/01/95 Allegation: claimant alleges trip and fall caused when heel caught in hole in sidewalk; Claimant: Robert Doherty Date of Loss: 02/15/95 Date Filed:02/22/95 Allegation: claimant alleges that his plumbing backed up due to City flushing sewer lines; and, Claimant: Robert Wachter Date of Loss: 03/12/95 Date Filed:03/20/95 Allegation: claimant alleges trip and fall caused by dangerous condition in sidewalk. (h) REQUEST FOR APPROVAL TO COMMUNICATE CITY COUNCIL POSITION TO SUPPORT AB1191 - ALLOCATION OF PROP 172 SALES TAX REVENUE, OPPOSE SB323 - PUBLIC RECORDS ACT, AND SUPPORT SB19 - UNFUNDED MANDATES: CITIES WITH POPULATIONS LESS THAT 25,000. Memorandum from City Manager Stephen Burrell dated April 5, 1995. Action: To approve the staff recommendation to: 1)support AB1191 - Allocation of Prop 172 sales tax: which would allocate an additional portion of sales tax to the originating cities; 2 oppose SB323 - Public Records Act: which would be an unfunded mandate to all government agencies to provide access to records by electronic (computer) systems and would allow immediate access to records either by providing the files on disk or allowing access to the agency computer system; and, 3)support SB19 - Unfunded Mandates: which would exempt cities from having to comply with State mandates that are not funded by the State. It would not apply to new crimes or items requested by local governments or the federal government. (i) RECOMMENDATION TO AWARD A THREE YEAR AUDIT CONTRACT IN THE AMOUNT OF 59,230 TO CAPORICCI & LARSON. Memorandum from Finance Director Viki Copeland dated April 6, 1995. Action: To approve the staff recommendation to award a three year audit contract, (covering fiscal years 1994-95 through 1996-97, with an option to extend the agreement for two additional fiscal years) in the amount of 59,230 to the firm of Caporicci & Carson 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1128 - 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." (This Ordinance refers to the Alano Club at 702 Eleventh Place.) For adoption. Memorandum from City Clerk Elaine Doerfling dated April 3, 1994. Action: To adopt Ordinance No. 95-1128, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CHANGING THE ZONE OF CERTAIN PROPERTY (ZONE CHANGE CASE NO. 95-1)." (This Ordinance refers to the Alano Club at 702 Eleventh Place and changes the zoning of the property from Open Space to C-3.) Motion Bowler, second Mayor Benz. AYES:Bowler, Oakes, Edgerton, Mayor Benz NOES:Reviczky 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (d), and (f) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.REQUEST FOR EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REIMBURSABLE CONTRACT. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:39 P.M.As no one came forward to address the Council on this item, the public hearing closed at 7:39 P.M. Action: To approve the staff recommendation to authorize the Mayor to execute the contract as stipulated by the Los Angeles County Community Development Commission (CDC), that will enable the City to receive an allocation of 152,691 in the fiscal year 1995-96 for funding the Citys Americans with Disabilities Act Compliance and Transition Plan for improvements at City Hall. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz. 5.SPECIAL STUDY TO CONSIDER A TEXT AMENDMENT TO SECTION 29.5-8 OF THE SUBDIVISION ORDINANCE REGARDING THE CRITERIA FOR THE APPROVAL OF SUBDIVISIONS AND A DEFINITION OF "NEIGHBORHOOD AREA".Memorandum and Ordinance for introduction from Community Development Director Sol Blumenfeld dated April 4, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:41 P.M. Coming forward to address the Council on this item were: Betty Ryan - Hermosa Beach, questioned why geographic boundaries had been included in the alternate Ordinance as that could lower the 300 foot radius; questioned if this would also cause the 300 foot noticing to change; asked that there be no change on the frontage measurement; Jack Miller - 575 20th Street, said that Mrs. Ryan was trying to overturn the previous Council decision in order to get three lots rather than two from her property on 20th Street; said the primary objection from the neighborhood was the 40 foot frontage that would be caused by a three lot split; said that 38 property owners had signed a petition to stop a three lot split in order to preserve the character of the area; and, Vicki Garcia - 1835 Valley Park Avenue, said the Ordinance did not need revision except a suggestion that "detrimental to" be changed to "inconsistent with"; said the valley area was unique and that people had purchased their homes in the valley area because of the size of the lots and the frontage on the streets; said that only six out of 60 lots in the area had 40 foot frontages and to add three more would be detrimental to everyone. The public hearing closed at 7:52 P.M. Action: To approve the alternate recommendation to: 1)introduce Ordinance No. 95-1129, which establishes that the area for determining prevailing lot size be within a 300 foot radius, in the same zone and general plan designation, and within the same "neighborhood area"; and, defines "neighborhood area", as amended on page 1, Section 1(c), line 14 to read, "The proposed subdivision will in no way be inconsistent with the ..." and deleting detrimental to the, and as amended on page 1, Section 1(d), line 17 to read, "The size of the proposed lots is not smaller than the prevailing lot size and lot frontage..."; and, 2)include consideration of prevailing "lot frontage" in addition to lot size. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95-1129, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SUBDIVISION ORDINANCE IN REGARD TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO DEFINE 'NEIGHBORHOOD AREA'." Motion Mayor Benz, second Edgerton. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None MUNICIPAL MATTERS 6.REQUEST FROM VISION HERMOSA TO CONDUCT A FREE BEACH CONCERT AND FUND-RAISER IN CONJUNCTION WITH THE 4-WOMAN PRO VOLLEYBALL TOURNAMENT. Memorandum from Community Resources Director Mary Rooney dated April 5, 1995. City Manager Burrell presented the staff report and responded to Council questions; said that only conceptual approval was requested tonight, but staff would like specific direction in order to plan the entire season if the Council approved; said that the Resolution allowing the consumption of alcohol on public property would have to be amended. Public participation opened at 8:13 P.M. Coming forward to address the Council on this item were: Valerie Tsuruda - representing "Vision Hermosa", said the goal of the organization was to sponsor fundraising events for promotion, advertising, and downtown furniture; said she had worked for the City of Chico and had promoted micro-beer and wine tasting that had raised over 50,000; said the objective was not to compete with local establishments, but to offer small brewery beers at a premium price of 3 to 4 for approximately 6 to 8 ounces; suggested that lower Pier Avenue be closed in the evening to allow the merchants in the area to bring food service and wares outdoors; John Burt - 1152 Seventh Place, objected to the proposed event; Sheila Donahue Miller - 17th Street, questioned where parking would be if a tent were set up in parking lot B; questioned the size of the servings; Garrison Frost, Sr. - Coast Drug owner, said he liked the idea of beach concerts and a second use for the stadiums erected for beach events, but he objected to the closure of lower Pier Avenue and the use of Parking lot B for a tent; suggested the use of the former proposed hotel site property for the tent; Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commissioner, said the concept was to circulate pedestrian traffic along lower Pier Avenue by having the entrance to the tent through the walkway at Loreto Plaza; said outdoor merchandise display would only be for the adjacent businesses on Pier Avenue; and, Dallas Yost - Pacific Screen Print owner, said he was in favor of the proposed concert and beer tasting; said if enough funds could be raised it might change the need to raise parking rates; said that the parking lots were usually full all day, from early morning, due to the volleyball participants using the lot parking; said a tent would have little impact on parking revenue or availability to the general public. Public participation closed at 8:35 P.M. Action: To approve the staff recommendation to: 1)approve the concept of an evening concert to be held south of the Hermosa Beach Pier from 6:00 P.M. to 10:00 P.M. on Saturday, May 13, 1995; 2)approve the concept of a fund-raiser (micro-brewery beer tasting) to be held in a tent on Parking Lot B with date and hours to be determined; 3)direct staff to coordinate event logistics and security issues between C.E. Sports and Vision Hermosa; and 4)direct staff to return to Council with police review and event contract. Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Reviczky. The meeting recessed at 9:05 P.M. The meeting reconvened at 9:25 P.M. 7.IMPLEMENTATION OF A PROPOSED TRAFFIC SIGNAL AT THE INTERSECTION OF AVIATION BOULEVARD AND OCEAN AVENUE. Memorandum from Public Works Director Amy Amirani dated April 3, 1995 and Supplemental Memorandum from City Manager Stephen Burrell dated April 6, 1995. Public Works Director Amirani presented the staff report and responded to Council questions; said there was no money in the budget for a signal and a higher priority was to provide left turn phasing for the signal at Aviation Boulevard and Prospect Avenue; said the maintenance cost for a signal was approximately 10,000 per year. City Manager Burrell also responded to Council questions; said that other uses for gas tax money were street maintenance and repair, signage and striping. Public participation opened at 9:37 P.M. Coming forward to address the Council on this item were: Roger Bacon - 1100 Pacific Coast Hwy., said the traffic signal was needed at that location as a matter of pedestrian safety; said that 44,000 cars per day traveled on Aviation Blvd. and it was not safe for pedestrians to cross the street; quoted from a letter from the Police Chief; presented the letter and a CalTrans traffic count; said the cost of the signal was 99,000 with 26,000 of the cost for a cable to the Prospect signal to enable synchronization; asked the City to pay one-third of the cost (33,000) and said he and his tenants would secure the other two-thirds of the cost; Eddie Talbert - E.T. Surfboards, 904 Aviation Blvd., spoke in favor of the signal; said traffic needed to be slowed down and Police ticketing of speeders had not solved the problem; John Bellew - representing Ralphs Grocery, said that Ralphs Grocery would like to share the expense of the traffic light as it was needed as a safety factor; Sam Saul - representing Clothestime Stores, spoke of the difficulty for customer ingress and egress; (male - name indistinct) - Allstate Driving School, spoke of his concern for the safety of children and young students trying to cross Aviation Boulevard; Rick Hankis - Ocean Diner, 959 Aviation Blvd., suggested that the City study other options as that intersection was a blind spot on Aviation Boulevard and could cause accidents rather than prevent them; John Burt - 1152 Seventh Street, spoke of accidents at Aviation and Prospect; Keith Glassmen - representing Starbucks Coffee, spoke in support of the signal; called Aviation Boulevard the 405 Freeway of the area; said that people learn to anticipate the signal and slow down; said the cost of the signal was far less than one fatal accident; Scott Bullock - Pastor, Beach Cities Christian Fellowship, said there was no intersection in the City that was more hazardous than Aviation and Ocean; David Olin - 1233 Hermosa Avenue, said that speeding on Aviation Boulevard was the problem; questioned the traffic count given; said the speed should be lowered and that a signal at that location could cause rear-end accidents as it was at a blind spot on the road; questioned the usefulness of the no right turn on red at the intersection of Aviation and Pacific Coast Highway; and, Roger Bacon - 1100 Pacific Coast Hwy., spoke of his petitions and peoples concerns regarding safety; said this was a higher priority than some of the other uses cited for gas tax funds; suggested that a fund raiser be held at Greenwood Park for the signal; asked the City to pay one-third (33,000) of the cost, he would pay one-third, and Ralphs, with other merchants or Mr. Bacon, would contribute the final one-third of the cost. Public participation closed at 10:05 P.M. Action: To approve the installation and maintenance of a traffic signal at the intersection of Aviation Boulevard and Ocean Avenue as recommended by the Traffic Engineer for the 1995-96 budget, with the understanding that its installation cost above the amount of 20,000 shall be paid by private commercial developments and/or commercial property owners. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 8.WALK STREET WALL, LANDSCAPE & FENCE HEIGHT DESIGN STANDARDS AND PERMIT REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated March 28, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To limit the discussion of this subject to 30th and 31st Streets only. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Public participation opened at 10:38 P.M. Coming forward to address the Council on this item were: Ida Bird - 31st Street, spoke of the different issues including privacy and security versus an open sight line; spoke of the lack of enforcement; said that even though certain owners had been warned that no fences were required to come down; Tom (last name indistinct) - 31st Street, said that many properties needed new fences but the owners do not wish to comply with the three foot height limit; said that the three foot limit also applied to landscaping; suggested that the City grandfather the older, taller fences; Lorraine Martin - 31st Street, said that the area was becoming polarized over this issue; said she had had a higher fence that she felt she needed for security but she had been burglarized anyway; said she now realized that her new lower fence allowed neighbors to see if someone tries to gain access to her property; said she liked the lower fence as it had allowed her to know her neighbors; John Boskey - (no address given) spoke in opposition to the three foot limit; said it was not conducive to security; Bill Wickwire - 31st Street, suggested that there be some compromise as sometimes three feet is not high enough, such as trellises or decorative items, but a fortress look was not pleasing either; said lower fences provided better security as it allowed neighbors to see if someone was trying to enter a property and that privacy could be obtained without barricades; and, Don Bird - 31st Street, said that there was no provision for people to be allowed to repair, reconstruct or replace portions of their fences over three feet in height, which led to a deteriorated look. Public participation closed at 10:49 P.M. Proposed Action: To: 1.re-survey the area to determine the actual number of units that are not in compliance from the property side of the fence; 2)review the encroachment permit policy regarding the 36 inch limit on landscape plants to determine if this restriction is necessary; 3)consider vacation of the property; and, 4)return to Council with an enforcement plan and to determine which department will have sole responsibility for enforcement. Motion Reviczky. The motion died due to the lack of a second. Action: To designate Councilmember Oakes as the Council representative to meet with the property owners to determine a compromise solution to the problem, with the understanding that City Manager Burrell would accept the responsibility of arranging the time and place for the meeting. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. Councilmember Oakes asked the residents of the area to walk their streets, the other walk streets in Hermosa and Manhattan Beach with an open attitude to see some of the differences before attending the meeting. 9.PLANNING AND PROPERTY DISPOSITION IN CONNECTION WITH PROPOSED PARKING STRUCTURE.Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 11:24 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, spoke in favor of the study; Brian Walker - 1640 Loma Drive, questioned why only the downtown parking lots were recommended for study as the entire City needed additional parking; questioned why more parking could not be provided adjacent to the Greenbelt; Patricia Spiritus - 1510 The Strand, said the study was important to provide a plan for ingress and egress to parking lots and /or future structures for the downtown revitalization planning; and, Joe Naughton - Bijou Theater owner, spoke in favor of the study. Public participation closed at 11:30 P.M. RECOMMENDATION: 1)direct staff to commence with special study of the Downtown area bounded by 14th Street to the north, Hermosa Avenue to the east, the Strand to the west and 13th Court to the south; 2)direct staff to obtain property appraisals for City owned property in connection with the potential sale and/or exchange of land in order to better reconfigure parking on lots "B" & "C" and locate additional retail uses along Hermosa Avenue; and, 3)establish a Preliminary Project Review process to more expeditiously review projects prior to proceeding with entitlements for Downtown projects. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 12. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Peter Tucker - 34th Street, questioned if IBI could be approached to consider stamped concrete rather than the expensive granite currently approved for the sidewalks in the downtown area as Manhattan Beach was in the process of removing the tiles that it had used for paving in its downtown area as the tiles had proven to be inappropriate; and, John Burt - 1152 Seventh Street, spoke regarding the Alano Club. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 11, 1995 at the hour of 11:33 P.M. to the Adjourned Regular Meeting of Thursday, April 13, 1995 at the hour of 6:30 P.M. for the purpose of a closed session for the purpose of discussion of Conference with Labor Negotiator Stephen R. Burrell, City Manager, pursuant to Government Code Section 54957.6: negotiating with the Hermosa Beach Management Association; and, matters of Litigation, pursuant to Government Code Section 54956.9(a): Clark v. City of Hermosa Beach, case number YS002665; Hermosa Beach Stop Oil v. City of Hermosa Beach, case number Los Angeles County Superior Court - BS 025 250; Hermosa Beach Stop Oil v. State Lands Commission, case number Los Angeles County Superior Court - BS 024 656; and, Turek v. City of Hermosa Beach, case number YC009110. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 25, 1995, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Sheila Donahue Miller, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PROCLAMATIONS:MEDAL OF VALOR WEEK APRIL 24 - 28, 1995 Mayor Benz read the Proclamation to commemorate the heroism and self-sacrifice displayed by Officer Timothy Turek, Officer Kurt Michel and Reserve Officer Dana Reinhardt who will receive the Medal of Valor award at the luncheon meeting to be held April 27, 1995 and proclaimed the week of April 24 - 28, 1995 as Medal of Valor Week. HIRE-A-VET WEEK MAY 7 - 13, 1995 Mayor Benz read the Proclamation and called upon all citizens, especially employers, to assist and cooperate in developing job opportunities for our veterans and proclaimed the week of May 7 - 13, 1995 as Hire-A-Vet week. WATER AWARENESS & DROUGHT-PROOFING MONTH MAY, 1995 Mayor Benz read the Proclamation urging all citizens to use water wisely, and continue water conservation through water efficient plumbing fixtures and drought tolerant landscaping, and proclaimed the month of May, 1995 as Water Awareness and Drought Proofing Month. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Sheila Donahue Miller - 17th Street, spoke regarding the proposed trade of City land for part of the downtown theater building; said that the area of City land proposed in the trade had formerly housed a gasoline station with four underground tanks and that the area suggested for a hotel had formerly housed a printing business; said that both areas were contaminated by hazardous waste which must be disclosed and cleaned-up; Shirley Cassell - Hermosa Beach, requested that items 1(f), (i), and (j) be removed from the consent calendar; said that department heads were circumventing the Planning Commission and other City Commissions by coming directly to the Council and this should not happen; John Burt - 1152 Seventh Street, requested that item 1(f) be removed from the consent calendar; and, John Hales - 624 Eighth Place, said the flashing red lights used near the Pier on the Strand to caution bicyclists and skaters to reduce speed and/or walk their bicycles were not operating; said he understood that there were two methods of turning the caution signals on: one at the Police Department which was normally used during the summer season, and the other near the site which could be used manually; suggested that on any sunny day these lights should be used to control the chaotic traffic situation that ensues with crowded conditions on the Strand. (b) WRITTEN COMMUNICATION (1) Letter from Roger Creighton dated April 3, 1995 regarding the use of U.U.T. funds (and regarding Bixel v. City of Los Angeles which, in part, prohibits cities from charging developers the cost for fire main or hydrant replacement). Action: To approve the staff recommendation to direct the City Manager to prepare a response. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Edgerton, (f) Edgerton at the request of Shirley Cassell and John Burt, (i) Edgerton at the request of Shirley Cassell, (j) Edgerton at the request of Shirley Cassell, and (k) Mayor Benz, and noting that item (h) was removed by City Manager Burrell at the request of staff to be continued to the Regular Meeting of May 9, 1995. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular Meeting held on April 11, 1995. Action: To approve the minutes of the Regular Meeting of April 11, 1995 as pre sented. (b) NOTE: NO CHECK REGISTER TO RATIFY AT THIS MEETING. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to ask if there were any concerns that the anticipated revenue for the remainder of the fiscal year would not be met. City Manager Burrell said that there were no concerns, that some revenue is late due to the accounting periods for the agencies dispensing the revenue, such as property tax or sales tax. Action: To receive and file the March, 1995 Financial Reports as presented. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated August 10, 1994. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a Clerk Typist in the Community Development Department pending final determination of the structure of that department and to extend for 30 days the temporary appointment of a custodian in the Public Works Department pending review for budget preparation for fiscal year 1995-95. (f) RECOMMENDATION TO APPROVE THE REQUEST FROM PRITCHARD MARKETING, INC. TO HOLD A BEACH ROLLER HOCKEY EVENT ON SEPTEMBER 8 - 10, 1995 TO REPLACE THE PREVIOUSLY APPROVED "IN-LINE SPECTACULAR" SCHEDULED FOR SEPTEMBER 17, 1995. Memorandum from Community Resources Director Mary Rooney dated April 18, 1995. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Shirley Cassell and John Burt, for separate discussion later in the meeting. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said this event would make three week-ends in a row that the beach was being used for special events; said this was not fair to the residents; said this should be scheduled during the off-season; and, John Burt - 1152 Seventh Street, said he was opposed to the event. Community Resources Director Rooney presented the staff report and responded to Council questions. Ms. Rooney said this was an off-season event, the downtown merchants had asked that events be scheduled to extend the season, and introduced Janice Loveland and Dennis Keith, event sponsors. Coming forward to address the Council on this item was: Janice Loveland - President of Pritchard Marketing, said her organization had put on events worldwide; said this would be the final event of a nation-wide series and would be televised for prime time television viewing; said that Friday would spotlight local youth teams and that half time on Saturday and Sunday would showcase Womens Professional teams. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to approve the request from Pritchard Marketing, Inc. to hold a Beach Roller Hockey Event on September 8-10, 1995 in place of the previously approved In-Line Spectacular, scheduled for Parking Lot C on September 17, 1995, that was withdrawn by the event organizers. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated April 19, 1995. Claimant: Travelers Insurance Date of Loss:01/04/95 Date Filed: 04/06/95 Allegation: Claimant alleges that wood chips and material used by the City for landscaping flowed into drains which caused the drains to clog, thereby flooding the garage at 414 Second Street during the storm. Action: To approve the staff recommendation to deny the claim and refer to the Citys Liability Claims Administrator. (h) RECOMMENDATION TO APPROVE ADMINISTRATIVE MEMORANDUM L-4 DIRECTING STAFF AND LEGAL COUNSEL TO PURSUE RECOVERY OF COSTS AND FEES IN LITIGATED MATTERS WHERE THE CITY IS THE PREVAILING PARTY. Memorandum from Personnel Director Robert Blackwood dated April 19, 1995. Action: This item was removed from the consent calendar by City Manager Burrell, at the request of staff, to be continued to the Regular Meeting of May 9, 1995. (i) RECOMMENDATION TO AUTHORIZE THE USE OF 5,000 FROM THE DOWNTOWN ENHANCEMENT FUND ADVERTISING ACCOUNT FOR A CONTRIBUTION TO VISION HERMOSA FOR CALENDAR OF EVENTS/ADVERTISING PUBLICATION. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 1995. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said the Chamber of Commerce should pay these expenses and do this job; said now the City has two organizations acting as a Chamber of Commerce; said the Downtown Business Area Enhancement District Advisory Commission had not approved this expense; Jim Dewey - Downtown Business Area Enhancement District Advisory Commissioner, said the commission had voted unanimously to approve this expense, but as it was not a budgeted item it had to come before the Council for approval; said there was money available in the commission advertising budget; Kathleen Midstokke - Second Street, expressed concern regarding the expenditure of 5,000 of public funds for a brochure that sells advertising space; said the Council needed more information on this item; questioned if the brochure was put out for bid as required of City expenditures of 5,000; Valerie Tsuruda - 637 30th Street, representing Vision Hermosa, clarified the brochure concept and exhibited mock-ups of the format; said it would be a four-color, 32 page brochure with a printing of 80,000 pieces that would be mailed to residences in Hermosa Beach, Manhattan Beach, Redondo Beach and Torrance and that supplies of the brochure would be given to hotels and businesses in the area; said that any Hermosa Beach merchant would be eligible to advertise in the brochure; responded to Council questions; Carol Duff - Chamber of Commerce, said the Chamber was in the process of a new City map that would be available in 60 days, and had done a brochure in February; and, Garrison Frost, Sr. - 58 Pier Avenue, said that the Chamber of Commerce had put out a brochure in February but there was no information regarding the distribution; said the Vision Hermosa brochure has a distribution schedule and will go to businesses where it would be seen by locals and visitors alike. Action: To continue this item and allow Vision Hermosa to return with a request for a loan of 5,000 from the Downtown Business Area Enhancement District Advisory Commission advertising fund account to Vision Hermosa for the summer issue of a bi-annual calendar of events/advertising publication. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Mayor Benz. (j) RECOMMENDATION TO APPROVE THE REQUEST FROM THE CHAMBER OF COMMERCE FOR CITY ALLOCATION OF PROPOSITION C FUNDS FOR THE USE OF WAVE VEHICLES TO TRANSPORT PERSONS BETWEEN THE FIESTA AND REMOTE PARKING AREAS.Memorandum from Community Development Director Sol Blumenfeld dated April 18, 1995. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said the Chamber of Commerce should pay these expenses and questioned why the City felt obligated to give the Chamber 8,000 of City money; and, Carol Duff - Chamber of Commerce, spoke in favor of the City funding. Action: To approve the allocation of Proposition C funds (rather than the Proposition A funds requested by the Chamber of Commerce) in the amount of 3,900 for shuttle service for the May, 1995 "Fiesta de las Artes" only, and to consider the request for the September funding after the City budget had been approved, in case the City could use the funds for other needed street improvements. Motion Reviczky, second Mayor Benz. The motion carried, noting the dissenting votes of Edgerton and Bowler. (k) RECOMMENDATION TO ADOPT RESOLUTION REGARDING ENGINEER'S REPORT AND SETTING A PUBLIC HEARING DATE FOR THE LANDSCAPE AND STREET LIGHTING DISTRICT. Memorandum from Public Works Director Amy Amirani dated April 20, 1995. Supplemental letters in opposition from Howard Longacre dated April 24, 1995, and from Robert Essertier dated April 25, 1995. This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting, noting that this was to set the dates for a public meeting on May 23, 1995 and a public hearing on June 27, 1995. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, spoke in opposition to the item; said that something was wrong with the figures presented with the item and questioned what had happened to the million dollars that should be shown; said that the assessment would triple; and, Kathleen Midstokke - Second Street, said that it was unfair for the Council to lobby on behalf of the assessment increase prior to the public hearing. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5738, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEERS REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPE AND STREET LIGHTING DISTRICT 1995-1996.", and, 2)adopt Resolution No. 95-5739, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPE AND STREET LIGHTING DISTRICT 1995-1996 FOR THE FISCAL YEAR BEGINNING JULY 1, 1995 AND ENDING JUNE 30, 1996, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE CITY MANAGER EMPLOYMENT AGREEMENT. Memorandum from Councilmember Oakes and Councilmember Reviczky dated April 20, 1995. Action: To approve City Council committee recommendation to approve the revised employment agreement with City Manager Stephen R. Burrell effective January 1, 1995 to January 1, 1997, for an annual compensation of 91,300. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1129 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SUBDIVISIONS ORDINANCE IN REGARD TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO DEFINE 'NEIGHBORHOOD AREA'." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 18, 1995. Action: To adopt Ordinance No. 95-1129, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE SUBDIVISIONS ORDINANCE IN REGARD TO THE CRITERIA FOR APPROVAL OF SUBDIVISIONS AND TO DEFINE 'NEIGHBORHOOD AREA'." Motion Edgerton, second Reviczky. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (f), (i), (j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:33 P.M., (after item 1(f)) the order of the agenda was suspended to go to the public hearings starting with item 4. PUBLIC HEARINGS 4.APPEAL OF THE PLANNING COMMISSION DENIAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT 94-18 AND PARKING PLAN 94-9, TO ALLOW ON- SALE BEER AND WINE IN CONJUNCTION WITH A SECOND STORY EXPANSION TO A RESTAURANT AT 3216 MANHATTAN AVENUE, "HILLBILLY'S". Memorandum from Community Development Director Sol Blumenfeld dated April 19, 1995. Supplemental letter in support of the appeal from Karen Wittic h, 3209 Manhattan Avenue and supplemental letter in opposition to the appeal from Catrinka, 245 Longfellow Avenue. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Mr. Blumenfeld said that the restaurant currently required eight parking spaces, that eight more would be required by the expansion request and that the parking lot for the building had 12 spaces. The public hearing opened at 7:49 P.M. Coming forward to address the Council on this item were: Joel Leavitt - 3216 Manhattan Avenue, owner and appellant, submitted ABC conditions directly to the Council; said that the ABC required closing at midnight, no dancing, no bar and required food service and that he was willing to abide by these terms which left parking as the only problem and he felt that his hours would be after the other businesses had closed so the parking lot would be adequate as most of his business was walk-in neighborhood clientele; said that he had never had a noise complaint in his time in business; Carol Simmons - 218 Longfellow Avenue, urged a vote against the appeal, cited concerns regarding parking problems that might be caused by the expanded use; Molly Hartwell - 420 Longfellow Avenue, read her letter in opposition; submitted letters in opposition from neighbors; Rose McIntosh - 3020-3030 Manhattan Avenue, spoke in opposition citing parking and traffic problem concerns; said she did not want another liquor establishment in the area; Justina Gibson - owner of Hair Design in the building, spoke in opposition to the expansion, said it would conflict with the hours that her business was open, said that trash was also a problem; Bob Benoit - 322 Longfellow Avenue, said that Hermosa Beach was an island of tranquillity and this use was not in keeping with the neighborhood; Chuck Simmons - 218 Longfellow Avenue, spoke in opposition; said the parking would be deficient by ten spaces; Eric Lawrence - 230 Longfellow Avenue, said the customer survey provided by the appellant was not objective; said the use did not fit the building, the zoning and the parking was inadequate; objected to the proposed hours of operation; read and submitted a letter from a neighbor; urged denial of the appeal; Kathleen Midstokke - Second Street, agreed with the Planning Commission denial and the neighborhood opposition; said allowing customers to bring their own alcohol to be consumed on the premise was not allowed by the ABC; cited several findings for denial; Betty Benoit - 322 Longfellow, spoke in opposition to the appeal; said the area does not need the services to be provided; Jennifer Baker Asiddao - 220 Longfellow Avenue, spoke in opposition to the appeal, cited parking problems; Catrinka Marvis - spoke in opposition; Molly Bevarino - 225 Longfellow Avenue, spoke in opposition to the appeal, does not want more alcohol in the area; Joel Leavitt - 3216 Manhattan Avenue, owner and appellant, spoke in rebuttal; questioned why people would come to his restaurant for beer or wine only when there were so many other places that offered entertainment; and, Kevin Franklin - former ABC investigator, said the ABC can not stop a business from allowing customers to bring their own alcohol for consumption as it was legal to do so, only the Attorney General could file a complaint and it was usually if there were other problems; said the ABC can ban music if it is within 100 feet of a residence. The public hearing closed at 8:38 P.M. City Attorney Jenkins responded to Council questions by saying that there was no legal problem if the Council decided to separate the issues of the Conditional Use Permit and the Parking Plan. Proposed Action: To separate the issues of the Conditional Use Permit and the Parking Plan. Motion Mayor Benz. The motion died due to the lack of a second. Action: To uphold the Planning Commission denial of Parking Plan 94-9 and the amendment to Conditional Use Permit 94-18 to allow on-sale beer and wine and a second story expansion to an existing restaurant at 3216 Manhattan Avenue, "Hillbilly's" and to direct the City Attorney to return with a Resolution to show the Council action to be without prejudice. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting votes of Bowler and Mayor Benz. The meeting recessed at 9:01 P.M. The meeting reconvened at 9:17 P.M. 5.TEXT AMENDMENT TO ARTICLES 8 & 10 WITH RESPECT TO THE LIST OF COMMERCIAL USES PERMITTED IN EACH ZONE; THE USES WHICH REQUIRE CONDITIONAL USE PERMITS; STANDARD CONDITIONS; AND DEFINITIONS OF COMMERCIAL USES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum from Community Development Director Sol Blumenfeld dated April 18, 1995. Supplemental memorandum from City Clerk Elaine Doerfling dated April 25, 1995. Action: Mayor Benz directed, with the consensus of the Council, to continue this item to the Regular Meeting of May 23, 1995, as requested by City Manager Burrell. 6.TEXT AMENDMENT TO ADD TATTOO PARLOR TO THE COMMERCIAL PERMITTED USE LIST, AND ADOPTION ON AN ENVIRONMENTAL NEGATIVE DECLARATION.Memorandum from Community Development Director Sol Blumenfeld dated April 19, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 9:18 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, spoke in opposition to tattoo parlors being allowed in Hermosa Beach; said that they were not allowed in either Manhattan Beach or Redondo Beach; urged the Council to vote "no"; Paul Cassioppo - 125 Herondo, said that he had been in the process to open a tattoo parlor just under one year; said that there were currently three people that he knew of who were doing tattooing without a permit or the health regulations that he would be required to have such as disposable needles, autoclave for other sterilization and medical waste disposal through BFI; Jerry Newton - 2140 Circle Drive, spoke in opposition; said he could not think of one reason to allow the business in town as it did not even bring in sales tax revenue; Kathleen Midstokke - Second Street, spoke in opposition; listed the areas that did not allow tattooing; said the City Attorney had said it was legal to deny the use; showed a newspaper article regarding tattoos and gang activities, and tattoo removal; Amilio Cusador - 204 39th Street, Manhattan Beach, tattoo artist, urged that tattooing be legal in Hermosa Beach in order to allow them to be clean, safe and sterile; said that legal professional shops did not tattoo minors and he always asked for identification; John Burt - 1152 Seventh Street, spoke in opposition; and, Chuck Sheldon - 1800 The Strand, spoke in opposition; said that tattooing was not protected under the First Amendment rights of the Constitution; said the use did not contribute to business in Hermosa Beach and there was no sales tax; spoke of the status that tattoos gave to gang members; urged the Council to deny the request. The public hearing closed at 9:37 P.M. Action: To introduce the Ordinance allowing tattoo parlors. Motion Bowler, second Mayor Benz. The motion failed by the following vote. AYES:Bowler, Mayor Benz NOES:Oakes, Edgerton, Reviczky There was no further action on this item. MUNICIPAL MATTERS 7.EVENT CONTRACT FOR A FREE BEACH CONCERT FROM 6PM TO 10PM ON MAY 13, 1995 IN CONJUNCTION WITH THE 4-WOMAN PRO VOLLEYBALL TOURNAMENT. Community Resources Director Rooney presented the staff report and responded to Council questions. a)Letter from Arts Hermosa regarding sponsorship of the Micro-Brewery Beer Tasting Tent in conjunction with the Beach Concert and 4-Woman Pro Volleyball Tournament. Public participation opened at 9:51 P.M. Coming forward to address the Council on this item were: Michael Stifano - 1704 Loma Drive, representing Arts Hermosa, explained plans for the event; said the stage would be on the sand south of the Pier and the concert would start after the Volleyball Tournament had ended; said that radio station FM 101.9 would be providing two bands and doing promotional advertising; said he would pay any expenses not covered by event fundraising; Tom Binyon - representing radio station FM 101.9, said that the station was promoting the second album of Sonia Dada, "A Day at the Beach" and were prepared to offer up to 80,000 of free advertising for the concert, underwrite the event up to 5,000 and contribute 21 door prizes for a raffle at 5.00 per ticket; said the bands would be Venice as the warm up band and Sonia Dada as the main feature; said the station demographics were the 24 to 49 year olds with disposable income; displayed the logo design for the concert and the raffle tickets; John Scudder - Arts Hermosa President, said this was a new idea and new things were scary but it could be done just as "First Night" had been done; said the organization was in full cooperation with the concert; Dallas Yost - 65 Pier Avenue, Pacific Screen Print, said this was a positive event for the downtown, the merchants were enthused and it could succeed asked the Council to have the courage to tell the promoters to go ahead; John Burt - 1152 Seventh Street, said he did not want the concert on the beach; Bunny Mueder - Spando Coffeehouse, said she was very much in favor of the event and thought it would be a great success; Matt Daniels - (no address given), said there were many qualified people working on the event and that not everything that people had been working on had been communicated tonight; asked the Council to let the event proceed; Kathleen Midstokke - Second Street, said that what had been talked about tonight in reference to this item was different than the description in the agenda; said that a special meeting required a 72 hour notice. Public participation closed at 11:05 P.M. Action: To continue this item to a Special Meeting set for Monday, May 1, 1995 at the hour of 7:30 P.M. for further consideration of the item and to request that Arts Hermosa coordinate the details with staff prior to the meeting, and, with the understanding that the Council would not approve a beer tent for the event. Motion Bowler, second Oakes. The motion carried by a unanimous vote. City Manager Burrell said that the items needed from Arts Hermosa were: 1)a contract with Arts Hermosa; 2)a firm commitment from two bands; 3)coordination with the radio station sponsor for the Volleyball event so there would be no competition between the two radio sponsors; 4)a program of what will happen on-stage; and, 5)a forecast of expenses. At the hour of 11:13 the order of the agenda was returned to consent calendar item 1(i). 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 9.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Mark Conte - Redondo Beach, Fiesta de las Artes promoter, thanked the Council for its approval of the Wave funding; said that this use also helps the Wave as it drives its ridership figures up; said the use of the Wave vehicles had also helped to alleviate the Fiesta gridlock; John Burt - 1152 Seventh Street, questioned why hotel buses could not be used rather than the Wave vehicles for the Fiesta; and, Kathleen Midstokke - Second Street, spoke regarding the Council giving opinions prior to a public hearing on items that would be coming before the Council. ADJOURNMENT - Mayor Benz announced that the meeting would adjourn in memory of Peggy Meacham, a long time Hermosa Beach resident who died last week. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 25, 1995 at the hour of 11:58 P.M. to a closed session for the purpose of discussion of Matters of Real ESTATE NEGOTIATIONS: pursuant to Government Code Section 54956.8, conference with Real Property Negotiator Stephen R. Burrell for the City of Hermosa Beach negotiating with Roger Bacon regarding the price and terms of payment for that portion of property currently utilized for surface parking at the westerly edge of the shopping center located at 1100 Pacific Coast Highway. The closed session convened at the hour of 12:07 A.M. The closed session adjourned at the hour of 12:14 A.M. to the Regular Meeting of April 25, 1995. There were no decisions made requiring a public announcement. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 26, 1995 at the hour of 12:15 A.M. to the Adjourned Regular Meeting of May 1, 1995 at the hour of 7:30 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 9, 1995, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - Peter Tucker, Planning Commissioner ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None PROCLAMATIONS: National Public Works Week - May 21-27, 1995 Mayor Benz read the proclamation and urged all citizens to acquaint themselves with the jobs done by the Public Works Department. PRESENTATIONS:Outstanding Employee Award, Lisa Newsom, Recreation Supervisor Community Resources Director Mary Rooney introduced the Outstanding Employee of the Quarter, Lisa Newsom, Recreation Supervisor. Mayor Benz presented the award, saying Ms. Newsom is a responsible and effective team member of the Community Resources Department and has been exceptional in dealing with added pressure and workload during a recent staff shortage. Ms. Newsom thanked the members of her department. ANNOUNCEMENTS: Councilmember Reviczky welcomed members of Boy Scout Troop 860, who were at the meeting as part of the work for their citizenship badge, and asked them to stand and be recognized. Mr. Reviczky also announced that there would be a series of play readings at the Hermosa Beach Civic Theater, starting next Wednesday, May 17th at 8:00 P.M. and continuing on the second Wednesday of each month. Mr. Reviczky said that admission was free and that next week, "Over the River and Through the Woods" would be read. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Ron Salsido - asked that item 1(h) of the consent calendar be removed for discussion; and, John McHugh - First Place, asked that item 1(k) of the consent calendar be removed for discussion. (b) WRITTEN COMMUNICATION 1.Letter from Roger Creighton dated April 12, 1995 regarding attorney award in Stop Oil case. Action: To direct the City Manager to respond to all three letters from Roger Creighton on the agenda tonight. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 2.Letter from Roger Creighton dated April 24, 1995 regarding Macpherson indemnity to City for legal fee awards in Stop Oil litigation cases. Action: Action shown under item (b)1. 3.Letter from Roger Creighton dated April 24, 1995 regarding promissory note for Alano Club property sale. Action: Action shown under item (b)1. 4.Letter from Rhett Meins dated April 29, 1995 regarding existing deck and planter at 455 - 31st Street. Coming forward to address the Council on this item was: Rhett Meins - 455 31st Street, spoke to his letter. Action: To direct staff to review this item and bring back on a future agenda with a staff report. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Reviczky, (e) Oakes, (h) Edgerton at the request of Ron Salsido, (j) Oakes, and (h) Edgerton at the request of John McHugh. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on April 13, 1995; and, 2)Minutes of the Regular meeting held on April 25, 1995. Action: To approve the minutes of the Adjourned Regular Meeting of April 13, 1995 and the Regular Meeting of April 25, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3158 THROUGH 3346 INCLUSIVE AND NOS. 3349 THROUGH 3454 INCLUSIVE, NOTING VOIDED NOS. 3158, 3159, 3160, 3161, 3162, 3163, 3239, 3349, 3350, 3351, 3352 AND 3353. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To receive and file the tentative future agenda items, amended to continue the public hearing on consideration of amendments to Article 8 and Article 10 of the Zoning Ordinance until the meeting of June 13, 1995, noting City Manager Burrell's statement that the item would have to appear on the agenda and be continued to the date certain. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated April 27, 1995. Action: To approve the staff recommendation to deny the following claim and refer to the Citys Liability Claims Administrator : Claimant:Richard Nyznyk Date of Loss: 01/04/95 Date of Claim:04/26/95 Allegation : Claimant alleges inadequate protection from runoff and floating debris caused garage at 414 Second Street to flood during storm. (e) RECOMMENDATION TO SET WORKSHOP DATES OF MAY 25, 1995 AND JUNE 8, 1995 AT 7:00 P.M. FOR REVIEW OF THE 1995-96 BUDGET. Memorandum from Finance Director Viki Copeland dated May 2, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to her inability to attend the proposed May 25, 1995 workshop meeting. Action: To approve the dates of Thursday, June 1, 1995, Thursday, June 8, 1995, and Thursday, June 15, 1995 for workshop meetings of the Hermosa Beach City Council to review the Fiscal Year 1995-96 proposed budget. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE THE RENEWAL OF A LEASE AGREEMENT WITH PROJECT TOUCH FOR ROOM 3 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 1, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between Project Touch and the City for the use of Room 3 in the Community Center at a rate of 476 per month (529 sq.ft. X .90 per sq.ft.) from June 1, 1995 through June 30, 1995, and 492 per month (529 sq.ft. X .93 per sq.ft.) from July 1, 1995 through June 30, 1996 for a total rental income of 5,888; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE THE RENEWAL OF A LEASE AGREEMENT WITH SOUTH BAY FREE CLINIC FOR ROOM 7 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated May 1, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Free Clinic and the City for the use of Room 7 in the Community Center at a rate of 495 per one half month (1,100 sq.ft. X .90 per sq.ft.) from June 15, 1995 through June 30, 1995, 1,023 per month (1,000 sq.ft. X .93 per sq. ft.) from July 1, 1995 through May 31, 1996 and 512 per one half month (1,100 sq.ft. X .93 per sq.ft.) from June 1, 1996 through June 30, 1996 for a total rental income of 12,260; and, 2)authorize the Mayor to sign the lease. (h) RECOMMENDATION TO DIRECT THE CITY CLERK TO REJECT ALL BIDS AND READVERTISE FOR COMPETITIVE BIDS FOR THE HERMOSA AVENUE SEWER AND STREET REHABILITATION PROJECT. Memorandum from Public Works Director Amy Amirani dated May 2, 1995. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Ron Salsido, for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions. Coming forward to address the Council on this item was: Ron Salsido - representing Sully Miller, said his company gave the only legitimate and responsive bid for this contract and that it was also the low bid; said the contract should be awarded as it was a waste of the Citys time and money to rebid the project; said the bids might not be as low if it were rebid. Action: To approve the staff recommendation to direct the City Clerk to reject all bids and readvertise for competitive bids for the Hermosa Avenue Sewer and Street Rehabilitation Project. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE ADMINISTRATIVE MEMORANDUM L-4 DIRECTING STAFF AND LEGAL COUNSEL TO PURSUE RECOVERY OF COSTS AND FEES IN LITIGATED MATTERS WHERE THE CITY IS THE PREVAILING PARTY. Memorandum from Risk Manager Robert Blackwood dated April 19, 1995. Action: To approve the staff recommendation to approve Administrative Memorandum l-4 which directs staff and legal counsel to pursue recovery of costs and fees in litigated matters where the City is the prevailing party. (j) RECOMMENDATION TO APPROPRIATE 241,500 OF THE 1.5 MILLION COUNTY OF LOS ANGELES PROPOSITION A FUNDS EARMARKED FOR THE PIER RENOVATION PROJECT (CIP 94-620) FOR THE DEVELOPMENT OF ENGINEERING AND ARCHITECTURAL PLANS FOR PHASE I. Memorandum from Public Works Director Amy Amirani dated May 2, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to inquire on the status of the project. Public Works Director Amirani responded to Council questions saying the first phase, preliminary drawings, and underwater inspection had been completed. Action: To approve the staff recommendation to: 1)appropriate 241,500 of the 1.5 million of the Los Angeles County Proposition A (The Safe Neighborhood Act) funds allocated to the Pier Renovation Project (CIP 94-620) for the preparation of the Pier architectural, engineering and construction design contract awarded in the amount of 210,000 plus 15 percent contingency to Alpha Engineering and IBI Group which was approved by the City Council on February 14, 1995; and, 2)approve a temporary advance, for approximately 60 days after billing, of 241,500 from the Sewer Fund to the Los Angeles County Proposition A fund for cash flow purposes, as the County only reimburses the Proposition A funds after they are spent and holds a 10 percent retention on the amount due for work performed to date, with the understanding that the Sewer fund will be reimbursed as the County releases the money. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE REPORT ON CONDITIONAL USE PERMIT COMPLIANCE FOR VASEK POLAK, 199 - 201 PACIFIC COAST HIGHWAY, RESOLUTION NO. 93-53.Memorandum from Community Development Director Sol Blumenfeld dated May 4, 1995. This item was removed from the consent calendar by Councilmember Edgerton, for John McHugh, for separate discussion later in the meeting. Community Development Director Blumenfeld responded to Council questions saying that many things had been done but some compliance was still needed. Coming forward to address the Council on this item was: John McHugh - First Place, said it should be mandatory for all Vasek Polak employees to park off the streets; asked that a Preferential Parking District be considered for the residents of the area; said that the business lights had not been adjusted, were on all night, were extremely bright and distracting to sleep; said that there were left hand turns being made by customers in disregard to the no left turn signs; and that the caretaker's house was a rental, at 1,000 per month, and there were seven or eight people living in the house with only one bathroom. Action: To approve the staff recommendation to receive and file the report. Motion Mayor Benz, second Edgerton. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(c), (e), (h), (j) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.PROPOSAL FROM THE CHAMBER OF COMMERCE TO PAY AN EVENT FEE IN LIEU OF TRANSIENT LICENSE FEES AND ENTER INTO A FIVE- YEAR CONTRACT WITH THE CITY FOR THE FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated May 3, 1995. Public participation opened at 7:44 P.M. Shirley Cassell - Hermosa Beach, said the amount offered by the Chamber was fine as it was the same amount the City had asked for but felt that a five-year contract was not fair to future City Councils or to the citizens; Carol Duff - Chamber of Commerce, responded to Council questions; said of the 400 potential spaces that, as of now, 39 would be used by Hermosa Beach businesses (who already paid a business license), 15 would be given free of charge to non-profit groups, and five merchants used double spaces which left approximately 341 spaces at 25 each for an amount of 8,525 to the City each Fiesta; said the Chamber charged 335 to each for-profit vendor; said long term planning was good for the Chamber and the City; John Burt - 1152 Seventh Street, said the Chamber should not be involved in the Fiesta; said it was unfair to close the City streets; Patricia Spiritus - Downtown Business Area Enhancement District Commissioner, said that this was not a good time to start a five-year contract involving the downtown area as there was proposed construction and changes that could affect how the Fiestas would be staged in the future; Kathleen Midstokke - questioned the Chamber version of the Fiesta history; questioned if the Chamber still charged the vendors a percentage of their Fiesta sales; suggested that the City charge a flat fee of the Chamber based on the street closures for six days a year; said that a yearly review has worked well for the Chamber in the past; Chip Scholz - B.F.I., Chamber of Commerce Boardmember, said the Hermosa Beach Fiestas were considered the premier summer events in the area, said that Torrance paid its Chamber of Commerce 40,000 per year but the Fiestas allowed the Hermosa Chamber to operate without taxpayer subsidy; urged the Council to accept the five-year contract; Garrison Frost, Sr. - "Coast Drug" owner, said there was a problem with a flat fee that meant the City lost the sales tax revenue from outside vendors; said if a business came into the City for the Fiesta from another area that the sales tax charged on items sold in Hermosa Beach would be reported and go to the other city, not to Hermosa; said the Fiesta closed the downtown on the six best sales days of the year; said that a five-year contract ended the Citys ability to negotiate and fine tune any problems with the Fiestas; Jerry Newton - 2041 Circle Drive, said that the contract only freezes the amount of the fee, that the contract did have an annual review in it; said he lost money with the first few Fiestas but he learned how to use the Fiestas to market his gift business and now does very well; suggested that other merchants could use the crowds that come down with money to buy items to their advantage; Dallas Yost - "Pacific Screen Prints", suggested that the Council see some of the fine tuning for the Fiestas before it granted a five-year contract; said the non-profit organizations were obliged to spend any money received through Fiesta fundraising back to the community; said that the Fiesta had formerly hired local youths to clean tables and do odd jobs which allowed the young people to purchase items in the community but had now decided to hire professionals to do these jobs; said he was in favor of the Fiestas but they needed to be more community friendly; Steven Roberts - said that as a new business owner he did not know the affect of the Fiestas on his business; suggested that the Council wait on giving a five-year contract; Gloria Anderson - Chairperson of the Fiesta, said she hoped the Council would approve the five- year contract as the Council always had the option to review the event; Mike Zisliss - "Hermosa Brewing Company", said he would rather have the Fiestas on dates other than the busy Holiday week-ends; suggested that the Council give a one-year contract with options for five-years; Matt Daniel - new restaurant owner, questioned how the Fiesta would deal with the proposed patio dining on lower Pier Avenue; said that over the St. Patrick's Day event he had made 300 which did not meet his overhead; Jean Schmeltzer - 24th Place, suggested that the Council accept the five-year contract, then they would not have to listen to the same arguments each year; said that the Holiday week-ends were the only times that most volunteers could offer to help for three days; David Grimm - "Shirttails", spoke in favor of the Fiesta and the business that it brought to the merchants; Barbara Erickson - "Backburner Cafe", said the Fiestas were a disaster for her business; said the crowds kept her customers away and caused her trash and restrooms to overflow; suggested that other dates be used for the Fiesta; and, Mark Conte - Fiesta Coordinator, said the Chamber did clean after each Fiesta; said local businesses did have the first right of refusal for the space in front of their stores; said County health laws required a certain space and cleanliness standard for food areas which required that the Fiesta hire professional cleaners; said they did hire local youth for other Fiesta jobs. Public participation closed at 8:41 P.M. Proposed Action: To approve the proposal from the Chamber of Commerce for a five-year contract for the bi- annual Fiestas and to accept the Chambers payment of an event fee of 25 per outside vendor per Fiesta, with no maximum nor minimum amount, and with the understanding that non-profit organizations are exempt from the fee, and to direct staff to include an escape clause. Motion Reviczky, second Bowler. The motion was withdrawn by the maker and the second. Proposed Action: To approve a five-year contract, with an annual review, to allow the Chamber to put on the Fiesta and to approve a 25 fee per Fiesta per outside vendor, with non-profit organizations exempt from the fee. Motion Oakes, second Bowler. The motion was withdrawn by the maker and the second. Action: To approve a five-year contract, with an escape clause, and an annual review after the Fiesta, and to approve the 25 fee per for-profit vendors per Fiesta (no maximum or minimum amount) and to exempt non-profit organizations from the fee). Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote. The meeting recessed at 9:10 P.M. The meeting reconvened at 9:32 P.M. 5.CONSIDERATION OF LEGAL NOTICING CONTRACT ALTERNATIVES. Memorandum from City Clerk Elaine Doerfling dated May 1, 1995. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to negotiate an extension to the current contract for legal and display advertising with the Easy Reader newspaper for a period of one year. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 6.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.Vacancies - Boards and Commissions, Upcoming expiration of terms. 1)Civil Service Board - Two terms expiring July 15, 1995; 2)Parks, Recreation & Community Resources Advisory Commission - Two terms expiring June 30, 1995; 3)Planning Commission - Two terms expiring June 30, 1995; and, 4)Downtown Business Area Enhancement District Commission - Two terms expiring September 15, 1995. Memorandum from City Clerk Elaine Doerfling dated April 20, 1995. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)direct the City Clerk to immediately advertise and request applications for the terms expiring on the Civil Service Board; Parks, Recreation & Community Resources Advisory Commission and the Planning Commission with the applicant interviews and appointment/reappointment for all six vacancies to be set at a later date; and, 2)direct the City Clerk to advertise at a later date (late July/early August) and request applications for the two terms expiring September 15, 1995 on the Downtown Business Area Enhancement District Commission. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. City Attorney Michael Jenkins responded to Mayor Benz question regarding the possibility of combining the Planning Commission and the Parks, Recreation and Community Resources Advisory Commission by saying that this would have to come before the Council on a future agenda. 8.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Mayor Benz to direct staff to report back on the feasibility of removing the median on Pier Avenue from Hermosa Avenue to Beach Drive. Mayor Benz spoke to his request. Action: There was no action taken on this request. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, concerned about C.U.P.s; said the Fiesta should be with our own businesses. Councilmember Reviczky commented on receiving a supplemental to the contract for the beach concert for Saturday, May 13, 1995, and complimented staff and Mary Rooney for an excellent job on such short notice. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 9, 1995 at the hour of 9:51 P.M. to the Regular Meeting of Tuesday, May 23, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 23, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Peter Bonano, Fire Chief ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz REVIEW OF PRELIMINARY 1996-97 BUDGET. (a) Overview of Budget Changes - City Manager Burrell cited some notable changes that were achieved in putting this budget together, which were part of the effort that began last year in building a sustainable budget and beginning to work on allowing for the future in terms of equipment replacement, compensated absences and the City's liability insurance fund. He said these things were done due to a number of changes that were made last year, as well as the continuing growth in many of the revenue sources and the continuing economic vitality found in a lot of areas, including building activity and the number of new businesses in town. He said the budget contains no new positions due to funding limitations and he was hopeful that the City would continue to see revenue growth so it may be possible in the future to meet some of the other needs that have been recognized. He said the State general fund now has a significant surplus over what was projected, making it unlikely that any more money would be taken from cities, but he also did not expect the passage this year of any of the several bills in the legislature that would begin to return to cities the funds taken by the State since 1991. He said other funds accumulated will allow the City to begin the implementation of the downtown improvement program, which must start on October 1, as well as a number of other projects taking place this year, including undergrounding projects and sewer projects. In addition, he said the Parks, Recreation and Community Resources Advisory Commission is working on a program to make some major park improvements including the Greenbelt irrigation system, the Clark building retrofit and a number of other facility improvements, such as restrooms and sidewalks, which will be funded by the Parks and Recreation fund. He said once that plan is done, the City will save money in maintenance costs and staff time involved with fixing problems. He said one of the most notable things about the budget is that funding the crossing guard program is not included, and if funding is desired, Council should direct staff to return with a plan to fund it at whatever level Council desires when the budget is presented for adoption. He said during tonight's review, when they get to the fleet fund, there is an opportunity for the City to save some money in terms of the planned purchase if staff receives authority to make the purchase before the adoption of the budget of three police patrol vehicles to be paid for out of the FY 1996-97 budget. There were no questions concerning the Budget Summary. (b) Overview of Revenue Changes - Finance Director Copeland and City Manager Burrell responded to Council questions related to the revenue worksheets (beginning on page 12 of the preliminary budget). In response to a Council questions related to free skating hours at the South Park hockey rink, City Manager Burrell said the City would post the hours on signs at the site and that he would report back on the facility guidelines. Discussion ensued regarding the Crossing Guard District Fund (page 31) which, as noted earlier by the City Manager, was unfunded for the upcoming year. Councilmember Reviczky reported on the recent subcommittee meeting he and Councilmember Edgerton had with the School Board members, who said the School District would be unable to participate in funding the program for the upcoming fiscal year. He recommended that Council continue its commitment toward the crossing guards because he thought it was a necessary and important service, and suggested that the City commit to providing one-half of the required funding as was done last year and directed staff to come back with a proposal showing how far the money would go and which intersections would have crossing guards. Councilmember Edgerton suggested that the City instead simply reduce the number of crossing guards from 12 to six which would provide almost the same level of service since some areas have two crossing guards where only one may be sufficient. Action: To direct staff to analyze the crossing guard issue and return with a proposal that designates where the guards would be, the paths the students would follow to get to school, and that shows at increments the cost impact of each of the two options suggested above. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz). Further Action: It was directed by Mayor Oakes, with the concurrence of the City Council, that staff also evaluate the possibility of reallocating to the crossing guard fund the 6,000 that the City currently pays to the School District for landscape maintenance of the school grounds. In response to Council questions, City Manager Burrell said 1.8 billion will be allocated to schools statewide. He said each school will get 50,000 and if both Hermosa Beach schools are eligible recipients, the School District would receive a total of 100,000. City Manager Burrell responded to Council questions related to the personnel allocation summary (page 38), noting that there were no changes. (c) Review of Department Expenditures City Council - No questions. City Attorney - No questions. City Clerk/Administration & Records/City Clerk/Elections - City Clerk Doerfling responded to Council questions, saying that the difference in the FY 1995-96 budgeted government contract services amount (51,000) and the estimated annual expenditure (70,000) was due to the extra election held in March, and that the requested 1,200 for equipment in the FY 1996-97 budget was to replace the old tape recording system in the Council Chambers. City Manager - City Manager Burrell responded to a Council question, saying the requested 500 for equipment was for a chair. City Manager - Data Processing - City Manager Burrell responded to a Council question, saying that the requested 27,530 for equipment is for computer equipment replacement/upgrade, consolidating the needs for all departments, including 10 computers and five printers, some computer stands, memory upgrades and miscellaneous items such as connectors, noting it was mainly hardware with a small amount of software, and these funds would be available for replacement as needed. He cited as an example the need for a new printer in the Clerk's office. City Clerk Doerfling said with the current printer it takes about 15 to 20 minutes per page to print out an ordinance or resolution. City Manager Burrell was requested to provide Council with a list of the requested items. Prospective Expenditures - City Manager Burrell responded to a Council question concerning the small funding amount budgeted for the upcoming year as opposed to last year. City Prosecutor - No questions. City Treasurer - No questions. Community Development - Building & Safety/Code Enforcement Division - No questions. Community Development - Planning Division - No questions. Community Development - Planning Division - Commuter Express Participation - No questions Community Development - Planning Division - Dial-A-Ride - In response to a Council question concerning the high cost of this program, City Manager Burrell said Councilmember Benz had suggested to him that, at the appropriate time in the contract with Redondo Beach, the City look at ways to either individually or jointly provide this service at a lower cost, noting that the fares do not cover the cost of the program. City Manager Burrell was directed to come back with the contract and one of the things the Council would like to consider is the possible use of taxis. Community Development - Downtown Business Area Enhancement Commission - City Manager Burrell responded to a Council question relating to contract services, saying the biggest contract is for downtown maintenance and the shared trash area contract with BFI. Re the requested 15,000 funding for advertising, Community Development Director Blumenfeld said last year the funds were spent on banners, the FirstNIGHT contribution and the St. Patrick's Day parade, noting that radio ads were purchased for that. Finance Director Copeland also responded to Council questions. Community Development - Planning - Source Reduction and Recycling Element - City Manager Burrell responded to Council questions. Community Resources/Cable TV - In response to a Council question pertaining to new microphones in the Council Chambers, City Manager Burrell said the design work going on includes the sound and TV systems and integrating the two together, noting that the project included changing the location of the camera as well. He said the audio/visual system would be paid by the cable company. Finance Director Copeland also responded to Council questions. Community Resources - Recreation Transportation - No questions. Finance Administration - In response to a Council question concerning the increased amount requested for conference/ training, Finance Director Copeland said the funds would cover the additional expense in FY 1996-97 of school tuition for one of the employees, the two conferences which are both out of Los Angeles County and therefore involve travel, sending the accountant for national finance officer training on accounting, and the chapter meetings she is now attending. She said the equipment replacement charges are for the pool car that everyone uses. Finance Cashier - In response to a Council question pertaining to contract services, Finance Director Copeland said the biggest increase here is because last year the City did no out-of-state processing due to the data processing system conversion and that next year those costs will be there but they would be offset by associated revenue. She said the other major item in this account is the City's DMV records retrieval which are now regularly processed since the computer conversion. Mayor Oakes suggested that a breakdown be included next year since this is a question that arises with each budget review. Bus Pass Subsidy - No questions. The meeting recessed at the hour of 8:48 P.M. The meeting reconvened at the hour of 9:01 P.M. Fire Department - Fire Chief Bonano responded to a Council question, saying the funding for contract services was the department's share of the cost of computer maintenance at the Police Department, which includes radio maintenance. Police Chief Straser responded to additional questions relating to that contract. In response to a Council question regarding overtime funding, Fire Chief Bonano said although it is difficult to estimate what injuries may arise under workman's compensation, the amount requested was enough to cover vacations and normal sick leave use, noting that a large part of last years increase was for sending an individual for paramedic training. Finance Director Copeland discussed the handling of mutual aid reimbursements, such as assistance during the Malibu fires, which offset the cost, saying the reimbursement goes back into the overtime account if it is the exact amount. City Manager Burrell said it is very seldom that the reimbursement comes during the same fiscal year that the assistance took place, and pointed out there is no reimbursement with assistance to Manhattan Beach or Redondo Beach, for example. He added that the accounting documents are considerably more detailed than the budget, which simply shows total figures. General Appropriations - No questions. Personnel Department - In response to a Council question, Personnel Director Blackwood said the cost for medical exams is up because they are anticipating reserve programs in the Fire Department and required physicals, noting that medical exams for all employees come out of this budget. He also said a lot of the conference funding would be to provide in-house conference training for employees AQMD Emission Control Program - Finance Director Copeland responded to Council questions. Auto/Property/Bonds - No questions. Liability Insurance - Personnel Director Blackwood responded to Council questions. Unemployment Insurance - No questions. Workers' Compensation - No questions. Police Department (General Fund) - In response to a Council question regarding contract services, Police Chief Straser said one-third was for hardware, one-third was for software and one-third was for miscellaneous items. Mayor Oakes requested that all contract services be broken down next year or at mid-year review. Responding to further questions, Police Chief Straser said the equipment less than 500 included an ID kit, binoculars, and a tape recorder, and the higher cost equipment included replacing radios used by detectives and computer software which allows police to make facial images of suspects. Regarding increased overtime costs, he said it was partly due to downsizing to five service officers, and that the rest is for special events which is reimbursed to the City on the revenue side which balances those costs out. Discussion ensued on overtime costs for both police and fire and whether they are to the point where it would pay to hire additional personnel. Fire Chief Bonano said the Fire Department would have to hire one person per shift, and that although the short-term budget would go down, as the new people acquire vacation time or get sick or injured, the overtime numbers would go up again. City Manager Burrell said he would look into the threshold for the Fire Department, pointing out, as the Fire Chief noted, that it would require hiring three people for that department. He said he would also look into the issue with regard to the Police Department, noting that in addition to events, the increase in overtime costs is also due to recent wage increases. Police Department (Grant, Office of Traffic Safety) - No questions. Police Department - Parking Enforcement/Animal Control - City Manager Burrell responded to Council questions. Police Department - Special Investigations Unit - Police Chief Straser responded to Council questions, saying the equipment item concerns a police records system which will be before Council at its regular meeting of May 28. Public Works - Administration & Engineering/Parks Division - Public Works Director Amarani responded to Council questions, saying that the 25,000 equipment figure is for playground equipment at various locations, and the increase in materials and supplies is because eight divisions have been combined into five. Public Works - Building Maintenance Division - No questions. Public Works - Street Lighting Division/Medians Division - No questions. Public Works - Sewers/Storm Drain Division - In response to Council questions concerning equipment and equipment replacement, City Manager Burrell said the 14,750 equipment amount is for a jackhammer and a compactor to replace the one the City has now, an electric power snake, a portable pump, some generators and other items. He said the equipment replacement cost of 19,345 includes maintenance, fuel and amortization charges for the various vehicles charged to this Public Works division. Public Works - Street Maintenance/Traffic Safety Division - Finance Director Copeland said the 18,000 equipment cost is for the purchase of a sidewalk grinder. Public Works Director Amirani said the grinder will significantly reduce the otherwise time-consuming job of replacing concrete. At the request of Council, City Manager Burrell said he would supply Council with a list of all Public Works equipment before the budget is adopted. Public Works - Equipment Service Division - City Manager Burrell said this is a new fund, that includes all the mechanics and all automobile related costs, including the amortization of vehicles so that funds are set aside and available to replace vehicles when their useful life is expended. He said a lot of items are estimates, and that the fund was designed to be flexible, that equipment replacement works on a revolving basis. He said there is a good opportunity to make this self-funding in the future. The meeting recessed at 9:45 p.m. The meeting reconvened at 9:52 p.m. City Manager Burrell said ordering the three police vehicles now would save the City a considerable amount of money. Action: To authorize the issuance of a purchase order at this time for three 1996 Chevy Caprice police patrol vehicles at a unit price of 18,442 to the specified Chevrolet dealer in Alhambra. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. At the direction of Council, City Manager Burrell said he would prepare a list of vehicle replacement needs to make it as accurate as possible so that funds can be redirected to prospective expenditures or to fund the crossing guards if it turns out that the account is overfunded. He also said he would highlight the specific vehicles (pages 118, 119 and 120) for Council when the budget is brought back for adoption. During review of the Capital Improvement Program, Mayor Oakes asked that trees on the Greenbelt get pruned this year since people are sleeping under them. She also said that people generally use the small Greenbelt path east of the large main path because there are so many chips placed on the main path. City Manager Burrell said perhaps with the new irrigation system, there will be a way to not have to heavily chip the path to keep the dust down. He said staff would return with all the requested information at the meeting of June 11, 1996. CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 23, 1996 at the hour of 10:19 P.M. to the Regular Meeting of Tuesday, May 28, 1996. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 13, 1995, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Jane Gierlich, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent:None APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: A.Designate Mayor for a term ending March 26, 1996. Outgoing Mayor Benz thanked the Council for his appointment as Mayor and said that it was a truly exciting time to be a part of the things that are happening in the City. Mr. Benz cited the sense of community that he sees developing through events such as "First Night", the "St. Patrick's Day Parade" and the recent "Beach Concert" and said that he was proud to be a small part of the transformation, he then quoted a phrase from "The Wizard of Oz" and said, "There's no place like home." Action: To designate John Bowler as Mayor for a term ending March 26, 1996. Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. B.Designate Mayor Pro Tempore for a term ending March 26, 1996. Action: To designate Julia Oakes as Mayor Pro Tempore for a term ending March 26, 1996. Motion Mayor Benz, second Reviczky. The motion carried by a unanimous vote. Newly installed Mayor Bowler presented a plaque of appreciation to former Mayor Benz, thanked him for his service as Mayor, and said that a grateful citizenry was presenting Mr. Benz with a gavel so that Mr. Benz could "gavel himself out of order whenever necessary". C.Intergovernmental agencies requiring appointment of Mayor as delegate. Memorandum from City Clerk Elaine Doerfling dated May 22, 1995. Action: To make the following appointments to intergovernmental agencies requiring appointment of Mayor as delegate: 1)appoint Mayor Bowler to the Los Angeles County - City Selection Committee; 2)appoint Mayor Bowler to the South Bay Cities Sanitation District Board of Directors and Mayor Pro Tempore Oakes as alternate director; and, 3)appoint Mayor Bowler as delegate to the Inglewood Fire Training Authority and Mayor Pro Tempore Oakes as the alternate. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Mayor Bowler asked the Council for any requests for change of delegates to standing committees. Action: To abolish the following committees and sub- committees: 1)South Bay Coalition for Drug Free Youth; 2)Hermosa Beach Library sub-committee; and, 3)Beach Drive Encroachment sub-committee. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. Action: To appoint Reviczky as delegate and Benz as alternate to the Juvenile Diversion Project, to appoint Oakes and Reviczky as Council representatives to the Pier sub-committee, and to approve the list of committee assignments as amended. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Mayor Bowler thanked his family and friends who had come to wish him well during his tenure as Mayor of the City. Mr. Bowler said that he had found his time on the Council a uniquely rewarding experience, thanks to his fellow Councilmembers and City staff. He said that the events that were now taking place, and scheduled to begin, showed what could happen when bickering is set aside and consensus building takes its place. Mayor Bowler continued by saying that he felt a fiduciary responsibility to the length of time of the Council meetings, as time is money, and to that purpose he proposed to start the meetings on time and to make the governing process more expeditious by asking everyone to keep their comments brief and succinct. The meeting recessed at 7:28 P.M. The meeting reconvened at 7:52 P.M. ANNOUNCEMENTS: Councilmember Reviczky commended the Police Department for the apprehension, without injury to anyone involved, of four armed men who attempted a robbery at Seymours Jewelry. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Barbara Warner - City employee, questioned how many people had had the chance to read the proposed budget or give input prior to its presentation to the Council; questioned why there were increases for training and furniture allocations in the Fiscal Year 1995-96 Finance Cashier budget when that department was losing two-fifths of its staff; said that the high productivity of the department over prior years was due to the two people who were now being cut from the department staff. Mayor Bowler said there would be a meeting of City Employees, the Union and the City Manager and asked Ms. Warner to attend that meeting and present these questions at that time. At 7:56 P.M. the order of the agenda was suspended to go to the public hearing, item 4. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (l) Benz and (m) Benz. Motion Reviczky, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting of the City Council held on May 23, Action: To approve the minutes of the Regular Meeting of May 23, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS 3455, 3456, 3457, 3458, 3459, NUMBERS 3584 THROUGH 3676 INCLUSIVE, AND NUMBERS 3677 THROUGH 3748 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 3587, 3588, 3589, 3590, 3591, 3631, 3675, 3677, 3678, 3679, 3680, 3681, 3682, 3683, AND 3710. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FOLLOWING APRIL 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; and, (2) City Treasurer's report. Action: To receive and file the April, 1995 Financial Reports as presented. (e) RECOMMENDATION TO APPROPRIATE 132,999 TO COVER COSTS ASSOCIATED WITH PREVIOUSLY APPROVED MEMORANDUMS OF UNDERSTANDING (MOU'S) FOR VARIOUS EMPLOYEE BARGAINING UNITS. Memorandum from Finance Director Viki Copeland dated May 30, 1995. Action: To approve the staff recommendation to cover the costs associated with previously approved Memorandums of Understanding (MOUs) for various employee bargaining units for Fiscal Year 1994-95 by appropriating 132,999 from: 1)General Fund 113,813 2)Lighting/Landscaping 2,492 3)Downtown Enhancement 315 4)Parking Fund9,907 5)Crossing Guard176 6)Sewer Fund 3,340 7)Asset Forfeiture2,418 8)Insurance Fund538 -------- for a total of132,999 (f) Recommendation to approve the lease and fee waiver for the Community Center Foundation for the shared use of Room C in the Community Center. Memorandum from Community Resources Director Mary Rooney dated May 31, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission, the Community Center Foundation Board and staff recommendation to: 1)approve the one-year lease agreement between the Hermosa Beach Community Center Foundation Board and the City for the use of one-half of Room C in the Community Center and to waive the regular fee of 70 for the period of June 15, 1995 through June 30, 1995 (156 sq.ft. X .90 per sq.ft.) and to waive the regular fee of 145 per month from July 1, 1995 through June 30 (156 sq.ft. X .90 per sq.ft.) for a total waiver amount of 1,810; and, 2)authorize the Mayor to sign the lease. (g) Recommendation to approve renewal of lease agreement with L.A. County Bar Association Dispute Resolution Services, Inc. for Room 6B in the Community Center. Memorandum from Community Resources Director Mary Rooney dated May 31, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the L.A. County Bar Association Dispute Resolution Services and the City for the use of Room 6B in the Community Center at a rate of 186 per month (200 sq.ft. X .93 per sq.ft.) from July 1, 1995 through June 30, for a total rental income of 2,232; and, 2)authorize the Mayor to sign the lease. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #23258 FOR A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 628 MONTEREY BOULEVARD.Memorandum from Community Development Director Sol Blumenfeld dated May 24, 1995. Action: To approve the staff recommendation to: 1)approve Final Parcel Map #23258; 2)adopt Resolution No. 95-5743, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #23258 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 628 MONTEREY BOULEVARD, HERMOSA BEACH."; and, 3)direct the City Clerk to endorse the certificate for Final Parcel Map #23258. (i) Recommendation to approve lease agreement with Beach Cities Health District for Room 5 in the Community Center. Memorandum from Community Resources Director Mary Rooney dated June 5, 1995. Action: To approve the staff recommendation to: 1)approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Room 5 in the Community Center at a rate of 737 per month (792 sq.ft. X .93 per sq.ft.) from July 1, 1995 through June 30, 1996 for a total rental income of 8,844; and, 2)authorize the Mayor to sign the lease. (j) RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXTEND BOTH THE DOWNTOWN MAINTENANCE CONTRACT WITH SPECIALTY MAINTENANCE, INC. AND THE PIER MAINTENANCE CONTRACT WITH ALLPOINTS MAINTENANCE TO A MONTH-TO-MONTH BASIS UNTIL BIDS ARE RECEIVED AND A NEW CONTRACT IS AWARDED. Memorandum from Public Works Director Amy Amirani dated June 7, 1995. Action: To approve the staff recommendation to: 1)authorize the Director of Public Works to extend the contract for downtown maintenance with Specialty Maintenance, Inc. to a month-to-month basis (42,511 per year for 3,542.58 per month) until new bids are received and a new contract is awarded; and, 2)authorize the Director of Public Works to extend the contract for pier maintenance with Allpoints Maintenance, Inc. to a month-to-month basis (8,405 per year for 700.42 per month) until new bids are received and a new contract is awarded (k) RECOMMENDATION TO ADOPT RESOLUTION AMENDING THE AMOUNT CHARGED FOR DUPLICATION OF PUBLIC RECORDS TO .10 PER PAGE PURSUANT TO GOVERNMENT CODE SECTION 6257. Memorandum from City Manager Stephen Burrell dated June 8, 1995. Supplemental memorandum from City Manager Stephen R. Burrell dated June 13, 1995 with revised Resolution from City Attorney Michael Jenkins. Action: To approve the staff recommendation to adopt Resolution No. 95-5744, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING CHARGES FOR COPIES OF PUBLIC RECORDS." (l) RECOMMENDATION TO RETAIN A BSI CONSULTANT TO PROVIDE TAX CONSULTING SERVICES FOR ESTIMATE OF CROSSING GUARD SERVICE SPECIAL TAX. Memorandum from Public Works Director Amy Amirani dated June 8, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Mr. Benz said he was in opposition to this assessment as he felt it was an additional tax on the residents and questioned why there had not been a request for proposals rather than a sole source bid. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell responded to Council questions. Proposed Action: To receive and file. Motion Benz. The motion died due to the lack of a second. Action: To approve the staff recommendation to retain BSI Consultants, Inc. to provide Tax consulting services for the establishment of a citywide Crossing Guard Special Tax at a cost of 6,500 for basic services (extended services to be negotiated) and 2,00 for mailing and public information services. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Benz. (m) RECOMMENDATION TO AWARD CONTRACT TO SILVIA IN THE AMOUNT OF 1,037,479 FOR THE HERMOSA AVENUE REHABILITATION PROJECT. Memorandum from Public Works Director Amy Amirani dated June 8, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Mr. Benz questioned why there had been only three bids on a contract of over one million dollars and if the sewer rehabilitation portion of the bid was to actually cost 740,000 or if that was the amount unfunded from other sources. Public Works Director Amirani presented the staff report and responded to Council questions. Ms. Amirani said that the tight schedule for completion of the contract might have deterred some bidders and that 740,000 was the actual cost of the sewer rehabilitation as it was 3,500 lineal feet of 24" PCP pipe. City Manager Burrell also responded to Council questions. Action: To approve the staff recommendation to: 1)authorize the award of the construction contract for the Hermosa Avenue Sewer and Street Rehabilitation Project ( CIP 94-141 and CIP 94-408) to Silvia Construction Company of Anaheim, California, in the amount of 1,037,479.20; 2)authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3)direct the City Clerk to reject all other bids and release the bid bonds after the award by the City Council and upon completion of the project to direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4)authorize the Director of Public Works to make minor changes as necessary within budget; and, 5)retain CMI Engineering consultants to provide Construction Inspection Services for an amount of 55,040. 6)And, with the understanding that the budget for the project will be: a) Design Engineering..................43,623.00 plus additional work.................6,000.00 b) Construction Contract............1,037,479.20 c) Contract Administration.............15,000.00 d) Construction Inspection.............51,040.00 e) Contingency (10%/contract).........103,747.00 ------------- for a Total of........................1,256,889.20 7)with the funding sources for Street Rehabilitation from: aa) State Gas Tax Funds (115)...........88,973.00 bb) County Gas Tax (120)................89,299.00 cc) Proposition C (146)................100,000.00 dd) Grant funds (150)..................238,000.00 -------- --- for a Total of..........................516,272.00 8)with the funding source for Sewer Rehabilitation from the sewer fund in the amount of....740,617.20 ---------- --- for a Total of........................1,256,889.20. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1131 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RESTRICTING CONSTRUCTION ACTIVITY ON SATURDAYS AND SUNDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 30, 1995. Action: To adopt Ordinance No. 95-1131. Motion Reviczky, second Benz. AYES:Bowler, Oakes, Edgerton, Reviczky, Mayor Benz NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(l) and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.SUNSET DRIVE - VACATION OF PUBLIC RIGHT-OF-WAY. Memorandum from Public Works Director Amy Amirani dated June 7, 1995. Supplemental Resolution for adoption from City Attorney Michael Jenkins received June 13, 1995 prior to the meeting. Public Works Director Amirani presented the staff report and responded to Council questions and said that this vacation was subject to receiving 2,000 from each of the eight property owners affected and that currently she had the signed documents from six of the property owners. The public hearing opened at 8:05 P.M.As no one came forward to address the Council on this item, the public hearing closed at 8:05 P.M. Action: To approve the vacation of Sunset Drive from Fourth Street to 160' north and from 60' to 150' south of Sixth Street and to adopt Resolution No. 95-5742, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ORDERING THE VACATION OF A PORTION OF THE RIGHT OF WAY ON SUNSET DRIVE IN THE CITY OF HERMOSA BEACH." Motion Reviczky, second Oakes. The motion carried by a unanimous vote. At 8:06 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 5.1995 SEASON: BEACH CONCERT REQUESTS. Memorandum from Community Resources Director Mary Rooney dated June 1, 1995. Community Resources Director Rooney said that this item had been withdrawn from the agenda tonight and would be presented on a future agenda, but that she would like the Council to provide direction or comments on the proposed contracts and to form a sub-committee to develop a policy for the beach concerts. Public participation opened at 8:30 P.M. Coming forward to address the Council on this item was: Patricia Spiritus - Downtown business owner and Downtown Business Area Enhancement District Commissioner, said that, judging from the number of requests coming in for beach concerts, the concerts could become a business rather than just an occasional event; said there should be some program or guidelines to integrate the beach use with the downtown businesses; suggested that there be a merchant group to work with the event promoters and suggested that the Downtown Business Area Enhancement District Commission was the perfect commission to work with the merchants and the promoters. Public participation closed at 8:32 P.M. City Attorney Jenkins suggested that the Council direct him to return with guidance regarding the legal constraints involved with making discretionary judgments on limiting the type of music or group use for beach concerts. Council concerns included: 1)information as soon as possible on whether the City can charge for the concerts; 2)the development of a plan to meld the beach events with the normal downtown use; 3)pre-approval information on who the performers at a concert will be; 4)a charge for Community Resources staff time, in the same manner as Police and Fire Department staff time is charged on an hourly basis; 5)a more accurate estimate from the promoters of the anticipated crowds in order to ensure adequate satellite parking shuttles and crowd control; 6)a policy that sets a minimum advance time for the application for a beach concert, and to impose additional fees if a promoter does not meet that minimum time frame; and, 7)a policy to allow the City to get up-front money from the concerts. Action: Mayor Bowler directed, with the consensus of the Council, that the City Attorney return with his suggested guidance to the Council and that Councilmember Benz and Mayor Bowler be appointed as a sub-committee to meet with Community Resources Director Rooney, and others, to work on guidelines and policy for the beach concerts. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Mayor Bowler for consideration of an "Economic Summit" consisting of the City Council, the Downtown Business Area Enhancement District Commission, Vision Hermosa, and the Chamber of Commerce's Business Advocacy Sub-Committee and Economic Development Officer. Mayor Bowler spoke to his request. Action: To direct the City Manager to schedule the "Economic Summit" and to arrange for a facilitator to chair the meeting. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. b.Request by Councilmember Benz for consideration of merging the Parks, Recreation and Community Resources Commission into the Planning Commission. Councilmember Benz spoke to his request. Action: To direct that the consideration of merging the Parks, Recreation and Community Resources Commission into the Planning Commission be brought back on a future agenda. Motion Mayor Bowler, second Benz. The motion carried, noting the dissenting vote of Reviczky. Councilmember Edgerton left the meeting at 8:47 P.M. CITIZEN COMMENTS Coming forward to address the Council at this time was: Patricia Spiritus - Downtown business owner, questioned the City policy regarding noticing affected businesses regarding street closure for special events; said that without prior notification, during the last Fiesta and during a beach event her street had been blocked and customers could not get to her business. Action: To direct the City Manager to review the noticing policy regarding temporary street closure and report back to Council. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote, noting the absence of Councilmember Edgerton. Mayor Bowler said that there were copies of the City budget for Fiscal Year 1995-96 available in City Hall and in the Library for anyone who wished to review it. Mayor Bowler also announced that Sammy Fuentes, who trained in Hermosa Beach and fought under the name of "The Hermosa Hurricane", had won a WBO championship, and the Council wished to commend Mr. Fuentes. Action: To honor Mr. Fuentes with a Proclamation. Motion Benz, second Mayor Bowler. The motion carried by a unanimous vote, noting the absence of Councilmember Edgerton. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 13, 1995 at the hour of 8:52 P.M. to the Regular Meeting of Tuesday, June 27, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 27, 1995, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - James Dewey, Downtown Business Area Enhancement District Commissioner ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Bowler Absent: Benz (arrived at 7:15 P.M.) PRESENTATION: PRESENTATION OF CERTIFICATE OF RECOGNITION TO SAMMY "HERMOSA HURRICANE" FUENTES Mayor Bowler presented the Certificate of Recognition to Sammy "The Hermosa Hurricane" Fuentes to congratulate him and to express the pride the City and the Council shared in his accomplishment in retaining the WBO Championship Boxing Title. Mr. Fuentes thanked the Council for its recognition. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, submitted information, said that he had already submitted the information to the City Manager and now was going directly to the City Council; explained that he had asked the Public Works Department for some information regarding the Landscape and Lighting District and the Department had not provided him with it; said that he was now giving a formal complaint regarding the refusal of the City to provide him with public information; and, Sherry Sturges - 2011 Manhattan Avenue, said that the 25 miles per hour speed limit was neither obeyed nor enforced on Manhattan Avenue, and that speeding vehicles had resulted in the death of one pet and the injury of another; questioned what the City would do to enforce the speed limit for the safety of the many children and pets that lived in the area. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (o). Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Councilmember Benz. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular meeting held on June 1, 1995; 2)Minutes of the Adjourned Regular meeting held on June 8, 1995; and, 3)Minutes of the Regular meeting held on June 13, 1995. Action: To approve the minutes of the Adjourned Regular Meeting of June 1, 1995; the Adjourned Regular Meeting of June 8, 1995; and, the Regular Meeting of June 13, 1995 as presented. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3756 THROUGH 3907 INCLUSIVE, NOTING VOIDED CHECK NOS. 3756, 3757, 3758, 3759, 3760, 3761 AND 3824, AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the May, 1995 Financial Reports as presented. (Benz absent) (e) REQUEST FOR 30-DAY EXTENSION OF TEMPORARY APPOINTMENTS. Memorandum from Personnel Director Robert Blackwood dated June 6, 1995. Action: To approve the staff recommendation to extend for 30 days the temporary appointment of a custodian in the Public Works Department due to the review of custodial services for the feasibility of contracting custodial services to a private outside contractor. (Benz absent) (f) RECOMMENDATION TO APPROPRIATE 15,759 FROM THE GENERAL FUND TO THE FIRE DEPARTMENT TO COVER OVERTIME COSTS FOR THE MONTH OF JUNE. Memorandum from Fire Chief Peter Bonano dated June 13, 1995. Action: To approve the staff recommendation to appropriate 15,759 from the General Fund to Fire Department account #001-2201-4106 in order to pay anticipated overtime for the month of June, 1995, as the fund had been depleted due to unforeseen overtime expenses in the months of April and May of 1995. (Benz abse nt) (g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND BEACH CITIES HEALTH DISTRICT FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO EXECUTE THE LEASE. Memorandum from Community Resources Director Mary Rooney dated June 20, 1995. Action: To approve the staff recommendation to: 1)approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Room 6A in the Community Center at a rate of 123 per month (132 sq.ft. X .90 per sq.ft.) from July 1, 1995 through June 30, 1996, for a total rental income of 1,476; and, 2)authorize the Mayor to sign the lease. (Benz absent) (h) RECOMMENDATION TO APPROVE THE L.A. COUNTY DEPARTMENT OF BEACHES & HARBORS MARKETING PROGRAM, CONSISTING OF THE PLACEMENT OF ADVERTISING SIGNS ON BEACH RESTROOMS AND LIFEGUARD TOWERS FOR A PERIOD OF TWO (2) YEARS IN EXCHANGE FOR BEACH RESTROOM PAINTING AND BEACH PLAYGROUND EQUIPMENT. Memorandum from Community Resources Director Mary Rooney dated June 14, 1995. Supplemental information from Community Resources Department received June 27, 1995. Action: To approve the staff recommendation to approve eight locations, on existing beach restrooms or Lifeguard towers at 22nd Street, 13th Street and at the Pier, for the placement of six foot by four foot panels (under which various "rotating" ads will be placed and replaced), for a two-year period of participation in the Los Angeles County Department of Beaches and Harbors marketing program sponsored by TDI, in exchange for: 1)four swing-sets and four slides to replace deteriorating/damaged or removed equipment at Second Street, Tenth Street, 22nd Street and Longfellow Avenue (estimated cost of 8,000); 2)exterior painting of all beach restrooms, including the Pier restrooms (estimated cost of 4,000 annually); 3)periodic, as needed, repainting of the restrooms; and, 4)participation credit with the County for the marketing program (estimated credit of 40,000 annually to offset lifeguard and beach maintenance). (Benz absent) (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION SHEET FROM THE PLANNING COMMISSION MEETING OF JUNE 20, 1995.Memorandum from Community Development Director Sol Blumenfeld dated June 21, 1995. Action: To approve the staff recommendation to receive and file the action sheet from the Planning Commission meeting of June 20, 1995. (Benz absent) (j) RECOMMENDATION TO APPROVE THE REQUEST FROM IMG (AFFILIATED WITH CE SPORTS AND ENTERTAINMENT) TO CHARGE ADMISSION FOR UP TO 25% OF THE SEATS FOR THE OLYMPIC QUALIFYING TOURNAMENT PROVIDED THAT THE CITY BE PAID 4,000 OR 25% OF THE GROSS PROCEEDS, WHICHEVER IS GREATER.Memorandum from Community Resources Director Mary Rooney dated June 21, 1995. Action: To approve the staff recommendation to approve the request from IMG, who are affiliated with CE Sports and Entertainment, to charge a 20 per seat admission for 500 seats (25 percent of the seating) for the Olympic Qualifying Volleyball Tournament to be held on July 10-16, 1995, provided that: 1)the City be paid 4,000; or, 2)25 percent of the gross proceeds, which ever is greater. (Benz absent) (k) RECOMMENDATION TO APPROVE CONTRACTS FOR REVENUE AUDITING SERVICES WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) AND HDL COREN & CONE, AND DESIGNATE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. Memorandum from Finance Director Viki Copeland dated June 20, 1995. Action: To approve the staff recommendation to 1)approve the contracts for revenue auditing services from: a)audit by Municipal Resource Consultants (MRC), at a fee of 25 percent of any incremental revenue or deficiency recoveries from: aa) Utility User Tax (UUT); bb) Transient Occupancy Tax (TOT); and, cc) Franchise Fees for refuse collection, electric service, and gas service. b)audit by HdL Coren & Cone at a fee of 15 percent of any incremental revenue or deficiency recoveries from: aa) Transfer Tax (with the understanding that both a) and b) above result in no direct cost to the City as the fee applies only to amounts recovered above and beyond those now paid to the City); and, 2)designate the City Manager to sign the contracts on behalf of the City. (Benz absent) (l) RECOMMENDATION TO AWARD CONTRACT FOR MONTEREY BLVD. REHABILITATION FROM 4TH ST. TO PIER AVENUE TO SILVIA CONSTRUCTION COMPANY IN THE AMOUNT OF 849,607.86. Memorandum from Public Works Director Amy Amirani dated June 21, 1995. Action: To approve the staff recommendation to: 1)authorize the award of the construction contract for the Monterey Boulevard and Eighth Street Sewer and Street Rehabilitation Project ( CIP 94-149 and CIP 94- 408) to Silvia Construction Company of Anaheim, California, in the amount of 849,607.86; 2)authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; 3)direct the City Clerk to reject all other bids and release the bid bonds after the award by the City Council and upon completion of the project to direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4)authorize the Director of Public Works to make minor changes as necessary within budget; and, 5)retain CMI Engineering consultants to provide Construction Inspection Services. 6)And, with the understanding that the budget for the project will be: a)Design Engineering........................29,000 b)Construction Contract....................849,608 c)Contract Administration...................20,000 d)Contingency (10%/contract)................85,000 ------- - for a Total of................................983,608 7)with the funding sources for Street Rehabilitation from: aa) SLTPP Grant funds (150)..................187,415 bb) TDA Local.................................36,726 cc) Transfer CIP 92-178 (ST Gas Tx, 115)......10,000 dd) Transfer CIP 85-137 (ST Gas Tx, 115).......8,195 ----- ------ for a Total of................................242,336 8)with the funding source for Sewer Rehabilitation from the sewer fund in the amount of...............741,272 -- ------ for a Total of................................983,608 (Benz absent) (m) RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING AN ADDITIONAL DEFERRED COMPENSATION PLAN FOR EMPLOYEES. Memorandum from Finance Director Viki Copeland dated June 20, 1995. Action: To approve the staff recommendation to: 1)approve the U.S. Conference of Mayors (USCM) Deferred Compensation Plan for the City which is offered to all eligible employees, elected officials, and independent contractors; and, 2)Adopt Resolution No. 95-5745, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING AN ADDITIONAL DEFERRED COMPENSATION PLAN." (Benz absent) (n) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995. Memorandum from City Clerk Elaine Doerfling dated June 21, 1995. Action: To approve the staff recommendation to: 1)approve the regulations for candidate ballot statements for the Municipal Election to be held on Tuesday, November 7, 1995 as the payment of all required costs (determined by Los Angeles County) and the standard format requiring a 200 word limit; and, 2)adopt Resolution No. 95-5746, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995." (Benz absent) (o) RECOMMENDATION TO APPROVE EXTENSION OF CONTRACT FOR CITY ADVERTISING (LEGAL & DISPLAY ADS) WITH EASY READER NEWSPAPER FOR TERM OF ONE YEAR. Memorandum from City Clerk Elaine Doerfling dated May 31, 1995. Action: To approve the staff recommendation to: 1)extend the current contract for City advertising (legal and display ads) with the Easy Reader for a period of one-year at a cost of 8.25 for first insertion and 4.25 for second insertion for legal advertisements and at a cost of 9.00 for first insertion and 7.00 for second insertion for display advertisements; and, 2)authorize the Mayor to sign the contract. (Benz absent) 2.CONSENT ORDINANCES a.ORDINANCE NO. 95-1130 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO AMEND ARTICLE 8 OF THE ZONING ORDINANCE, IN REGARDS TO THE LIST OF COMMERCIAL USES PERMITTED AND CONDITIONALLY PERMITTED IN THE C-1, C-2, AND C-3 ZONES; TO AMEND ARTICLE 10, PERTAINING TO STANDARD CONDITIONS OF CONDITIONALLY PERMITTED USES; AND, TO ADD A NEW DEFINITION SECTION FOR COMMERCIAL USES AND THE ADOPTION OF A NEGATIVE DECLARATION. For adoption. Memorandum from City Clerk Elaine Doerfling dated June 21, 1995. Action: To adopt Ordinance No. 95-1130. Motion Edgerton, second Reviczky. AYES:Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT: Benz ABSTAIN: None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. At 7:15 P.M., as the time publicly noticed for the start of the public hearings had not arrived, the order of the agenda was suspended to go to item 8. Also at 7:15 P.M., Councilmember Benz arrived on the dais. PUBLIC HEARINGS 4.LANDSCAPE AND STREET LIGHTING DISTRICT ASSESSMENTS FOR FISCAL YEAR 1995-96, WITH A PROPOSED INCREASE IN ASSESSMENT PER DWELLING UNIT FROM 16.81 TO 54.82. Memorandum and Resolution for adoption from Public Works Director Amy Amirani dated June 22, 1995. Thirty-six supplemental letters of protest and seven letters of support regarding the proposed assessment district. Supplemental memorandum and analysis from Public Works Director Amy Amirani received June 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Joan Cox - BSI consultant, gave her presentation and explained the methodology for the equivalent dwelling unit assessment and spoke on the preferred method of providing Senior Citizen rebates. The public hearing opened at 8:30 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said that he wanted the lighting done for safety; Jan Donitelli - 5th and Ocean View, expressed concern regarding the lack of services in her area, such as lack of tree and weed trimming on public property and crumbling curbs; Jerry Costello - 17 19th Street, would like to see an upgrade of the light standards on Beach Drive, said the neighborhood would be willing to help with the cost; Jim Lissner - 2715 El Oeste Drive, said the City could save 320,000 by making three changes in the assessment budget: 1) use only half (120,000) of the 240,000 for the lighting standard upgrade for Beach Drive and let the property owners pay the other half, as the speaker prior to him had said he would be willing to do; 2) eliminate the 100,000 for the signal at Hermosa Avenue and 14th Street as there was no information regarding what the problem was with the signal, there was nothing available in the Public Works Department and no report from the traffic engineer; and, 3) eliminate the 100,000 for Pier lighting as there was no reason to do this now with City funds and then have it redone with Grant Funds when the Pier is scheduled to be rehabilitated; said that the one-third of a million dollars would fund the proposed shortfall to the assessment budget and eliminate the need for an increase; also said that there was no estimate of the amount that a Senior Citizen rebate could make on the budget; Shirley Cassell - Hermosa Beach, said she felt that removing expense items out of the General Fund and paying for them through the assessment district was thievery; Vivian Hoffman - 3002 Hermosa Avenue, asked that the Council not try to circumvent Proposition 13 through this assessment; said that she had a four- unit dwelling , but she lived in three of the units and only rented one; questioned why she would be charged for all four at a 220 per year assessment; Eleanor Lynn - Park Avenue, explained that the 24 water stand-by assessment on the property tax bills was rebated by the water district to Senior Citizens through a form, that once filled out became automatic; Tom Pryor - 430 24th Street, suggested that the City include tree trimming and water in the assessment and make it 60 per year; Sherry Sturges - Manhattan Avenue, expressed concern about the manner in which the trees were trimmed; said that in her area the trees were hacked to death, but the City workers did not speak English so she had to speak to them in Spanish to ask them to stop mutilating the trees; and, Kathleen Midstokke - Hermosa Beach, expressed concern regarding the minimum noticing that had been done for the assessment district, as no individual notices (which could have been paid for from assessment district funds) had been sent to owners, many of whom lived out of the City and do not see the notices in the local weekly newspaper; expressed concern regarding the public packet as there was no page two of the report, no budget included and no signature on a report that was included; said that there was an attempt to justify the increase by identifying needs, and needs could never be fully met; felt that most of the funds were to be spent in the downtown area and did not constitute an equal benefit to the entire City. The public hearing closed at 8:52 P.M. Jim Lissner - 2715 El Oeste Drive, raised a point of order, at 9:10 P.M., to ask Mayor Bowler to stand down from the vote on this item due to owning a business in the downtown area. Mayor Bowler responded that the location of his property did not afford him a greater benefit than other property owners in the City as none of the improvements to be made with the proceeds of the assessment would affect his property directly. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5747, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING THE MAP AND ASSESSMENTS AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996.", which levies an assessment of 54.82 per unit; 2)adopt the Fiscal Year 1995-96 estimated revenue from secured collections for the Landscape and Street Lighting District in the amount of 594,073; and, 3)to direct staff to return to Council with a method to provide Senior Citizen discounts or rebates, and to return with further information on the costs and payment methods of any lighting fixture or standards upgrade for the Beach Drive undergrounding. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz. The meeting recessed at 9:15 P.M. The meeting reconvened at 9:30 P.M. 5.RECONSIDERATION BY CITY COUNCIL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, HEIGHT LIMIT EXCEPTION AND VESTING TENTATIVE PARCEL MAP #24276 TO ALLOW CONSTRUCTION OF A TWO-UNIT CONDO EXCEEDING 30' IN HEIGHT IN AN R-3 ZONE AT 632 MONTEREY BLVD. Memorandum from Community Development Director Sol Blumenfeld dated June 20, 1995. Supplemental anonymous letter in opposition received June 26, 1995. Supplemental letters in approval from Tom Petersen, 1051 Monterey Blvd., and from Tom Corcovelos, 708 First Place, both received June 27, 1995. City Clerk Doerfling reported that proper notices had been given. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Mr. Blumenfeld said that the Council might wish to make a policy decision regarding a definition of the area required for comparison. The public hearing opened at 9:44 P.M. Coming forward to address the Council on this item were: Gerald Compton - project architect, said that the block to the east of the project was R-2 therefore no building was over 30 foot in height and that those buildings would be impacted by his project at the legal 30 foot height limit, so the additional height would not make a difference; said the additional height was needed for the project to add pitched roofs as flat roofs gave a more massive, boxier look to the buildings; showed a diagram of more than 200 buildings, in a 300 foot radius, that showed over 60 buildings that were higher than 30 feet; explained his project and responded to Council questions; Wynn Smith - said that this project would not impact his view but felt that all buildings over 30 foot in height impacted the City; said he was not in favor of developments at this height as he felt that the City should try to maintain a beach town atmosphere; and, John Burt - 1152 Seventh Street, said there were too many high-rises in the City and that people could not see the beach over them. The public hearing closed at 10:10 P.M. Action: To return this item to the Planning Commission at its next meeting of July 18, 1995 for a clarification of the Commission's findings by giving the Council specific information regarding the area used for comparative purpose and the rationale regarding its approval of an exception for the rear unit to exceed 30 feet in height; and to continue this item to the City Council Regular Meeting of July 25, 1995. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Bowler. 6.ADOPTION OF FISCAL YEAR 1995-96 BUDGET. Memoranda from Finance Director Viki Copeland dated June 27, 1995. City Manager Burrell presented the staff report and responded to Council questions. Finance Director Copeland also responded to Council questions. Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, expressed concern regarding the poor quality of the sound system through the portable microphones used at the budget workshop meetings; said television viewers could not hear most of discussion during these meetings. a)Adopt resolution setting the 1995-96 Appropriations Limit. The public hearing opened at 10:33 P.M., as no one came forward to address the Council on this item, the public hearing closed at 10:33 P.M. Action: To approve the staff recommendation to adopt Resolution No. 95-5748, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1995-96.2, noting that the appropriation limit for Fiscal Year 1995-96 is 12,837,178. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. b)Adopt resolution amending master fee resolution to adjust ambulance transportation fee and eliminate non- transport fee. The public hearing opened at 10:35 P.M., as no one came forward to address the Council on this item, the public hearing closed at 10:35 P.M. Fire Chief Bonano responded to Council questions regarding Medically Indigent Adults and the City contract with Medi- Cal. Action: To approve the staff recommendation to adopt Resolution No. 95-5749, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-4522 OF THE CITY OF HERMOSA BEACH RELATING TO SCHEDULE OF FEES FOR FIRE DEPARTMENT AMBULANCE TRANSPORTATION.2, noting that the ambulance transport fee for non-residents will be increased from 162.50 to 460.00; the ambulance transport fee for residents will be increased from 108.00 to 230.00; and, the non-transport fee will be eliminated. And, with the direction to staff, to bring back to Council the information and proper legal procedure to be able to provide service to people who are indigent or are covered by Medicare or Medi-Cal. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. c)Receive public testimony concerning Ordinance amending Chapter 7, Article 1, Section 7-1.3 of the Hermosa Beach Municipal Code relating to schedule of fees for issuing of building permits and building plan review and continue to meeting of July 11, 1995 for further testimony and adoption. The public hearing opened at 10:42 P.M., as no one came forward to address the Council on this item, the public hearing closed at 10:42 P.M. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to continue this item to the Regular Meeting of July 11, 1995. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. d)Receive public testimony concerning resolution to initiate AB939 fee of .50 per month and continue to meeting of July 11, 1995 for further testimony and adoption. The public hearing opened at 10:45 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned the need for a resident paid recycling fee as there was supposed to be a profit to a company for recycling. City Manager Burrell responded that the amount of money recovered from recycling did not cover the entire cost and a residential fee of 1.09 per month was needed. The public hearing closed at 10:46 P.M. Action: To approve the staff recommendation to continue this item to the Regular Meeting of July 11, 1995 Motion Reviczky, second Oakes. The motion carried by a unanimous vote. e)Introduce ordinance to amend the utility user tax ordinance to include interstate, international and cellular telephone communications. The public hearing opened at 10:49 P.M. Coming forward to address the Council on this item was: Sherry Sturges - Manhattan Avenue, questioned how this increase would affect her cellular phone rates and long distance calls. City Manager Burrell responded that the amount would increase by ten cents for each dollar of use. The public hearing closed at 10:51 P.M. Action: To approve the staff recommendation to introduce Ordinance No. 95-1133. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. Action: To waive further reading of Ordinance No. 95-1133, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI. UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX.2, noting that this will include interstate, international and cellular telecommunications which are currently not taxed under the Utility User Tax. Motion Reviczky, second Oakes. AYES:Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES:None f)Adopt resolution adopting the Budget for Fiscal Year 1995-96. The public hearing opened at 10:55 P.M. Coming forward to address the Council on this item were: Barbara Warner - said that the Council spoke of the eight City Employees being laid-off to balance the budget as figures, but they were really talking about homes and lives and families; said that all of the people losing their jobs were the infantry of the City, the ones who manned the counters and responded to citizen requests; asked the Council to realize that there would be very unhappy citizens when there were only two people to handle the jobs that had been done by four and to reconsider and allow one of the two people being laid-off in the Finance-Cashier Department to remain; said she was not asking for herself but for a six-month pregnant woman; and, John Burt - 1152 Seventh Street, said the City needed to lay-off City workers. The public hearing closed at 11:00 P.M. Action: To approve the staff recommendation to adopt Resolution No. 95-5750 , entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1995-96.2 Motion Edgerton, second Benz. The motion carried by a unanimous vote. The meeting recessed at 11:05 P.M. The meeting reconvened at 11:19 P.M. 7.REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT.Memorandum from Community Development Director Sol Blumenfeld dated June 20, 1995 with Resolution for adoption. Community Development Director Blumenfeld presented his report and responded to Council questions. The public hearing opened at 11:21 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 11:21 P.M. Action: To approve the staff recommendation to adopt Resolution No. 95-5751, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE DELINQUENT REFUSE BILLS AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES.2, noting that this special assessment would apply to any delinquent refuse charges which remain on the Community Development Department list ten days after this hearing. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. MUNICIPAL MATTERS (This item was heard at 7:15 P.M.) 8.AGREEMENT FOR SOLID WASTE AND RECYCLING COLLECTION, TRANSPORTATION, PROCESSING AND DISPOSAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC. FOR 2ND 5-YEAR TERM ENDING JUNE 30, 2001. Memorandum from City Manager Stephen Burrell dated June 14, 1995. Supplemental information regarding rates from BFI received June 27, 1995. City Manager Stephen Burrell presented the staff report and responded to Council questions. Mr. Burrell said that there was a potential savings to the City of ten to fifteen thousand dollars due to BFI's agreement to unload the City bins without charge in the new contract. City Attorney Jenkins also responded to Council questions and said that there was no provision in the contract for a rate decrease should the Consumer Price Index (the standard used for any requested rate increase) decrease, but the Council had the ultimate power to approve increases, or not approve increases if the request could not be justified. Public participation opened at 7:35 P.M. Coming forward to address the Council on this item was: Chip Scholz - representing Browning-Ferris Industries (BFI), spoke to many of the changes in the contract which include additional services; said the cost to the residents of 10.09 per month was the lowest in the South Bay; and, said that BFI would indemnify the City against AB939 fines which could be as high as 10,000 per day. Public participation closed at 7:42 P.M. Action: To approve the staff recommendation to: 1)approve the extension of the contract agreement for solid waste and recycling collection, transportation, processing and disposal services between the City of Hermosa Beach and Browning-Ferris Industries of California, Inc. for a second five-year term from July 1, 1996, and ending June 30, 2001, as amended to delete the extension clause on page 3, section 2: Term of Agreement; and, 2)introduce Ordinance No. 95-1132. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95- 1132 , entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE.2 Motion Edgerton, second Mayor Bowler. AYES:Benz, Edgerton, Oakes, Reviczky, Mayor Bowler NOES:None At 7:53 P.M. the order of the agenda was returned to item 4. 9.NOVEMBER 7, 1995, ELECTION RESOLUTIONS. Memorandum from City Clerk Elaine Doerfling dated June 22, 1995. a)CALLING AND GIVING NOTICE OF THE HOLDING OF A REGULAR MUNICIPAL ELECTION OF CERTAIN OFFICERS AND FOR THE SUBMISSION TO THE VOTERS A MEASURE RELATING TO OIL DRILLING. Action: To adopt Resolution No. 95-5752, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A REGULAR MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 1995, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A MEASURE RELATING TO OIL DRILLING." Motion Reviczky, second Benz. The motion carried by a unanimous vote. b)REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995. Action: To adopt Resolution No. 95-5753, 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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. " Motion Benz, second Oakes. The motion carried by a unanimous vote. c)SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. Action: To adopt Resolution No. 95-5754, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE REGULAR MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." Motion Benz, second Edgerton. The motion carried by a unanimous vote. d)PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE. Action: To adopt Resolution No. 95-5755, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995." Motion Edgerton, second Benz. The motion carried by a unanimous vote. e)FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION. Action: To adopt Resolution No. 95-5756, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 7, 1995." Motion Edgerton, second Benz. The motion carried by a unanimous vote. f)PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE. Proposed Action: To adopt the Resolution to provide for a Special Runoff Election in the event of a tie vote. Motion Edgerton. The motion died due to the lack of a second. Action: There was no action taken on this item. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS: EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 22, 1995 City Clerk Doerfling presented the staff report and responded to Council questions. Action: Mayor Bowler directed, with the consensus of the Council, to continue the consideration of interviews of applicants, and/or appointment, or re-appointment, of members of the Planning Commission and the Parks, Recreation and Community Resources Commission to the Regular Meeting of July 25, 1995. Action: To re-appoint Ruth Brand and Barry Warner to the Civil Service Board for four year terms which will expire on July 15, 1999. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Councilmember Benz for consideration of allowing businesses to rent parking spaces in front of their place of business for the purpose of outdoor dining and/or sales during special event days, eliminating the need for street closure. Councilmember Benz spoke to his request. Community Resources Director Rooney responded to Council questions. Action: To bring back as a Municipal Matter the consideration of allowing businesses on lower Pier Avenue to rent street parking spaces in front of their place of business for the purpose of outdoor dining and/or sales during special event days, eliminating the need for street closure. Motion Benz, second Edgerton. The motion carried. b)Request by Councilmember Benz for review of policy relating to noise complaints and the revealing of the names of complainants when asked. Action: At the request of Councilmember Benz, Mayor Bowler directed that this item be continued to the Regular Meeting of July 11, 1995. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, asked the Council to work with BFI to make the collections better; and, Sherry Sturges - Manhattan Avenue, said she liked the idea of business use of the lower Pier Avenue for outdoor dinning but felt the street should be closed as she was concerned with auto fumes and the safety of diners; questioned the use of a vacant lot near "Good Stuff" for a parking structure, felt this should not happen; said she thought there should be more use of shuttle transport to allow people to use satellite parking for the beach; and, thanked the Council, said it was her first attendance at a meeting and she had enjoyed it. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 27, 1995 at the hour of 11:47 P.M. to the Adjourned Regular Meeting of Thursday, June 29, 1995 at the hour of 7:00 P.M. for the purpose of a closed session for the purpose of Conference with City Labor Negotiator Stephen Burrell negotiating with the Hermosa Beach Management Association. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 11, 1995, at the hour of 7:30 P.M. PLEDGE OF ALLEGIANCE -Mary Rooney, Community Resources Director ROLL CALL: Present: Benz, Edgerton, Reviczky, Mayor Bowler Absent: Oakes ANNOUNCEMENTS: Councilmember Benz announced that the World Beach Volleyball Invitational was being held in Hermosa Beach through Sunday, July 16, 1995 and urged the residents to come to the beach to see the best volleyball players in the world participate in Olympic Qualification matches. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Sheila Miller - Hermosa Beach, spoke in opposition to item 9(a), spoke to the history of the park and asked that this be left as a park; Parker Herriott - Hermosa Beach, spoke in opposition to selling the Biltmore Park; Gary Wayland - Vision Hermosa, spoke in support of placing item 9(b) on a future agenda for public discussion; and, Dean Nota - Downtown Business Area Enhancement District Commissioner, questioned if he should speak now or later if a consent calendar item was pulled. (Was told that an item was approved if not pulled and that he could speak to the item if it were pulled.) At 7:39 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (b) WRITTEN COMMUNICATION 1)Letters from Steven Hoel, Homeowner; Mark May, Mayco Construction; and Katherine Weebe, State Farm Insurance requesting a variance to build a 6 ft. fence on property located at 1910 Ardmore. City Manager Burrell responded to Council questions. Action: To direct staff to place this item on a future agenda. Motion Edgerton, second Benz. The motion carried, noting the absence of Oakes. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Reviczky, (f) Reviczky, and (h) Reviczky. Motion Reviczky, second Edgerton. The motion carried, noting the absence of Oakes. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special Meeting held on June 22, 1995; and, 2)Minutes of the Regular Meeting held on June 27, 1995. Action: To approve the minutes of the Special Meeting of June 22, 1995 and the Regular Meeting of June 27, 1995 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3910 THROUGH 3971 INCLUSIVE, NOTING VOIDED CHECK NOS. 3910, 3911, 3912, 3913, 3914, AND 3934. Action: To ratify the check register as presented. (Oakes absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes absent) (d) RECOMMENDATION TO APPROVE POLICY PERMITTING LOWER PIER AVENUE MERCHANTS TO RENT ASSIGNED METER SPACES FOR 15.50 PER METER PER DAY FOR THE PURPOSE OF SELLING FOOD OR GOODS DURING COMMERCIAL EVENTS. Memorandum from Community Resources Director Mary Rooney dated June 28, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Ms. Rooney said that staff suggested that Council agree with the policy for the rental of street parking spaces for dining or sales only if the street were closed for an event. Coming forward to address the council on this item were: Lex Honyak - representing Hennessey's Tavern, requested an outdoor dining area on Pier Avenue during the Olympic Volleyball try-outs this week; said they would provide the required insurance; Jerry Newton - Circle Drive, questioned the proposed policy; questioned the insurance requirements and the cost to individual merchants; Dallas Yost - Pacific Screen Print owner, said that the notice was too short to close the street for this event; felt it was not fair to close the street for the benefit of three merchants; asked that lower Pier Avenue remain open; and, Xavier Flamenco - representing The Lighthouse, said that they would like to participate in an outdoor dining area in conjunction with the street closure for this week-end's event. City Attorney Michael Jenkins responded to Council question and said that a certificate of insurance issued to the business to indemnify the City is required in order for a business to be conducted on City property. Proposed Action: To allow business owners to rent street parking spaces in front of their stores in the same manner as construction space rental. Motion Benz. The motion died due to the lack of a second. (Oakes absent) Proposed Action: To close Pier Avenue from Hermosa Avenue west to the Pierhead to vehicular traffic for this coming week-end and allow the merchants to use the outdoor parking spaces. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. There was no further action on this item. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated July 5, 1995. Action: To approve the staff recommendation to deny the following claims and refer them to the City's Liability Claims Administrator: 1)Claimant: Travelers Insurance Company Date of Loss:1/4/95 Date Filed :6/8/95 Allegation :Alleges that wood chips and material from the Greenbelt flowed into drains thereby clogging them and causing garage at 414 Second Street to flood. 2)Claimant: Glen C. Tull Date of Loss:4/28/95 Date of Claim: 5/1/95 Allegation :Alleges that while backing his truck at the Community Center he struck a protruding pipe at base of retainer causing damage to his vehicle. 3)Claimant: Mark G. Wall Date of Loss:January & subsequent storms Date of Claim: 6/8/95 Allegation :Alleges that the City drain was inadequate to handle rain water; water overflowed drain and curb through wall causing property damage at 441 28th Street. 4)Claimant: Gary Lee Pollard Date of Loss:4/10/95 Date of Claim: 5/4/95 Allegation :Alleges that sewer cleaning caused bathroom commode to overflow causing property damage. (Oakes absent) (f) RECOMMENDATION TO APPROVE THE RETROFIT FINANCING AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE WEST BASIN MUNICIPAL WATER DISTRICT. Memorandum from Public Works Director Amy Amirani dated June 28, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions and said that currently potable water is 603 per acre foot and recycled water is 490 per acre foot with a difference of 113 per acre foot. Ms. Amirani said the City uses approximately 103.5 acre feet of water during the year which gives the 11,700 annual payback figure. Proposed Action: To approve the staff recommendation to approve the retrofit financing agreement between the City and the West Basin Municipal Water District (WBMWD) of an estimated 158,352, plus seven percent accrued interest, that WBMWD would provide for the retrofit of irrigation systems within Hermosa Beach to accommodate the use of recycled water (rather than the current potable water) at Valley Park (7,792), Clark Stadium (16,840); City Hall/Library (10,000); Community Center (3,720); and Greenbelt (120,000), with the understanding that the City would repay that amount over a period of 14 years by paying the difference between the cost of potable water and the recycled water actually used to the WBMWD (approximately 11,700 per year). Motion Benz, second Edgerton. The motion died when the second was withdrawn. (Oakes absent) Action: To continue this item in order to allow Reviczky to tour the Greenbelt with staff and WBMWD to determine if it was properly restored after the installation of the reclaimed water pipeline and to re-negotiate the agreement if appropriate. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. (g) RECOMMENDATION TO ADOPT RESOLUTION IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES AND FRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS, AUTHORIZING THE EXECUTION OF NON-DISCLOSURE AGREEMENTS, AND DESIGNATING MUNICIPAL RESOURCE CONSULTANTS AND THEIR AGENT AS REPRESENTATIVES OF THE CITY. Memorandum from Finance Director Viki Copeland dated July 5, 1995. Action: To adopt Resolution No. 95-5759, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN CONJUNCTION WITH THE PERFORMANCE OF AN AUDIT OF UTILITY USERS TAXES AND FRANCHISE FEES, AUTHORIZING THE ISSUANCE OF SUBPOENAS, AUTHORIZING THE EXECUTION OF NON-DISCLOSURE AGREEMENTS, AND DESIGNATING THE CONSULTANTS AS REPRESENTATIVES OF THE CITY." (Oakes absent) (h) REQUEST FROM THE DOWNTOWN ENHANCEMENT COMMISSION FOR AUTHORIZATION OF A 3,600 CONTRIBUTION FROM THE DOWNTOWN ENHANCEMENT FUND ADVERTISING ACCOUNT TOWARD AN ARCHITECTURAL MODEL OF DOWNTOWN. Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Deborah Torres - Hermosa Beach, said she had acquired a grant of 5,000 to produce this scale model, but needed a matching 3,600 to pay a student project director; said that this model could benefit the project by giving a three dimensional scale that was not available through photos or drawings; said this model would be the downtown version after the renovation and that proposed projects, such as a hotel or parking structure, could be made to scale and "dropped" into the model to give a more accurate view of how the proposal would integrate with existing structures and sight lines. Action: To approve the Downtown Business Area Enhancement District Commission recommendation to authorize the use of 3,600 from the Downtown Business Area Enhancement District Commission Advertising fund as matching funds to the American Association of University Women (AAUW) Educational Foundation grant for the construction of a scale model (one inch equals 40 feet) of the downtown core area, to be completed this summer in a downtown storefront studio by volunteers and a paid student director. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Reviczky and the absence of Oakes. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1133: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 30, TAXATION, ARTICLE VI, UTILITIES TAX, SECTION 30-46, RELATING TO TELEPHONE TAX." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 5, 1995. City Attorney Jenkins said that the Ordinances that included the four percent Utility User Tax would have to be amended when that portion of the UUT was retired. Action: To adopt Ordinance No. 95-1133. Motion Reviczky, second Mayor Bowler. AYES:Edgerton, Reviczky, Mayor Bowler NOES:Benz ABSENT: Oakes 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (f), and (h) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS (This item was heard at 7:39 P.M.) 4.RESOLUTION TO INITIATE AB939 FEE OF .50 PER MONTH. (Continued from meeting of June 27, 1995.) City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:45 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:45 P.M. Action: To adopt Resolution No. 95-5757, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IMPOSING A FEE ON RESIDENTIAL AND COMMERCIAL PREMISES FOR THE COST OF PREPARING, ADOPTING, AND IMPLEMENTING THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT." Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. 5.RESOLUTION AMENDING RESOLUTION NO. 90-4522 AND ORDINANCE AMENDING CHAPTER 7, ARTICLE 1, SECTION 7-1.3 HBMC RELATING TO SCHEDULE OF FEES FOR ISSUING OF BUILDING PERMITS AND BUILDING PLAN REVIEW.(Continued from meeting of June 27, 1995.) Memorandum from Community Development Director Sol Blumenfeld dated July 6, 1995. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:49 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:49 P.M. Action: To adopt Resolution No. 95-5758, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION 90-4522 OF THE CITY OF HERMOSA BEACH RELATING TO THE SCHEDULE OF FEES FOR BUILDING VALUATION, BUILDING PERMITS AND BUILDING PLAN REVIEW FEES.2 Motion Reviczky, second Edgerton. The motion carried, noting the absence of Oakes. Action: To introduce Ordinance No. 95-1134. Motion Reviczky, second Edgerton. The motion carried, noting the absence of Oakes. Final Action: To waive further reading of Ordinance No. 95-1134, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.2 Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes At 7:50 P.M. the order of the agenda was returned to Public Participation (b), Written Communications. MUNICIPAL MATTERS 6.REVIEW OF HEIGHT LIMIT EXCEPTION ORDINANCE. Action: To continue this item to the Regular Meeting of July 25, 1995, in order for it to be heard before a full Council. Motion Benz, second Reviczky. The motion carried, noting the absence of Oakes. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Councilmember Benz for consideration of a ballot measure to sell the Biltmore Park site and use the proceeds for ongoing infrastructure repairs and improvements. Councilmember Benz discussed his request. Proposed Action: To place the sale of the Biltmore Park on the November 7, 1995, Municipal Election as a ballot measure. Motion Benz. The motion died due to the lack of a second. (Oakes absent) There was no further action on this item. b)Request by Councilmember Edgerton to retire 4% UUT upon receipt and use of Prop A funds, and study feasibility of implementing a 2.5% UUT to fund Downtown Revitalization Project in lieu of increasing parking meter rates to 1.00 per hour. Councilmember Edgerton discussed his request. Action: To direct staff to return with a report for a future agenda in order to allow public comment on a proposed two and one half cent Utility User Tax to fund the downtown revitalization after the four percent UUT is retired. Motion Edgerton, second Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. c)Request by Councilmember Edgerton to implement council policy to limit enforcement of parking in residential zones to only certain hours and, in no event, 24 hours. Councilmember Edgerton discussed his request. City Manager Burrell responded to Council questions. Proposed Action: To agendize this item as soon as possible. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. There was no further action taken on this item. d)Request by Councilmember Edgerton for affirmation of prior council policy directing parking enforcement officers to cancel tickets if the driver of the vehicle pays the meter at the time the ticket is being written and before the officer completes the writing of the ticket and places it on the windshield. Councilmember Edgerton discussed his request. Coming forward to address the Council on this item was: Garrison Frost - Coast Drug owner, said that his understanding of the policy was that the ticket was withdrawn by the officer if the car owner returned. Action: Mayor Bowler directed, with the consensus of the Council, that this item be returned for policy review and clarification at the Regular Meeting of July 25, 1995. (Oakes absent) CITIZEN COMMENTS Coming forward to address the Council at this time were: Garrison Frost - Coast Drug owner, spoke of Hermosa Beach's "image" as the parking ticket capital of the world and said that that image needed to be reversed, but raising the parking rates to one dollar an hour would only worsen the image; suggested that a method be devised to raise the first million dollars for the downtown renovation before there was consideration of incurring bonded indebtedness in order to lower the cost of the bond financing; John Burt - 1152 Seventh Street, suggested that the Council wait on the downtown enhancement until there is money to finance the improvements; said the City should sell the Biltmore Park as the City did not need more parks; Pete Tucker - Hermosa Beach, spoke of the Los Angeles County proposal for an assessment district to pay for County Library funding; suggested that the City re-examine the possibility of withdrawing from the County system before January of 1996; said that in viewing the Hermosa School budget it seemed that it could be trimmed through lowering administrative costs; and, Betty Martin - Hermosa Beach, said that the Council should take care in revising parking regulations as there were different areas that required different restrictions; said the 24 hour meters in the preferential parking areas protected the residents with permits by discouraging others from parking at the meters thus allowing the residents a place to park. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 11, 1995 at the hour of 9:35 P.M. to the Regular Meeting of July 25, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 25, 1995, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - John Hales, resident ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None PRESENTATIONS:PRESENTATION OF A DONATION FROM THE SANDPIPERS FOR A DRINKING FOUNTAIN AT THE COMMUNITY CENTER Mayor Bowler thanked The Sandpipers, a non-profit organization, for its generous donation and spoke of the numerous donations of service and money to local groups given by The Sandpipers. Ida Vanderport, on behalf of The Sandpipers, presented a check in the amount of 800 towards the installation of a drinking fountain at the Community Center. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Sherry Sturges - Manhattan Avenue, asked who was responsible for trash removal during special events on the beach as the area was not kept clean; asked questions regarding the Biltmore Park and how long parking would be allowed on the vacant lot near "Good Stuff". (b) WRITTEN COMMUNICATION 1)Letter from Charlotte Malone of the Hermosa Beach Friends of the Library requesting that the City Council actively pursue legislation toward the establishment of our own library tax revenue. Coming forward to address the Council on this item was: Charlotte Malone - 260 31st street, said that the Friends of the Library Board was very concerned about the Los Angeles County budget talks and its large projected deficit; suggested that as insurance, the City start the proceedings in case the Library hours are curtailed or the Library is closed, as the deadline to give notice of withdrawing from the County system is January 1, 1996. Action: Mayor Bowler directed, with the consensus of the Council, staff to place this item on the agenda of the Regular Meeting of August 8, 1995, under Other Matters, and to bring back an outline of the steps and procedures needed to withdraw from the County Free Library system and to retain, for a City Library, the tax revenue now paid by the residents for a County Library. 1.CONSENT CALENDAR City Clerk Doerfling noted that item 1(a)(1), the minutes of the Adjourned Regular Meeting of June 29, 1995, had been clerically corrected to show the absence of Benz and Edgerton and that the Resolution for item 1(m), an exchange of Proposition A funds for general funds with the City of West Hollywood, had been corrected to show the Proposition A funds were from Fiscal Year 1994-95, and not from the current year. Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Reviczky, (j) Benz, (k) Reviczky, and (m) Reviczky. Motion Reviczky, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on June 29, 1995, with a Supplemental correction from the City Clerks office; 2)Minutes of the Adjourned Regular Meeting held on July 11, 1995 at the hour of 6:00 P.M.; and, 3)Minutes of the Regular Meeting held on July 11, 1995 at the hour of 7:00 P.M.. Action: To approve the minutes of the Adjourned Regular Meeting of June 29, 1995 (noting the correction of attendance referred to by the City Clerk), the Adjourned Regular Meeting July 11, 1995 at the hour of 6:00 P.M., and the Regular Meeting of July 11, 1995 at the hour of 7:00 P.M. as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3676, 3749, 3750, 3751, 3752, 3753, 3754, 3755, 3908, 3709, 3972, 3973, 3974, AND 3975. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 1995, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the June, 1995 Financial Reports as presented. (e) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN AND SUBMIT A LETTER OF INTENT TO PARTICIPATE AS A CO-PERMITTEE IN THE NEW NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER PERMIT. Memorandum from Public Works Director Amy Amirani dated July 6, 1995. Action: To authorize City Manager Stephen R. Burrell to sign and submit a letter of intent to participate as a co- permittee in the new National Pollutant Discharge Elimination System (NPDES) storm water permit for Los Angeles County and extension of permit #CA0061654. (f) RECOMMENDATION TO ACCEPT A DONATION OF 800 FROM THE SANDPIPERS TO BE USED TOWARD PURCHASING A DRINKING FOUNTAIN AT THE COMMUNITY CENTER AND APPROPRIATE THE AMOUNT TO THE PUBLIC WORKS BUILDING ACCOUNT #4204. Memorandum from Community Resources Director Mary Rooney dated July 17, 1995. Action: To accept the generous donation of 800 from "The Sandpipers, Inc.", a South Bay non-profit organization, to be used toward the purchase of a drinking fountain for the Community Center and to appropriate the amount to the Public Works Building Account #4204. (g) RECOMMENDATION TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY AND THE LOS ANGELES COUNTY OFFICE OF EDUCATION FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR OR SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated July 17, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the three-year lease agreement between the Los Angeles County Office of Education and the City for the use of Room 16 in the Community Center at a rate of 856 per month (920 sq.ft. X .93 per sq.ft.) from August 1, 1995 through July 31, 1998, for a total rental income of 10,272 per year; and, 2)authorize the Mayor to sign the lease. (h) RECOMMENDATION TO AUTHORIZE THE TEMPORARY INSTALLATION OF AN OFFICE TRAILER FOR "FIRST NIGHT" AT 1215 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Coming forward to address the Council on this item was: Bill Dougherty - President of "Arts Hermosa", sponsoring organization for "First Night", said the space would be used entirely for office uses and there would be no retail sales; said that one parking space only would be displaced. Action: To approve the staff recommendation to authorize the temporary installation of a construction trailer for use by "First Night" on the unpaved portion of the vacant lot at 1215 Manhattan Avenue from July 1995 through January 1996. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION SHEET FROM THE PLANNING COMMISSION MEETING OF JULY 18, 1995. Memorandum from Community Development Director Sol Blumenfeld dated July 19, 1995. Action: To receive and file the action sheet from the Planning Commission meeting of July 18, 1995. (j) REQUEST TO APPROVE SUPPLEMENTAL TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES' UNION, LOCAL 911 ESTABLISHING A PREMIUM FOR COMMUNITY RESOURCES STAFF ASSIGNED TO COORDINATE AND SUPERVISE COMMERCIAL SPECIAL EVENTS. Memorandum from Personnel Director Robert Blackwood dated July 19, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Burrell responded to Council questions and said that the 200 figure represented time and a half pay. Action: To approve the staff recommendation to authorize the City Manager to execute a Supplemental to the Memorandum of Understanding (MOU) between the City of Hermosa Beach and the California Teamsters Public, Professional and Medical Employees' Union, Local 911, Administrative Bargaining Unit, which establishes a 200 per event day premium pay (in lieu of Administrative Time) for Community Resources Department staff assigned to supervision of Commercial Special Events. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE THE EXPENDITURE OF FUNDS (34,862) TO CONSOLIDATE PLANNING, BUILDING AND BUSINESS LICENSE OFFICE FUNCTIONS IN ONE LOCATION UNDER THE COMMUNITY DEVELOPMENT DEPARTMENT.Memorandum from Community Development Director Sol Blumenfeld dated July 17, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting to advise the Council that labor for dry wall and electrical work has been volunteered for portions of this project and to ask how this could be accepted and integrated with the bid process. City Attorney Michael Jenkins said that the bids should be written to exclude the donated labor. City Manager Burrell said that authorization was needed to accept the volunteers and then the bids could be written showing the portions that were to be excluded. Action: To approve the staff recommendation to appropriate 34,862 from the six percent UUT fund for costs to consolidate Planning, Building and Business License functions in one location, on the ground floor, under the Community Development Department. And, with the consensus of the Council, that the volunteer labor was gratefully accepted. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE THE REQUEST FROM BEACH CITIES HEALTH DISTRICT, HERMOSA BEACH CHAMBER OF COMMERCE AND EASY READER TO CLOSE PIER AVENUE AT HERMOSA AVENUE ON JULY 29TH & 30TH FROM 8:00 AM TO 10:00 PM FOR A STREET FESTIVAL. Memorandum from Community Resources Director Mary Rooney dated July 19, 1995. Action: To approve the staff recommendation to approve the request by the co-sponsors of the International Surf Festival (Beach Cities Health District, Hermosa Beach Chamber of Commerce and the Easy Reader) for lower Pier Avenue (from Hermosa Avenue west to the Pierhead) closure from 8:00 A.M. to 10:00 P.M. on Saturday, July 29 and Sunday, July 30, 1995 to allow a street festival during the Surf Festival. (m) RECOMMENDATION TO EXCHANGE PROPOSITION A FUNDS FOR GENERAL FUNDS WITH THE CITY OF WEST HOLLYWOOD. Memorandum from City Manager Stephen Burrell dated July 25, 1995 and with a Resolution for adoption. Supplemental Resolution correcting the Fiscal Year to read 1994-95 from City Clerk's office. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. City Manager Burrell responded to Council questions and explained that the budget had been approved with the 103,700 from the fund exchange showing in the General Fund balance. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5760, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, AUTHORIZING THE EXCHANGE OF 170,000 IN PROPOSITION A TRANSIT FUNDS IN EXCHANGE FOR 103,700 IN GENERAL FUNDS FROM THE CITY OF WEST HOLLYWOOD."; and, 2)authorize the City Manager to sign the Assignment Agreement with the City of West Hollywood to exchange 103,700 of general funds for 170,000 worth of Proposition A Funds, at a rate of .61 to the dollar. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1134: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO PLAN REVIEW FEES AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 17, 1995. Action: To adopt Ordinance No. 95-1134. Motion Edgerton, second Reviczky. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None (b) ORDINANCE NO. 95-1132: "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLES, AMENDING CHAPTER 27A OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 18, 1995. Action: To adopt Ordinance No. 95-1132. Motion Reviczky, second Oakes. AYES:Oakes, Edgerton, Reviczky, Mayor Bowler NOES:Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (j), (k), and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.PUBLIC HEARINGS/HEARINGS a.RECONSIDERATION BY COUNCIL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, HEIGHT LIMIT EXCEPTION AND VESTING TENTATIVE PARCEL MAP #24276 TO ALLOW CONSTRUCTION OF A TWO-UNIT CONDO EXCEEDING 30' IN HEIGHT IN AN R-3 ZONE AT 632 MONTEREY BLVD. (Continued from meeting of June 27, 1995) Memorandum from Community Development Director Sol Blumenfeld dated July 20, 1995. Supplemental letter in opposition from Ron Felsing, 249 27th Street, received July 25, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:49 P.M. Coming forward to address the Council on this item were: Jerry Compton - Project Architect, spoke regarding the project and the need for the height exception; displayed photographs and a diagram showing that greater than 50 percent of the project view was blocked by buildings; said that out of 158 buildings within a 300 foot radius 54 were over 30 feet in height; said that only eleven percent of the project would be over 30 feet in height; Otto Palmer - 632 Monterey; displayed maps and photographs showing other project that had been granted height exceptions and gave statistics regarding those exceptions; and, Lawrence Berlens - Home Owners Association President, expressed concern with the process used to grant exceptions and said that great care should be used in order to avoid a "domino" effect with other parcels requesting exception; said that clarification and exact definitions were needed; submitted information.; The public hearing closed at 8:06 P.M. Proposed Action: To overturn the Planing Commission's action and deny the project. Motion Edgerton. The motion died due to the lack of a second. Action: To uphold the Planning Commission approval of a Conditional Use Permit, Precise Development Plan, Height Limit Exception and Vesting Tentative Parcel Map #24276 to allow construction of a two-unit condominium which exceeds 30 feet in height in an R-3 zone at 632 Monterey Blvd. And, to direct staff to return with a method to correct the height exception Ordinance. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Edgerton. b.BALLOT MEASURE ON PARCEL TAX FOR CROSSING GUARD SERVICES. Memorandum from City Manager Stephen Burrell dated July 18, 1995 and urgency Ordinance for adoption. Supplemental letter from the Hermosa Beach School District Board of Trustees received July 25, 1995. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. The hearing opened at 8:22 P.M. Coming forward to address the Council on this item were: Vicki Garcia - School Board President, presented an overview of the School Board supplemental letter and responded to Council questions; Cathy McCurdy - School Boardmember, said the three month co-payment by the School District would allow time to assess the program to determine if the entire 90,000 was needed; said that there were several civic and school groups, with whom she had spoken, that were in favor of the ballot measure and would be willing to sign for the measure; and, asked Councilmember Benz to vote to allow this matter to be on the ballot; John Burt - 1152 Seventh Street, said that the kids needed protection and suggested that high school student volunteers could be hired; and, Sherry Sturges - Manhattan Avenue, said she was not in favor of increased taxes; feels this is not the City's problem and should be handled by the School District; suggested that the parents volunteer as Crossing Guards. The hearing closed at 8:40 P.M. Action: To approve the staff recommendation to: 1)approve the report setting forth the parcel tax rate to be submitted to the voters as up to 9 per residential equivalent dwelling unit; 2)direct City Manager to prepare a budget amendment to cover 50% of the cost of program estimated to be 47,500 for 1995-96 fiscal year; and, 3)direct City Manager to prepare and initiate a request for proposal to private companies that provide crossing guard services. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz. Further Action: To waive full reading of Ordinance No. 95-1135, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, LEVYING A CROSSING GUARD SERVICES SPECIAL TAX." Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None Final Action: To adopt Ordinance No. 95-1135 as an urgency ordinance (requires a four-fifths vote of the Council). Motion Reviczky, second Oakes. AYES:Oakes, Edgerton, Reviczky, Mayor Bowler NOES:Benz The meeting recessed at 8:53 P.M. The meeting reconvened at 9:07 P.M., noting the absence of Councilmember Benz. At 9:07 P.M. the order of the agenda was suspended to hear items 5, 7, 9, and 11 in that order. MUNICIPAL MATTERS 5.BILTMORE PARK DONATION: JOE & BETTY NOBLE. Memorandum from Community Resources Director Mary Rooney dated July 17, 1995. Supplemental letter from Parker Herriott, 224 24th Street, received July 25, 1995. Councilmember Benz arrived at 9:09 P.M. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:10 P.M. Coming forward to address the Council on this item were: John Hales - 624 Eighth Place, said everyone was grateful for the generous donation by the Noble family, but he was bothered by a major asset of the City named for an individual; suggested that the name be kept as the Biltmore Park but a plaque be installed saying the money had been contributed by the Noble Family for the benefit of the citizens of Hermosa Beach, as was done elsewhere; Sherry Sturges - Manhattan Avenue, said she did not care what the name was, but urged the Council to open the park soon for public use; John Burt - 1152 Seventh Street, said he was against the park being named after someone in Hermosa Beach; said to keep the name as the Biltmore Park until it could be sold; and, Patricia Spiritus - 1510 Strand, felt accepting the donation and naming the park for the donors was a great idea, but questioned what would happen if, in the future, another vote might change the use of the park. (Community Resources Director Rooney clarified that another area, probably within South Park, would then bear the Noble name, as outlined in the contract.) Public participation closed at 9:20 P.M. Action: To approve the staff recommendation to: 1)accept the 90,000 donation to the Parks & Recreation Fund from Hermosa Beach residents Joe and Betty Noble and allocate that amount to the Parks and Recreation Facilities Tax Fund; 2)name the park located on the Biltmore site "Noble Park" with the name depicted on the north and south sides of the park; 3)direct staff to pursue the City's right to identify the site as the former site of the Biltmore Hotel; and, 4)approve the contract outlining the terms of the agreement between the City and the Noble family. Motion Oakes, second Benz. The motion carried, noting the dissenting vote of Edgerton. At 9:25 the order of the agenda was moved to item 7. 6.AWARD OF CONTRACT TO EXECUTIVE SUITES, INC. FOR CUSTODIAL SERVICES FOR A 3-YEAR PERIOD IN THE AMOUNT OF 188,300. Memorandum from Public Works Director Amy Amirani dated July 17, 1995. (This item was heard at 11:59 P.M.) Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 12:01 A.M. Coming forward to address the Council on this item was: Chris Kelley - City employee and Union Steward, said that again the City was laying-off longtime employees; questioned the true cost savings and efficiency of laying-off janitorial staff, who work during the day and can do needed repairs or re-supply, to hire a firm that will come in at night; said this means that higher paid Public Works maintenance workers will have to be called off of other jobs to do repairs, and that supplies will not be delivered until the following day at best; said there could be a problem in the Police Department as we now have a trusted employee, who speaks Spanish and can translate for some of the prisoners, who will be replaced by unverified people, many of whom do not speak English. Public participation closed at 12:03 A.M. Action: To approve the staff recommendation to: 1)Authorize the Mayor to sign contract with Executive Suite Services, Inc. to provide custodial services for the City Hall, Police Station, Jail, General Services Building, Clark Building, and Community Center at a total cost of 188,300 for a two-year, eleven month period to run from August 1, 1995 through June 30, 1998 ; and, 2)Authorize staff to issue a notice to proceed and issue addenda within budget limitations. Motion Benz, second Reviczky. The motion failed due to the dissenting vote of Mayor Bowler and the absence of Edgerton and Oakes. City Attorney Jenkins said that he would research the matter but at this time he would have to say that the motion failed as it was an expenditure of funds and required three votes of the Council to pass. The Council decided, by consensus, to hold the matter over pending the further advice of the City Attorney. (The final disposition of this item is shown at the end of the meeting.) 7.TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM ML MEDIA PARTNERS TO CENTURY CABLE.Memorandum from Assistant City Manager Mary Rooney dated July 17, 1995, with Resolution for adoption. (This item was heard at 9:25 P.M.) Assistant City Manager Rooney presented the staff report and responded to Council questions. Ms. Rooney introduced Scott Field, the attorney retained by the City as a consultant in the transfer negotiations. Mr. Fields presented an overview of the transfer procedure and documents and responded to Council questions. Public participation opened at 10:09 P.M. Coming forward to address the Council on this item were: Sherry Sturges - Manhattan Avenue, questioned if a "bare bones" (basic channels) package would be offered by Century, as MultiVison did not offer one; objected to having to rent a box in order to watch cable television; objected to being charged more and receiving fewer channels; Larry Scudder - representing MultiVision, said that at some time in the future customers will have to have a box as everyone will scramble signals; responded to Council questions; Bill Rosendahl - representing Century, gave his company's presentation; and, Jerry Compton - Hermosa Beach, questioned the effect of Manhattan Beach's denial of the transfer on Hermosa Beach and what other options might be available. Public participation closed at 10:36 P.M. Proposed Action: To deny the transfer. Motion Edgerton. The motion died due to the lack of a second. Action: To approve the staff recommendation to adopt Resolution No. 95-5761, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM M.L. MEDIA PARTNERS, L.P. TO CENTURY VALLEY CABLE CORP.", with the following amendments recommended by the City's legal consultant and agreed to by Mr. Rosendahl of Century Cable: 1)delete the entire last paragraph of Section 2, Part I.(2) beginning with, "Annexed to this Resolution ..."; and, 2)amend Section 2, Part L. by deleting, "In the event that during the term", to then read, "ML Media and/or Century shall not encrypt or scramble any channels presently on the basic service tier of the Hermosa Beach cable television system from the effective date of this Resolution through one year following the closing of the Transfer. In the event that subsequent to such one year period, ... " Motion Benz, second Oakes. The motion carried noting the dissenting vote of Edgerton. At 10:50 P.M. the order of the agenda was moved to item 9. 8.REPORT ON PARKING ENFORCEMENT POLICY. Memorandum from Police Chief Val Straser dated July 17, 1995. (This item was heard at 12:10 A.M.) Police Chief Straser presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)approve and adopt the Parking Enforcement Policy as standard operating procedure for the Community Services Officers and Seasonal Parking Enforcement Officers of the Community Services Division; and 2)direct staff to bring back, on a future agenda, a revised Enforcement Schedule for Council review. Motion Benz, second Reviczky. The motion carried noting the absence of Edgerton and Oakes. 9.CONSIDERATION OF COMBINING THE PLANNING COMMISSION AND THE PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Manager Stephen Burrell dated July 18, 1995. (This item was heard at 10:50 P.M.) Action: To receive and file. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Benz. At 10:59 the order of the agenda was moved to item 11. 10. SOUTH PARK - PHASE II. Memorandum from Public Works Director Amy Amirani dated July 13, 1995. (This item was heard at 12:12 P.M.) Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to: 1)approve the addition of 93,975 in construction costs originally specified as Phase II work to the Advanced Construction contract for South Park; 2)appropriate 85,000 from the Parks and Recreation Tax Fund to the South Park Project; 3)authorize the Public Works Director to make minor changes within the budget; 4)to direct staff to research if removable steel bollards, of the type used at the Third Street Promenade, could be used instead of the chain link gates at the driveways; and, 5)amend the list of Phase II items suggested to be constructed with the 93,975 additional funding to delete the Gazebo (item 12) for 35,000 and use the money for: a)barbecues (item 13)5,250 b)concrete bollards (item 15) 4,500 c)sitting block (item 16)4,000 d)entry signs (item 17)10,000 for a Total of 23,750 Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Edgerton and Oakes. 11. REQUEST FROM ROGER BACON FOR A COST SHARING ARRANGEMENT FOR THE RELOCATION OF AN 8" PUBLIC SEWER LINE - RALPH'S SHOPPING CENTER. Memorandum from City Manager Stephen Burrell dated July 19, 1995. (This item was heard at 10:59 P.M.) Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 11:02 P.M. Coming forward to address the Council was: Roger Bacon - 1100 Pacific Coast Hwy., spoke to his request and displayed information and maps. Public participation closed at 11:25 P.M. Action: To approve City payment, from the sewer fund, for the cost of 130 lineal feet of new eight inch sewer pipe only, at a not-to-exceed amount of 4,500. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Councilmember Oakes left the meeting at 11:29 P.M. The meeting recessed at 11:29 P.M. The meeting reconvened at 11:37 P.M. and the order of the agenda was moved to item 13. 12. REVIEW OF ENCROACHMENT PERMIT APPLICATION FOR 1910 ARDMORE AVENUE.Memorandum from Public Works Director Amy Amirani dated July 18, 1995. (This item was heard at 12:20 P.M.) Action: Mayor Bowler directed, with the consensus of the Council, to continue this item to the Regular Meeting of August 8, 1995 13. BALLOT MEASURE ON CIVIL SERVICE PROVISIONS. Memorandum from City Manager Stephen Burrell dated July 18, 1995. (This item was heard at 11:39 P.M.) City Manager Burrell presented the staff report and responded to Council questions. Action: To approve placing on the ballot the two proposed measures (shown in item 14) regarding the Civil Service Ordinance. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Reviczky and the absence of Oakes. 14. ELECTION RESOLUTIONS. Memorandum from City Clerk Elaine Doerfling dated July 20, 1995. (This item was heard at 11:49 P.M.) City Clerk Doerfling presented the staff report and responded to Council questions, noting that the deadline to submit ballot measure arguments is 6:00 P.M. on Monday, August 7, 1995. Action: To adopt Resolution No. 95-5762, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF THREE CERTAIN MEASURES RELATING TO CROSSING GUARD TAX AND CIVIL SERVICE PROVISIONS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, AS CALLED BY RESOLUTION NO. 95-5752." Motion Edgerton, second Reviczky. The motion carried, noting the absence of Oakes. Further Action: To adopt Resolution No. 95-5763, 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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Motion Edgerton, second Reviczky. The motion carried, noting the absence of Oakes. Further Action: To adopt Resolution No. 95-5764, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING THREE CITY MEASURES TO BE SUBMITTED AT THE REGULAR MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES.", noting that: 1)Councilmember Edgerton will write the argument in favor of the Crossing Guards with all members of the Council invited to sign and the City Attorney to determine if the fifth signer could be from the School Board; and, 2)Mayor Bowler will write the argument in favor of exempting department heads from Civil Service with all members of the Council invited to sign. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Oakes. Final Action: To adopt Resolution No. 95-5765, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR ALL CITY MEASURES SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1995." Motion Edgerton, second Reviczky. The motion carried, noting the absence of Oakes. Councilmember Edgerton left the meeting at 11:59 P.M. and at that time the order of the agenda was returned to item 6. 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.LEAGUE OF CALIFORNIA CITIES - L. A. COUNTY DIVISION - ANNUAL CONFERENCE RESOLUTIONS. City Manager Burrell responded to Council questions, suggesting that Council not support Resolution No. 2. Action: To support Resolution No. 1. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Edgerton and Oakes. Further Action: To support Resolution No. 3. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Edgerton and Oakes. Further Action: To support Resolution No. 4. Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Edgerton and Oakes. Final Action: To support Resolution No. 5. Motion Reviczky, second Mayor Bowler. The motion carried, noting the absence of Edgerton and Oakes. 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS: EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated July 18, 1995. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Mayor Bowler directed, with the consensus of the Council, to schedule the date of August 8, 1995 (prior to the Regular Meeting)at the hour of 6:00 P.M. to interview Commission applicants. (Noting the absence of Edgerton and Oakes.) 17. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Mayor Bowler and Councilmember Benz for consideration of directing staff as follows: 1)Furtherance to the Coastal Commission of our intentions of having a paid only admission to a beach concert the weekend of September 9, 1995; 2)Development of a security plan incorporating an area of the beach; and 3)Agendize the matter to the Downtown Enhancement Commission for purpose of fully integrating the event with Hermosa businesses. Memorandum from Councilmember Benz dated July 19, 1995. Councilmember Benz and Mayor Bowler spoke to their request. Action: To approve the item in concept, for the purpose of investigation/research, and report back at the Regular Meeting of August 8, 1995. Motion Mayor Bowler, second Benz. The motion carried, noting the absence of Edgerton and Oakes. b.Request by Councilmember Benz to direct staff to develop a plan to determine whether or not it would be feasible to add parking in the center of upper Pier Avenue. Action: At the request of Councilmember Benz, this item was continued to the Regular Meeting of August 8,1995. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jerry Compton - Hermosa Beach, questioned why the Coastal Commission needed to approve the beach concert of item 17(a). (City Manager Burrell said it was due to the fact that all seats were to be by paid admission rather than the one quarter usually allowed by the Coastal Commission.) RECONSIDERATION OF ITEM 6, AWARD OF CONTRACT TO EXECUTIVE SUITES, INC. FOR CUSTODIAL SERVICES FOR A 3-YEAR PERIOD IN THE AMOUNT OF 188,300, Mayor Bowler asked City Attorney Jenkins for a final opinion regarding this item. City Attorney Jenkins advised the Council that the expenditure of City funds required an affirmative vote by three members of the Council. Mayor Bowler said he would be willing to reconsider his vote as the contract was due to start prior to the next Regular Meeting when it would probably be passed by a full Council. Action: To reconsider item 6, custodial services contract. Motion Mayor Bowler, second Benz. The motion carried, noting the absence of Edgerton and Benz. Final Action: To approve the staff recommendation to: 1)Authorize the Mayor to sign contract with Executive Suite Services, Inc. to provide custodial services for the City Hall, Police Station, Jail, General Services Building, Clark Building, and Community Center at a total cost of 188,300 for a two-year, eleven month period to run from August 1, 1995 through June 30, 1998 ; and, 2)Authorize staff to issue a notice to proceed and issue addenda within budget limitations. Motion Mayor Bowler, second Benz. The motion carried, noting the absence of Edgerton and Oakes. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, July 26, 1995 at the hour of 12:32 A.M. to the Adjourned Regular Meeting of Tuesday, August 8, 1995 at the hour of 6:00 P.M. for the purpose of interviewing Commission applicant, to be followed by the Regular Meeting at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 8, 1995, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Bill Dougherty, President, Arts Hermosa ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None PRESENTATION: PRESENTATION OF DONATION TO FIRST NIGHT FROM BEACH CITIES HEALTH DISTRICT Aviva Kamin of the Beach Cities Health District said the First Night event is a great service to the community and presented a check to Bill Dougherty of Arts Hermosa for First Night. Mr. Dougherty expressed his appreciation for the donation and noted that all of last year's volunteers and those who would like to volunteer for this years event are invited to a trailer warming event on Friday, August 25, from 5:30 to 7:30 P.M. at their office which is currently a trailer located in the 1300 block of Manhattan Avenue, with entrance from the Palm Drive side. He added that they were looking for volunteers of all kinds, from typists to artists, and said their phone number is 318-3910. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS: No one came forward to address the Council at this time. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Oakes, (f) Benz, (g) Reviczky, and (i) Reviczky. Motion Reviczky, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on July 25, 1995; and, 2)Minutes of the Special Meeting held on July 31, 1995. Action: To approve the minutes of the Regular Meeting of July 25, 1995 and the Special Meeting of July 31, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3988 THROUGH 4158 INCLUSIVE AND NOS. 4161 THROUGH 4239 INCLUSIVE, NOTING VOIDED CHECK NOS. 3988, 3989, 3990, 3991, 3992, 4065, AND NOS. 4161 THROUGH 4167 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE A REPORT ON MEDICARE AND INDIGENT PATIENT AMBULANCE FEES. Memorandum from Fire Chief Pete Bonano dated August 1, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Fire Chief Bonano responded to Council questions. Action: To receive and file the report from the Fire Department regarding fee reimbursement for Medicare and Indigent Patient ambulance transport. Motion Oakes, second Benz. The motion carried by a unanimous vote. (e) RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 1994-95 BUDGET. Memorandum from Finance Director Viki Copeland dated August 1, 1995. Action: To approve the staff recommendation to re- appropriate 29,314 in General Funds and 25,819 in other fund categories that were approved in the 1994-95 Fiscal Year budget, but will be spent in the 1995-96 Fiscal Year. (f) RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON CAPITAL IMPROVEMENT PROJECTS. Memorandum from Public Works Director Amy Amirani dated August 1, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting concerning the status of declaring the Strand north of 24th Street as a bikeway in order to use transportation funds for renovation. Public Works Director Amirani responded to Council questions. Assistant City Manager Mary Rooney also responded to Council questions and said staff would research the record concerning Councils prior direction to staff on the Strand/bikeway issue. Action: To approve the staff recommendation to receive and file the report which gives a synopsis of thirteen C.I.P. projects which are budgeted at 6,568,354 for Fiscal Year 1995-96. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (g) RECOMMENDATION TO APPROVE A REQUEST TO CLOSE PIER AVENUE WEST OF HERMOSA AVENUE FOR STREET FESTIVALS ON AUGUST 26- 27 AND SEPTEMBER 9-10, 1995. Memorandum from Community Development Director Sol Blumenfeld dated August 3, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting concerning the need for a policy requiring reimbursement to the City from participants for lost meter revenues of about 600 and outlining specific guidelines for future street closures. Assistant City Manager Rooney responded to Council questions, noting that a policy addressing those issues would be presented for Council consideration at its second meeting in September (September 26, 1995). Action: To approve the request to close Pier Avenue west of Hermosa Avenue for street festivals on August 26-27 and September 9-10, 1995, as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Further Action: To reconsider the above motion to allow for public comments prior to the vote. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Coming forward to address the Council on this item were: Dallas Yost - Pacific Screenprint, objected to the street closures for volleyball events, saying it created a loss of business to many merchants because it eliminates customer parking; Kathleen Midstokke - objected to the frequency of street closures, said there is no follow-up with surveys of the businesses after street closures to determine any loss or gain to the businesses in sales tax revenues, said since Mayor Bowler is a member of the Bar and Tavern Association, which is an event co-sponsor, he should not vote on the issue due to an actual, or the appearance of a, conflict of interest; and Carol Duff - Chamber of Commerce executive director, said the Chamber was not the driving force but simply responded to a request of the Downtown Enhancement Commission following its August 2 meeting to be a co-sponsor of the street closures, that the Commissions request was based on the requests of businesses on lower Pier Avenue, said the Chambers primary involvement in this event would be to supply the required liability insurance. City Attorney Jenkins said he saw no actual conflict of interest for Mayor Bowler under the Political Reform Act. Final Action: To approve, as recommended by staff, the request of co-sponsors Chamber of Commerce, Bar and Tavern Association and Downtown Business Area Enhancement District Advisory Commission to close lower Pier Avenue from Hermosa Avenue west to the Pier head for street festivals on: 1)August 26 & 27, 1995 from 8:00 A.M. to 10:00 P.M. in conjunction with the AVP World Championship Volleyball week-end; and, 2)September 9 & 10, 1995 in conjunction with the Roller Hockey on the Beach week-end; with the understanding that a policy concerning future street closures will be brought back before Council in September. Motion Reviczky, second Oakes. The motion carried, noting the abstention of Mayor Bowler due to the possible appearance of a potential conflict of interest. (h) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #24276 FOR A 2-UNIT CONDOMINIUM PROJECT, AND APPROVING A HEIGHT LIMIT EXCEPTION PURSUANT TO SECTION 601 OF THE ZONING CODE TO ALLOW A BUILDING TO EXCEED 30- FEET IN HEIGHT, AT 632 MONTEREY BLVD.Memorandum from Community Development Director Sol Blumenfeld dated August 3, 1995. Action: To adopt Resolution No. 95-5766, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE PARCEL MAP #24276 FOR A 2- UNIT CONDOMINIUM PROJECT, AND APPROVING A HEIGHT EXCEPTION PURSUANT TO SECTION 601 OF THE ZONING CODE TO ALLOW A BUILDING TO EXCEED 30 FEET IN HEIGHT, AT 632 MONTEREY BOULEVARD AND LEGALLY DESCRIBED AS LOT 6, TRACT NO. 1072.". (i) RECOMMENDATION TO APPROVE THE ALLOCATION OF PROPOSITION A FUNDS (3,900) FOR THE USE OF WAVE VEHICLES AS SHUTTLES DURING THE FIESTA DE LAS ARTES.Memorandum from Community Development Director Sol Blumenfeld dated August 1, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting concerning the City continuing, as it has for the past four years, to subsidize nearly 4,000 to the Chamber for this event, given the current budget problems and the Citys planned use for Proposition A funds on capital improvement projects in this and future budgets. Community Development Director Blumenfeld responded to Council questions. Assistant City Manager Rooney also responded to Council questions. (At 7:35 p.m., the City Council revisited Item 1(g) to allow for public comments. At 7:50 p.m., Council returned to this item). Coming forward to address the Council on this item were: Carol Duff - Chamber of Commerce executive director, said the use of WAVE vehicles augments the system the Chamber already has in place, which costs about 8,000 per Fiesta, said the use of WAVE vehicles helps eliminate additional traffic congestion that would otherwise occur, said the handicapped appreciate having use of the WAVE vehicles; and Kathleen Midstokke - resident, pointed out that the promoters of the recent beach concert paid for all shuttle services to and from the event, said the policy for this event should be no different than the policy established for other events in the city. Action: To deny the request of the Chamber of Commerce for the Citys allocation of Proposition A funds (3,900) for the use of WAVE vehicles as shuttles during the Fiesta de las Artes. Motion Reviczky, second Benz. The motion carried, noting the dissenting votes of Edgerton and Mayor Bowler. (j) RECOMMENDATION TO APPROVE TRANSFER OF BUSINESS LICENSE FUNCTIONS TO THE FINANCE DEPARTMENT IN MODIFIED FORM. Memorandum from City Manager Stephen Burrell dated August 3, 1995. Action: To approve the staff recommendation to transfer the direct business license issuance and renewal and revenue collection functions of Business Licenses to the Finance Department, with inspection and reporting to remain with the Community Development Department. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(d), (f), (g), and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.REVIEW OF ENCROACHMENT PERMIT APPLICATION FOR 1910 ARDMORE AVENUE. (Continued from meeting of July 25, 1995)Memorandum from Public Works Director Amy Amirani dated July 18, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 8:13 P.M. Coming forward to address the Council on this item was: Steven Hoel - property owner, discussed his request for a six-foot fence in the right-of-way and said the retaining wall, which is the foundation for the fence, was built in the location shown on his approved building plans. Public participation closed at 8:16 P.M. Director Amirani confirmed that the building plans show a wall in that location and that it was apparently approved in error by the City. Action: To approve the requested encroachment permit for 1910 Ardmore Avenue. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. The meeting recessed at 8:20 P.M. The meeting reconvened at 8:35 P.M. 5.REVIEW OF HEIGHT LIMIT EXCEPTION ORDINANCE. (Continued from meeting of July 11, 1995)Memorandum from Community Development Director Sol Blumenfeld dated August 2, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to set the matter for a public hearing before the Planning Commission and to include direction to the Commission to: d)modify finding no. 2 of the Ordinance to require that an exception be granted only where the development is located between, and adjacent to, two or more contiguous lots built in excess of the 30 foot height limit. Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote of Mayor Bowler. After moving to item 6, the Council agreed to reopen item 5 at 8:58 P.M. to take the following action. Final Action: To require that an applicant requesting a height exception provide a qualified licensed surveyor to "shoot" elevations of the subject property and of adjacent properties as part of the approval process. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. 6.REPORT ON "ECONOMIC SUMMIT" MEETING. Memorandum from City Manager Stephen Burrell dated August 2, 1995. Assistant City Manager Rooney presented the staff report and responded to Council questions. (At 8:58 P.M., the City Council revisited Item 5 to take additional action. At 9:00 P.M., Council returned to this item. Action: To approve the staff recommendation to: 1)approve an Economic Summit meeting on a date to be negotiated by City Manager Burrell, preferably on a Saturday; include the full Council; include two members from the Planning Commission and two members from the Parks, Recreation and Community Resources Advisory Commission; and, authorize the Mayor to execute an agreement with Hyett Palma; 2)accept contribution from Vision Hermosa in the amount of 2,500; and, 3)approve expenditure of up to 1,500 from various travel/training accounts to cover associated expenses. Motion Oakes, second Reviczky. The motion carried by a unanimous vote 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.Vacancies Boards and Commissions Expiration of Terms Memorandum from City Clerk Elaine Doerfling dated August 1, 1995. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To direct the City Clerk to re-advertise for Parks, Recreation and Community Resources Advisory Commission applicants, with interviews and appointments to be done in September. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Further Action: To appoint Peter Tucker to a four-year term on the Planning Commission to end June 30, 1999. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Proposed Action: To appoint Robert Marks to a four-year term on the Planning Commission. Motion Edgerton, second Oakes. The motion failed due to the dissenting votes of Benz, Reviczky and Mayor Bowler. Final Action: To appoint Sam Perrotti to a four-year term on the Planning Commission to end June 30, 1999. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Proposed Action: To terminate the appointment of current Planning Commissioner Joseph Di Monda and to appoint from among the applicants interviewed this evening to fill Mr. Di Monda's unexpired term, which is scheduled to expire June 30, 1996. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Bowler. Mayor Bowler expressed the Council's appreciation for the fine work done by Mr. Marks during his tenure on the Planning Commission. 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Benz to direct staff to develop a plan to determine whether or not it would be feasible to add parking in the center of upper Pier Avenue. (Continued from meeting of 7/25/95) Councilmember Benz spoke to his request. Proposed Action: To direct staff to study the feasibility of adding parking in the center of upper Pier Avenue as well as enlarging the sidewalks in the area. Motion Benz, second Oakes. The motion failed due to the dissenting votes of Edgerton, Reviczky and Mayor Bowler. There was no further action taken on this item. CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 8, 1995 at the hour of 9:45 P.M. to the Regular Meeting of Tuesday, September 12, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 12, 1995, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Robert Marks ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None PRESENTATION: PRESENTATION OF PLAQUE TO ROBERT MARKS, PLANNING COMMISSIONER Mayor Bowler presented a Plaque of Appreciation to retiring Planning Commissioner, Robert Marks, and thanked him on behalf of the Council and a grateful citizenry for his five years of service. ANNOUNCEMENTS: Hermosa Beach Womens Club President, Jean Lombardo, invited everyone to the "4th Annual Flap Jack Fest" to be held Sunday, October 29, 1995 at the Clark Building (861 Valley Drive) from 9:00 A.M. to 1:00 P.M. at a cost of 5 for adults and 3 for children, with the proceeds to benefit "Project Touch". Ms. Lombardo also provided gift towels to the Council and staff and asked that they participate in the flap jack fest. Arts Hermosa President, Bill Dougherty, presented Mayor Bowler, Councilmember Edgerton and Councilmember Reviczky with lapel pins for their participation in sitting on the "dunk tank" at the recent Fiesta de las Artes and announced that 1,700 had been received that would go toward "First Night - 1996". Mr. Dougherty announced a special fund raising party to be held this coming Saturday, September 16, 1995, from 6:00 P.M. to 9:00 P.M., and said that the cost would be 25 per person and more information could be obtained by calling 318- 3910. Councilmember Benz said he had been out of town over the Fiesta and made a contribution of 100 to make up for his absence on the dunk tank. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Charlotte Malone - Friends of the Library, spoke of concerns that the hours of operation for the Hermosa Beach Library would be curtailed again due to County budget cuts and thanked the Council in advance for its consideration of the Library at its meeting of October 10, 1995; and, announced the fund-raising quarterly book sale to be held this Saturday, September 16, 1995, from 9:30 A.M. until 12:30 P.M., and invited everyone to come and buy books as the proceeds would go toward purchase of computers for the Library. Tim Ferguson - Friends of the Library, said that the Friends of the Library had no gift to give to Councilmembers but reminded them that the greatest gift is the gift of knowledge and announced a "Wine Tasting Extravaganza" on Sunday, October 1, 1995, from 2:00 P.M. until 5:00 P.M., at the Kiwanis Building, 2515 Valley Drive, and invited every adult to attend at 25 per person, proceeds to the purchase of computers for the Library; Jens Barryman - Pacific Screen Print, said that in 1989 he fell in front of the Pier Avenue business and that Paramedic Transport to the hospital had cost 65; said recently he had needed Paramedic transport and it had cost 460; questioned the justification for the 700 percent increase; Shirley Cassell - Hermosa Beach, suggested that Hermosa Beach consider the Paramedic transport payment system used in Fullerton, in which a household may voluntarily pay 35 at the start of each year and have no additional charge if Paramedic transport is needed throughout the year (non-payment results in normal Paramedic transport charges); Corey Glade - (affiliation unknown) brought a large box of wood and debris that had been collected after the most recent event and said that promotions must be made to clean-up after themselves as these items were a hazard on the beach; Dallas Yost - Pacific Screen Print, said that the street closure in conjunction with the last week-end event had been a disaster and downtown merchants had agreed that they had lost money; said that for nine of the last 17 days there had been no place for people to park in the downtown area; and, Jerry Newton - 53 Pier Avenue, said the City put notices in all of the stores in the downtown area a week ahead of the street closure; cited a lack of coordination between the event and the street closure and said the event crowd was much smaller than anticipated. At 7:47 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (b) WRITTEN COMMUNICATION 1)Letter from Lawrence Fordiani dated September 5, 1995 regarding fees for commercial encroachment licenses. Action: To receive and file. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Benz, (g) Edgerton, (h) Mayor Bowler, and (i) Edgerton. Motion Reviczky, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on August 8, 1995; and, 2)Minutes of the Regular Meeting held on August 8, 1995. 3)Minutes of the Special Meeting held on August 20, 1995. Action: To approve the minutes of the Adjourned Regular Meeting of August 8, 1995; the Regular Meeting of August 8, 1995; and, the Special Meeting of August 20, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 3976 THROUGH 3987 INCLUSIVE; NOS. 4159 AND 4160; AND NOS. 4254 THROUGH 4359 INCLUSIVE, NOTING VOIDED CHECK NUMBERS 4254, 4255, 4256, 4257, 4258, AND 4296,. AND TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the July, 1995 Financial Reports as presented. (e) RECOMMENDATION TO APPROVE THE APPROPRIATION OF 6,847 FOR THE IMPLEMENTATION OF THE EMERGENCY OPERATIONS CENTER. Memorandum from Fire Chief Pete Bonano dated August 15, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding emergency seawater pump availability and volunteer programs. Fire Chief Bonano presented the staff report and responded to Council questions. Action: To approve the staff recommendation to approve the appropriation of 6,847 from the disaster preparedness fund for the implementation of the Emergency Operations Center (EOC),as mandated by SB 1841, to be located in Room 8 of the Community Center, with the direction to staff to review Councilmember Benz' concerns and prioritize. Motion Benz, second Reviczky. The motion carried by a unanimous vote. (f) RECOMMENDATION FOR RENEWAL OF LEASE AGREEMENTS BETWEEN THE CITY OF HERMOSA BEACH AND THE ASSOCIATION FOR RETARDED CITIZENS, EASTER SEALS SOCIETY, AND THE SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 31, 1995. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Association for Retarded Citizens - Southwest and the City of Hermosa Beach for the use of Rooms 1, 2, and 15 in the Community Center at a rate of 2,195 per month (2,360 sq.ft. X .93 per sq.ft.) from October 1, 1995 through June 30, 1996, and at a per month rate according to the policy in effect at that time from July 1, 1996 through September 30, 1996; and, 2)authorize the Mayor to sign the lease. Further Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Easter Seal Society and the City of Hermosa Beach for the use of Room 14 in the Community Center at a rate of 856 per month (920 sq.ft. X .93 per sq.ft.) from October 1, 1995 through June 30, 1996, and at a per month rate according to the policy in effect at that time from July 1, 1996 through September 30, 1996; and, 2)authorize the Mayor to sign the lease. Final Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Center for Counseling and the City of Hermosa Beach for the use of Room 9 in the Community Center at a rate of 390 per month (419 sq.ft. X .93 per sq.ft.) from October 1, 1995 through June 30, 1996, and at a per month rate according to the policy in effect at that time from July 1, 1996 through September 30, 1996; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE FINAL MAP #24208 FOR A 2-UNIT CONDOMINIUM AT 132 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated August 30, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5769, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24208 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 132 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA."; and, 2)direct the City Clerk to endorse the certificate for the map. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE RENEWAL OF THE SCHOOL FIELDS USAGE AND MAINTENANCE AGREEMENT WITH THE HERMOSA BEACH CITY SCHOOL DISTRICT. Memorandum from City Manager Stephen Burrell dated September 7, 1995. This item was removed from the consent calendar by Mayor Bowler for separate discussion later in the meeting in order to remind the Hermosa Beach School District of the City's cooperation with the District. Action: To approve the staff recommendation to: 1)approve the renewal of the School Fields Useage and Maintenance Agreement with the Hermosa Beach School District for Fiscal Year 1995-96 at a cost of 6,000; and, 2)authorize the Mayor to sign the agreement on behalf of the City. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Councilmember Benz. (i) RECOMMENDATION TO APPROVE A REQUEST FROM CE SPORTS TO FILM THE "ESPN SPORTS AWARD SHOW" ON SATURDAY, SEPTEMBER 23, 1995 ON THE BEACH AND AUTHORIZE THE MAYOR TO SIGN THE SPECIAL EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated September 5, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions and introduced James Lietz of CE Sports. Coming forward to address the Council on this item was: James Lietz - CE Sports, said this was a made for TV show that would be shot live on the beach, in which ESPN would honor eleven beach sports; said that he would promise the beach would be left clean after this event. Action: To approve the staff recommendation to: 1)approve the request from CE Sports to film the "ESPN Sports Award Show" on the beach, north of the Pier, on Saturday, September 23, 1995 (including three set-up days for construction of bleachers and visual props) with the payment of 5,269.75 in various event fees; and, 2)authorize the Mayor to sign the special event contract. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (g), (h), and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 8:06 P.M. the order of the agenda went to item 5. PUBLIC HEARINGS 4.CONGESTION MANAGEMENT PROGRAM (CMP). Memorandum and resolution for adoption from Community Development Director Sol Blumenfeld dated September 5, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:49 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:49 P.M. Action: To adopt Resolution No. 95-5767, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." Motion Reviczky, second Oakes. The motion carried by a unanimous vote. At 7:50 P.M. the order of the agenda was returned to item b(1) under Written Communications. MUNICIPAL MATTERS 5.PROPOSED DOWNTOWN BANNER PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated September 6, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions and said that the cost in El Segundo was 300 for a pair of banners. Public participation opened at 8:15 P.M. As no one came forward to address the Council, public participation closed at 8:15 P.M. Action: To approve the recommendation of the Downtown Business Area Enhancement District Advisory Commission that the City Council adopt a policy allowing paid sponsor (merchant) identification on 20 percent of street pole banners in the downtown area. And, with the direction to staff to return with an Ordinance to change the City Code in order to allow advertising on public property. Motion Benz, second Oakes. The motion carried by a unanimous vote. 6.REVIEW OF ANIMAL NOISE DISTURBANCE ORDINANCE. Memorandum from Police Chief Val Straser dated August 28, 1995. Sergeant John Kearin presented the staff report and responded to Council questions. Action: To direct staff to: 1)return with an Ordinance to amend the Animal Noise Ordinance of the Municipal Code; and, 2)approve in concept the proposed procedure for the enforcement of animal noises, which imposes increasing fines for each violation occurring within a 12 month period and return it to Council in final form when the Ordinance returns. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting votes of Benz and Oakes. 7.REPORT ON PROPOSALS RECEIVED FROM PRIVATE COMPANIES TO PROVIDE CROSSING GUARD SERVICES. Memorandum from Police Chief Val Straser dated September 5, 1995. Sergeant John Kearin presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)approve the contract with All City Management Services, Inc. to provide crossing guard services at a cost of 78,536 for ten guards (a two guard decrease from the twelve guards employed the previous year); 2)authorize the Mayor to sign the contract; and, 3)direct staff to ensure that All City Management Services meets once a month with the School District and forward any complaints received to the City. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. The meeting recessed at 8:37 P.M. The meeting reconvened at 8:57 P.M. 8.ECONOMIC SUMMIT REPORT. Memorandum from City Manager Stephen Burrell dated September 7, 1995. Supplemental Downtown Business Area Enhancement District Advisory Commission minutes of September 6, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:27 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that Hermosa Beach was a small City and did not need as many committees as larger cities needed; questioned why the City should fund a private board; asked the Council to stop and think before spending 50,000 a year at the same time it was laying- off staff because of budget constraints; Jerry Newton - Downtown Business Area Enhancement District Advisory Commissioner, spoke of the history of R/UDAT and of the Downtown Business Area Enhancement District Advisory Commission; questioned if a 15 member board was needed and what it would do; questioned the need to hire a consultant; Ron Pizer - Downtown Business Area Enhancement District Advisory Commissioner, submitted information and read from the submitted copy; said that HyettPalma was not sensitive to the economic reality of Hermosa Beach; said the Downtown Business Area Enhancement District Advisory Commission should include all Hermosa businesses; Jim Dewey - Downtown Business Area Enhancement District Advisory Commission Chairperson, said the City should not consider spending 7,500,000 without a marketing plan in place; said that the Downtown Business Area Enhancement District Advisory Commission good at evaluating the Capitol Improvement projects but failed at promotion as it was not pro- active and had to wait for someone to come before it; said that he had visited a city which had undergone this type of revitalization under HyettPalma: Plymouth, Michigan, a city of 9,500 people in 1.6 square miles with 110 businesses in its downtown area, that served as a model for the things that could be done; said that Hermosa needed a "whip" to keep the business base during the construction phase as there could be a loss of up to 40 percent of the retail trade, but Plymouth had kept its loss to only eight percent; Patricia Spiritus - Downtown Business Area Enhancement District Advisory Commissioner, spoke of changes in the downtown area; said that when her business had opened a few years ago that it had been the first new business in the area in eight years; said the downtown was not the only business area in the City to need help, that Pacific Coast Highway and Aviation both needed revitalization; said that the biggest problem the Downtown Business Area Enhancement District Advisory Commission had in talking to prospective business people was the condition of the Pier and urged the City to make more progress on the proposed Pier renovation; Dean Nota - Downtown Business Area Enhancement District Advisory Commissioner, said that the report presented by HyettPalma contained conventional wisdom and glossed over the funding needed for a consultant and another board as 100,000 per year might not be enough; said the Downtown Business Area Enhancement District Advisory Commission works for now and should be kept; and, Gary Wayland - Vision Hermosa, said the Chamber of Commerce had provided the seed money for Vision Hermosa to achieve its non-profit status, but the criteria for Vision Hermosa was that it be, and remain, independent of both the Chamber and the City; said that the private sector has contributed, the City has not; said that only an independent entity could make the revitalization happen and it needed a strong CEO; said the Hermosa downtown was larger than the Santa Monica Promenade and had the potential of being a more exciting development and achieving higher commercial values. Public participation closed at 9:54 P.M. Action: To approve the staff recommendation to: 1)accept the report and the recommendations from HyettPalma; 2)direct staff to work with Vision Hermosa on setting up the new expanded Board; and 3)acknowledge a funding program where the private sector and the City split the cost of the operation, with the understanding that this item would return and address the questions of how this board would be funded, how the City would fund its portion, how and when the board would be enacted and what would happen to the Downtown Business Area Enhancement District Advisory Commission. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting votes of Benz and Edgerton. 9.REPORT ON RETIRING 4% UUT BOND ISSUE. Memorandum from City Manager Stephen Burrell dated September 7, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:29 P.M. As no one come forward to address the Council on this item, public participation closed at 10:29 P.M. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5768, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT IN CONNECTION WITH THE ADVANCE REFUNDING AND DEFEASANCE OF CERTIFICATES OF PARTICIPATION."; 2)approve the retention of Seattle First National Bank as trustee and Kelling, Northcross & Nobriga, Inc. as financial advisors; 3)authorize the City Manager to sign a letter of agreement with a CPA firm to provide services as specified in the Escrow Agreement; and, 4)appropriate the funds necessary for the defeasance of the bonds. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 10:30 P.M. The meeting reconvened at 10:45 P.M. 10. FUNDING PROGRAM FOR STREET IMPROVEMENTS THROUGHOUT THE CITY, INCLUDING DOWNTOWN, USING 2.5% UTILITY USER TAX. Memorandum from City Manager Stephen Burrell dated September 7, 1995. City Manager Burrell presented the staff report and responded to Council questions and said that there was approximately 130,000 in Prop A funds after payment for the Wave and other small programs. City Attorney Michael Jenkins responded to Council questions and advised the Council that a special purpose fund would require a ballot measure and a two/thirds affirmative vote to be created, therefore, for a tax to be imposed without a vote of the people it would have to be a general tax that would go into the General Fund. Mr. Jenkins continued by saying that a street maintenance program could be established and funded in the same amount that was received by the two percent Utility User Tax increase. Public participation opened at 11:10 P.M. As no one came forward to address the Council on this item, public participation closed at 11:10 P.M. Action: To direct staff to set up the appropriate process so that the imposition of a new two percent Utility User Tax, for general purposes, can be formally considered by the City Council. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.SELECTION OF VOTING DELEGATE & ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated September 5, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To designate Mayor Bowler as the voting delegate and Councilmember Reviczky as the alternate for the League of California Cities Annual Conference from October 22 through October 24, 1995, in San Francisco. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. b.VACANCIES - BOARDS AND COMMISSIONS: EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated September 7, 1995. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To schedule a meeting on September 26, 1995, at the hour of 6:00 P.M. for the purpose of interviewing applicants for the Parks, Recreation and Community Resources Advisory Commission, but to carry the selection of Commissioners to the Downtown Business Area Enhancement Advisory Commission to the meeting of October 24, 1995. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Mayor Bowler to appoint a City Council committee to develop an invitation for the Olympic Beach Volleyball Trials in June 1996 and to waive certain fees associated with such an event. Memorandum from Mayor Bowler dated September 7, 1995. Mayor Bowler spoke to his request saying that this would be a great honor for Hermosa Beach and it had a chance due to its location and beaches, but there was competition from many cities offering money, therefore he felt that Hermosa would have to waive its fees. Community Resources Director Rooney responded to Council questions. Action: To appoint Mayor Bowler and Councilmember Reviczky to the sub-committee. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. b)Request by Councilmember Reviczky to direct staff to review the function, charter and responsibilities of the Board of Appeals and return with a report at the October 10, 1995 City Council meeting. Councilmember Reviczky spoke to his request and said that his concern was that the Board routinely waived the requirement that major remodels include undergrounding of utilities. Action: To direct staff to return with an overview of the function, charter and responsibilities of the Board of Appeals in a report for the Regular Meeting of October 10, 1995. Motion Reviczky, second Mayor Bowler. The motion carried by a unanimous vote. c)Request by Councilmember Edgerton to review the resolution from the City of Carson opposing the Rental Assistance initiative appearing on the March 1996 ballot. Resolution from the City of Carson regarding this topic dated August 9, 1995. Supplemental information from the City of Carson received September 12, 1995. Councilmember Edgerton spoke to his request citing the two mobilhome parks in Hermosa Beach. Action: To direct staff to analyze these documents and return within two months with the proper procedure to oppose this State ballot measure. Motion Edgerton, second Mayor Bowler. The motion carried by a unanimous vote. d.Request by Councilmember Benz to direct staff to study the placement of metered parking in the center of upper Pier Avenue. Councilmember Benz spoke to his request and said that there was the potential for 110 new parking spaces and a six foot increase in sidewalk width. Action: To direct staff to analyze this suggestion and return to Council with its suggestions and the proper procedure to accomplish center parking. Motion Benz, second Reviczky. The motion carried by a unanimous vote. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION: 1)matters of Conference with Labor Negotiator pursuant to Government Code Section 54957.6:, City Manager Stephen R. Burrell, negotiating for the City with employee group: Hermosa Beach Management Association; and, City Attorney Jenkins advised the Council that there was an additional matter for the closed session that had arisen after the agenda was posted that would require a motion with a four/fifths vote to approve in order to be heard. Action: To approve the addition to the agenda of the closed session a matter of Conference with Legal Counsel pursuant to Government Code Section 54956.9(c): regarding one case of initiation of litigation, due to the matter having arisen after the agenda was posted. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. At the hour of 11:40 P.M. the Regular Meeting adjourned to the closed session. At the hour of 12:14 A.M. the closed session adjourned to the Regular Meeting. PUBLIC DISCLOSURE ANNOUNCEMENTS - No decisions were made requiring public disclosure. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, September 13, 1995 at the hour of 12:15 A.M. to the Adjourned Regular Meeting of Tuesday, September 26, 1995 at the hour of 6:00 P.M. for the purpose of interviews of Park, Recreation and Community Resources Commission applicants. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 26, 1995, at the hour of 7: P.M. PLEDGE OF ALLEGIANCE - Raul Saldana, Hermosa Beach Police ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None PRESENTATIONS: "EMPLOYEE OF THE QUARTER" DETECTIVE RAUL SALDANA HERMOSA BEACH POLICE DEPARTMENT Mayor Bowler presented the plaque, and said that Detective Raul Saldana was being honored with the Employee of the Quarter award for his outstanding work in difficult cases, during which he demonstrated the skills and experience of a good investigator and was regarded as a dedicated and highly skilled officer by members of his department. PROCLAMATIONS: RIDESHARE WEEK OCTOBER 2 - 6, 1995 Mayor Bowler read the Proclamation to recognize the importance of the rideshare program and asked that all commuters pledge not to drive alone on one day of the Rideshare Week of October 2 - 6, 1995. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Corey Glave - spoke regarding debris left on the beach after an event; said the concern was that the City was not responsive to complaints; said that to ensure clean-up the City must: 1) enforce the contract with the event organizers in regard to clean-up, and 2) have Community Resources staff do a beach check after each event. (b) WRITTEN COMMUNICATION: 1.Letters from Corey Glave dated August 8, 1995 and September 15, 1995 regarding the condition of the beach following the FIVB Volleyball Tournament. Action: To receive and file. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Edgerton and (g) Benz. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on August 29, 1995; and, 2)Minutes of the Regular meeting held on September 12, 1995. Action: To approve the minutes of the Special Meeting of August 29, 1995, and the Regular Meeting of September 12, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 4240 THROUGH 4253 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the August, 1995, investment report, noting that the August revenue and expenditure report and City Treasurers report will be submitted at the Regular Meeting of October 10, 1995. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated September 12, 1995. Action: To approve the staff recommendation to deny the following claim and refer to the Citys Liability Claims Administrator: 1)Claimant: Valerie Brunotts Date of Loss: 07/09/95 Date of Claim:09/12/95 Allegation :Alleges unsafe conditions on bike path, 2500 Block of Hermosa Avenue (raised lip along driveway) caused claimant to fall from bicycle. (f) RECOMMENDATION TO APPROVE THE STREET CLOSURE REQUEST FROM ARTS HERMOSA FOR DECEMBER 31, 1995 - JANUARY 1, 1996 FOR FIRSTNIGHT, APPROVE FUNDING REQUEST FOR 5,000 OF DEC FUNDS, AND APPROVE FEE WAIVERS WHERE THERE IS NO ASSOCIATED DIRECT COST TO THE CITY. Memorandum from Community Resources Director Mary Rooney dated September 26, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to remind the citizens that there will be a FirstNIGHT 96 celebration this New Year's Eve and to introduce Dragana Bajalovic. Coming forward to address the Council on this item was: Dragana Bajalovic - FirstNIGHT 96 Director, thanked Mayor Bowler for his help and encouragement in making FirstNIGHT 95 such a success; thanked all participants and volunteers and said that this year would be even more spectacular than last year and needed many volunteers to make it truly successful; said they were planning to have a 40 foot Sea Serpent and were holding workshops to construct the creature, the next workshop would be held on Sunday, October 8, 1995 from 1:00 P.M. until 5 P.M., at the Clark Building on Valley Drive, and everyone was invited to join in; said the buttons for this years event would be available soon at a cost of 8.00 per person and that more information could be obtained by calling 318-3910. Action: To approve the Downtown Business Area Enhancement District Advisory Commission (DEC) and staff recommendations to: 1)approve the request from Arts Hermosa for street closure of all of Pier Avenue west of Valley Drive for December 31, 1995, and January 1, 1996, subject to Arts Hermosa's responsibility for the following conditions: a)furnish the City with a certificate of insurance covering comprehensive and general liability in the amount of two million dollars; b)indemnify the City; c)Chief of Police shall determine the number of officers necessary to ensure safety and traffic control with the cost of the officers to be paid by Arts Hermosa; d)street closure subject to final approval by Chief of Police; e)provide adequate trash receptacles and portable toilets as necessary to accommodate the event; f)streets shall be restored and cleaned by Arts Hermosa to meet conditions as specified by the City; f)event management to be the sole responsibility of Arts Hermosa; and, g)post the temporary no parking signs as required by the City; 2)approve the funding request for 5,000 of DEC funds; and, 3)approve the fee waiver requests, where there is no associated direct cost to the City, of: a)Civic Theatre and Clark Building rental fees; and, b)meter buy-out fees at 15.50 per meter, with the understanding that the following fees shall not be waived: c)Police fees at 59.75 per hour per officer; d)City administrative fee of 300; e)Public Works fees (to be determined); and, f)Civic Theatre and Clark Building staff fees (to be determined). Motion Edgerton, second Benz. The motion carried by a unanimous vote. (g) RECOMMENDATION TO RECEIVE AND FILE A REPORT ON THE UNREINFORCED MASONRY BUILDING ORDINANCE IMPLEMENTATION. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting in order to ask if there were any unresolved questions regarding the seismic retrofit. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the report which details that almost 50 percent of the owners of unreinforced masonry buildings are proceeding with the required seismic retrofitting. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE RECORDS RETENTION SCHEDULE. Memorandum from City Clerk Elaine Doerfling dated September 19, 1995. Action: To approve the staff recommendation to adopt Resolution No. 95-5770, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING A RETENTION SCHEDULE FOR THE MAINTENANCE AND DISPOSITION OF CITY RECORDS." (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION SHEET FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 19, 1995. Memorandum from Community Development Director Sol Blumenfeld dated September 21, 1995. Action: To approve the staff recommendation to receive and file the action sheet from the Planning Commission meeting of September 19, 1995. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. Mayor Bowler announced that Tuesday, October 10, 1995, is the last day for voter registration in order to vote in the General Municipal Election of November 7, 1995, and urged anyone who has moved to reregister or anyone who is not currently registered to do so. PUBLIC HEARINGS 4.TEXT AMENDMENT TO ELIMINATE CONDITIONAL USE PERMIT REQUIREMENT AND MAINTAIN PRECISE DEVELOPMENT PLAN REQUIREMENT FOR CONDOMINIUM DEVELOPMENT PROJECTS. Action: This item was withdrawn by staff prior to the meeting in order to refer the matter to the City Attorney for further review. There has been no date certain set for the item's return to Council. 5.TEXT AMENDMENT TO SECTIONS 601 AND 701 OF THE ZONING ORDINANCE TO MODIFY THE CONDITIONS FOR GRANTING HEIGHT LIMIT EXCEPTIONS IN THE R-3 AND R-P ZONES.Memorandum from Community Development Director Sol Blumenfeld dated September 19, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Mr. Blumenfeld said there were two projects pending that could be affected by this text amendment. The public hearing opened at 7:36 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:36 P.M. Action: To introduce Ordinance No. 95-1136, as amended to include a provision for the vested rights of projects that have submitted structural plans for plan check, and have paid all fees, prior to September 26, 1995. Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote of Mayor Bowler. Final Action: To waive further reading of Ordinance No. 95-1136, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTIONS 601 AND 701 OF THE ZONING ORDINANCE IN REGARD TO THE CONDITIONS REQUIRED FOR APPROVAL OF A HEIGHT LIMIT EXCEPTION. " Motion Edgerton, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None MUNICIPAL MATTERS 6.DOWNTOWN CIRCULATION AND PARKING STUDY - CONTRACT FOR CONSULTING SERVICES.Memorandum from Community Development Director Sol Blumenfeld dated September 20, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions saying that the current schedule for completion is 90 days. Public participation opened at 7:45 P.M. As no one came forward to address the Council on this item, public participation closed at 7:45 P.M. Action: To approve the staff recommendation to: 1)approve the award of contract for the combined services of Korve Engineering and Walker Parking Consultants in the amount of 55,000, with the addition of an item 5 on page five of an "Alternative 3 - Future with the Closure of Lower Pier Avenue from Hermosa Avenue west to The Strand".; 2)Authorize the Mayor to execute and the City Clerk to attest the contract subject to the City Attorney approval; 3)Authorize the Director of Community Development to accept the project as complete on behalf of the City Council upon completion of work; 4)Authorize funds in the amount of 55,000 to be appropriated from the Downtown Business Area Enhancement District Fund, with the contingency that up to 2,500, or five percent, in additional funds are authorized, if required, as payment only for the addition of item 5 shown in number 1; and, 5)Authorize the Director of Community Development to make minor changes as necessary within budget. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 7.DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSING PROCESS. Memorandum from City Manager Stephen Burrell dated September 19, 1995. Mayor Bowler declared a conflict of interest due to owning a business with an application pending before the ABC and left the dais and the room at 7:54 P.M. City Manager Burrell presented the staff report and responded to Council questions, saying that if the Council took no action on an item sent to it by the ABC, the ABC would deem that as a denial; that if the City took no action, the ABC would not process an application and that would be the end of that particular request. City Attorney Jenkins also responded to Council questions, saying that the new law actually gave more power to the City, to the local jurisdiction, regarding the necessity or convenience (if any) of a new business. Mr. Jenkins also said that an array of standards could be presented at a future meeting, including both objective and subjective criteria. Public participation opened at 8:20 P.M. As no one came forward to address the Council on this item, public participation closed at 8:20 P.M. Proposed Action: To approve the staff recommendation and to set forth a process where findings of fact have to be met in order to deny a business because it does not meet the criteria of being a public convenience or necessity, and if the findings are not presented, the item would be placed on the consent calendar and would be automatically approved if it were not pulled by the Council. Motion Benz, second Mayor Pro Tempore Oakes. The motion died due to the second being withdrawn. Proposed Action: To approve the staff recommendation and to set forth a process where findings of fact have to be met in order to deny a business because it does not meet the criteria of being a public convenience or necessity, with the item to be heard at a public hearing. Motion Benz, second Mayor Pro Tempore Oakes. The motion was withdrawn by the maker and the second. Action: To approve the staff recommendation to file a letter with the ABC that explains the City's process concerning all ABC licenses, and that states that the City Council will be the body to make any "public convenience and/or necessity" determinations. Motion Reviczky, second Mayor Pro Tempore Oakes. The motion carried, noting the absence of Mayor Bowler. Final Action: To direct staff to return with an array of standards that will allow the Council to determine a set of objective criteria for determining whether a business is not a public convenience and/or necessity as stipulated by Section 23958. Motion Benz, second Mayor Pro Tempore Oakes. The motion carried, noting the absence of Mayor Bowler. Mayor Bowler returned to the dais at 8:30 P.M. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 9.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FROM CITY OF COVINA TO SUPPORT A RESOLUTION TO REDISTRIBUTE 1% OF THE STATE TAX TO CITIES. Memorandum from City Manager Stephen Burrell dated September 13, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To take a similar position to that of the City of Covina by supporting a Resolution to redistribute one percent of the State Sales Tax back to the cities when this item is voted on at the League of California Cities Annual Business Meeting. Motion Reviczky, second Edgerton . The motion carried by a unanimous vote. b.VACANCIES - BOARDS AND COMMISSIONS EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated September 21, 1995. Action: To appoint Samuel H. Abrams to a four-year term on the Parks, Recreation and Community Resources Advisory Commission to end June 30, 1999. Motion Benz, second Oakes. The motion carried by a unanimous vote. Action: To appoint Robert C. Aronoff to a four-year term on the Parks, Recreation and Community Resources Advisory Commission to end June 30, 1999. Motion Benz, second Reviczky. The motion carried by a unanimous vote. Mayor Bowler thanked all of the applicants, for the open positions, for their willingness to serve the City; said they had all been well qualified and the decision had been very difficult to make. 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Councilmember Benz to direct staff to look into the feasibility of the City setting up the bleachers on the beach and charging the various event promoters for their use. Councilmember Benz spoke to his request and said that the City could receive over 100,000 in revenue and spare the area from the noise and traffic problems of the constant set-up and tear-down of bleachers for events during the summer months. City Manager Burrell responded to Council questions. Proposed Action: To direct staff to look into the feasibility of the City setting up the bleachers on the beach and charging the various event promoters for their use. Motion Benz, second Mayor Bowler. The motion failed, due to the dissenting votes of Edgerton, Reviczky and Mayor Bowler. b.Request from Councilmember Reviczky to direct staff to report back on possible solutions to the continuing problem of drivers traveling in the wrong direction on 2nd Street which is a one-way street. Councilmember Reviczky spoke to his request. Action: To direct staff to report back on possible solutions to the continuing problem of drivers traveling in the wrong direction on 2nd Street which is a one-way street. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION: 1)matters of Conference with Labor Negotiator pursuant to Government Code Section 54957.6: a)City Manager Stephen R. Burrell, negotiating for the City with employee group: Hermosa Beach Management Association; and, b)City Manager Stephen R. Burrell, negotiating for the City with employee group: Hermosa Beach Police Officers' Association, Police Captains' Bargaining Unit. At the hour of 8:57 P.M. the Regular Meeting adjourned to the closed session. At the hour of 9:20 P.M. the closed session adjourned to the Regular Meeting. PUBLIC DISCLOSURE ANNOUNCEMENTS - No decisions were made requiring public disclosure. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 24, 1995 at the hour of 9:21 P.M. to the Regular Meeting of Tuesday, October 10, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 10, 1995, at the hour of 7:05 P.M. PLEDGE OF ALLEGIANCE - Mary Hull, Secretary, City Hall ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None PROCLAMATIONS: "WEEK WITHOUT VIOLENCE" October 15 - 21, 1995 Mayor Bowler read the Proclamation and urged all citizens to imagine a world without violence, a world where there is talking instead of yelling, negotiating instead of hitting, open minds and hands instead of loaded guns, a country of peace instead of violence, and then to live in it for a week during the YMCA Week Without Violence, October 15 - 21, 1995 PRESENTATIONS:PRESENTATION OF PLAQUES TO PARKS, RECREATION & COMMUNITY RESOURCES ADVISORY COMMISSIONERS: RICHARD McCURDY & STEVE CRECY Mayor Bowler congratulated the two retiring Parks, Recreation and Community Resources Commissioners and thanked them for their years of volunteer service to the City: Dick McCurdy served one term from 1991 to 1995 and served as Chairperson from 1994-1995. During his tenure on the Commission, Dick McCurdy worked on park master plans, commercial event policy development and the park safety subcommittee, he also contributed generously to the City by securing the donation of a perpetual trophy for the Volleyball World Championships. Steve Crecy served for two terms from 1987 to 1995 and in addition to serving as a chairperson for the Commission, Steve was the lead Commissioner in many City projects including the Greg Jarvis Memorial Committee and the Veterans Memorial Committee. Mr. Crecy was also involved in long term project planning, program development and facility renovations, spending countless hours raising funds and gathering volunteers to make these, and many other, projects happen. Steve Crecy thanked the Council, said it was his pleasure to serve and that he had enjoyed every minute of his time on the Commission. Dick McCurdy extended his appreciation for the opportunity to serve and said he was pleased to see so many good people come forward with applications to serve on the City's Commissions. PRESENTATION OF THE 1995 PEDESTRIAN SAFETY CITATION AWARD TO THE CITY OF HERMOSA BEACH FROM THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA William Sauber, manager of the Manhattan Beach Automobile Club of America, presented the 1995 Pedestrian Safety Citation Award (awarded for no pedestrian/automobile accidents) to the City for the third straight year and said there had only been 46 awards given this year and that many of those awards had gone to rural cities with very small populations. Mayor Bowler thanked Mr. Sauber and the AAA for the award and reminded the citizens that there would be a ballot measure on the November 7, 1995 election to provide the cost of Crossing Guards in order to maintain the safety of school children at dangerous intersections. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Patricia Spiritus - Downtown business owner and Downtown Business Area Enhancement District Commissioner, spoke to make the Council aware of the progress of the informal group merchant meetings being held every two weeks (Tuesday mornings at 7:30) in the downtown area regarding downtown revitalization. (b) WRITTEN COMMUNICATION - None 1.Letter from Roger and Anne Moler dated September 27, 1995 regarding the scavenging of recyclable materials. Coming forward to address the Council on this item was: Annie Moler - spoke to her letter; asked that the scavenger laws be enforced; spoke of problems related to her by neighbors. Action: To receive and file the letter and to direct staff to prepare a response. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 2.Letter from Parker Herriott dated September 26, 1995 regarding Noble Park. Action: To receive and file the letter and to direct staff to prepare a response. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Reviczky, (j) Oakes, (k) Edgerton, (l) Edgerton and (m) Oakes. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on, September 26, 1995; and, 2)Minutes of the Regular Meeting held on, September 26, 1995. Action: To approve the minutes of the Adjourned Regular Meeting of September 26, 1995, and the Regular Meeting of September 26, 1995, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS 4380 THROUGH 4696 INCLUSIVE, NOTING VOIDED NUMBERS 4368 THROUGH 4379 INCLUSIVE AND 4580 THROUGH 4597 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST, 1995, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, Action: To receive and file the August, 1995, Revenue and Expenditure report and City Treasurers report as presented. (e) RECOMMENDATION TO APPROVE 1995-96 SUBSCRIPTION WITH L.A. ONLINE AT A COST OF 1,800 FROM PROSPECTIVE EXPENDITURES. Memorandum from City Manager Stephen Burrell dated September 27, 1995. Action: To approve the staff recommendation to approve the 1995-96 Fiscal Year subscription cost of 1,800 with the funding coming from the Prospective Expenditure account. (f) RESOLUTION ESTABLISHING WAGES, HOURS AND TERMS & CONDITIONS OF EMPLOYMENT FOR MEMBERS OF THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from City Manager Stephen Burrell dated October 3, 1995. Action: To approve the staff recommendation to: 1)adopt Resolution No. 95-5771, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 94-5680 AND ESTABLISHING SALARY, BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT FOR MANAGEMENT EMPLOYEES."; and, 2)note the changes to the Management Resolution as: a)a term from July 1, 1995 through June 30, 1997; b)compensation will increase 5.5 percent effective 07-01-95 and by another 3.5 percent effective 07-01-96; c)reduction in educational allowance for current Management employees from 66 percent of actual tuition paid to 66 percent of tuition based on State University rates and program elimination for any new hires; d)establishment of a Performance Bonus Program with an annual award of up to ten percent for measurable performance in response to established standards; e)establish a vehicle allowance in the amount of 350 per month to replace the existing benefit of mileage reimbursement and allowing the reduction of the City owned vehicle fleet; f)elimination of "Cafeteria Style" health benefits for Department Directors hired after 10-01-95 with the payment of premium amounts limited to actual cost and no cash payment for unused premiums; and, g)City to report the value of Employer Paid Member Contribution (EPMC) to P.E.R.S. effective 11-01-95. (g) ADOPT RESOLUTION IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 20615 BY REPORTING TO P.E.R.S. THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from Personnel Director Robert Blackwood dated October 2, 1995. Action: To approve the staff recommendation to adopt Resolution No. 95-5772, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IMPLEMENTING GOVERNMENT CODE SECTION 20023(C)(4) PURSUANT TO SECTION 29615 BY REPORTING TO P.E.R.S. THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION (EPMC) FOR THE MEMBERS OF THE HERMOSA BEACH MANAGEMENT ASSOCIATION." (h) RECOMMENDATION TO RELY ON THE CURRENT MUTUAL AID SYSTEM AND PURCHASE A 50' TELESQUIRT IN RESPONSE TO THE STAFF REPORT REGARDING THE EMERGENCY WATER SUPPLY AND FIRE DEPARTMENT ANALYSIS. Memorandum from Fire Chief Pete Bonano dated October 2, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting to question the inclusion of a new fire truck in this recommendation. Fire Chief Bonano presented the staff report and responded to Council questions and said there is room in the Fire Station to contain three Fire Trucks, also, said that the State has a weight limit of 3,000 gallons for the water tender. Action: To direct staff to come back with an analysis of the type of Fire Truck needed and to do a feasibility study regarding proposed funding. Motion Benz, second Reviczky. The motion carried by a unanimous vote. Final Action: To direct staff to develop a disaster relief team, of volunteers from within the City, to serve during emergency situations. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (i) RECOMMENDATION TO APPROVE A CONTRIBUTION IN THE AMOUNT OF 5,000 TO THE SANTA MONICA BAY RESTORATION PROJECT FOUNDATION FOR EVALUATING THE EFFECTIVENESS OF EXISTING AND PROTOTYPICAL PRACTICES AND DEVICES FOR CONTROLLING URBAN RUNOFF POLLUTANTS AT CATCH BASINS. Memorandum from Public Works Director Amy Amirani dated October 5, 1995. Action: To approve the staff recommendation to approve a contribution in the amount of 5,000, from the amount budgeted for compliance with the NPDES Stormwater Permit, to the Santa Monica Bay Restoration Project Foundation as a portion of the matching fund grant for the pilot program to evaluate the effectiveness of existing and prototypical practices and devices for controlling urban runoff pollutants at catch basins. (j) RECOMMENDATION TO INITIATE A TEXT AMENDMENT TO CONSIDER CHANGING THE DEFINITION OF HOTEL, AND TO DIRECT STAFF TO SET THE MATTER FOR PUBLIC HEARING.Memorandum from Community Development Director Sol Blumenfeld dated October 3, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order ensure that the requirement that the registration desk be staffed 24 hours per day was not removed. Community Development Director Blumenfeld responded to Council questions and said this item would be returned to the Council for final approval. Action: To approve the recommendation to direct staff to initiate a text amendment to consider changing the definition of hotel and set the matter for a public hearing. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF SEPTEMBER 20, 1995. Memorandum from City Manager Stephen Burrell dated October 5, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to question parking restrictions near Clark field. Coming forward to address the Council on Councilmember Edgerton's questions regarding parking near Clark Field were: Ron Zaragoza - President of Little League, spoke of parking problems at Clark Field; Ken Liboutti - Little League, gave a recap of parking use on the old basketball courts; and, Ray Lindles - Little League, spoke of parking problems. Community Resource Director Mary Rooney said that area had been unstriped due to unsafe turning radii. City Manager Burrell spoke regarding the issue. Action: To direct staff to investigate the safety concerns regarding parking on the site of the former basketball courts at Clark Field and return the item to Council for its determination, but to allow parking in the interim. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (l) ACCEPT 500 DONATION FROM THE HERMOSA BEACH LAWN BOWLING CLUB, APPROPRIATE FUNDS TO THE GENERAL FUND, AND DIRECT THAT A LETTER OF THANKS BE PREPARED FOR THE MAYOR'S SIGNATURE. Memorandum from City Manager Stephen Burrell dated October 5, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to give public information to the citizens by reading the Hermosa Beach Lawn Bowling Club's playing schedule as Tuesday and Thursday at 11:45 A.M. and Saturday at 9:45 A.M.; he also invited anyone interested to attend, said instructions were free, and asked that anyone attending wear rubber soled shoes. Action: To approve the staff recommendation to: 1)accept the donation of 500 from the Hermosa Beach Lawn Bowling Club toward the roof repair on the building and direct that a letter be prepared for the Mayor's signature thanking them for the donation; and, 2)appropriate the funds to the General Fund. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. (m) RECOMMENDATION TO AUTHORIZE STAFF TO LEASE TWO CANON COPIERS (MODEL NP6050) FROM ASTRO OFFICE PRODUCTS, INC. FOR A LEASE AMOUNT OF 9,344 PER YEAR. Memorandum from City Manager Stephen Burrell dated October 4, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to questions regarding cost differences. City Manager Burrell explained the differences. Action: To approve the staff recommendation to; 1)authorize staff to lease two Canon Copiers, Model NP6050, from Astro Office Products, Inc. for a lease amount of 778.66 per month for both machines, or a total amount, without sales tax, of 9,344 per year; 2)note that the lease of the two machines is for the replacement of two copiers in City Hall, one Xerox 1040 located on the second floor and one IN 60 located in the basement; 3)note that this lease is based on Municipal Lease factors per Los Angeles County/Canon USA Buying Agreement #55387; 4)note that the total cost for the machines and maintenance will be 12,075 for the first year, 14,805 for the second year, 14,805 for the third year and may be purchased for one dollar (1.00) per machine at the end of the three years. Current funds available in the 1995-96 budget are 16,880. Motion Reviczky, second Benz. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1136 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTIONS 601 AND 701 OF THE ZONING ORDINANCE IN REGARD TO THE CONDITIONS REQUIRED FOR APPROVAL OF A HEIGHT LIMIT EXCEPTION.", for adoption. Memorandum from City Clerk Elaine. Action: To adopt Ordinance No. 95-1136. Motion Edgerton, second Reviczky. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (j), (k), (l) and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 8:18 P.M. The meeting reconvened at 8:30 P.M. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.TRAFFIC SIGNAL AT AVIATION BOULEVARD AND OCEAN AVENUE: REQUEST BY BUSINESS OPERATORS TO REMOVE LEFT TURN POCKETS. Memorandum from City Manager Stephen Burrell dated October 4, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public Works Director Amy Amirani responded to Council questions and said that it would cost approximately 5,000 to restripe the intersection. Public participation opened at 8:35 P.M. Coming forward to address the Council on this item were: Eddie Talbot - 950 Aviation, said he had lost 20-30 percent of his street parking due to the new left turn lanes on Aviation at Ocean as the lanes had been pushed to the southern portion of Aviation, also said that the control box for the signal lights was on the south side of the street when originally it had been scheduled to go on the north side; submitted information and photographs directly to the Council; Mr. Givens - property owner of 1010/1012 Aviation, said he had received complaints from his tenants due to the removal of parking on the south side of Aviation; and that there had been no notification before the red curbs had been painted; Betty Givens - property owner of 1010/1012 Aviation, said that tenants in the building were losing business due to the lack of parking; Roger Bacon - 1100 Pacific Coast Highway, gave a history of the project; said the project design engineer said there was no need for a left turn lane at the intersection but the City had insisted; displayed plans and photographs, and asked for an investigation regarding the changes required by the City; said there had been few accidents at the intersection to warrant left turn lanes; John Workman - 1002 Tenth Street, said that there had been many accidents at that intersection and that employees of the businesses parked on the residential side streets and impacted the neighborhoods; and, John Burt - 1152 Seventh Street, said there had been numerous accidents on Aviation. Public participation closed at 9:10 P.M. Action: To direct staff to investigate the feasibility and costs of shifting the left turn pockets to the north side of the street (include the two parking spaces), and return to Council with the report. Motion Reviczky, second Benz. The motion carried, noting the dissenting vote of Councilmember Edgerton. 5.REQUEST FROM ROGER BACON TO AMEND LICENSE AGREEMENT TO INSTALL AN ELECTRICAL TRANSFORMER IN THE AREA UNDER LICENSE FROM THE CITY. Memorandum from City Manager Stephen Burrell dated October 4, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:25 P.M. Roger Bacon - 1100 Pacific Coast Highway, said that Starbucks would open in December and that the sewer line had been completed; displayed photographs, gave a history of the project, and said that the City land was the only area that an electrical transformer could be placed. Public participation closed at 9:52 P.M. Proposed Action: To approve the request. Motion Edgerton. The motion died due to the lack of a second. Action: To deny the request. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 6.REVIEW OF FUNCTIONS, CHARTER AND RESPONSIBILITIES OF THE BOARD OF APPEALS. Memorandum from City Manager Stephen Burrell dated October 5, 1995. RECOMMENDATION: Review information and provide any direction to staff on changes concerning the delegation of authority for review of waiver of underground requirements. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to: 1)remove the procedure for granting an exception to the undergrounding requirement from the Board of Appeals and place it with the Planning Commission; 2)review the 30,000 figure in Section 7-6.2; 3)review Section 7-6.6 to clarify the language; and, 4)bring the item, with options, back to the Council for its decision. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request by Councilmember Edgerton for consideration of placing the 2% UUT for capital improvements on the March ballot in light of the recent California Supreme Court decision. Councilmember Edgerton spoke to his request. City Manager Burrell, City Attorney Jenkins and City Clerk Doerfling all responded to Council questions. Action: To direct staff to return as soon as possible with the appropriate documents and wording to consolidate a ballot measure for an additional two percent Utility User Tax (eight percent total) for the State primary election of March 26, 1996, noting that the deadline for submittal of a measure is December 29, 1995. Motion Edgerton, second Mayor Bowler. The motion carried, noting the dissenting vote of Benz. b)Request by Councilmember Edgerton to discuss the frequency of sidewalk cleaning downtown due to complaints. Councilmember Edgerton spoke to his request. Action: Councilmember Edgerton withdrew this item, as the cleaning of the downtown area was currently in the process of receiving bids. c)Request by Councilmember Edgerton for consideration of forming a subcommittee to study the feasibility of acquiring the vacant property on Manhattan Avenue (former church site). Councilmember Edgerton spoke to his request. Action: Councilmember Edgerton withdrew this item, as the owner was in the process of developing the property. CITIZEN COMMENTS No one came forward to address the Council at this time. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 10, 1995 at the hour of 10:18 P.M. to the Regular Meeting of Tuesday, October 24, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California. PLEDGE OF ALLEGIANCE - Charlotte Malone, resident ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENTS: Mayor Bowler announced: 1)There would be a Candlelight Ceremony at 6:00 P.M. on Veteran's Day, Saturday, November 11, 1995, at the Veterans Memorial (southwest portion of the Community Center lawn off of Pacific Coast Highway), with special homage to be paid to World War II veterans; 2)The recent attendance at the League of California Cities in San Francisco by Councilmembers Benz and Reviczky, Mayor Bowler, City Manager Stephen Burrell, and Assistant City Manager Mary Rooney where they had attended seminars, received a wealth of information and were able to give input on upcoming state legislation; and, 3)To inform the Council that a request had been made to suspend the order of the agenda in order to move item 11, Rebate Program in Connection with the Landscape and Lighting District to the start of Municipal Matters (before item 4). Action: To suspend the order of the agenda to hear item 11 before item 4. Motion Benz, second Reviczky. The motion carried by a unanimous vote. PROCLAMATIONS: Red Ribbon Week - October 22-30, 1995 Mayor Bowler read the Proclamation and encouraged all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, and proclaimed the period of October 23rd through 31st, 1995 as Red Ribbon Week. Dee Strange, of Hermosa Valley School, introduced the students (and their parents) who were accepting the Proclamations on behalf of Hermosa Valley school, Hermosa View school, and Our Lady Of Guadalupe school. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Eleanor Lynn - representing the Hermosa Beach Women's Club, spoke of the annual Flapjack Fest to be held this Sunday, October 29, 1995, from 9:00 A.M. until 1:00 P.M. at the Clark Building on Valley Drive, an all you can eat breakfast, 5 for adults and 3 for children, with the proceeds to benefit Project Touch; said that Batman and the Batmobile would be there for photograph opportunities; and, reminded everyone that the clocks would be set back one hour the Saturday night before the breakfast, and to be sure that they did not arrive an hour early, at 8:00 A.M.; Dennis O'Dell - 2065 Manhattan Avenue, thanked Mayor Bowler on behalf of the veterans for his announcement of the Candlelight Ceremony at the Veterans Memorial on Saturday, November 11, 1995, at the hour of 6:00 P.M. to honor the 50th Anniversary of the World War II veterans; and, John Burt - 1152 Seventh Street, said that item 1(e) needed citizen input before increasing the salaries of the two new Police Lieutenants; and that he wished to speak on item 6. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (g) Edgerton, (h) Reviczky, and (i) Reviczky. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on October 10, 1995. Action: To approve the minutes of the Regular Meeting of October 10, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 4240 THROUGH 4253 INCLUSIVE, NOS. 4360 THROUGH 4367 INCLUSIVE, NOS. 4568 THROUGH 4579 INCLUSIVE, NOS. 4580 THROUGH 4696 INCLUSIVE, AND NOS. 4718 THROUGH 4880 INCLUSIVE, NOTING VOIDED CHECK NOS. 4580 THROUGH 4597 INCLUSIVE AND NOS. 4212, 4213, 4214, 4215, 4216, 4217, 4776, 4777, 4788, 4791, AND 4870. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the September, 1995, Financial Reports as presented. (e) RECOMMENDATION TO APPROVE A CLASSIFICATION SPECIFICATION FOR THE POSITION OF POLICE LIEUTENANT WITH ASSOCIATED SALARY RANGE. Memorandum from Personnel Director Robert Blackwood dated October 10, 1995. Action: To approve the staff recommendation to: 1)approve the classification specification for the position of Police Lieutenant; 2)establish the salary range for the position as 5,013 to 5,803 per month (which is an annual cost increase of 18,658 at top step); and, 3)approve placement of the classification, as a supplemental, into the Police Captain's Bargaining Unit (hereinafter known as Police Management Bargaining Unit). (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 17, 1995. Action: To approve the staff recommendation to receive and file. (g) RECOMMENDATION TO APPROVE REQUEST FROM THE CHAMBER OF COMMERCE FOR THE CLOSURE OF PIER AVENUE FROM HERMOSA AVENUE TO BEACH DRIVE ON DECEMBER 7, 1995 FROM 4:45 PM TO 5:15 PM FOR THE ANNUAL HOLIDAY TREE LIGHTING CEREMONY. Memorandum from City Manager Stephen Burrell dated October 17, 1995. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to allow Carol Duff to speak. Coming forward to address the Council on this item was: Carol Duff - Executive Director, Chamber of Commerce, said that this year the Chamber would have a real Christmas tree to light at 5:00 P.M. on December 7, 1995; said that Kathy Dunbabbin was the volunteer Chairperson for the event and had some surprises planned; and, invited everyone to attend as Santa and Mrs. Santa would arrive on the Lifeguard truck with gifts. Action: To approve the staff recommendation to approve the closure of lower Pier Avenue (from Hermosa Avenue to Beach Drive) for one half hour on Thursday, December 7, 1995 from 4:45 to 5:15 P.M. for the annual Holiday Tree Lighting ceremony. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE STREET CLOSURE REQUEST FROM V.O.I.C.E. TO CONDUCT A "GREEN HOLIDAY FAIR" ON SATURDAY, DECEMBER 2, 1995 ON PIER AVENUE WEST OF HERMOSA AVENUE AND APPROVE A FEE WAIVER FOR THE PARTICIPANTS AND METER FEES, WITH DIRECT CITY COSTS PAID BY V.O.I.C.E. Memorandum from Community Resources Director Mary Rooney dated October 15, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions and introduced Louise Fleming to speak about the planned event. Coming forward to address the Council on this item were: Louise Fleming - representing V.O.I.C.E., said the all volunteer, non-profit organization chose Hermosa Beach as the site of its fourth annual event in order to get better exposure and to highlight the merchants and food establishments in the downtown area and to introduce many new families and Holiday shoppers to the area; said the booth charge would be 35 for the day and would feature recycled goods and vegetarian foods; said the organization provided an educational service to the local communities through its speakers bureau and clinics; Patricia Spiritus - downtown business owner, said the downtown merchants had responded quite decisively in favor of the event when surveyed, with only four opposed to the event; and, Dallas Yost - Pacific Screen Print, said that he felt that not all of the merchants had understood what the event would be as there had been no mention of the 35 booth charge or the limitations on non-organic food and clothes. Action: To approve the amended staff recommendation to: 1)approve the street closure request from V.O.I.C.E. to conduct a Green Holiday Fair (environmentally "eco-friendly" merchandise and services) on Saturday, December 2, 1995, on either lower Pier Avenue (from Hermosa Avenue to the Strand) or lower 13th Street, subject to location approval by the Downtown Merchants, and the event to be held from 8:00 A.M. until 5:00 P.M., subject to conditions of: a)provide City with liability insurance in the amount of 2,000,000; b)indemnify the City; c)ensure responsibility to clean the event area and to remove trash and debris as necessary to restore the street to its original condition; d)provide trash receptacles and recycling bins as necessary to accommodate the event; e)provide volunteers to post the meters with temporary no parking signs at least 48 hours prior to the event (City will provide signs); f)provide written notification to merchants on lower Pier Avenue at least three weeks in advance of the event; and, g)work with the Downtown Merchant Group subcommittee for event planning and local merchant involvement; and, 2)approve a fee waiver for the participant and meter fees, with direct City costs paid by V.O.I.C.E. Motion Bowler, second Oakes. The motion carried noting the dissenting votes of Edgerton and Reviczky. (i) RECOMMENDATION TO ADOPT RESOLUTION AMENDING RESOLUTION NO. 95-5749 TO REFLECT THAT OWNERS OF BUSINESSES IN HERMOSA BEACH BE BILLED 230.00 FOR AMBULANCE TRANSPORTATION AND EMPLOYEES OF A BUSINESS IN HERMOSA BEACH, WHO REQUIRE AMBULANCE TRANSPORT DUE TO AN EMPLOYMENT RELATED INJURY, BE BILLED 230.00 FOR AMBULANCE TRANSPORTATION. Memorandum from Fire Chief Pete Bonano dated October 11, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to question the policy of providing a health insurance subsidy for Hermosa Beach business owner's employees. Fire Chief Bonano presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions and said that the City did have the legal prerogative to charge Hermosa residents (who pay for the City services through their property tax) a lower amount. Mr. Jenkins also said that Mayor Bowler had no conflict voting on this issue as he would receive no greater benefit as a business owner than other business owners would receive. Action: To approve the staff recommendation to adopt Resolution No. 95-5774, entitles, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 95-5749 OF THE CITY OF HERMOSA BEACH RELATING TO SCHEDULE OF FEES FOR FIRE DEPARTMENT AMBULANCE TRANSPORTATION.", which decreases the non- resident ambulance transportation fee from 460 to 230 for non-resident Hermosa Beach business owners and employees of a Hermosa Beach business who require ambulance transport due to an employment related injury. Motion Benz, second Mayor Bowler. The motion carried, noting the dissenting vote of Reviczky. (j) RECOMMENDATION TO APPROVE SUBMITTING AN APPLICATION FOR THE 1996-97 USED OIL RECYCLING BLOCK GRANT PROGRAM. Memorandum from City Manager Stephen Burrell dated October 19, 1995. Supplemental Resolution submitted October 23, 1995. Action: To approve the staff recommendation to: 1)approve submitting an application for the 1996-97 Used Oil Recycling Block Grant Program; and, 2)adopt Resolution No. 95-5773, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD OF A 1996/97 USED OIL RECYCLING BLOCK GRANT.", which authorizes the application and designates the City Manager to execute all documents and agreements related to the grant. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(g), (h), and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS At the hour of 8:09 P.M. the order of the agenda was suspended to go to item #11. 4.REDUCTION OF THE UTILITY USERS TAX FROM 10% TO 6%. Memorandum from City Manager Stephen Burrell dated October 19, 1995, with a Resolution for adoption and an Ordinance for introduction. City Manager Burrell presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To adopt Resolution No. 95-5776, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FINDING THAT THE FOUR PERCENT PORTION OF THE UTILITY USERS TAX IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE IS NO LONGER NECESSARY FOR ITS ADOPTED PURPOSE." Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Further Action: To introduce Ordinance No. 95-1137. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95-1137, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX.", with the first regular billing period commencing on or after December 15, 1995, as the date after which only six percent shall be collected (listed in Section 11). Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None The meeting recessed at 8:23 P.M. The meeting reconvened at 8:40 P.M. 5.30TH & 31ST STREET FENCES ALONG WALK STREET ENCROACHMENT AREA. Memorandum from Community Development Director Sol Blumenfeld dated October 17, 1995. Supplemental letters from Lee Alan Hennis, 2216 Monterey Blvd., S. Doreen Myhers, 357 31st Street, and Susan Kushins, 31st Street and Morningside, all received October 24, 1995. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions saying that half of the properties on these streets were not in conformance. City Attorney Jenkins also responded to Council questions saying that currently there is no requirement for a guard rail on a retaining wall, and, that the City could legally require conformance when a property changed ownership, but it would be very difficult to enforce. No one came forward to address the Council on this item. Action: To direct staff to: 1)proceed with a text amendment to the Zoning Ordinance and Municipal Code that would require conformance of a fence or wall maximum height of 42 inches either at the grade level or on a retaining wall: a)within seven years (if b or c [below] do not take place before that time); b)when the property is sold or changes ownership; or, c)when there is a major remodel or improvement; 2)research the issue of liability and return with a report on the process to ensure that the property carries the proper insurance; and, 3)examine the issue of possible vacation of the land. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. 6.AMENDMENT TO THE PROVISIONS OF SECTION 4-6.1, SUBSECTION (2), ANIMAL NOISES, OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Police Chief Val Straser dated October 3, 1995, with an Ordinance for introduction. Sergeant Tom Thompson presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: To approve the amended staff recommendation to: 1)to introduce Ordinance No. 95-1138; 2)adopt the procedure for the enforcement of animal noises that imposes increasing fines for each violation within a twelve month period; and, 3)add the requirement that the animal owner(s) and complaining neighbor(s) enter a mediation process through Dispute Resolution Services prior to the City filing charges and taking the case to Court. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 95-1138, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL.2 Motion Reviczky, second Mayor Bowler. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 7.REVIEW OF WRONG WAY DRIVING ON 2ND STREET EAST OF PACIFIC COAST HIGHWAY. Memorandum from Police Chief Val Straser dated October 10, 1995. Police Chief Straser presented the staff report, and, Sergeant Tom Thompson responded to Council questions saying that a video camera that could cite violators would cost approximately 10,000, but the Police Department already had a video camera could be mounted in the Police van and left for periods of time with little use of manpower. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: 1)paint ONE-WAY on Second Street at the barricade east of Pacific Coast Highway; and, 2)use a video camera to record the date and times of violation to assist the Police Department with enforcement and determine severity of the problem. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 8.APPROVAL OF WORKING AGREEMENT WITH DISPUTE RESOLUTION SERVICES FROM OCTOBER 1995 THROUGH JUNE 1996 TO PROVIDE DISPUTE RESOLUTION ALTERNATIVES TO THE CITIZENS OF HERMOSA BEACH. Memorandum from Police Chief Val Straser dated October 10, 1995. Police Chief Straser presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Lance Widman - Program Coordinator for Dispute resolution Services, said that this contract was the same as the contract in effect in Manhattan Beach; that the amount was 750 per quarter for a 3,000 base amount per year and then 100 per case referred by the City up to an additional 2,000 (5,000 maximum); said there was no charge to parties referred by the City; said that they mediated many domestic disputes, dog noise complaints, and disputes between landlords and tenants, and said the goal was to keep the case from going to Court. Action: To approve the staff recommendation to: 1)approve a working agreement with Dispute Resolution Services (a non-profit corporation sponsored by the Los Angeles County Bar Association) for the remainder of this fiscal year at a rate of 100 per Hermosa Beach case handled and the sum of 750 each calendar quarter, billed up to a maximum of 5000 during the term of the agreement (with the cost of the program to be paid out of the fines, forfeitures and court mandated reimbursements that the City Prosecutor obtains for the City during the course of adjudicating misdemeanor caseloads); and, 2)renew this working agreement for additional one year terms by mutual agreement of the City and Dispute Resolution Services. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 9.LOS ANGELES COUNTY LIBRARY SYSTEM. Memorandum from City Manager Stephen Burrell dated October 19, 1995. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, said the City should take over the Library. Action: To approve the staff recommendation to: 1 receive and file the City Attorney's report concerning the process for withdrawal, tax exchange and agreement with the County concerning the Library building; and, 2)authorize the Mayor and City Manager to attend the December 7, 1995 meeting concerning the Library Task Force and Study Alternatives and report back to the City Council at the December 12, 1995 meeting. Motion Reviczky, second Benz. The motion carried by a unanimous vote. 10. REVIEW OF SECTION 1430, REGARDING PRECISE DEVELOPMENT PLAN, TO STREAMLINE THE PROCESS.Memorandum from Community Development Director Sol Blumenfeld dated October 17, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins said that there needed to be a public hearing before any text changes could be made to the Precise Development Plan (P.D.P.) language, and he said that a condominium project required a subdivision map for the division of land and air space which would included the C.C. & Rs. No one came forward to address the Council on this item. Action: To approve the consideration, at a future meeting, of an Ordinance to eliminate the need for a Conditional Use Permit for condominium projects; to maintain the P.D.P. for condominiums in its present form; and, to direct staff to return with an analysis of the differences and similarities between the C.U.P. and P.D.P. requirements for condominiums in order to determine if all necessary requirements are covered in the P.D.P. Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote of Benz. Final Action: To direct staff to return with a report that would allow the Council to examine and give direction regarding the scope of the P.D.P. applications for all projects. Motion Edgerton, second Benz. The motion was so ordered without objection. 11. REPORT ON REBATE PROGRAM IN CONNECTION WITH LANDSCAPE AND STREET LIGHTING DISTRICT. Memorandum from Public Works Director Amy Amirani dated October 19, 1995, with a Resolution for adoption. This item was heard at 8:08 P.M. (prior to item 4.) City Manager Burrell presented the staff report and responded to Council questions and said that the Section 416(1)(1)(a) of Title 42, noted on page two of the Resolution, Section 2, referred to a section in the Federal Code and would be changed to Hermosa Beach Municipal Code Section 30-51(a) for conformity. Public Works Director Amirani responded to Council questions and said the proposed rebate amount was not known at this time but could be between 30,000 to 40,000. No one came forward to address the Council on this item. Proposed Action: To rebate the entire assessment to disabled and senior citizens rather than just the amount over 16.84. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Bowler. Action: To approve the staff recommendation to adopt Resolution No. 95-5775, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A REBATE PROGRAM IN CONNECTION WITH LANDSCAPING AND STREET LIGHTING DISTRICT NO. 1995-96.", with the change noted by the City Manager from Section 416(1)(1)(a) of Title 42, on page two of the Resolution, Section 2, which will become Hermosa Beach Municipal Code Section 30-51(a). And, noting that rebates, for the amount above 16.84 of special assessment district taxes paid, are available annually for disabled citizens and citizens age 62 and over, who are owner/occupants of a dwelling unit as of June 27, 1995 and show proof of payment. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. The order of the agenda was returned to item 4 at 8:20 P.M. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 14. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said the problem of dog noises should be left up to the owner to correct the problem and that there should be three warning letters; also said that both Paramedic trucks should be used for ambulance transport. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 24, 1995 at the hour of 10:55 P.M. to an Adjourned Regular Meeting of Thursday, November 2, 1995 at the hour of 7:00 P.M. for the purpose of a closed session. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 14, 1995, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Robb Fulcher, Easy Reader ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT BY CITY ATTORNEY OF ACTIONS TAKEN IN THE CLOSED SESSION HELD ON NOVEMBER 2, 1995: City Attorney Michael Jenkins announced that at the closed session held at the Adjourned Regular Meeting of November 2, 1995 the following decisions had been reached: 1)Under Existing Litigation: pursuant to Government Code Section 54956.9(a): The Hermosa Beach City Council approved a settlement agreement for case number YC016526 - Allen v. City of Hermosa Beach and authorized the Mayor to sign the agreement; and, 2)Under Initiation of Litigation: pursuant to Government Code Section 54956.9(c) - two potential cases: The Hermosa Beach City Council directed the City Attorney to bring a Declaratory Relief action for a Judicial Review ruling regarding the restrictive covenants in the City's deeds to the beach in order to determine the City's ability to build a bicycle path west of the Strand. ANNOUNCEMENTS: Mayor Bowler congratulated Councilmembers Benz and Edgerton on their re-election and welcomed them back for another four years. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: David Grimm - owner of Shirttails, spoke regarding the VOICE special event of December 2, 1995; said he was in favor of the event but did not think it was fair that the group charged the same 35 per booth to downtown merchants as it charged non-local merchants; and objected to restrictions on the type of items that could be sold; and, John Burt - 1152 Seventh Street, posed questions to the City Attorney regarding the deeds to the City-owned beach; said a bike path would be illegal. (b) WRITTEN COMMUNICATION 1)Letter and petition from Gerald McGowen dated November 6, 1995, regarding the placement of curbs, gutters and sidewalks on Campana Street. Coming forward to address the Council on this item was: Gerald McGowen - 1440 Campana, spoke to his letter; said only five properties faced onto Campana, the others faced Bonnie Brae, Prospect and Joy; said the street was really an alley; said that all property owners had signed the petition requesting that no curbs, gutters or sidewalks be built on Campana. Action: To direct staff to return with a report for the Regular Meeting of November 28, 1995. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 2)Letter from Chris and Debbie Alexander dated November 9, 1995, requesting waiver of Fire Pit fee in Valley Park. Memorandum from City Manager Stephen Burrell dated November 9, 1995. Coming forward to address the Council on this item was: Chris Alexander - 2327 Hermosa Avenue, spoke to his letter; said this was to be an awards party for 13 girls, ages seven and eight, on the Red Jewels AYSO team; said the 46.75 fee made the party too expensive. Action: To waive the fee for using the Fire Pit in Valley Park on Saturday, November 18, 1995, from 5:00 P.M. until 7:00 P.M. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Benz and (i) Oakes. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. Councilmember Reviczky took this opportunity to thank Mr. Sweeney of the West Basin Municipal Water District for his help in negotiating the retrofit financing agreement approved in item 1(f). (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on October 24, 1995. Action: To approve the minutes of the Regular Meeting of October 24, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 4888 THROUGH 5024 INCLUSIVE, NOTING VOIDED CHECK NOS. 4888 THROUGH 4915 INCLUSIVE AND NO. 5023. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 1996. Memorandum from City Manager Stephen Burrell dated October 30, 1995. Action: To approve the staff recommendation to approve the meeting schedule for 1996, noting that in the months of August and December, 1996, there would be a meeting only on the second Tuesday of the month. (e) RECOMMENDATION TO APPROVE REQUEST FROM THE CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE HOLIDAY PARKING AT ALL COMMERCIAL (SILVER) METERS IN THE DOWNTOWN AREA FROM NOVEMBER 20, 1995 THROUGH DECEMBER 26, 1995. Memorandum from City Manager Stephen Burrell dated November 1, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting to suggest that merchants be allowed to personalize the cards placed in meters in front of their shops. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item were: Carol Duff - Chamber of Commerce, said she had met with Sergeant Thompson of Community Services to pre-design the insert cards for the meters which would say Happy Holidays and would list the City, the Chamber and the Downtown Merchants; said the cards were due to be delivered on Monday; and, Dallas Yost - Pacific Screen Print, said he was in favor of the idea; said it was possible to have individual names placed on some of the cards and have them ready by Monday. Action: To approve the staff recommendation to approve the request from the Chamber of Commerce and authorize the placement of cards on all commercial meters (silver post) indicating two hours of free parking from November 20, 1995 through December 26, 1995. And, to allow individual merchants to personalize the cards provided the same colors and style were used and that the cards could be delivered to the Community Service Department by 12:00 noon on Monday, November 20, 1995. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE THE RETROFIT FINANCING AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE WEST BASIN MUNICIPAL WATER DISTRICT. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Action: To approve the staff recommendation to approve the retrofit financing agreement between the City of Hermosa Beach and the West Basin Municipal Water District (WBMWD), which will allow the City to use lower cost reclaimed water (a nineteen percent [19%] savings) for irrigation purposes at Valley Park, Clark Stadium, City Hall and the Community Center, for a cost of 38,352 which will be paid by WBMWD. And, noting that this amount does not include retrofit of the Greenbelt irrigation system which would be 32,000 to connect to the current system, or 120,000 to connect and upgrade the irrigation system for the Greenbelt. In addition, WBMWD has made a 10,000 grant available to the City for improvements on the Greenbelt. (g) RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDICAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION. Memorandum from Finance Director Viki Copeland dated October 30, 1995. Action: To adopt Resolution No. 95-5777, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE HERMOSA BEACH FIRE DEPARTMENT TO PARTICIPATE IN THE STATE MEDI-CAL PROGRAM AS A PROVIDER OF EMERGENCY GROUND TRANSPORTATION." (h) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE 4% UUT REMAINING FUND BALANCE. Memorandum from City Manager Stephen Burrell dated November 1, 1995. Action: To approve the staff recommendation to receive and file the report regarding the remaining balance of 890,000 to 1,100,000 in the four percent Greenbelt purchase fund that will be used for acquisition and maintenance of open space, noting that the Parks, Recreation and Community Resources Advisory Commission will begin updating its priority list for review by the City Council. (i) RECOMMENDATION TO APPROVE CONSTRUCTION OF A 4' HIGH CHAIN LINK FENCE ALONG THE NORTHERLY BORDER OF CLARK FIELD AND APPROPRIATE 6,925 FROM PROSPECTIVE EXPENDITURES TO THE PUBLIC WORKS DEPARTMENT BUDGET. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions. City Manager Burrell and Community Resources Director Rooney also responded to Council questions. Ms. Rooney said the Parks, Recreation and Community Resources Advisory Commission planned to have public hearings to receive input from the people involved in Little League and AYSO therefore it would take longer, but they would have the Clark master plan back by February. Coming forward to address the Council on this item were: Robert Aronoff - Parks, Recreation and Community Resources Advisory Commissioner, said the Commission had appointed sub-committees to work on the parks master plans and asked that the Council table its decision on this item until the Clark Field master plan was brought back to Council; and, John Burt - 1152 Seventh Street, suggested that the people using Clark Field park at the public parking under Plaza Hermosa. Action: To allow parking in this area, but to make it legal parking by placing railroad ties three to four feet in on the grass so there will be a legal turn radius and to deter vehicles from driving further on the grass; and to wait for the Parks, Recreation and Community Resources Advisory Commission master plan to return in February, 1996, before a final decision is made. Motion Oakes, second Benz. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE A REQUEST FROM THE REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS FOR THE USE OF HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON JANUARY 28, 1996 FOR THE 5TH ANNUAL SUPER BOWL MILE RUN. Memorandum from Community Resources Director Mary Rooney dated November 6, 1995. Action: To approve the staff recommendation to approve the request from the Redondo Beach chamber of commerce and Mark Conte Productions to allow: 1)the use of Hermosa Avenue from Eighth Street to Herondo Street for approximately 30 minutes, beginning at 7:00 A.M. through 7:30 A.M., on Sunday, January 28, 1996, for the start of the 5th Annual Super Bowl Elite Mile Race; and, 2)the waiver of all special event fees , film permits and location fees (estimated in the amount of 1,194.75), subject to the conditions listed of: a)certificate of insurance in the amount of 2 million to be provided by event organizers naming the City of Hermosa Beach as an additional insured; b)event organizers to pay for an off duty police officer (2 hour minimum) while the event is held within the City limits; c)event organizers to notify all affected area residents by letter, the contents of which to be approved by the Community Resources Department staff; d)event organizers shall provide City staff with a radio for communication purposes; e)all event organizer's vehicles will be identified with placards; f)starting gun shall be examined and operator briefed prior to race start by a Hermosa Beach police officer; g)commercial sponsors, banners and the like shall be approved by the City; and, h)identify Hermosa beach in any and all television credits. (k) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated November 2, 1995. Claimant: Vanessa Garrett Date of Loss: 08/07/95 Date of Claim:10/16/95 Allegation :Alleges unsafe conditions on sidewalk, corner of Manhattan & Pier Avenue, (broken utility box cover) caused claimant to trip and fall. Claimant: Thomas & Laurie Brodie Date of Loss: 01/02/95 Date of Claim:10/10/95 Allegation :Actions of the City caused flood water to be directed onto claimant's real property causing damage. (l) RECOMMENDATION TO RECEIVE AND FILE MINUTES FROM THE OCTOBER 18, 1995 MEETING OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Action: To approve the staff recommendation to receive and file the action minutes from the October 18, 1995, meeting of the Parks, Recreation and Community Resources Advisory Commission. (m) RECOMMENDATION TO APPROVE PARTICIPATION IN BEACH FX INTERACTIVE AND DIRECT CITY MANAGER TO FORWARD INFORMATION FOR INCLUSION ON THE INTERNET. Memorandum from City Manager Stephen Burrell dated November 7, 1995. Action: To approve the staff recommendation to approve participation in beach FX and direct the City Manager to forward information for inclusion. (n) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO. 001 AND 002. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Action: To approve the staff recommendation to adopt Resolution No. 95-5778, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE EXECUTION OF STATE-LOCAL ENTITY MASTER AGREEMENT NO SLTPP-CYCLE 5-5155 AND PROGRAM SUPPLEMENT AGREEMENT NO. 001 AND 002.", which is to secure reimbursement for a percentage of the total construction cost to rehabilitate the pavement on Monterey Boulevard and Hermosa Avenue from the State of California through the October 20, 1993 grant application for the State Local Transportation Partnership Program, approved by the Local Streets and Road Branch of Caltrans. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1137- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ARTICLE VI OF CHAPTER 30 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO A UTILITY USERS TAX AND PROVIDING FOR THE TERMINATION OF THE FOUR PERCENT PORTION OF SUCH TAX WHICH REPRESENTS A SPECIAL TAX." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. Action: To adopt Ordinance No. 95-1137. Motion Edgerton, second Reviczky. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None (b) ORDINANCE NO. 95-1138- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 4-6.1, ARTICLE I, OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SPECIFIC NOISE PROHIBITIONS FOR ANIMAL AND FOWL." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 26, 1995. Action: To adopt Ordinance No. 95-1138. Motion Reviczky, second Edgerton. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (i) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.STATUS REPORT ON 30TH & 31ST STREET FENCES ALONG WALKSTREET ENCROACHMENT AREA. Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Public Works Director Amirani presented the staff report and responded to Council questions, saying that there needed to be uniformity throughout the City. Public participation opened at 8:19 P.M. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, asked that there be no changes made to this area. Public participation closed at 8:22 P.M. Action: To approve the staff recommendation to: 1.Direct staff to proceed with a text amendment to the Municipal Code to simplify the language of the encroachment permit code. a.Increase the height limit to 42" to comply with the UBC. b.Add language to require encroachment permits for new, remodel buildings or any new or reconstruction of fences or walls c.Add language regarding an appeal process. 2.Direct staff to work on the amortization (including change of ownership), City vacation of the property and the insurance program and return to City Council with recommendations. Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton. 5.STATUS REPORT ON THE TRAFFIC SIGNAL AT AVIATION BOULEVARD AND OCEAN DRIVE.Memorandum from Public Works Director Amy Amirani dated November 7, 1995. Supplemental information from City Manager Stephen Burrell received November 14, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. City Attorney Jenkins replied to Council questions and said that it was within the judgement of the Council as to the dangers of an intersection, and that judgement could be based on many criteria above and beyond the opinion of one traffic engineer, such as traffic count, number of accidents, the opinion of other experts, etc. Public participation opened at 8:27 P.M. Coming forward to address the Council on this item were: Roger Bacon - 1100 Pacific Coast Highway, said the cost of the project could be as low as 3,600 to sandblast and re-stripe, so why not put the street back the way it was, take out the left turn pockets and give the businesses back their parking; displayed the original plans which did not include the left turn pockets; showed the original letter from his traffic engineer which said that the left turn pockets were not needed; and, Carol Duff - Chamber of Commerce, said that Ocean Drive, north of Aviation, was really very narrow, more like an alley, and could not handle increased left turn traffic; asked the Council to consider the impact of the loss of parking on the adjacent businesses. Public participation closed at 8:45 P.M. Action: To eliminate the left turn lanes on Aviation Boulevard at the intersection of Ocean Drive by sandblasting, slurry sealing, restriping the lines and anything else necessary; to post no left turn signs; and to have the project paid by private, not City, money. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Mayor Bowler asked Mr. Bacon and Mr. amd Mrs. Givens if they had any objection to the Council's motion and they replied that they had none. The meeting recessed at 8:58 P.M. The meeting reconvened at 9:15 P.M., noting the absence of Councilmember Benz. 6.ADOPTION OF ALL RESOLUTIONS NECESSARY TO PLACE A PROPOSED UTILITY USER TAX INCREASE ON THE BALLOT AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE TUESDAY, MARCH 26, 1996 STATEWIDE PRIMARY ELECTION. Memorandum from City Clerk Elaine Doerfling dated November 7, 1995. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To adopt Resolution No. 95-5779, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROPOSING AN INCREASE IN THE UTILITY USERS TAX IMPOSED PURSUANT TO ARTICLE VI OF CHAPTER 30 OF THE CITYS MUNICIPAL CODE FROM SIX PERCENT TO EIGHT PERCENT OF THE CHARGES MADE FOR TELEPHONE, ELECTRICITY, GAS, WATER AND CABLE TELEVISION SERVICES." Motion Edgerton, second Oakes. AYES:Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT Benz Further Action: To adopt Resolution No. 95-5780, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE." Motion Reviczky, second Edgerton. The motion carried, noting the absence of Benz. Further Action: To adopt Resolution No. 95-5781, 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 CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." Motion Edgerton, second Oakes. The motion carried, noting the absence of Benz. Further Action: To approve Councilmember Edgerton to prepare the argument in favor of the measure, with all Councilmembers invited to sign, and to approve Councilmember Benz to prepare the argument against the measure, with all Councilmembers invited to sign. Motion Mayor Bowler, second Oakes. . The motion carried, noting the absence of Benz. City Attorney Jenkins responded to Council questions saying that the arguments must be made for a general tax only or else it would become a special district and require a two-thirds vote for passage rather than a simple majority. Further Action: To adopt Resolution No. 95-5782, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.", noting that Councilmember Edgerton would prepare the argument in favor of the measure, with all Councilmembers invited to sign, and that Councilmember Benz would prepare the argument against the measure, with all Councilmembers invited to sign. Motion Edgerton, second Oakes. The motion carried, noting the absence of Benz. Further Action: To adopt Resolution No. 95-5783, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A CITY MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 26, 1996." Motion Edgerton, second Oakes. The motion carried, noting the absence of Benz. Final Action: To adopt Resolution No. 95-5784, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MARCH 26, 1996." Motion Oakes, second Edgerton. The motion carried, noting the absence of Benz. Councilmember Benz returned at 9:27 P.M. 7.REQUEST FROM ARTS HERMOSA FOR CITY ALLOCATION OF PROPOSITION C OR PROPOSITION A FUNDS TO PROVIDE FirstNIGHT SHUTTLE BUS SERVICE.Memorandum from Community Development Director Sol Blumenfeld dated November 6, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions, saying that there was 37,000 available in these funds. City Manager Burrell and Community Resources Director Mary Rooney also responded to Council questions. Public participation opened at 9:38 P.M. Bill Dougherty - Arts Hermosa, said the possibility of corporate sponsorship had not materialized for this year; and that the biggest problem facing the organization was to get people out of the area at the close of the event and that was why these buses were necessary. Public participation closed at 9:39 P.M. Action: To direct staff to allow the use of Prop A or Prop C funds, for this year only, up to a maximum of 1,753.43. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. 8.REPORT ON THE MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT INITIATIVE FOR THE MARCH 1996 BALLOT. Memorandum from City Manager Stephen Burrell dated November 7, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the item. Motion Reviczky, second Benz. The motion carried, noting the dissenting vote of Edgerton. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.PROPOSED LETTER TO CONGRESSWOMAN JANE HARMAN CONCERNING FEDERAL TELECOMMUNICATIONS LEGISLATION. Memorandum from City Manager Stephen Burrell dated October 31, 1995. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the letter to Congress member Jane Harmon regarding City concerns about Federal Government usurpation of local zoning authority, use of rights of way, local taxing authority, allowing telephone companies to provide video programming and institutional networking, and to authorize the Mayor to sign on behalf of the City. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL None 11. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a.Request from Mayor Bowler to direct Planning Commission to reconsider restrictions regarding mixed use. Mayor Bowler spoke to his request. Action: To approve a sub-committee composed of Councilmembers Edgerton and Oakes to meet with two members of the Planning Commission and two members of the Downtown Business Area Enhancement District Commission to reconsider restrictions regarding mixed use. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. b.Request from Councilmember Reviczky for consideration of forming a sub-committee to work with other cities regarding the Beach Cities Health District. Councilmember Reviczky spoke to his request. Action: To approve a sub-committee composed of Councilmembers Benz and Reviczky to contact and work with other cities regarding the Beach Cities Health District. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. c.Request from Councilmember Reviczky for consideration of forming a sub-committee to express the City's position on the California Water Service rate increase. Councilmember Reviczky spoke to his request. Action: To approve a sub-committee composed of Councilmembers Benz and Reviczky to review available information in order to express the City's position on the California Water Service Company's proposed rate increase of 18 percent next year. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. d.Request from Councilmember Reviczky for approval of the Beach Cities Toy Drive and authorization for placement of a toy collection bin in the City Hall parking lot and the use of the Clark Building for the wrapping party. Action: To approve the Beach Cities Toy Drive and authorize the placement of a toy collection bin in the City Hall parking lot and the use of the Clark Building for the wrapping party Motion Edgerton, second Oakes. The motion carried by a unanimous vote. e.Request from Councilmember Benz to direct Downtown Enhancement Commission to study feasibility of installing submersible pumps in storm drains to allow merchants to clean sidewalks. Councilmember Benz spoke to his request. Action: To direct the Public Works Department to study the feasibility of installing submersible pumps in storm drains in order to allow merchants to clean their sidewalks. Motion Benz, second Oakes. The motion carried by a unanimous vote. Councilmember Reviczky said that new and unused toys were being sought again this year for the Beach Cities Toy Drive, held in conjunction with Manhattan Beach. Mr. Reviczky said that over 10,000 toys had been collected and distributed to needy children in the past three years. He thanked everyone who had helped with the drive in the past, said donations could be left in the bin at City Hall and that there would be a wrapping party on Saturday, December 23, 1995 at Clark Stadium, with everyone invited to attend and participate. City Manager Burrell announced that there had been a request to place a Nativity Scene on Greenwood Park again this year (December 10-31, 1995), which was being allowed with the condition that other faiths could also use the site. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, objected to the signal on Aviation at Ocean Drive; spoke of traffic accidents on Aviation Boulevard; Parker Herriott - Hermosa Beach, said that contrary to remarks that had been made, he had not left the City; said that the former Biltmore Park, now renamed Noble Park, should have lighting after dark; said there were safety problems at the park, the berms were too high; asked the City Attorney to review the Ordinance creating the park to verify compliance; and, Jim Lissner - 376-4626, spoke regarding the downtown bars; said he was opposed to the granting of any further liquor licenses as the City was actually losing money due to the increased incidents requiring Police intervention; cited 13 major incidents requiring the Police this year, six of which caused injury to Police Officers; said the sales tax was actually down one percent from the same period last year and submitted a fact sheet. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 14, 1995 at the hour of 10:16 P.M. to the Regular Meeting of Tuesday, November 28, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 28, 1995, at the hour of 7:17 P.M. PLEDGE OF ALLEGIANCE - John Workman, City Treasurer ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None CANVASS OF VOTES AND INSTALLATION OF OFFICERS. Memorandum and Resolution for adoption from City Clerk Elaine Doerfling dated November 20, 1995. Action: To adopt Resolution No. 95-5785, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 7, 1995, DECLARING THE RESULTS AND SUCH OTHER MATTER AS PROVIDED BY LAW." Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Deputy City Clerk Naoma Valdes gave the oath of office to re- elected City Clerk Elaine Doerfling. Mrs. Doerfling thanked everyone for their support and for allowing her to serve the community. City Clerk Elaine Doerfling gave the oath of office to elected City Treasurer John M. Workman. Mr. Workman thanked the citizens for their confidence in him and for giving him the opportunity to serve. City Clerk Elaine Doerfling gave the oath of office to re- elected Member of the City Council Sam Y. Edgerton. Mr. Edgerton thanked all of the people who supported him and gave special thanks to his wife, Joanne. He said that he had enjoyed the time he had spent with the City, but knew there were difficult times ahead regarding upcoming litigation. City Clerk Elaine Doerfling gave the oath of office to re- elected Member of the City Council Robert Benz. Mr. Benz thanked everyone who had worked for him and said that he was truly humbled by the whole process. He said that he was thankful for being able to live here and, "There's no place like home." RECESS The meeting recessed at the hour of 7:32 P.M. The meeting reconvened at the hour of 7:52 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (f) Benz. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Meeting held on November 2, 1995; and, 2)Minutes of the Regular Meeting held on November 14, 1995. Action: To approve the minutes of the Adjourned Regular Meeting of November 2, 1995 and the Regular Meeting of November 14, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 4697 THROUGH 4711 INCLUSIVE, NOS. 4881 THROUGH 4887 INCLUSIVE, NOS. 5025 AND 5026, AND NOS. 5034 THROUGH 5155 INCLUSIVE, NOTING VOIDED CHECK NOS. 5034 THROUGH 5042 INCLUSIVE AND NOS. 5082 AND 5092. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 1995, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the October, 1995, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24303 FOR A 3-LOT SUBDIVISION AT 1155 & 1157 - 9TH STREET.Memorandum from Community Development Director Sol Blumenfeld dated November 21, 1995. Action: To adopt Resolution No. 95-5786, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24303 FOR A THREE-LOT SUBDIVISION PROJECT LOCATED AT 1155 AND 1157 NINTH STREET, HERMOSA BEACH, CALIFORNIA." (f) RECOMMENDATION TO APPROVE THE USE OF ROOM 13 IN THE COMMUNITY CENTER AS AN EMERGENCY OPERATIONS CENTER (EOC) AND FOR LIMITED RECREATION PROGRAM USE, AND ADJUST THE COMMUNITY RESOURCES BUDGET TO REFLECT A REDUCTION OF 14,000 ANNUALLY IN THE LEASE REVENUE ACCOUNT. Memorandum from Community Resources Director Mary Rooney dated November 20, 1995. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Fire Chief Pete Bonano responded to Council questions and said that there was a State mandate to have an Emergency Operations Center and that this room was ideal due to its location, size and proximity to areas that could house people in an emergency situation. City Manager Burrell and Police Chief Val Straser also responded to Council questions. Action: To approve the staff recommendation to; 1)approve the use of Room 13, in the Community Center, as an Emergency Operation Center (EOC) and for limited recreation program use; and, 2)adjust the Community Resources budget to reflect a reduction of 14,000 annually in the lease revenue account. And, with the direction to staff to investigate the possibility of using government surplus goods for the generator and supplies, and to return to Council with a report on the cost options. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. (g) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE MUNICIPAL TREASURER'S ASSOCIATION WORKSHOP. Memorandum from City Treasurer John Workman dated November 20, 1995. Action: To approve the staff recommendation to receive and file the City Treasurer's report on the Municipal Treasurer's Association Workshop. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1995. Action: To approve the staff recommendation to receive and file the Action Minutes from the Planning Commission meeting of November 21, 1995. 2.CONSENT ORDINANCES - None At 7:54 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) was heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 8:45 P.M. the order of the agenda was moved to item 7. PUBLIC HEARINGS 4.a)ADOPTION OF THE 1994 UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR BUILDING CONSERVATION, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE AND THE 1993 NATIONAL ELECTRICAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated October 24, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M. Action: To introduce Ordinance No. 95-1142, as an urgency Ordinance. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None Further Action: To waive further reading of Ordinance No. 95-1142, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTERS 7,11 AND 24 OF THE CITY CODE IN THEIR ENTIRETY AS THEY RELATE TO BUILDING, ELECTRICAL AND PLUMBING REGULATIONS AND ADOPTING THE UNIFORM BUILDING CODE, 1994 EDITION, AND THE APPENDICES THERETO; THE UNIFORM MECHANICAL CODE, 1994 EDITION, AND THE APPENDIX THERETO; THE UNIFORM HOUSING CODE, 1994 EDITION, UNIFORM CODE FOR BUILDING CONSERVATION, 1994 EDITION, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE UNIFORM PLUMBING CODE, 1994 EDITION, AND THE APPENDICES THERETO, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS AND THE NATIONAL ELECTRICAL CODE, 1993 EDITION (INCLUDING UNIFORM ADMINISTRATIVE CODE PROVISIONS) AND THE APPENDICES THERETO, PROMULGATED AND PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, AND DECLARING THE URGENCY THEREOF." Motion Reviczky, second Benz. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None Further Action: To adopt Ordinance No. 95-1142. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None Final Action: To adopt Resolution No. 95-5787, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE AND NATIONAL ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 95-1142, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS." Motion Reviczky, second Oakes. The motion carried by a unanimous vote. b)ADOPTION BY REFERENCE OF THE 1994 UNIFORM FIRE CODE AND THE UNIFORM FIRE CODE STANDARDS AS AMENDED. Memorandum from Fire Chief Pete Bonano dated November 22, 1995. Fire Chief Bonano presented the staff report and responded to Council questions. The public hearing opened at 8:01 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:01 P.M. Action: To introduce Ordinance No. 95-1143, as an urgency Ordinance. Motion Edgerton, second Reviczky. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Further Action: To waive further reading of Ordinance No. 95-1143, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12 OF THE HERMOSA BEACH MUNICIPAL CODE IN ITS ENTIRETY, ADOPTING BY REFERENCE THE 1994 EDITION OF THE UNIFORM FIRE CODE, INCLUDING ALL APPENDICES THERETO, AND THE UNIFORM FIRE CODE STANDARDS, AS AMENDED, AND DECLARING THE URGENCY THEREOF." Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Final Action: To adopt Ordinance No. 95-1143. Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 5.TEXT AMENDMENT TO MUNICIPAL CODE SECTION 29-38(1)j REGARDING PRIVATE PARKING ON PUBLIC RIGHT-OF-WAYS. Memorandum from Community Development Director Sol Blumenfeld dated November 28, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:07 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:07 P.M. Action: To introduce Ordinance No. 95-1144. Motion Benz, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Final Action: To waive further reading of Ordinance No. 95-1144, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38(1)j TO ALLOW ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY TO SATISFY SPECIFIED ZONING ORDINANCE PARKING REQUIREMENTS." Motion Benz, second Reviczky. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 6.TEXT AMENDMENT TO MODIFY THE PLANNING COMMISSION APPEAL PROCESS.Memorandum from Community Development Director Sol Blumenfeld dated November 20, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:17 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:17 P.M. Action: To introduce Ordinance No. 95-1145, as amended on page two: 1)Section 1(b) by deleting the text that reads, " The Council may, within seven (7) days of the Commission's action, by an affirmative vote of three (3) members... " to read, "The Council may, at its next regularly scheduled meeting after the Commission's action, by an affirmative vote of two (2) members..."; and, 2)Section 1(d) by deleting the number 30 days and inserting 40 days in its place. Motion Edgerton, second Reviczky. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Final Action: To waive further reading of Ordinance No. 95-1145, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTION 1403b,1409. AND 1435 OF THE ZONING ORDINANCE AND SECTION 2-2.27, AND 2-2.28 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR CITY COUNCILS RECONSIDERATION OF PLANNING COMMISSIONS DECISIONS." Motion Reviczky, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None At 8:22 P.M. the order of the agenda was returned to item 3 in order to hear consent calendar item 1(f). MUNICIPAL MATTERS 7.REPORT ON SIDEWALK REQUIREMENTS ON CAMPANA STREET. Memorandum from Public Works Director Amy Amirani dated November 21, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 8:55 P.M. Coming forward to address the Council on this item were: Jim Lemont - 1516 Campana Street, said that none of the houses on Campana had curbs, gutters or sidewalks and there had been no flooding problems during the heavy January rains, except for one garage that was below the street level; asked that curbs not be required as they would cause water drainage problems between the house that had curbs and the rest that did not; said swales or gutters would be acceptable; and, Richard Thompson - 1512 Bonnie Brae, said he was a grading contractor; said that the requirement to put in curbs would raise the grade level of that property and cause flooding to the neighboring properties; said this was the case with properties that had been required to put in curbs on Bonnie Brae; requested that curbs not be required. Public participation closed at 9:05 P.M. Action: To approve the staff recommendation to exempt Campana Street from the streets requiring sidewalks. Motion Reviczky, second Benz. The motion carried by a unanimous vote. Final Action: To require the installation of a concrete swale or "crickets" for all new or remodeled structures on Campana Street. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Benz. 8.CROSSING GUARD PROGRAM. Memorandum from City Manager Stephen Burrell dated November 20, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:15 P.M. Coming forward to address the Council on this item were: Amy Disparte - Prospect Avenue, said that Pacific Coast Highway is a six lane main artery with traffic flowing 50 miles per hour, or above, at times and that school children should not be used as crossing guards as it was too dangerous; said this was clearly a safety issue for the City and not a School District issue; suggested that the City use C.D.B.G. funds as this was a legal use of the money; John Burt - 1152 Seventh Street, said the School District should help pay for the crossing guards; said the PTA could do fundraising, or off duty Police Officers could be used; and, Bernice McMann - 14th Street, said that Hermosa Beach had special crossing problems due to the high volume of traffic and the vehicle speed on some streets; said professional crossing guards should be used on Valley, Pier and P.C.H.; said that students were not the answer as you could not depend upon youngsters to always show up when scheduled. Public participation closed at 9:30 P.M. Action: To direct staff to return with possible funding alternatives and program changes to reduce costs, such as the use of high school seniors or senior citizen volunteers for the Regular Meeting of December 12, 1995 and to appoint a sub-committee composed of Councilmembers Edgerton and Reviczky, along with City Manager Burrell, to meet with a sub-committee from the School Board and School Superintendent Gwen Gross in order to see if there is some consensus on a method of cutting costs and funding the program and to report back to Council for the Regular Meeting of January 9, 1996. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. The meeting recessed at the hour of 9:37 P.M. The meeting reconvened at the hour of 9:50 P.M. noting the absence of Councilmember Benz. 9.COMMUNITY CENTER GYMNASIUM FLOOR REFURBISHMENT: AWARD OF BID; ACCEPTANCE OF 4,000 DONATION AND APPROVAL FOR CENTER COURT LOGO PLACEMENT.Memorandum from Community Resources Director Mary Rooney dated November 21, 1995. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:51 P.M. Burk Bussiere - Executive Director of the Hermosa Beach Youth Basketball League, presented a donation check in the amount of 4,000, which was gratefully accepted by Mayor Bowler; said the organization has over 100 volunteers and is totally self supporting through fees and donations; said the program currently has 550 youths from kindergarten through eighth grade enrolled; said that the roof does leak and the scoreboard wiring needed to be placed under the court and that the League would help with those costs as well; and said that the first choice for the League was its own logo. Public participation closed at 10:01 P.M. Councilmember Benz returned at the hour of 10:07 P.M. Action: To approve the staff recommendation, as amended, to: 1)accept the donation, with the City's gratitude, of 4,000 from the Hermosa Beach Youth Basketball League toward the resurfacing of the Community Center Gymnasium floor; 2)approve the placement of the League's second preference (Hermosa Beach logo with Hermosa Beach Youth Basketball on the outer rim) as the center court logo; 3)award the bid to Manhattan Hardwood Floors for 7,724.00, authorize the Mayor to execute and the City Clerk to attest to the agreement subject to approval by the City Attorney, direct the City Clerk to reject all other bids, and authorize the Director of Public Works to make minor changes within budget and to accept the project as complete on behalf of the City upon completion of work; 4)appropriate 4,000 from the Park and Recreation Tax Fund for the project; and, 5)with the direction to staff to have a proclamation made to thank the Youth Basketball League and its sponsors for their donations over the years, both in time and money. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 10. STANDARDS FOR REVIEW OF ABC PERMITS REQUIRING THE CITY COUNCIL TO MAKE THE DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY".Memorandum from City Manager Stephen Burrell dated November 14, 1995. At the hour of 10:10 P.M., Mayor Bowler declared a potential conflict of interest due to owning a business that was under review by the ABC and left the dais and the room. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to allow the Conditional Use Permit process to be the standard of review in the event an application for determination of "public convenience or necessity" is referred to the City by the ABC. Motion Edgerton, second Benz. The motion carried, noting the absence of Mayor Bowler. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENTS: Mayor Bowler returned at 10:14 P.M. Councilmember Reviczky announced that new unwrapped toys for the Third Annual Toy Drive could be left at the Hermosa Beach Fire Department or with the Chamber of Commerce, and that the deadline and wrapping party would be at Clark Stadium on Sunday, December 17, 1995 from 10:00 A.M. until the gift wrapping was completed. Councilmember Benz suggested that new businesses receive letters signed by the Mayor welcoming them to Hermosa Beach as is done in El Segundo. Mayor Bowler announced that tonight's meeting would be adjourned in memory of Linda Sobek, Hermosa Beach resident, and in memory of Bob Rooney, father of Community Resources Director Mary Rooney. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION: The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. CONFERENCE WITH LEGAL COUNSEL: 1)Initiation of Litigation: Pursuant to Government Code Section 54956.9(c) - one potential case. 2)City Attorney Michael Jenkins announced that the City Council needed to add an additional case, pursuant to Government Code Section 54956.9(a), Pending Litigation: Terra v. City of Hermosa Beach, case #YC021668, on an emergency basis, since the matter was set for a court hearing on Monday. Action: To add case #YC021668, Terra v. City of Hermosa Beach to the closed session agenda. Motion Benz, second Reviczky. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 28, 1995 at the hour of 10:22 P.M. to the closed session. At the hour of 11:35 the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 28, 1995 at the hour of 11:36 P.M. to the Regular Meeting of Tuesday, December 12, 1995 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 12, 1995, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Mary Rooney, Community Resources Director ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT: Councilmember Reviczky announced: 1)the Beach Cities Toy Drive was actively collecting toys at the Fire Departments and Chambers of Commerce in both Hermosa Beach and Manhattan Beach, also that many businesses in both cities were collecting new, unwrapped toys that would be wrapped on Sunday, December 17, 1995 at the Clark Building on Valley Drive in Hermosa Beach starting at 10:00 A.M.; and, 2)that FirstNIGHT '96 would be held in downtown Hermosa Beach on New Year's Eve; that there were many, many venues; and encouraged the community to come to the downtown to celebrate a family New Year. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Roger Bacon - 1100 Pacific Coast Highway, announced the Grand Opening of Starbucks on Saturday, December 16, 1995, suggested that participants bring a toy or make a 5 donation to the Beach Cities Toy Drive which would be collected at Starbucks; asked if the City Council would allow and help with the cost of a Parade on Saturday, December 16, 1995, said the entire Redondo High School Marching was available (the cost would be 1,000, he said that an auto dealer would donate 500, Councilmembers Benz and Edgerton 100 each, and Mr. Bacon the balance of 300); said that he would get the donation of the automobiles, supply the elephant, take care of the publicity and provide liability for the elephant. City Attorney Michael Jenkins responded to Council questions and said that if the City allowed the Parade it would be a City sponsored Parade and the City's liability if anything happened. Mr. Jenkins also said that this item had not been placed on the posted agenda and would require a four/fifths vote to place it on the agenda in order to take any action. Action: To place this item, which came to the attention of the City after the agenda was posted, on the agenda later in the evening for further discussion and possible action. Motion Benz, second Edgerton. The motion carried by a unanimous vote. Continuing to come forward to address the Council were: Bill Daugherty - Arts Hermosa, displayed a banner made by Mrs. Hancock's class for FirstNIGHT, said that many school classes had made banners for the event; said that the buttons which allowed entry to the events were now on sale in the three beach cities at a pre-event cost of 8 that would go to 10 if purchased on New Year's Eve; and said that there would be 18 venues that would feature 37 performing groups with all musical tastes represented; and, John Burt - 1152 Seventh Street, said the parade was a fabulous idea and requested to speak on items 2(b) and 8. (b) WRITTEN COMMUNICATION: 1.Letter from Stephen Mouton dated December 4, 1995 requesting a permit to allow a Mozart Coffee & Specialty Espresso cart at a specific location at the base of the Hermosa Beach Pier. Coming forward to address the Council on this item was: Stephen Mouton - representing Mozart Coffee & Specialty Espresso carts, spoke to his request. Action: To direct staff to study the implications of licensing vending carts in the downtown area, noting the Councils concerns regarding: 1)the percentage of the net versus the gross; 2)preference to established merchants of the area; 3)storage sites when the carts are not in use; and, 4)review the procedures of other cities and the possibility of offering the sites to the highest bidder, and return to Council with a report. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. At 7:53 P.M. the order of the agenda was suspended to go to public hearing item 4. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (f), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Reviczky Motion Edgerton, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 2)Minutes of the Regular meeting held on November 28, 1995. Action: To approve the minutes of the Regular Meeting of December 28, 1995 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5163 THROUGH 5321 INCLUSIVE, NOTING VOIDED CHECKS NOS. 5163 THROUGH 5194 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated December 4, 1995. Name of Claimant: Dominique Calzia Date of Claim: 05/13/95 Date Filed: 11/13/95 Allegation: alleges unsafe condition on Strand Bike Path near 24th Street (crack in sidewalk) caused claimant to fall while rollerblading. Action: To deny the claim and refer it to the City's liability claims administrator. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON NOVEMBER 15, 1995. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to concerns with roller hockey safety. Community Resources Director Mary Rooney responded to Council questions and said that there was the possibility of using the inside surface of the boards around the roller hockey rink for advertising purposes at 1,000 per board for 50 boards annually, and that staff and the Commission were in the process of working out scheduling for the rink. Action: To direct staff to put permanent boards around the roller hockey rink for safety. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. Final Action: To direct staff to develop a programming policy for usage of the roller hockey facility that would give first priority to the hours for youth leagues and clinics. Motion Reviczky, second Mayor Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON DECEMBER 5, 1995. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting held on December 5, 1995 2.CONSENT ORDINANCES (a) ORDINANCE NO. 95-1144 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38(1)j TO ALLOW ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY TO SATISFY SPECIFIED ZONING ORDINANCE PARKING REQUIREMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 1995. Action: To adopt Ordinance No. 95-1144. Motion Reviczky, second Edgerton. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None (b) ORDINANCE NO. 95-1145 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND SECTIONS 1403b, 1409 AND 1435 OF THE ZONING ORDINANCE AND SECTIONS 2-2.27 AND 2-2.28 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR CITY COUNCIL'S RECONSIDERATION OF PLANNING COMMISSION'S DECISIONS." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 30, 1995. Action: To adopt Ordinance No. 95-1145. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(e) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.TEXT AMENDMENT TO REVISE ARTICLE 7.2, DIVISION 3. CONSTRUCTION, MAINTENANCE AND DEVELOPMENT - COMMERCIAL/INDUSTRIAL CONDOMINIUMS (TO AMEND PARKING AND UTILITY METER REQUIREMENTS).Memorandum from Community Development Director Sol Blumenfeld dated December 5, 1995. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions and said that a commercial condominium is an office building or retail store that sells its offices or departments rather than leasing them. The public hearing opened at 8:01 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:01 P.M. Action: To introduce Ordinance No. 96-1146, as amended to correct the section number typos that appeared in lines 25 and 27 of the first page and line 1 of the second page. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1146, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DESIGN STANDARDS FOR COMMERCIAL CONDOMINIUMS.2 Motion Reviczky, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None At the hour of 8:04 P.M. the order of the agenda was returned to the consent calendar, item 1. MUNICIPAL MATTERS 5.AMENDMENTS TO HERMOSA BEACH MUNICIPAL CODE SECTION 19-1 REGARDING "HOLIDAYS" AS IT PERTAINS TO PARKING ENFORCEMENT. Memorandum from City Manager Stephen Burrell dated December 7, 1995. City Manager Burrell presented the staff report and responded to Council questions saying that this pertained only to General Services employees. Action: To introduce Ordinance No. 96-1147 . Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1147, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING CITY HOLIDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE.2 Motion Reviczky, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None City Manager Burrell said there would be a report on the parking study at the next meeting, to be held on Tuesday, January 9, 1996. 6.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.UPDATE ON LEAGUE OF CALIFORNIA CITIES LIBRARY TASK FORCE. Oral report from City Manager Stephen Burrell. City Manager Burrell reported on the Library Task Force meeting last Thursday in Alhambra. He said that there were 12 cities represented at the meeting but there were 35 to 40 cities that had participated in the study and that most were interested in making headway with the County system. Mr. Burrell said the points of interest included: 1)sponsoring state legislature that would allow cities to keep the portion of the property tax (currently going to the counties) paid by residents for library services; 2)clustering of cities that will band together either to stay with the County or to become independent entities; and, 3)allowing non-profit groups to retain ownership of books or equipment donated for library use. Mr. Burrell said that most cities that had analyzed the figures supplied by the library had concluded, as had Hermosa Beach, that an independent library could be run at a 40 percent savings. He also said the next meeting was tentatively set for mid January in Agora Hills. The meeting recessed at the hour of 8:28 P.M. The meeting reconvened at the hour of 8:40 P.M. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL Item added by the City Council regarding a Proposed Parade on Saturday, December 16, 1995. City Manager Burrell responded to Council questions. Police Chief Val Straser also responded to Council questions and said that the approximate cost to the City for overtime hours for the Police and the Public Works Departments would be 1,000. Action: To authorize the appropriation of the cost of overtime pay to the Police Officers and Public Works staff needed, with the understanding that it would be a City sponsored parade on Saturday, December 16, 1995, and the route would be determined by staff. Also, with the understanding that Roger Bacon would be responsible for all other costs and for providing the Redondo High School Marching Band, the automobiles, the elephant, and the publicity for the parade. Motion Oakes, second Edgerton. The motion carried, noting the dissenting votes of Reviczky and Mayor Bowler. 8.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Mayor Bowler for consideration of appointing the initial board for Vision Hermosa. Mayor Bowler spoke to his request. Proposed Action: To place this matter on the agenda to create a board to interface with the various downtown groups relating to the scope of work, funding, scheduling, etc. for the downtown projects. Motion Mayor Bowler, second Reviczky. As there were three dissenting opinions presented, the motion was withdrawn by the maker and the second. b)Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether they are meeting the City Council's goals. Action: At the request of Councilmember Benz, this item was continued to the Regular Meeting of January 9, 1996. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, concerned that the Downtown Business Area Enhancement District Commission stay intact; and, Patricia Spiritus - 1610 The Strand, gave an update on the activities of the Downtown Merchants Association, and of the Downtown Business Area Enhancement District Commission which has a joint meeting scheduled in February, 1996, with the Parks, Recreation and Community Resources Advisory Commission. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION: 1)PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code Section 54957, evaluation of the City Manager. 2)City Attorney Jenkins announced that an item had come up since the posting of the agenda regarding the threat of litigation, pursuant to Government Code Section 54956.9(b), from an attorney representing the Travelodge concerning collection of delinquent Transient Occupancy Taxes (TOT),and needed a motion and four affirmative votes to be placed on the closed session agenda. Action: To add an emergency item regarding threatened litigation to the closed session agenda since the item came up after the posting of the agenda. Motion Benz, second Edgerton. The motion carried by a unanimous vote. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 12, 1995 at the hour of 9:39 P.M. to the closed session. At the hour of 10:20 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 12, 1995 at the hour of 10:21 P.M. to the Regular Meeting of Tuesday, January 9, 1996 at the hour of 7:00 P.M. *********************************************************************