********************************************************************** 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 Edgert