MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 9, 1996, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Robert Essertier, resident ROLL CALL: Present: Benz, Oakes, Reviczky, Mayor Bowler Absent: Edgerton PRESENTATIONS: OUTSTANDING EMPLOYEE AWARD Robert Thomas, Meter Technician Mayor Bowler presented the Outstanding Employee Award for the 1st Quarter FY 1995-96 to Robert Thomas, Community Services Department Meter Technician, for his sustained job performance, which has been well above set standards, and his willingness to volunteer in emergency situations. Mr. Thomas thanked everyone for the honor and gave special thanks to Police Chief Straser and Sergeant Tom Thompson. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Robert Essertier - Hermosa Beach, said he had sent a letter to the Council explaining an inexpensive E-mail service that he had created using the internet; said he would be willing to give every Hermosa citizen a free account if the City could subsidize the out-of-pocket phone costs estimated at 10,000 per year; said if the Council was interested he would prepare a more formal and detailed proposal for a future agendized item (Mayor Bowler said that he would like to speak with Mr. Essertier on an informal basis before a proposal is brought forth and invited all other Councilmembers to do the same.); Doris Nicholson - Kenny Nicholson Foundation, presented a plaque to Mayor Bowler for the City's involvement in the 1995 Christmas Toy Drive which had produced donated toys for 350 homeless children and thanked the citizens and the Councilmembers who had volunteered toys, time and services; and, Dragana Bajalovic - FirstNight Director, said she wished to thank everyone for the wonderful support they had given to FirstNight 96, that the event had doubled from the last year; gave special thanks to Mayor Bowler, the Police, Fire and Public Works Departments and to Mike Flaherty, Public Works Superintendent. ANNOUNCEMENTS: Councilmember Reviczky said that this year's toy drive had been the most successful to date and that toys had been given to nine organizations for distribution to needy children; thanked the Fire Department and all who had collected toys; thanked the 40 people who had helped to wrap the toys; and thanked the Womens Club, B.F.I., Pacific Screen Print and the Chamber of Commerce for cash donations. Mayor Bowler announced that there would be a Grand Opening Celebration for South Park this Saturday, January 13, 1996 starting at 10:00 A.M. Community Resources Director Mary Rooney said that everyone was invited to the park at 425 Valley Drive and there would be in-line skating instructions and demonstrations sponsored by ROLLERBLADE (with equipment provided), games and a picnic. (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: (b) Benz, (d) Benz and (e) Oakes. Motion Benz, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on December 12, 1995. Action: To approve the minutes of the Regular Meeting of December 12, 1995 as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5027 THROUGH 5033 INCLUSIVE, NOS. 5156 THROUGH 5162 INCLUSIVE AND NOS. 5329 THROUGH 5527 INCLUSIVE, NOTING VOIDED CHECK NOS. 5031, 5032, 5329 THROUGH 5346 INCLUSIVE AND 5347 THROUGH 5418 INCLUSIVE. AND, TO APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the worker's compensation payment and private ambulance transport payment. City Manager Stephen Burrell responded to Council questions saying the worker's compensation payment was into the trust fund account and he would return with an answer regarding the private ambulance transport payment. Action: To ratify the check register as presented. Motion Benz, second Reviczky. The motion carried, noting the absence of Edgerton. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER 1995 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding the 35,000 phone charges for the Police Department, but said that he would speak to the City Manager at a later time for a response. Action: To receive and file the November, 1995 Financial Reports as presented. Motion Benz, second Oakes. The motion carried, noting the absence of Edgerton. (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 20, 1995. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting due to questions regarding removal of the barbecues at Valley Park and the review of CIP projects by some Commission. Community Resources Director Mary Rooney responded to Council questions saying that the barbecues were to be repaired and then replaced in areas that would not impinge upon current sports fields. City Manager Burrell said that currently the Planning Commission does review CIP projects as required by State law. Action: To receive and file the Action Minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 20, 1995. Motion Oakes, second Reviczky. The motion carried, noting the absence of Edgerton. (f) Recommendation to receive and file the action minutes from the Downtown Enhancement Commission meeting of January 3, 1996. Action: To receive and file the Action Minutes from the Downtown Business Area Enhancement District Advisory Commission meeting of January 3, 1996. (Edgerton absent) (g) Recommendation to adopt a resolution acknowledging the receipt and filing of the Annual Statement of Investment Policy for the City of Hermosa Beach. Memorandum from City Treasurer John Workman dated January 3, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5788, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1996." (Edgerton absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1146 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DESIGN STANDARDS FOR COMMERCIAL CONDOMINIUMS." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 20, 1995. Action: To adopt Ordinance No. 96-1146. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Edgerton b.ORDINANCE NO. 96-1147 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING CITY HOLIDAYS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated December 20, 1995. Action: To adopt Ordinance No. 96-1147. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Edgerton 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (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 4.1994-95 ANNUAL FINANCIAL STATEMENTS AND AUDIT REPORTS Memorandum from Finance Director Viki Copeland dated December 19, 1995. a.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1994- 95, INCLUDING REPORT FROM INDEPENDENT AUDITOR. b.RECOMMENDATION TO MANAGEMENT FROM INDEPENDENT AUDITOR. This item was continued to the Regular Meeting of January 23, 1996 at the request of staff. 5.STUDY OF PIER AVENUE PARKING FROM PACIFIC COAST HIGHWAY TO HERMOSA AVENUE. Memorandum from Public Works Director Amy Amirani dated December 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 7:55 P.M.As no one came forward to address the Council at this time public participation closed at 7:55 P.M. Action: To receive and file the report. Motion Oakes, second Reviczky. The motion carried, noting the absence of Edgerton. 6.DOWNTOWN MAINTENANCE AND MUNICIPAL PIER MAINTENANCE CONTRACTS FOR THE CITY OF HERMOSA BEACH. Memorandum from Public Works Director Amy Amirani dated December 27, 1995. Public Works Director Amirani presented the staff report and responded to Council questions saying that the City had the option of stopping the contract at any time and that there were daily inspection reports given to the City by the work crews of any problem that they had encountered that needed the City's attention. City Manager Burrell also responded to Council questions saying that it was possible to coordinate these contracts and the City street sweeping contract to end at the same time and be bid together in the future. Public participation opened at 8:10 P.M.As no one came forward to address the Council on this item, the public participation closed at 8:10 P.M. Action: To approve the staff recommendation to: 1)Approve and authorize the Mayor to sign a contract for the above maintenance work with Allpoints Maintenance and Specialty Maintenance, Inc. for two and one half years, starting January 1, 1996, until June 30, 1998, for total amounts of 24,230.00 and 118,975.00 respectively; 2)Appropriate an additional 3,871.00 to cover additional expenses: 645.00 to Street Maintenance/Traffic Safety, Account #001-3104-4201 and 3,226.00 to Downtown Enhancement, Account #109- 3301-4201; 3)Direct the City Clerk to reject all bids after the City Council awards the contract; 4)With the addition of two amendments to the contract of: a)a clause that would allow the suspension of work (and payments) during the period that the downtown area is under construction or allow the work to be transferred to another area, if available, during construction in the downtown area; and, b)a clause that would allow the contracts to end concurrently with the street sweeping contract; and, 5)With the direction to staff to develop the special event contracts to include steam cleaning of the sidewalks after the events. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 7.AGREEMENT WITH HERMOSA BEACH CHAMBER OF COMMERCE FOR FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated January 4, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:14 P.M. Coming forward to address the Council on this item were: Jerry Newton - 53 Pier Avenue, Chamber of Commerce President, asked that it be made clear that that Fiesta vendors with a current Hermosa Beach Business License also were excluded from the 25 fee to the City, as it was not listed in item 1(c) of the contract; Patricia Spiritus - 58 Eleventh Street, said she was presenting a petition to the Chamber to have no vendors directly in front of a business' door and to change the flow of the pedestrians in order to open the sidewalks more; Susan Blaco - Fiesta volunteer, said that the Chamber brought in the largest crowds of the year and it was in everyone's best interests to have the Fiestas be successful; asked when the Council had last seen a merchant sweep in front of his store; Carol Hunt - Chamber of Commerce Executive Director, said that downtown merchants were given first chance to have a space in front of their stores and that many did so; and said that it was in the best interests of not only the visitors but also the vendors to have the sidewalks clear behind the booths and that volunteers tried to monitor this but were not always successful. Public participation closed at 8:20 P.M. City Attorney Michael Jenkins responded to Council questions saying that this was a change that could be included in the contract if it was the Council's intent to exclude Hermosa businesses from the 25 fee. Action: To approve the staff recommendation to: 1)Approve the agreement between the City and the Hermosa Beach Chamber of Commerce for the Chamber to produce two "Fiesta de las Artes" per year from 1996 to 2000, provide for annual review, provide for payment by the Chamber of 25 per for profit vendor to a maximum of 10,000 and payment of all direct costs to the City of Police , Public Works and sidewalk steam cleaning, with all other permits required to stage the events obtained annually through the Community Resources Department; and, 2)authorize the Mayor to execute the contract on behalf of the City as amended in Section 1, paragraph (c), second sentence to read, "...who provides CHAMBER written proof of its non-profit status or current Hermosa Beach business license." Motion Oakes, second Mayor Bowler. The motion carried, noting the absence of Edgerton. 8.DOWNTOWN IMPLEMENTATION STATUS REPORT. Memorandum from City Manager Stephen Burrell dated January 4, 1996. City Manager Burrell presented the staff report and responded to Council questions.. Action: To approve the staff recommendation to: 1)Receive and file report; and, 2)Direct City Manager to return to the City Council with draft agreements with L.A. County and hotel developers as soon as possible. Motion Benz, second Oakes. The motion carried, noting the absence of Edgerton. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FROM THE AMERICAN LUNG ASSOCIATION TO ADOPT RESOLUTION SUPPORTING PLAN TO REDUCE SMOKING AMONG CHILDREN. Memorandum from City Manager Stephen Burrell dated January 2, 1996. City Manager Burrell said this item was on the agenda for the Council's consideration. Action: To receive and file the request. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 11. OTHER MATTERS - CITY COUNCIL - None Councilmember Benz said that his item from the last meeting of December 12, 1995, regarding the re-evaluation of the Planning Commission and possible appointment of new members had been continued to this meeting, but had inadvertently been left off of the agenda. Mr. Benz asked the City Attorney if this matter could be discussed tonight. City Attorney Jenkins said that it could not be discussed tonight and that it would have to be placed on the agenda of the Regular Meeting of January 23, 1995. Councilmember Reviczky reported on the progress of the three temporary sub-committees, of which he is a member, as: 1)the Crossing Guard sub-committee will meet with a sub-committee from the Hermosa Beach School District as soon as a date can be finalized; 2)the Beach Cities Health District sub-committee will meet with members from Redondo Beach and Manhattan Beach next week; and, 3)the Water District sub-committee had met with California Water Service representatives and had attended the PUC meeting held in Hermosa Beach. Mr. Reviczky said the Water District had reduced its rate increase request from 18 percent to 7.7 percent for the first year. CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said that new people were needed on the Planning Commission; asked that Beach Drive be kept open; and said that two paramedic units should be sent out on emergency calls rather than one paramedic unit and the Fire truck ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: CONFERENCE WITH LABOR NEGOTIATOR: pursuant to Government Code Section 54957.6 - City Manager Stephen Burrell, negotiating for the City with: a)Hermosa Beach Firefighters Association; and, b)Teamsters Local 911. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 9, 1996 at the hour of 9:00 P.M. to the closed session. At the hour of 9:49 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 9, 1996 at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, January 23, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, January 18, 1996, at the hour of 7:40 P.M. PLEDGE OF ALLEGIANCE - Robert Benz, Councilmember ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ALSO IN ATTENDANCE: Stephen R. Burrell, City Manager and Naoma Valdes, Deputy City Clerk 1.REVIEW OF 1995 PLANNING SESSION. City Manager Burrell gave an overview of the progress made on the goals for 1995 and said that the continuing goals for 1996 included a deferred maintenance program for equipment and vehicles, downtown improvement and replacing the sewer system. Councilmember Reviczky spoke of accomplishments in 1995 and said that he was pleased with the number of new businesses coming into the City and then commended the restructured financial systems, the establishment of a vehicle replacement fund, and the lowered number of workman's compensation lawsuits. Mr. Reviczky then listed a number of accomplishments for each department, said he was very proud of the hard work done by City staff to produce these results and praised City Manager Burrell for his leadership. 2.1996 PLANNING GOALS AND DIRECTION. a)Councilmember goals for 1996. Councilmember Benz said he wanted a greater emphasis on customer service from the City staff, asked that guidelines for dealing with people be established in order to determine if all staff members were meeting the expectations set for them, said that City staff should never say no to a citizen/customer without an explanation, asked that a customer service kiosk be set up so that staff could be evaluated by the people they serve and wanted a five-day work week for City staff. Mr. Benz continued by saying he wanted to see the Municipal Code streamlined, to have special events integrated with the City in order to produce more business for the merchants, have cisterns and sump pumps placed in connection with storm drains in order to pump into the sanitary sewer system, inaugurate a resident volunteer program for emergencies, to have the computer LAN system up and functioning and to use the assets that the City has in order to produce revenue. Councilmember Edgerton agreed with Mr. Benz and added that he wanted to see the downtown area completed with the widening of the sidewalks and a parking structure behind the theatre that would not block anyone's view and to have special events coordinated through more Commissions such as beach events going to the Downtown Business Area Enhancement District Commission. Mr. Edgerton continued by saying that he would like another roller hockey rink at the Community Center in place of the tennis courts and that he wanted to find a method to fund the school crossing guards. Councilmember Oakes said that she agreed with the emphasis on providing training to the community for emergency preparedness and to the staff for customer service. Ms. Oakes also said that she would like to develop reasonable time-tables for long term projects and that she would like to see revitalization not just in the downtown but on Pacific Coast Highway and Aviation as well, as those were the areas that most people see. She continued by saying that she wished to encourage underground districts, develop an on-line network, require grease interceptors for restaurants and automotive shops, promote greater communication with the Commissions through more joint meetings and establish upgraded park maintenance through more careful pruning of the City owned trees, both in the parks and on the Greenbelt. Councilmember Reviczky agreed with many of the previous comments and said that grease traps on certain businesses would greatly extend the life of the City sewers; cisterns on storm drain lines to pump into the sewer system would reduce the contaminants from flowing into the ocean; and emphasized that the funding of the school crossing guards was a very important safety issue. Mr. Reviczky continued by saying he wished to see an overall parking plan developed, with year-round parking permits. He also stressed that the City needed to develop long term financing for some of its projects and to find alternate funding sources through grants, joint ventures and donations. Mayor Bowler said that he would like to see long-range plans developed for events and studies and cited the need for a workshop to create a comprehensive plan for the entire block that will contain the hotel, parking structure and theatre so that the area could be considered as a whole; he also cited the need for a Pacific Coast Highway/Aviation Boulevard task force to work on the revitalization of this important commercial area of the City; and he would like two City sponsored revenue producing events per year. Mayor Bowler listed the vehicle and equipment replacement fund and emergency preparedness as important continuing goals; said the funding to keep the Library open was a continuing problem; cited employee morale problems and said that the proposed incentive pay could help motivate employees to generate the type of customer service that the Council wanted; and, said that he would like to see Hermosa become a model city for electronic communication. Mr. Bowler closed his remarks by saying that he would like the Police Department crime statistics published to show the great job the department was doing; traffic studies to deter thru-traffic from using residential streets; more volunteer positions established; and, if the budget permitted, to expand Public Works by one position this next year. b)Review of 1995 goals list to eliminate those items that have been completed or are no longer relevant. Mayor Bowler read the list of 1995 goals to allow the Council to determine if there were any goals that the Council did not wish to retain. Action: To remove the goal titled, "PRIORITIZE REVIEW OF C.U.P. REQUIREMENTS" as this had been accomplished. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. Action: To remove the goal titled, "SUNSET CLAUSES ON NEW LAWS" as it had been determined that a sunset clause was not practical for most laws. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. Action: To amend the wording for the goal titled, "APPLY STRICT INTERPRETATION OF ZONING CODE AT PLANNING COMMISSION LEVEL" to read, "APPLY STRICT INTERPRETATION OF ZONING CODE TO THE ENTIRE PLANNING PROCESS." Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. Action: Mayor Bowler directed, with the consensus of the Council, that the City Manager examine the goal, "COMMUNICATION INFRASTRUCTURE, INCLUDING CONDUIT PIPELINES WHEN POSSIBLE" and to return with a report that delineates the conditions that would allow an extra conduit pipeline, for future use, to be placed in an open trench while repair work is being done. Action: To amend the wording of the goal titled, "ENCOURAGE NEIGHBORHOOD UNDERGROUNDING DISTRICTS" to read, "ENCOURAGE NEIGHBORHOOD UNDERGROUNDING DISTRICTS BY EXPLORING OPTIONS WITH SOUTHERN CALIFORNIA EDISON CO. AND WITH VARIOUS OTHER UTILITY COMPANIES." Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Councilmember Edgerton asked that entrance signs and holiday banners (that go across the street), for the Pacific Coast Highway area, be added to the goals list. Councilmember Oakes said that Pacific Coast Highway should be one of the Council's priorities and suggested that median strips be considered and that signage and a more attractive presentation be done at the Community Center. Mayor Bowler said that he would place the creation of a task force for Pacific Coast Highway on the agenda for the next meeting. 3.CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: a)PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code Section 54957 - City Manager ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, January 18, 1996 at the hour of 9:40 P.M. to the closed session. At the hour of 9:59 P.M. the closed session reconvened to the Special Meeting. ORAL ANNOUNCEMENTS: Action: To approve the recommendation of the sub- committee as presented and direct that it be placed on the agenda of the Regular Meeting of January 23, 1996, as an amendment to the City Manager contract effective January 1, 1996. The above action was taken by unanimous agreement of the City Council. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, January 18, 1996 at the hour of 10:00 P.M. to the Regular Meeting of Tuesday, January 23, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 23, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Charlotte Lesser, Beach Cities Health District ROLL CALL: Present: Benz, Oakes, Reviczky, Mayor Bowler Absent: Edgerton (arrived at 7:33 P.M.) ANNOUNCEMENTS: Mayor Bowler announced that he had attended the Association of Retarded Citizens (ARC) luncheon to accept plaques from Assemblymember Bowen and State Senator Dills on behalf of the City's contributions to ARC. Mayor Bowler also asked that the Council consider placing an urgency item on the agenda to voice the Council's opposition to Assembly Bill (AB) 855 sponsored by Assemblymember Caldera and signed by the Governor, which would form an assessment district to place a special assessment on businesses, with the funds derived being placed under the administration of the Los Angeles Division of Tourism for disbursement. Action: To place the Council consideration of AB 855 on the agenda as an emergency item. Motion Mayor Bowler, second Benz. The motion carried, noting the absence of Edgerton. Councilmember Reviczky asked that item 8 be removed from this agenda and placed on a future agenda following the March 26, 1996, State Primary election at which a two percent increase in the Utility User Tax ballot measure was to be submitted to the voters for approval. Mr. Reviczky noted that the contract bids were valid for 90 days, and if the increase were approved by the voters, the contract could be approved at that time. Action: To remove item 8, "DOWNTOWN STREETSCAPE - LOWER PIER AVENUE CONSTRUCTION", award of contract, until after the Special Election of March 26, 1996, and apprise consultants of delay. Motion Reviczky, second Benz. The motion carried, noting the dissenting vote of Oakes and the absence of Edgerton. PROCLAMATION: PRESENTED TO BEACH CITIES HEALTH DISTRICT & CALIFORNIA YOUTH TO YOUTH ALLIANCE, INC. FOR THE STAYIN' ALIVE YOUTH TO YOUTH CONFERENCE WEEK OF FEBRUARY 10, 1996 Mayor Bowler read the Proclamation and presented it to Charlotte Lesser, representing the Beach Cities Health district. Ms. Lesser thanked the Mayor and the Council, said this was young people planning for young people and urged anyone interested to join. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Tony Rennert - 48 Seventh Street, #2, expressed his concerns regarding the road and sewer construction currently being done on Hermosa Avenue; said that temporary "no parking - tow away - 6:00 A.M. to 6:00 P.M." signs had been placed up that took away 250 parking spaces; questioned why the signs said 6:00 A.M. when construction did not start until 8:00 A.M.; spoke of the difficulty this posed for residents of the area; (Mayor Bowler and City Manager Stephen Burrell responded to his questions); Roger Bacon - 1100 Pacific Coast Highway, questioned the implementation of the removal of the four percent UUT; said California Water Service had removed the tax but Southern California Edison had not; suggested that there should have been a date certain for removing the tax; (City Manager Burrell responded to his questions); and, Fahad Dahdah - Strawberry Patch Cafe owner, asked the Council to remove the restrictions, placed by the Planning Commission, on his request for live entertainment. (b) WRITTEN COMMUNICATION 1)Letter from Kenneth Conklin, Antonia Taylor and Maria Aurora Del Rio dated January 8, 1996 regarding vacation of parts of Lots 57, 58, 60, 61 and 62 of Tract No. 451. Coming forward to address the Council on this item were: Kenneth F. Conklin - 501 Fourth Street, spoke to his letter and said that both the City and the residents would benefit by vacating this property. Action: Mayor Bowler directed, with the consensus of the Council, that staff examine this matter and report back to Council. Councilmember Edgerton arrived at 7:33 P.M. At 7:34 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 (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (h) Oakes. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on January 9, 1996. Action: To approve the minutes of the Regular Meeting of January 9, 1996 as submitted. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5322 THROUGH 5328 INCLUSIVE, NOS. 5528 THROUGH 5533 INCLUSIVE, AND NOS. 5541 THROUGH 5602 INCLUSIVE, NOTING VOIDED CHECK NOS. 5537 THROUGH 5540 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER 1995 FINANCIAL REPORTS: 1)Investment report; and, 2)City Treasurer's report. Action: To receive and file the December, 1995, Financial Reports as presented. (e) RECOMMENDATION TO EXTEND EXISTING TOWING CONTRACT WITH FRANK SCOTTO'S TOWING FOR ANOTHER 3-YEAR PERIOD AND AUTHORIZE THE REQUESTED RATE INCREASES FOR THESE TOWING SERVICES. Memorandum from Police Chief Val Straser dated January 16, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Police Chief Straser responded to Council questions and said that the minimum charge was one hour with 15 minute increments thereafter, and he said the average cost for redeeming an impounded vehicle was 127. City Manager Burrell responded to Council questions and said that this was a service contract, the City did not pay for the vehicle towing, and that with the 30 day cancellation clause it was, in effect, a month-to-month contract. City Attorney Michael Jenkins said this contract extension did not have to go out to bid as the Council was just approving a rate increase. Action: To approve the staff recommendation to extend the existing towing contract with Frank Scotto's Towing of Torrance for an additional three year period, to end on December 8, 1998. And, to approve the rate increases from 65 per hour to 69.50 per hour for towing passenger cars, additional labor and dolly charges; from 100 per hour to 109.75 per hour for towing vehicles over one ton; and, from 32.50 to 34.25 for night vehicle release. And, noting the correction on page six, Section 7, of changing 7:00 p.m. to 7:00 a.m. to 7:00 a.m. to 7:00 p.m. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated January 16, 1996. Claimant:Joseph R. Beaulieu Date of Loss: 10/13/95 Date Filed:01/11/96 Allegation: Alleges that a City employee was at fault for automobile accident resulting in property damage to claimant's vehicle. Action: To approve the staff recommendation to deny the claim and refer it to the City's liability claims administrator. (g) RECOMMENDATION TO WAIVE PARKING FEES AND TIME LIMITS FOR METERS ALONG PIER AVENUE FROM MANHATTAN AVE. TO THE PIER AND ON HERMOSA AVENUE BETWEEN 8TH AND 16TH STREETS DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 18, 1996 FROM 7:00 AM TO 12:00 NOON. Memorandum from Community Resources Director Mary Rooney dated January 16, 1996. Action: To approve the staff recommendation to waive the parking fees and time limits for meters along Pier Avenue (from Manhattan Avenue to the Pier) and on Hermosa Avenue between 8th and 16th Streets during the Sand and Strand Run on Sunday, February 18, 1996 from 7:00 A.M. until 12:00 noon. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 1/16/96. Supplemental letter from Fahad Dahdah, "Strawberry Patch" owner, dated January 19, 1996. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. City Attorney Jenkins said that the Council had two options tonight: 1) to receive and file the Planning Commission action minutes or, 2) to remove an item for Council review at a future meeting. Mr. Jenkins continued by saying that the Council could not take an action on a removed item tonight nor take public testimony on a removed item tonight, and, could only hear public comments if the comments referred to another item that had not been removed by the Council. Action: To remove CUP 95-14, the "Strawberry Patch", which is number 8, in section III of the action minutes from the Planning Commission meeting of January 16, 1996, for review of the limit of hours and of the term "theme entertainment" by the Council at a future meeting. This action was requested by Councilmembers Benz and Edgerton and by Mayor Bowler. Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, asked that the Council review "Club Sushi" as well; said that the environmental negative impact reports were not appropriate for these liquor related items due to the cumulative effect of so many liquor establishments in the area; and, Craig Cogswell - Strand and Third Street, asked if there would be a vote of the Council when the item returned. (He was told there would be a vote recorded at that time.) (i) RECOMMENDATION TO APPROVE AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER. Memorandum from Mayor Pro Tempore Oakes and Councilmember Reviczky dated January 18, 1996. Action: To approve the First Amendment to the Employment Contract with City Manager Stephen R. Burrell as follows: 1.Section 2 of the agreement is amended by amending paragraph a) thereof to read: a)The salary compensation of MANAGER as City Manager shall be Ninety-six Thousand Three- hundred Twenty-two Dollars (96,322) per annum. Compensation thereof shall be made in equal payments twice a month consistent with employee payroll periods of CITY. 2.Section g) is hereby added to the agreement to read as follows: g)The CITY shall pay up to 3,750 as a match for the MANAGERs participation in one of the CITYs deferred compensation programs. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) 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. The meeting recessed at 8:52 P.M. The meeting reconvened at 9:10 P.M. and went to Municipal Matters. PUBLIC HEARINGS 4.TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING DEFINITION OF HOTEL/MOTEL. Memorandum from Community Development Director Sol Blumenfeld dated January 17, 1996. (This item was heard at 7:34 P.M.) Community Development Director Blumenfeld presented the staff report and responded to Council questions saying that there was a 90 day limitation to a stay in order to keep the hotel from becoming apartments. The public hearing opened at 7:44 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned how the City could be sure to collect all of the bed tax from the proposed hotel on the Strand. (Community Development Director Blumenfeld responded that the C.C. & R.s would contain provisions that would allow audits.) The public hearing closed at 7:45 P.M. Action: To introduce Ordinance No. 96-1148. Motion Benz, second Reviczky. The motion carried, noting the dissenting vote of Edgerton. Final Action: To waive further reading of Ordinance No. 96-1148, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF "HOTEL" AND "MOTEL"." Motion Benz, second Reviczky. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 5.TEXT AMENDMENTS TO SECTION 7-6.2 AND ARTICLE VI SECTION 7-6 OF THE MUNICIPAL CODE REGARDING WAIVER OF UTILITY UNDERGROUNDING REQUIREMENTS. Memorandum from Community Development Director Sol Blumenfeld dated January 16, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:59 P.M. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, said he was a proponent of undergrounding, but failed to see the rationale of just undergrounding to the corner of the lot when the poles would still remain on the streets; said that 95 percent of the undergrounding cost was running the conduit down the street to allow pole removal; and, John Burt - 1152 Seventh Street, spoke in favor of undergrounding. The public hearing closed at 8:05 P.M. Action: To introduce Ordinance No. 96-1149, as amended in Section 1 to change the wording in Section 11-4.2 and Section 11-4.6 from 40,000 to fifty percent (50%) of the value of the existing structure and to change Section 7- 1.3 to Section 107.1, and to direct staff to prepare a Municipal Code Amendment relative to requirements for installation of new service panels with capability for service feed from top and bottom of the panel to accommodate future underground of electrical service.. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1149, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 11 SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS." Motion Edgerton, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None At 8:22 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 6.1994-95 ANNUAL FINANCIAL STATEMENTS AND AUDIT REPORTS Memorandum from Finance Director Viki Copeland dated December 19, 1995. (Continued from the meeting of January 9, 1996) Finance Director Copeland presented the staff report and responded to Council questions. Ms. Copeland said that Hermosa Beach was the only city in the South Bay with an increase in assessed value, that sales tax had increased eight percent and that staff agreed with all of the recommendations made by the auditors. Public participation opened at 9:15 P.M. As no one came forward to address the Council, public participation closed at 9:15 P.M. a.COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1994-95, INCLUDING REPORT FROM INDEPENDENT AUDITOR. b.RECOMMENDATION TO MANAGEMENT FROM INDEPENDENT AUDITOR. Action: To approve the staff recommendation to receive and file the reports. Motion Reviczky, second Oakes. The motion carried by a unanimous motion. 7.SOUTH PARK - ROLLER HOCKEY FACILITY AND PROGRAMMING. Memorandum from Community Resources Director Mary Rooney dated January 16, 1996. Supplemental memorandum from the Community Resources Department dated January 23, 1996. Community Resources Director Rooney presented the staff report, responded to Council questions and said there would be no bleachers for the rink at this time but it was planned that there would be some time in the future. Public participation opened at 9:20 P.M. Coming forward to address the Council was: Dan Joyce - representing Rollerblades, said that he was very excited to be working with Hermosa Beach and with Mary Rooney on this project. Public participation closed at 9:21 P.M. Action: To approve the staff recommendation to: 1)Accept contribution from Gravity Research, Inc. and Rollerblade of funds and construction services to build a 160' x 80' Roller Hockey Rink, team boxes and scorer's bench at South Park (valued at 40,000); 2)Direct City Attorney to draft an agreement between the City and Gravity Research/Rollerblade; 3)Receive and file the skate and roller hockey program recommendations; and, 4)With the direction to staff to return during budget deliberations with an appropriate use for the funds generated by use of the roller hockey rink. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 8.DOWNTOWN STREETSCAPE - LOWER PIER AVENUE CONSTRUCTION. Memorandum from Public Works Director Amy Amirani dated January 16, 1996. This item was removed from the agenda at the start of the meeting and was scheduled to be brought back after the voters had made a determination on the proposed two percent increase in the UUT at the March 26, 1996, State Primary election. 9.VENDOR CARTS. Memorandum from City Manager Stephen Burrell dated January 18, 1996. City Manager Burrell presented the staff report, responded to Council questions and referred to programs used by neighboring cities. Public participation opened at 9:47 P.M. Coming forward to address the Council was: Steve Mouton - 3310 Manhattan Avenue, President of Mozart Coffee & Specialty Espresso, suggested to the Council that his proposal for a vending cart at the Pier head be used as a pilot program to evaluate the amount of business or any potential problems generated if the City decides to license vending carts. Public participation closed at 9:49 P.M. ACTION: To send this item to the Downtown Business Area Enhancement District Commission for its recommendation. Motion Reviczky, second Oakes. The motion carried by a unanimous vote 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a)Consideration by the Council to approve opposition to AB 855. This item was added to the agenda as an urgency matter by Council vote at the start of the meeting. Mayor Bowler explained the concept of the bill which would assess businesses for "tourism" with the funds administered by the City of Los Angeles, saying that it would be difficult for funds so administered to be of help creating tourism in Hermosa Beach. Action: To appoint Mayor Bowler to voice the Council's opposition to AB 855 at the January 27, 1996, protest meeting. Motion Mayor Bowler, second Reviczky. The motion carried by a unanimous vote. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether they are meeting the City Council's goals. (Continued from meetings of December 12, 1995 and January 9, 1996.) Councilmember Benz spoke to his request. Action: To re-examine the Planning Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Oakes, Reviczky and Mayor Bowler. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, suggested that Hermosa Beach get a power cleaner of the type that Redondo Beach has in order to clean the sidewalks and the Pier; and, agreed with Councilmembers Benz and Edgerton that three people on the Planning Commission should be replaced. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 23, 1996 at the hour of 10:05 P.M. to Regular Meeting of Tuesday, February 13, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 13, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Charlotte Lesser ROLL CALL: Present: Benz, Edgerton, Reviczky, Mayor Bowler Absent: Oakes ANNOUNCEMENT: Mayor Bowler announced the birth of Councilmember Julie Oakes' daughter, Geneva Haley Oakes, on Thursday, February 8, 1996, and extended the Council's congratulations and best wishes to the Oakes family. PRESENTATIONS: OUTSTANDING EMPLOYEE AWARD JAMES SANDUS Mayor Bowler read the presentation and presented a plaque to Jim Sandus as the Outstanding Employee for the second quarter of Fiscal Year 1995-96 for his dedicated service and attention to detail as shown in the vastly improved maintenance of the City's medians and said that he was a credit to the Public Works Department. In addition Mr. Sandus was presented with his 20 year pin and was commended for his attendance record with only one absence in two years. Mr. Sandus thanked everyone for the award. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste Drive, asked that Councilmember Edgerton's item (14a), regarding a limit on the number of alcohol establishments in an area, be moved up as there were two items on tonight's agenda (items 4 and 8) and four others that would come before the Planning Commission soon; Hal Berger - 68 14th Street, agreed with Mr. Lissner; John Burt - 1152 Seventh Street, said that the item on the hotel/motel should move forward as the City needed the revenue; and, Carl Driesler - Beach Cities Health District, spoke of the Health District campaign to have people switch to 1 percent or skim milk and presented tee-shirts and posters to the Council. (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: (e) Mayor Bowler and (g) Benz. Motion Reviczky, second Benz. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. No one came forward to address the Council on items not removed from the consent calendar. Mayor Bowler directed, with the consensus of the Council, that item 8 would be moved up on the agenda to be heard after the last public hearing, item 5. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special meeting held on January 18, 1996; and, 2)Minutes of the Regular meeting held on January 23, 1996. Action: To approve the minutes of the Special Meeting of January 18, 1996 and the Regular Meeting of January 23, 1996 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5608 THROUGH 5778 INCLUSIVE, NOTING VOIDED CHECK NOS. 5608 THROUGH 5611 INCLUSIVE. Action: To ratify the check register as presented. (Oakes absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes absent) (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated January 30, 1996. Action: To approve the staff recommendation to deny the following claims and refer to the Citys Liability Claims Administrator: (Oakes absent) 1)Claimant:Joseph Kozma Date of Loss: 10/8/95 Date Filed:1/29/96 Allegation: Alleges violation of civil rights. 2)Claimant:Judy Miller Date of Loss: 10/8/95 Date Filed:1/29/96 Allegation: Alleges violation of civil rights. (e) RECOMMENDATION TO APPROVE LOCAL GOVERNMENT COMMISSION CONFERENCE ATTENDANCE FOR COUNCILMEMBER BENZ AND APPROVE REIMBURSEMENT OF AUTHORIZED EXPENSES. Memorandum from City Manager Stephen Burrell dated January 30, 1996. This item was removed from the consent calendar by Mayor Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve seminar attendance for Councilmember Benz and approve reimbursement of authorized expenses. And, to direct staff to return with Municipal Code changes that would allow per diem advances to be used as needed during conference attendance, up to the maximum allowed and with proper expense receipts, rather than 50 only per day Motion Mayor Bowler, second Reviczky. The motion carried, noting the absence of Councilmember Oakes. (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 1/17/96. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission Meeting Of January 17, 1996. (Oakes absent) (g) RECOMMENDATION TO ACCEPT AS COMPLETE THE SEWER AND STORM DRAIN VIDEO INSPECTION REPORT PREPARED BY NATIONAL PLANT SERVICES, INC. AND DIRECT STAFF TO PREPARE AN ORDINANCE TO REQUIRE ALL NEW RESTAURANTS TO INSTALL A GREASE TRAP. Memorandum from Public Works Director Amy Amirani dated February 1, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the projected sewer replacement in the next five years. Public Works Director Amirani responded to Council questions and said that the analysis was not complete at this time as the video had shown previously unknown problem areas. Action: To approve the staff recommendation to: 1)accept as complete the report prepared by National Plant Services, Inc., available at the Public Works Department; 2)direct staff to prepare an ordinance to require all new restaurants to install a grease trap; and, 3)direct staff to investigate the possible purchase of a Hydroflush machine if it would be more cost effective than renting one. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF 2/7/96. Action: To receive and file the action minutes from the Downtown Business Area Enhancement District Commission Meeting Of February 7, 1996. (Oakes absent) (i) RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS FOR DECEMBER, 1995. Action: To receive and file the December, 1995, Revenue and Expenditure reports as presented. (Oakes absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1148 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE DEFINITIONS OF 'HOTEL' AND 'MOTEL'." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 25, 1996. Action: To adopt Ordinance No. 96-1148. Motion Reviczky, second Benz. AYES:Benz, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT: Oakes (b) ORDINANCE NO. 96-1149 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 11, SECTIONS 11-4.2 AND 11-4.6 OF THE MUNICIPAL CODE REGARDING UNDERGROUND UTILITY REQUIREMENTS." For adoption. Memorandum from City Clerk Elaine Doerfling dated January 25, 1996. Action: To adopt Ordinance No. 96-1149. Motion Edgerton, second Benz. AYES:Benz, Edgerton, Reviczky, Mayor Bowler NOES:None ABSENT: Oakes 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.REVIEW OF THE PLANNING COMMISSION APPROVAL, WITH MODIFICATIONS REGARDING HOURS AND TYPE OF ENTERTAINMENT, OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE GENERAL ALCOHOL, LIVE ENTERTAINMENT AND DANCING IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1332 HERMOSA AVENUE, "STRAWBERRY PATCH CAFE". Memorandum from Community Development Director Sol Blumenfeld dated February 9, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:43 P.M. Coming forward to address the Council on this item were: Sheila Donahugh Miller - 77 17th Street, disagreed with the Council's right to hear this item; said that it should go back to the Planning Commission; said the business owner got what he had asked for; spoke of an increase in crime and said the additional sales tax from alcohol establishments did not pay for the Police patrol; Robert Luthardt - 1403 Manhattan Avenue, said he lived within the 300 foot radius of the Strawberry Patch and noise has not been a problem; said that the applicant had not requested an 11:00 P.M. closing time and asked the Council to approve the additional hours of operation; and, Patricia Spiritus - 1610 Strand, spoke of the difficulty in making a living from a business; said a business owner must provide good service or else he/she would not stay in business; said alcohol was controlled by another jurisdiction. The public hearing closed at 7:51 P.M. Action: To allow the public hearing to be reopened. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, said the Conditional Use Permit goes with the land, not the business owner, and could be changed with a new owner to a very intensive nightclub; said the new wave in the downtown area was a crime wave, showed a chart and submitted information detailing police reports showing the concentration of incidents of crime to that area; Fahad Dahdah - Strawberry Patch owner, said his business was not for sale but he had acquired a new partner, said he will do everything possible to cut noise from the business and said that he was not bordered by residential areas but by commercial uses; Tony Petz - Strawberry Patch partner, agreed with Mr. Dahdah. The public hearing closed at 8:59 P.M. Proposed Action: To limit the owner's responsibility for unruly conduct to only those standing in line to get in. Motion Benz. The motion died due to the lack of a second. City Attorney Michael Jenkins responded to Council questions. Action: To adopt Resolution No. 96-5789, entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING A PLANNING COMMISSION ACTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT, TO ALLOW ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, IN CONJUNCTION WITH AN EXISTING RESTAURANT AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT 1332 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 10, 11 AND 13, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT." Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. 5.ADOPTION OF THE 1994 EDITION OF THE UNIFORM ABATEMENT OF DANGEROUS BUILDINGS CODE. Memorandum from Community Development Director Sol Blumenfeld dated February 1, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions saying this Ordinance was needed as an Urgency Ordinance. The public hearing opened at 8:20 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:20 P.M. Action: To introduce Ordinance No. 96-1150 as an urgency Ordinance. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. Further Action: To waive further reading of Ordinance No. 96-1150, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE 'UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION,' PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AMENDING PROCEDURES FOR NUISANCE ABATEMENT AND SEISMIC STRENGTHENING OF UNREINFORCED MASONRY BEARING WALL BUILDINGS, AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes Final Action: To adopt Ordinance No. 96-1150 as an urgency ordinance. Motion Reviczky, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes At 8:22 P.M. the order of the agenda was suspended to go to item number 8. MUNICIPAL MATTERS 6.MID-YEAR BUDGET REVIEW. Memorandum from Finance Director Viki Copeland dated February 8, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 11:22 P.M. Seeing no one come forward to address the Council on this item, public participation closed at 11:22 P.M. Action: To approve the staff recommendation to approve revisions to estimated revenue, appropriations, budget transfers and fund balances. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. 7.CLARK FIELD MASTER PLAN PHASE I: PARKING AND ENTRYWAY. Memorandum from Community Resources Director Mary Rooney dated January 29, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:20 P.M. Coming forward to address the Council on this item were: Robert Aronoff - Parks, Recreation and Community Resources Advisory Commission, said that the conceptual plan approved by the Commission addressed the needs of the Park for additional parking, seating, and better vehicle traffic flow by creating eleven new parking spaces and creating an exit on Valley Drive; Brian Mitchell - Parks, Recreation and Community Resources Advisory Commission, created the new parking plan for Clark Field, said this provided an entry identity for the field that it had not had as well as providing better vehicle access; responded to Council questions; John Hales - 624 Eighth Place, said he did not like the plan or the seating area at the entry; said this was a team sport park and did not need the extra seating; expressed concern that the exit on Eleventh Street was too close to the stop sign; Ron Zaragoza - 1120 21st Street, Little League, said he wanted parking instead of seating; said there had not been a problem with cars parking along the north wall and they wanted the parking left in that location. Public participation closed at 10:46 P.M. Proposed Action: To give conceptual approval, with modifications, to the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the conceptual plan for the northeast section and parking lot at Clark Field and ask that it be returned to Council with modifications to downgrade the tot lot area and seating, provide emergency vehicle access to the field, and provide a traffic flow report regarding the new exits on Eleventh street and Valley Drive and to continue to allow parking by the north wall in the interim. Motion Reviczky, second Mayor Bowler. The motion failed due to the dissenting votes of Edgerton and Benz and the absence of Oakes. Proposed Action: To allow parking in the area by the north wall by placing railroad ties on the ground to maintain a legal turning radius and to deter vehicles from driving on the field and damaging the irrigation system. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. There was no further action taken on this item. At the hour of 11:20 P.M. the order of the agenda went to item number 6. 8.REQUEST FROM BEACH MARKET, INC. FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" FOR ABC OFF-SALE GENERAL LICENSE. Memorandum from City Manager Stephen Burrell dated February 5, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 8:25 P.M. Hal Berger - 68 14th Street, submitted information regarding his opposition to granting a determination of public convenience for an off- sale general alcohol license to Beach Market; said he lived 30 feet from the market and the sale of alcohol would interfere with the quiet enjoyment of his residence; Jim Lissner - 2715 El Oeste Drive, spoke in opposition; said that the correct term was "public convenience and necessity" so both findings would have to be made and questioned if another alcohol establishment was a necessity as there were many others in the area; showed his chart regarding police report incidents and asked the Council not to make the determination of public convenience; Sheila Miller - 77 17th Street, spoke in opposition; said there was no need for another liquor store in the area; said there were Already empty beer bottles in nearby Noble Park; John Burt - 1152 Seventh Street, spoke in support of the Council making the determination to allow the Beach Market to sell alcohol; Danny Eckerson - 1432 Hermosa Avenue, spoke in opposition; said he lived in the downtown area and there was a noise problem late at night and a trash problem during the day; said there were enough liquor stores in the area and asked that the Council try to get more retail businesses in the area; Tina Marie Raguso - 1432 Hermosa Avenue, spoke in opposition; said the Council was not looking at the whole picture; said she had lived in Hermosa all of her life and could remember the hardware store, clothing stores and bakery that now housed bars; spoke of noise, trash and extreme parking problems from the downtown activities. Patricia Spiritus - 1610 Strand, suggested that the store be allowed to sell alcohol as it was not the only item to be sold but just an additional item to be sold; and, Steve and Selena Douglas - owners of the Beach Market, submitted information stating that they would have the only off-sale liquor outlet between 14th Street and 22nd Street, said that they agreed to stop selling liquor at 8:00 P.M. Public participation closed at 8:58 P.M. Police Captain Michael Lavin responded to Council questions and said that there was no increase in crime statistics for the past three years, and there had been a crime decrease in many areas. City Attorney Jenkins responded to Council questions and said that the finding of "public convenience or necessity" was in the disjunctive and did not need to meet both findings. Action: To grant notice to the Alcohol Beverage Commission (ABC) that the City Council had determined that the issuance of an off-sale general alcohol license for Beach Market, Inc. is a "public convenience" with the addition of standard Conditional Use Permit conditions of no loitering, littering or graffiti and that parking hours must be posted. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes.. The meeting recessed at 9:20 P.M. The meeting reconvened at 9:42 P.M. and went to item 9. 9.ST. PATRICK'S DAY PARADE AND FESTIVAL: MARCH 16, 1996. Memorandum from Community Resources Director Mary Rooney dated February 7, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:45 P.M. Travers Devine - St. Patrick's Day Parade Co- Chairperson, said the community response to the first parade last year was amazing; spoke of plans for this year that would include a longer parade route, a second stage and enlarged fair booth sites; said that he expected the parade to last one to one and a quarter hours, estimated the crowd would be approximately 10,000 people and requested funds to provide remote parking shuttle busses; Mark Conte - Parade Coordinator, said that the parade route must be free of vehicular traffic for the safety of both the participants and the on-lookers; and, Jim Dewey - Downtown Business Area Enhancement District Commission, said the Commission would like all of the money advanced from its funds to go to publicity and promotion. Public participation closed at 10:05 P.M. Action: To approve the Downtown Business Area Enhancement District Commission and staff recommendation to : 1)Approve the contract with the South Bay St. Patrick's Day Committee and authorize the Mayor to sign the contract on behalf of the City; 2)Approve the street closure request from the South Bay St. Patrick's Day Committee to close Valley Drive from Eighth Street to Pier Avenue, Pier Avenue from Valley Drive to the Strand, and west side of Hermosa Avenue from Pier Avenue to Second Street from 7:00 A.M. until 1:00 P.M. on Saturday, March 16, 1996, for the parade; 3)Approve the street closure of Pier Avenue from Hermosa Avenue to the Strand, Hermosa Avenue from Pier Avenue to 14th Street, and 13th Street from Hermosa Avenue to Parking Lot entrance from 7:00 A.M. to 7:00 P.M. for the vendor booths; 4)Approve the allocation of 5,000 from the Downtown Business Area Enhancement District Commission fund; and, 5)Approve providing a 2,000 allocation from Prop A Transportation Funds to pay for shuttle bus service from Mira Costa High School. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Reviczky and the absence of Oakes. At the hour of 10:20 P.M. the order of the agenda went to item number 7. 10. EQUIPMENT REPLACEMENT FUND. Memorandum from City Manager Stephen Burrell dated February 7, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)Approve the creation of the Equipment Replacement Fund and direct the City Manager to charge all departments beginning 1996-97 fiscal year; 2)Approve the transfer of 250,000 from 6% UUT Fund balance, 85,090 from Lighting & Landscape District Fund balance, 95,000 from Sewer Fund and 355,714 from Fire Protection Fund to cover past amortization of equipment used by each fund and direct staff to return with any ordinance amendments necessary to implement the program; and, 3)Approve the purchase of three (3) 1995 Chevrolet Caprice Police Patrol Sedans and two (2) 1996 Ford Ranger Compact Trucks for a total cost of 94,178. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. 11. TEXT AMENDMENT TO ALLOW PRIVATE SPONSORSHIP OF DECORATIVE STREET BANNERS, INCLUDING IDENTIFICATION OF SPONSOR ON THE BANNER. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the Downtown Business Area Enhancement District Commission and staff recommendation to introduce Ordinance No. 96-1151. Motion Reviczky, second Benz. The motion carried, noting the absence of Councilmember Oakes. Final Action: To waive further reading of Ordinance No. 96-1151, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. " Motion Benz, second Edgerton. AYES:Bowler, Edgerton, Reviczky, Mayor Benz NOES:None ABSENT: Oakes 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FROM PLANNING COMMISSION TO CONDUCT A JOINT MEETING BETWEEN CITY COUNCIL, DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION AND PLANNING COMMISSION. Memorandum from Planning Commission dated January 28, 1996. Proposed Action: To receive and file the request. Motion Reviczky, second Mayor Bowler. The motion failed due to the dissenting votes of Benz and Edgerton and the absence of Oakes. Proposed Action: To set a date for a joint meeting of the City Council with the Planning Commission and the Downtown Business Area Enhancement District Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. Action: To direct staff to set a date for a joint meeting of the City Council with the Downtown Business Area Enhancement District Commission. Motion Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. Final Action : Mayor Bowler directed, with the consensus of the Council, that staff return with an item that would start the process for appointment or re-appointment of the expired terms on the Downtown Business Area Enhancement District Commission for the regular meeting of February 27, 1996. 14. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Councilmember Edgerton to direct staff to report back on a method to limit the number of alcohol permits in designated areas of the City. Action: To direct staff to return with a non- discriminatory method to limit the total number of on- sale alcohol permits in designated areas of the City. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Oakes. b)Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether it is meeting the City Council's goals. Action: To hold a joint meeting with the Planning Commission. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Reviczky and Mayor Bowler and the absence of Oakes. c)Request from Councilmember Benz for consideration of an employee incentive program. Councilmember Benz spoke to his request and said that if an employee had an idea that would save money for the city they should receive a bonus of a portion of the money saved. Action: To direct staff to develop an incentive program for City employees. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Councilmember Oakes. CITIZEN COMMENTS Coming forward to address the Council at this time was: Gene Dreher - 1222 Seventh Place, concerned that Hermosa Avenue , south of the Pier, was signed with tow-away, no-parking from 7:00 A.M. to 5:00 P.M., from Thursday through the following Monday; said that to deny residents street parking on the week-end, when no construction was being done, was wrong; suggested that the Council implement a policy that requires that the denial of resources to the residents, such as street parking, must be signed off by a department head in order to have a responsible party to explain such denial. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 14, 1996 at the hour of 12:15 A.M. to the Regular Meeting of Tuesday, February 27, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 27, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Bill Dougherty, Arts Hermosa ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT: Mayor Bowler announced that tonights meeting would be adjourned in memory of Hank Doerfling, former Mayor and Councilmember, Improvement Commissioner and California Coastal Commissioner, who died February 23, 1996, after a year-long battle with lymphoma cancer. Mr. Doerfling was 59 years old and is survived by his wife, Elaine, Hermosa Beach City Clerk, and their five children, and will be missed by all who knew him. PRESENTATIONS: FOLLOW-UP REPORT FROM FirstNIGHT Bill Dougherty of Arts Hermosa spoke of the success of the second FirstNight in which over 300 artists had performed at 35 venues. Mr. Daugherty said that the event was attended by more than 10,000 people and had cost 125,000 to produce. He continued with a recap of the publicity for the event, submitted information and gave signs for street routing and tee-shirts to be presented to staff helpers. 1% MILK CAMPAIGN PRESENTATION AND TASTE TEST CONDUCTED BY THE BEACH CITIES HEALTH DISTRICT Carl Driesler and Charlotte Lesser of the Beach Cities Health District presented a milk taste test by asking the Council to try to determine which type of milk they were tasting between whole milk, two percent milk, one percent milk and skim milk. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time were: (b) WRITTEN COMMUNICATION - None At 7:42 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 (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz and (g) Reviczky. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on February 13, 1996. Action: To approve the minutes of the Regular Meeting of February 13, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5534 THROUGH 5536 INCLUSIVE, NOS. 5603 THROUGH 5607 INCLUSIVE, NOS. 5779 THROUGH 5790 INCLUSIVE, AND NOS. 5816 THROUGH 5949 INCLUSIVE, NOTING VOIDED CHECKS NOS. 5797 THROUGH 5815 INCLUSIVE AND NOS. 5872 AND 5947,. AND TO APPROVE CANCELLATION OF CHECK NOS. 5498, 5718, 5791 AND 5150 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY 1996 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 due to a question regarding Fire Department overtime costs. City Manager Burrell responded that those costs were due to paramedic training which was now completed. Action: To receive and file the January, 1996 Financial Reports as presented. Motion Benz, second Oakes. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S AGENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER ASSISTANCE ACT OF 1988. Memorandum from Public Works Director Amy Amirani dated February 14, 1996. Action: To adopt Resolution No. 96-5794, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S AGENT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER ASSISTANCE ACT OF 1988." (f) RECOMMENDATION TO ADOPT RESOLUTION REQUESTING THE ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS IN THE AMOUNT OF 60,779 FOR MAINTENANCE OF SELECTED STREETS. Memorandum from Public Works Director Amy Amirani dated February 14, 1996. Action: To approve the staff recommendation to: 1)adopt Resolution No. 96-5791, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS.", which requests the allocation and payment of County Aid to Cities fund in the amount of 60,779 for maintenance of selected streets; and, 2)revise the estimated revenue from the County Aid to Cities from 89,499 to 60,779; revise the appropriation of 28,720 in County Aid to Cities funding with sewer funds for CIP 141. (g) RECOMMENDATION TO ADOPT RESOLUTION OF SUPPORT FOR THE L.A. COUNTY PARKS, BEACH AND RECREATION ACT OF 1996. Memorandum from Community Resources Director Mary Rooney dated February 20, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 96-5792, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE LOS ANGELES COUNTY PARK, BEACH AND RECREATION ACT OF 1996.", which: 1)supports the Los Angeles County Park, Beach and Recreation Act of 1996; and, 2)requests the inclusion of an allocation of 2.48 million for the Hermosa Beach Pier and Waterfront Project as a proposed specific project in the ballot measure. Motion Reviczky, second Mayor Bowler. The motion carried, noting the dissenting vote of Benz. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 2/20/96. Action: To approve the staff recommendation to receive and file the Action Minutes from the Planning Commission meeting of February 20, 1996. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1151 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELATING TO STREET BANNERS AND HANDBILL DISTRIBUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated February 20, 1996.. Action: To adopt Ordinance No. 96-1151. Motion Reviczky, second Oakes. AYES:Benz, Oakes, Edgerton, Reviczky, Mayor Bowler NOES:None 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. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS: 4.AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF A PARKING PLAN FOR A 360 SQUARE FOOT MEZZANINE ADDITION; CONDITIONAL USE PERMIT AMENDMENT FOR A SEATING/FLOOR PLAN CHANGE, INCLUDING THE ADDITION OF A SUSHI BAR, TO AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1200 HERMOSA AVENUE, CLUB SUSHI. Memorandum from Community Development Director Sol Blumenfeld dated February 21, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions and said that it was both legal and customary for one person to appeal a project. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, said that six people had contributed financially to the appeal; said that the notice for the Planning Commission meeting was insufficient as the posted signs had been torn down; said there was a cumulative impact due to the increase in the number of bars downtown that should be considered in the E.I.R.; questioned the parking impact and if the City could enforce the seating limits; showed a chart of incidents of crime with a concentration in the downtown area and said this would increase due to greater liquor consumption; and, Sheila Miller - 77 17th Street, said there were stairs going up both sides of the room to the mezzanine but no outside fire escape exits from that level; spoke of the potential liability to the City if the plan is approved; said the same owners also owned "Shark's Cove" which has caused noise problems to residents, so prior conduct of the owners should be considered. The public hearing closed at 8:00 P.M. Action: To: 1)deny the appeal and sustain the Planning Commission approval of the Parking Plan and Conditional Use Permit Amendment; and, 2)adopt Resolution No. 96-5790, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A PARKING PLAN FOR A 360 SQUARE FOOT MEZZANINE ADDITION, AND A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW ON-SALE GENERAL ALCOHOL, IN CONJUNCTION WITH AN EXISTING RESTAURANT, AND ADOPTION OF A NEGATIVE DECLARATION, AT 1200 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH TRACT." Motion Benz, second Edgerton. The motion carried by a unanimous vote. 5.TEXT AMENDMENT TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION: a.TO MAKE OPEN SPACE REQUIREMENTS A PERCENTAGE OF LOT SIZE (10%) RATHER THAN 400 SQUARE FEET MINIMUM ON LOTS 2500 SQUARE FEET OR LESS. b.TO ALLOW ALL OPEN SPACE TO BE ON DECKS ON SMALL LOTS (2100 SQUARE FEET OR LESS). Memorandum from Community Development Director Sol Blumenfeld dated February 21, 1996. Community Development Director Sol Blumenfeld 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 introduce Ordinance No. 96-1152 as amended to modify the exception for lots of 2,500 square feet or less. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Reviczky and Mayor Bowler. Final Action: To waive further reading of Ordinance No. 96-1152, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE R-1 DEVELOPMENT STANDARDS, SECTION 4-3(12) OF THE ZONING ORDINANCE, TO MAKE THE AMOUNT OF OPEN SPACE A PROPORTION OF LOT SIZE (10%) AND TO MODIFY THE EXCEPTION FOR LOTS OF 2500 SQUARE FEET OR LESS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Edgerton, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None 6.SPECIAL STUDY AND TEXT AMENDMENT REGARDING PARKING LOCATION ON ALL RESIDENTIAL LOTS AND ADDING OPEN SPACE OVERLAY (OS-O) TO ZONING ORDINANCE; ZONING PORTIONS OF PUBLIC RIGHT-OF-WAYS ABUTTING STRAND FRONTING CORNER LOTS (WHEN VACATED) TO OPEN SPACE OVERLAY ZONE; AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated February 5, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions. The public hearing opened at 8:50 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:50 P.M. Action: To introduce Ordinance No. 96-1153 as amended on page one, Section 1, Section 1157 (F), to read, "Open parking spaces for residential uses in the Open Space Zone (OS-O) shall be located only..." and as amended on page two, Section 2, Sec. 9.53-2, Prohibited Uses: to delete Flag Poles as a prohibited use. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1153, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS-O) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS, AND IMPOSING THE PROPOSED OS-O ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A, ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Reviczky, second Oakes. AYES:Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES:None Proposed Action: To have Councilmembers Oakes and Reviczky work on a settlement for the East side of Beach Drive. Motion Edgerton, second Benz. The motion was withdrawn with the direction to staff to return with a report on the problems involved in reaching an agreement for the East side of Beach Drive for the Regular Meeting of April 9, 1996. Action: To place an urgency item on the end of the agenda that has arisen after the posting of the agenda regarding a Resolution of Intent for the use of the proposed two percent Utility User Tax that will be voted on by the electorate at the March 26, 1996, Special Election. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. The meeting recessed at 8:55 P.M. The meeting reconvened at 9:10 P.M. and returned the order of the agenda to item 1. MUNICIPAL MATTERS - None 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.SB1590 (O'CONNELL) IMPLEMENTING AN EFFECTIVE DATE OF DECEMBER 14, 1995 FOR SUPREME COURT DECISION ON PROPOSITION 62. Memorandum from City Manager Stephen Burrell dated February 21, 1996. City Manager Stephen Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize a letter to Senator Dills and Assemblywoman Bowen urging their support of SB1590. Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz.. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS, EXPIRATION OF TERMS. Downtown Business Area Enhancement District Commission - Two terms which expired September 15, 1995. Memorandum from City Clerks office dated February 8, 1996. Supplemental application from Mike Hanlon received February 27, 1996. Action: To approve the staff alternative recommendation number 2, to direct the City Clerk to re-advertise for applicants to the Downtown Business Area Enhancement District Commission on the Easy Reader for March 7 and 15, 1996, with a deadline of March 20, 1996, by 6:00 P.M. and schedule applicant interviews for 6:00 P.M., prior to the regular meeting of March 26, 1996, for appointment later in the meeting. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. ADDED ITEM - URGENCY RESOLUTION OF INTENT. Mayor Bowler read the Resolution. Action: To adopt Resolution No. 96-5793, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, STATING ITS INTENT TO USE THE PROCEEDS OF THE GENERAL UTILITY TAX INCREASE PROVIDED FOR BY PROPOSITION F FOR STREET REPAIRS/IMPROVEMENTS AND FOR PROVIDING SCHOOL CROSSING GUARDS." Motion Mayor Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. Councilmember Oakes left the meeting at 9:40 P.M. 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Mayor Bowler for consideration of placing parking meters in the affected downtown zone of Manhattan Avenue and Monterey Blvd. between 8th and 14th streets and allow permit parking for residents. Mayor Bowler spoke to his request. City Manager Burrell responded to Council questions and said that a parking study would be on the agenda of the Regular Meeting of March 12, 1996, that could offer some options that would address this issue. Action: Mayor Bowler directed that this item be continued until after the parking study is heard at the Regular Meeting of March 12, 1996. b.Request from Councilmember Benz for an evaluation of the Planning Commission to determine whether they are meeting the City Council's goals. Councilmember Benz said that this item had been placed on the agenda in error and that he wished it to be withdrawn at this time. c.Request from Councilmember Benz for City Council to meet with the Planning Commission per their request. Letter from Councilmember Benz dated February 22, 1996. Councilmember Benz spoke to his request. Action: To schedule a joint meeting with the Planning Commission for April 30, 1996 at the hour of 7:00 P.M. Motion Benz, second Edgerton. The motion carried, noting the absence of Oakes. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LABOR NEGOTIATOR: pursuant to Government Code Section 54957.6 - City Manager Stephen Burrell, negotiating for the City with Teamsters Union, Local 911 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Hank Doerfling on Tuesday, February 27, 1996 at the hour of 9:50 P.M. to the closed session. The closed session convened at the hour of 10:04 P.M. At the hour of 10:35 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: The City Council provided direction to city Negotiator Stephen Burrell regarding labor negotiations with Teamster Union, Local 911. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 27, 1996 at the hour of 10:36 P.M. to the Regular Meeting of Tuesday, March 12, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 12, 1996, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Jim Dewey, Downtown Business Area Enhancement District Commissioner ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Bowler Absent: Benz ANNOUNCEMENT: Mayor Bowler announced that the second annual St. Patrick's Day Parade would be held Saturday, March 16, 1996, starting at 11:00 A.M. at the intersection of Valley Drive and Pier Avenue, proceeding west on Pier Avenue to Hermosa Avenue and then south to Second street. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Jim Lissner - 2715 El Oeste Drive, said that he and ten other people had appealed three Planning Commission approvals of alcohol related business in the downtown area that would be heard at the City Council meeting of April 9th; and encouraged anyone who was concerned with the concentration of taverns in that area to call him at 376-4626. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Reviczky, (f) Edgerton, (h) Oakes, (l) Reviczky and (m) Reviczky. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: Minutes of the Regular meeting held on February 27, 1996. Supplemental memorandum and amended page 9040 from City Clerk's Office dated March 12, 1996. This item was removed from the consent calendar by Councilmember Reviczky at the request of the City Clerk's Office for separate discussion later in the meeting. Action: To approve the minutes of the Regular Meeting of February 27, 1996 as amended on page 9040, item 1(e) to show the adoption of a Resolution. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 6103 THROUGH 6281 INCLUSIVE, NOTING VOIDED CHECK NO. 6170. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING THE CONTINUED UTILIZATION OF THE SOUTH BAY PRIVATE INDUSTRY COUNCIL FOR DELIVERY OF LOCAL JOB TRAINING PROGRAMS. Memorandum from Personnel Director Robert Blackwood dated February 29, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5795, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING LOCAL GOVERNANCE OF JOB TRAINING PROGRAMS BY THE SOUTH BAY PRIVATE INDUSTRY COUNCIL." (Benz absent) (e) RECOMMENDATION TO SET WORKSHOP DATES OF THURSDAY, MAY 23, 1996 AND THURSDAY, JUNE 6, 1996 AT 7:00 PM FOR REVIEW OF THE 1996-97 BUDGET. Memorandum from Finance Director Viki Copeland dated February 29, 1996. Action: To approve the staff recommendation to set the dates of Thursday, May 23, 1996, and Thursday, June 6, 1996 at the hour of 7:00 P.M. for review of the Fiscal Year 1996-97 budget. (Benz absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 21, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to question the Commission's request for procedural direction. Community Resources Director Mary Rooney responded to Council questions. City Manager Stephen Burrell also responded to Council questions. Action: To bring back the Park, Recreation and Community Resources Advisory Commission's Master Plan for the parking area at Clark Field for a full Council decision, as there had been no action taken due to a tie vote when the item had been heard at the meeting of February 13, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 21, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. (g) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 11 IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated February 29, 1996. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Free Clinic and the City for the use of Room 11 in the Community Center at a rate of 372 per month (400 sq.ft. X .93 per sq.ft.) from April 1, 1996 through June 30, 1996, and at the rate per month in accordance with policy at that time from July 1, 1996 through March 31, 1997 for an estimated total rental income of 4,464; and, 2)authorize the Mayor to sign the lease. (Benz absent) (h) RECOMMENDATION TO APPROVE THE PRIORITY LIST FOR PARK AND RECREATION FACILITY CIPS AND THE PARK MASTER PLANNING PROCESS. Memorandum from Community Resources Director Mary Rooney dated March 4, 1996. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Action: To approve the staff recommendations of: 1)the priority list for park and recreation facility CIPs; and, 2)the park master planning process as outlined by staff, with the Council additions of: a)without the initial plans and drawings; b)an evaluation of the use the areas are receiving now to determine if it is appropriate to the area, such as the soccer games held every week-end at Valley Park; c)tree trimming on the Greenbelt without over- pruning the trees; and, d)an evaluation of the paving material used down the center of the Greenbelt to determine if the chips now used are a good running surface or if they cause people to make alternate paths. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. (i) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES CONTRACT TO GILLS AND ASSOCIATES ARCHITECTS TO PREPARE CONSTRUCTION DOCUMENTS AND SPECIFICATIONS FOR CITY COUNCIL CHAMBER REMODEL, CITY HALL REMODEL AND ADA REQUIREMENTS IN THE AMOUNT OF 42,790.00 AND AUTHORIZE PUBLIC WORKS DIRECTOR TO ALLOW MINOR CHANGES WITHIN THE BUDGETED AMOUNT. Memorandum from Public Works Director Amy Amirani dated March 4, 1996. Action: To approve the staff recommendation to: 1)award the professional services contract to Gills and Associates Architects to prepare construction documents and specifications for City Council chamber remodel, City Hall remodel and ADA requirements, in the amount of 42,790; and, 2)authorize the Director of Public Works to allow minor changes within budget. (Benz absent) (j) RECOMMENDATION TO ADOPT RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE FORMATION OF THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT DURING FY 1996-97. Memorandum from Public Works Director Amy Amirani dated March 5, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5796, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4, CHAPTER 1, PART 2 OF LANDSCAPING AND LIGHTING ACT OF 1972, BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE INSTALLATION OF OR PLANTING LANDSCAPING AND STREET LIGHTING FIXTURES, APPURTENANCES AND APPURTENANT WORK AND THE MAINTENANCE THEREOF IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1996 AND ENDING JUNE 30, 1997, HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 1996-1997." (Benz absent) (k) RECOMMENDATION TO APPROVE REQUEST FROM SOUTH BAY COALITION FOR A ONE (1) MONTH EXTENSION TO LEASE ROOM 4 IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN AMENDMENT. Memorandum from Community Resources Director Mary Rooney dated March 5, 1996. Action: To approve the staff recommendation to: 1)approve the one month extension to the lease agreement between South Bay Coalition and the City of Hermosa Beach for Room 4 in the Community Center for an amount of 742 (798 sq.ft. X .93); and, 2)authorize the Mayor to sign the amendment. (Benz absent) (l) RECOMMENDATION TO APPROVE EASEMENT AGREEMENT GRANTING LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RIGHTS OF INGRESS AND EGRESS TO THEIR RECENTLY INSTALLED OBSERVATION WELL LOCATED AT 24TH STREET AND THE GREENBELT. Memorandum from Public Works Director Amy Amirani dated March 5, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. City Manager Steve Burrell responded to Council questions. Action: To approve the staff recommendation to authorize the Mayor to execute and the City Clerk to attest the easement agreement which grants the Los Angeles County Flood Control district rights of ingress and egress to its recently installed observation well located at 24th Street and the Greenbelt, with the direction to staff to examine and delete, if possible, the additional agreements with the Rotary Club and the Independent Cities Lease Finance Authority. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF MARCH 6, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Action: To have the Parks, Recreation and Community Resources Advisory Commission share responsibility for Class III and Class IV events that relate to activity in the downtown area with the Downtown Business Area Enhancement District Commission. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To receive and file the action minutes of the Downtown Business Area Enhancement District Commission for the regular meeting of March 6, 1996, without approval of item 4.2. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. CONSENT ORDINANCES a.ORDINANCE NO. 96-1152 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE R-1 DEVELOPMENT STANDARDS, SECTION 4-3(12) OF THE ZONING ORDINANCE, TO MAKE THE AMOUNT OF OPEN SPACE A PROPORTION OF LOT SIZE (10%) AND TO MODIFY THE EXCEPTION FOR LOTS OF 2500 SQUARE FEET OR LESS, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 4, 1996 and memorandum requesting clarification of previous Council action from Community Development Director Sol Blumenfeld dated March 5, 1996. Community Development Director Blumenfeld presented his request for clarification and responded to Council questions. Action: To: 1)send this item back to the Planning Commission with direction to draft an Ordinance that applies to lots of 2,100 square feet or less, but to allow up to a ten percent margin for administrative decision in certain justifiable cases; and, 2)direct the Planning Commission to study the policies of other cities to determine the effect of a ten percent open space requirement for all R-1 lots. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. (b) ORDINANCE NO. 96-1153 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING OPEN SPACE OVERLAY (OS-O) ZONE TO THE ZONING ORDINANCE, AMENDING THE PARKING SECTION TO INCLUDE RESTRICTIONS ON THE LOCATION OF OPEN PARKING ON RESIDENTIAL LOTS, AND IMPOSING THE PROPOSED OS-O ZONE TO DESIGNATED PUBLIC RIGHT-OF-WAY AREAS AS SHOWN ON EXHIBIT A, ATTACHED, WHEN THEY ARE VACATED, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 4, 1996. Action: To adopt Ordinance No. 96-1153. Motion Reviczky, second Oakes. AYES:Edgerton, Oakes, Reviczky, Mayor Bowler NOES:None ABSENT: Benz 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a), (f), (h), (l), and (m) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS - None At 8:07 P.M. the order of the agenda was moved to item 6. MUNICIPAL MATTERS 4.1996 SPECIAL EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 4, 1996. Supplemental memorandum from Community Resources received March 12, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions saying that staff was encouraging event applicants to expand into the downtown area and that an off-site shuttle was requested for crowds of 5,000 or over. City Council asked that only spokespersons for new events come before the Council. Public participation opened at 9:09 P.M. Coming forward to address the Council was: Eric Blanchard - Jose Cuervo Amateur Volleyball Tournament, said this was the eleventh year of this event and the Hermosa tournament would be for the championship with the winners crowned in Hermosa Beach; said the beach concert was being sponsored by "Rolling Stones" magazine and the bands sought were not too well known and would be for younger, new-age listeners; said they anticipated a crowd of 1,000-3,000 for the Volleyball tournament and approximately 1,000 for the concert; said they could provide audio tapes of the groups for the Council's approval. Action: To: 1)approve the Event Productions - Jose Cuervo Amateur Volleyball Tournament for July 20-21, 1996; and, 2)give conceptual approval for the beach concert with final approval contingent on the parking and security agreements and on the bands to play at the concert. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. Continuing to come forward to address the Council was: Dale Hoffman - Spike-It-Up, spoke of his event and said there was no anticipation of a need for VIP parking. Public participation closed at 9:35 P.M. Action: To approve the Spike-It-Up Amateur Volleyball Tournament for September 7-8, 1996 and authorize the Mayor to sign the contract. Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. Final Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the following events and authorize the Mayor to sign the appropriate contracts: 1)WPVA - Women's Pro Volleyball Tournament: May 3-5, 1996; 2)CE Sport - 4-Man & 4-Woman Pro Volleyball Tournament August 16-18, 1996; and, 3)AVP - Hermosa Beach Volleyball Championships August 23-25, 1996; Motion Reviczky, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. 5.DOWNTOWN CIRCULATION AND PARKING STUDY. Memorandum from Community Development Director Sol Blumenfeld dated March 4, 1996. City Manager Burrell presented the staff report and responded to Council questions. Community Development Director Blumenfeld also responded to Council questions. Public participation opened at 9:40 P.M. Coming forward to address the Council on this item were: John Kulpa - Corve Engineering, said the study had involved a five-year future use projection that showed little increase in the traffic pattern; said a signal was needed at the Valley/Ardmore and Pier intersection; responded to Council questions; and, Rick Choate - Walker Parking Consultants, spoke of the parking shortage and said that a parking structure would not provide enough to meet needs; said that street parking should be at a higher rate than lot parking to encourage long- term parking in the lots in order to free-up street parking for short-term use. John Burt - 1152 Seventh Street, said it was better to have parking structures on both lots so that more people could come to Hermosa; Jim Lissner - 2715 El Oeste Drive, spoke of crime figures in the downtown area; questioned why DUI arrests for Hermosa had declined while those for Manhattan had increased dramatically; questioned if a new signal , at a cost of 125,000, was needed for the intersection of Hermosa Avenue and 14th Street or if stop signs would be as effective; suggested that a traffic signal at the Valley/Ardmore and Pier intersection could make dramatic changes in the traffic patterns along those streets and felt that more study was need to determine the total impact; and, Jim Dewey - 711 Manhattan Avenue, said that street parking in the downtown area was better suited to people who had tasks or errands that required short-term parking, but said there was not enough parking in the downtown. Public participation closed at 10:25 P.M. Action: To approve the staff recommendation to: 1)Receive and file study; 2)Direct staff to proceed with processing the Downtown Implementation Plan and amendment to the Circulation Element of the General Plan; and, 3)Direct staff to extend hours of enforcement of Preferential Parking Program between 8th and 14th Streets on Manhattan Avenue and meet with residents on proposed program changes, with the addition of direction to staff to: a)extend the hours of enforcement for the entire preferential parking program; and, b)consider a year-round versus seasonal program. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. 6.DOWNTOWN BANNER PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated March 6, 1996. Community Development Director Blumenfeld responded to Council questions, said it was not the intention for the City to advance any funds toward this project. City Manager Burrell also responded to Council questions. Public participation opened at 8:11 P.M. Coming forward to address the Council on this item were: Vince Pavelock - Synthesis Graphic Design, gave a slide presentation of the designs shown to the Downtown Business Area Enhancement District Commission and of its selection; said the total cost for the banners would be 28,000 to 30,000 or approximately 300 per double sided banner which would remain up for six months; responded to Council questions; Jim Dewey - Downtown Business Area Enhancement District Commission, said the Commission had given conceptual approval for the final design; said the Commission and the Chamber of Commerce would sell the required number of banners or the project would not be undertaken; said the Commission had pledged 8,000 from its advertising budget for the project. Public participation closed at 8:42 P.M. Action: To approve the staff recommendation to: 1)adopt Resolution No. 96-5797, entitled, 2A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A DOWNTOWN STREET BANNER PROGRAM PURSUANT TO SECTION 3-3.10 OF THE MUNICIPAL CODE.2; and , 2)proceed with the banner program, with the direction to staff to: a)delete the "Crossroads" theme; and, b)ensure that the sponsorship type size is the same as that used in El Segundo, Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. The meeting recessed at 8:52 P.M. The meeting reconvened at 9:07 P.M. and returned the order of the agenda to item 4. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9.OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Edgerton to discuss setting up a system wherein the City would give back a percentage of business license fees based upon sales tax payout. Councilmember Edgerton requested that this item be continued to the Regular Meeting of March 26, 1996, for full Council discussion. b.Request from Councilmember Edgerton to implement conflict of interest ordinance by utilizing draft ordinance provided by City Attorney Michael Jenkins. City Attorney Michael Jenkins responded to Council questions and said that the draft ordinance was modeled after those used in other cities, with modifications by his office. Action: To bring this item back on the agenda of April 9, 1996. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jim Lissner - 2715 El Oeste Drive, expressed concern with the proposed hotel on the Strand and the collection of the correct amount of the Transient Occupancy Tax by the City; asked if the Finance Department could check with the tax auditors to determine if there has been any problem elsewhere with time-shares on the collection of this tax. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code 54956.9(a), Existing Litigation: Carrillo v. City of Hermosa Beach: Case No. YC020233, Superior Court - Torrance ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 10:45 P.M. to the closed session. The closed session convened at the hour of 10:56 P.M. At the hour of 11:15 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 12, 1996 at the hour of 11:15 P.M. to the Adjourned Regular Meeting of Tuesday, March 26, 1996 at the hour of 6:00 P.M. for the purpose of conducting Downtown Business Area Enhancement District Commission applicant interviews, to be followed by the Regular Meeting at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 26, 1996, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Jim Gierlich, resident ROLL CALL: Present: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler Absent: None ANNOUNCEMENT: Mayor Bowler reminded the viewing audience that today was an Election Day and the polls would be open until 8:00 P.M. and urged anyone who had not voted to exercise that privilege. Mr. Bowler then thanked the voters for giving him the opportunity to serve as Mayor of Hermosa Beach and said that it had been an exciting time to be the Mayor as the City had dedicated two new parks and had allowed him to preside over both FirstNIGHT and the St. Patricks Day Parade. He thanked his fellow Councilmembers, City staff and his family with special thanks to his daughter, Jennifer. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: Memorandum from City Clerk Elaine Doerfling dated March 19, 1996. A.Designate Mayor for a term ending January 14, 1997. Action: To designate Julia Oakes as Mayor for a term ending January 14, 1997. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. B.Designate Mayor Pro Tempore for a term ending January 14, 1997; Action: To designate J. R. Reviczky as Mayor Pro Tempore for a term ending January 14, 1997. Motion Mayor Bowler, second Benz. The motion carried by a unanimous vote. Newly elected Mayor Oakes assumed her seat as chair of the meeting and presented a plaque of appreciation to outgoing Mayor Bowler saying that he had diligently devoted his time to represent the City, had kept the meetings on track, and had provided strong and consistent leadership. Mayor Oakes thanked Mr. Bowler, on behalf of his fellow Councilmembers for his time well served. Councilmember Benz added his thanks. C.Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Oakes to the Los Angeles County - City Selection Committee. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To appoint Mayor Oakes to the South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Reviczky as alternate director. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Further Action: To appoint Mayor Oakes as delegate to the Inglewood Fire Training Authority, and Mayor Pro Tempore Reviczky as alternate. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Final Action: To approve the list of delegates and alternates for City committees as amended above and with the following appointment changes: 1)Mayor Pro Tempore Reviczky as delegate to the Beach Cities Committee (in place of Edgerton); 2)Councilmember Benz as delegate to the South Bay Juvenile Diversion Project (in place of Reviczky); 3)Mayor Pro Tempore Reviczky as alternate to the South Bay Juvenile Diversion Project (in place of Benz); and, 4)with the deletion of the following temporary sub-committees: a)Beach Concerts; b)Lifeguard Negotiations; and, c)Mixed Use. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. Mayor Oakes spoke of the true spirit of cooperation and respect that prevailed on the Council in spite of moments of public banter and said she was proud of the accomplishments of the City which had excellent schools, great public safety departments and a beautiful location. Ms. Oakes said she hoped to continue with safety programs, expand on enrolling volunteers for emergency relief programs, maintain the upgrade to the shopping and commercial areas, and continue the City's help with cultural programs. And, she stressed the role of improving the communication of the City with the public both through the City Council and through the Commissions. Mayor Oakes thanked everyone for the opportunity to serve, with special thanks to her husband, Lee, her parents and her new daughter, Geneva. RECESS: The meeting recessed at the hour of 7:40 P.M. RECONVENE: The meeting reconvened at the hour of 7:55 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Kelly Ress - 131 Monterey Blvd., asked the Council to consider building a skateboard rink as skateboarders were not allowed to skate in the rink at South Park; said the City had built a roller hockey rink and it was not fair to deny skateboarders a place to skate; said the Police told skateboarders where they could not skate but did not say where they could skate; said a skateboard park would keep kids out of trouble by allowing them a place to skate without being where they should not be and could be signed "Use at Your Own Risk" to cut down on liability to the City; Mike Sliff - 854 Bard, spoke in support of a skateboard park; said the liability would be no greater than the roller hockey rink that the City had approved; said the skateboarders would help to build the park and help to raise the money; said the unused parking lot above South Park would be a good location; felt that providing a roller blade rink but not a skateboard rink was discriminatory; Jay Sheldon - 236 Tenth Street, said it would be good for the City to allow a skateboard park as that would keep kids from skateboarding where they are not supposed to skate such as the sidewalks and the streets; said the Constitution provided the people with the right to life, liberty and the pursuit of happiness, and that being allowed to skateboard made all of the skateboarders very happy; Rodney Mullen - 1738 Manhattan Avenue, said he held the World Championship in Freestyle Skateboarding from 1980 to 1992 and has owned a skateboard company for the past seven years; said that skateboarding has taken him all over the world and that he has been in skateboard parks in Russia, Canada and Australia; said that the skateboarders were good kids and needed a place to skate, that all it would take were a few plywood structures, not elaborate steel or concrete rinks, to provide a place for them to skate; Jack Davis - 596 19th Street, said he felt that the City should let skaters do tricks at South Park as long as they were not on the hockey rink and asked the Council to build a skateboard park for them; Jim Lissner - 2715 El Oeste Drive, requested that the Council appeal the Planning Commission approval of Patrick Malloy's Steak House (noted in item 1(i)) in order to save the developer two weeks time before he appealed the project; and, John Burt - 1152 Seventh Street, asked that item 1(h) be removed from the consent calendar; and spoke of safety issues regarding the Olympic Torch Run shown in item 1(e). Councilmember Reviczky spoke of the vandalism to South Park that had caused the ban on skateboarding in the park. Action: To direct the Parks, Recreation and Community Resources Advisory Commission to consider an appropriate location for a skateboard park and to consider amending the Hermosa Beach Municipal Code as it pertains to skateboarding. Motion Reviczky, second Benz. The motion carried by a unanimous vote. (b) WRITTEN COMMUNICATION - None At 8:14 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 (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Bowler and (h) Reviczky at the request of John Burt. Motion Benz, second Reviczky. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on March 12, 1996. Action: To approve the minutes of the Regular Meeting of March 12, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 5791 THROUGH 5796 INCLUSIVE, NOS. 5950 THROUGH 5962 INCLUSIVE, NO. 6102, AND NOS. 6282 THROUGH 6286 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 1996 FINANCIAL REPORTS: 1)Revenue and expenditure report; 2)City Treasurer's report; and, 3)Investment report. Action: To receive and file the February, 1996 Financial Reports as presented. (e) RECOMMENDATION TO APPROVE STREET CLOSURES AND CHALK ART FESTIVAL EVENT FOR THE OLYMPIC TORCH RUN APRIL 27, 1996. Memorandum from Community Resources Director Mary Rooney dated March 19, 1996. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to alert the public to this event and to encourage everyone to attend. Community Resources Director Rooney said she wished to publicly thank Vasek Polak for his check to underwrite this event and to thank the volunteers with Arts Hermosa for their time and effort. Action: To the staff recommendation to: 1)approve street closures and chalk art festival event for the Olympic Torch Run from 10:00 to 10:15 P.M., on April 27, 1996, including: a)the street chalk art work of Timothy Morgan Steele who, with a crew of four, will work for two days prior to the 27th to create the "Olympic Spirit" as a movable 20 by 24 work of art; and, b)participation by Hermosa students in chalk artwork on the sidewalks at Pier and Hermosa Avenues with medals given to participants; c)the Mira Costa High School Band at 8:00 P.M. on April 27, 1996; d)five torch runners along Hermosa Avenue: from the Manhattan boundary to 25th street, at 19th Street, at Pier Avenue and at Fifth Street; and, 2)receive and file the report. And, with the additional direction to the committee to explore the possibility of a musical event or street dance in conjunction with the torch run and art show. Motion Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS. Memorandum from Personnel Director Robert Blackwood dated March 18, 1996. Action: To adopt Resolution No. 96-5798, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING DISABILITY RETIREMENT PROCEDURES FOR SAFETY MEMBERS." (g) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM CONTAINING THE PLANNING COMMISSION'S SUGGESTED TOPICS FOR DISCUSSION AT THE JOINT MEETING SCHEDULED FOR APRIL 30, 1996. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1996. Action: To receive and file the memorandum containing the Planning Commission's suggested topics for discussion at the joint meeting scheduled for April 30, 1996, at the hour of 7:00 P. M. The topics consist of: 1)Downtown business mix; 2)off- sale alcohol in the downtown area; 3)parking impacts upon the residential areas around the downtown; and, 4)overall goals for the City and Pacific Coast Highway development (h) RECOMMENDATION TO ACCEPT A DONATION OF 830.00 FOR THE PURPOSE OF ACQUIRING A BENCH FOR NOBLE PARK SITE. Memorandum from Public Works Director Amy Amirani dated March 21, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, at the request of John Burt. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, spoke in opposition to accepting a bench for Noble Park as it would promote drinking beer or liquor in the park; suggested that the City install a water drinking fountain instead. Action: To accept the donation of Dr. Albert Ackroyd in the amount of 830 to enable the City to acquire a five foot teak wood bench (Smith Hawken's "Gloucester Bench") for Noble Park. Motion Bowler, second Benz. The motion carried by a unanimous vote. City Manager Burrell responded to Council questions. Proposed Action: To have the City purchase additional benches for the Park at this time. Motion Edgerton. The motion died due to the lack of a second. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 19, 1996. Action: To receive and file the action minutes from the Planning commission meeting of March 19, 1996.. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) 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.ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO- FAMILY RESIDENTIAL ZONE, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 330 & 342 ARDMORE AVENUE (THE SOUTHEAST CORNER OF ARDMORE AVENUE AND 4TH STREET) AND INCLUDING 615 3RD STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item were: Ben Agarwal - representing the property owner, said the present body shop owner/tenant was retiring and wished to develop the land for residential property; said he had a title guarantee and that the question involved an easement not a boundary question; responded to Council questions; Susan Scott - 603 Third Street, said that she was the neighbor involved in the easement negotiation regarding a common driveway and a garage, and that as long as the matter was settled as the negotiations indicated it would be, she had no objection to the project; and, John Burt - 1152 Seventh Street, expressed concerns regarding the former Railroad right-of-way. The public hearing closed at 8:24 P.M. Action: To introduce Ordinance No. 96-1154. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Further Action: To direct staff to return at some future time with a report regarding re-zoning the remaining M-1 property in the area to R-2, noting: 1)that this was not a high priority item; and, 2)that all affected property owners be notified. Motion Bowler, second Reviczky. The motion carried without objection. Final Action: To waive further reading of Ordinance No. 96-1154, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT 330 AND 342 ARDMORE AVENUE AND INCLUDING 615 THIRD STREET (THE SE CORNER OF ARDMORE AVENUE AND FOURTH STREET) AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION.2 Motion Bowler, second Edgerton. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 5.TEXT AMENDMENT TO MUNICIPAL CODE CHAPTER 7 TO ADD A SECTION IN REGARD TO REQUIRING PROTECTIVE COATING OF METAL HANDRAILS. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1996. Action: To continue this item to the meeting of April 23, 1996, at the recommendation of staff. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 6.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FY 96-97. Memorandum from Community Development Director Sol Blumenfeld dated March 20, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:49 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:49 P.M. Action: To approve the staff recommendation to: 1)approve by minute order the expenditure of second year, 1996-97 Community Development Block Grant fund estimated allocation in the amount of 145,215, and any additional allocation funding, for the removal of architectural barriers to the disabled at the Police, Fire and Community Center facilities; 2)approve Cost Summary submittal; and, 3)with the direction to staff to report back with a list of last year's projects and estimated costs. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. At the hour of 8:50 P.M. the order of the agenda was returned to item 1. 7.MUNICIPAL MATTERS - None 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.LOS ANGELES COUNTY LEAGUE DIVISION EXECUTIVE COMMITTEE/LIBRARY TASK FORCE PROPOSED LEGISLATION REGARDING LIBRARY PROPERTY TAXES, BUILDINGS AND CONTENTS. Memorandum from City Manager Stephen Burrell dated March 19, 1996. City Manager Burrell presented the staff report, noting the change of date to Wednesday, April 17th, and responded to Council questions. Coming forward to address the Council on this item was: Charlotte Malone - representing the Hermosa Beach Friends of the Library, expressed the Friends of the Library's agreement with the goals of the proposed legislation and with the City's decision to work for its passage; said it was a matter of fairness, that whoever has the responsibility for the Library should have the funds, paid by property tax assessment, for its upkeep; and, said the Friends of the Library had voted funds to help in any way possible. Action: To approve the staff recommendation to: 1)Receive and file report; 2)Authorize Mayor Oakes and Councilmember Bowler (Councilmember Benz as an alternate) and the City Manager to appear at the April 17, 1996, Local Government Committee meeting in Sacramento; 3)Authorize letters of support for SB1998 as proposed to members of the Senate Local Government Committee; and, 4)Authorize letters regarding co-sponsorship of SB1998 as proposed to Senator Dills and Assemblywoman Bowen. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES: BOARDS AND COMMISSIONS - EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated March 21, 1996. Supplemental application received from Paul Hennessey on March 21, 1996 and from Dallas Yost dated March 26, 1996. Action: To re-appoint James Dewey to fill the four-year term on the Downtown Business Area Enhancement District Commission ending September 15, 1999. Motion Bowler, second Mayor Oakes. The motion carried without objection. Action: To appoint Dallas Yost to fill the four-year term on the Downtown Business Area Enhancement District Commission ending September 15, 1999. Motion Benz, second Edgerton. The motion carried without objection. Mayor Oakes expressed the thanks and gratitude of the Council to all who had come forward and expressed an interest in serving the City and said that it had been a difficult decision for the Council to make as all applicants were qualified and would have served well on the Commission. A special thank you was given to Ron Pizer for his service on the Commission. 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Edgerton to discuss setting up a system wherein the City would give back a percentage of business license fees based upon sales tax payout. (Continued from meeting of March 12, 1996.) Councilmember Edgerton spoke to his request. City Manager Burrell responded to Council questions saying that the business license schedule was being reviewed and would be returned to the Council in the near future. Action: To direct staff to review the procedure used in El Segundo and report back to Council if an amendment could be made to the Business License Fee Schedule to give a sales tax credit to business license holders. Motion Edgerton, second Benz. The motion carried without objection. b.Request by Councilmember Benz to revise the home occupation rules and regulations. Councilmember Benz spoke to his request. Action: To direct staff to report back with possible changes to the home occupation rules and regulations regarding satellite home offices. Motion Benz, second Edgerton. The motion carried without objection. c.Request by Councilmember Benz to create a campaign for improving Hermosa Beach's image with location scouts. Councilmember Benz spoke to his request. Action: To appoint Councilmember Benz as the City's liaison for improving Hermosa Beach's image with location scouts. Motion Bowler, second Reviczky. The motion carried without objection. City Manager Burrell said there would be an Emergency Preparedness Workshop for Elected Officials on Wednesday, April 3, 1996 from 6:00 to 7:30 P.M. at the Community Center. 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, March 26, 1996 at the hour of 9:38 P.M. to the Regular Meeting of Tuesday, April 9, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 9, 1996, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Missy Sheldon, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None PROCLAMATIONS: MEDAL OF VALOR WEEK APRIL 22-26, 1996 Mayor Oakes read the proclamation to commemorate the heroism and self-sacrifice displayed by the South Bay Police and Firefighters, to recognize the recipients of this year's awards and all past recipients of the Medal of Valor Award, and to proclaim the week of April 22 - 26, 1996, as Medal of Valor Week. Accepting the award were Carol Duff and Bobbie Oldaker from the Hermosa Beach Chamber of Commerce and Police Chief Val Straser. NATIONAL LIBRARY WEEK APRIL 14-20, 1996 Mayor Oakes read the proclamation which honors the significant role that libraries play in enabling citizens to reach their full potential, urged all citizens of Hermosa Beach to participate in library activities and make use of all library services, and proclaimed the week of April 14 - 20, 1996, as National Library Week NATIONAL CHILD ABUSE PREVENTION MONTH APRIL, 1996 Mayor Oakes read the proclamation which stated that the amount of child abuse in our country had reached epidemic proportions, stressed the importance of all citizens recognizing and helping to prevent child abuse, and proclaimed the month of April, 1996, as National child Abuse Prevention Month. PRESENTATIONS: PRESENTATION OF CHECK FROM HERMOSA BEACH CHAMBER OF COMMERCE To FirstNIGHT Missy Sheldon, Hermosa Beach Chamber of Commerce, presented a check in the amount of 2,500 to Donna Love and Jane Turner, President of Arts Hermosa, to start the fundraising for the third annual FirstNIGHT, 1997. PRESENTATION OF CHECK FROM HERMOSA BEACH KIWANIS CLUB TO THE HERMOSA BEACH COMMUNITY CENTER FOUNDATION Paul Amarillo, Hermosa Beach Kiwanis, presented a check from the proceeds of the Kiwanis' Holiday Tree lot, in the amount of 2,121.12, to Community Resources Director Mary Rooney, accepting on behalf of the Hermosa Beach Community Center Foundation. ANNOUNCEMENTS: Mayor Oakes announced that the City was presenting a plaque of appreciation to Ron Pizer, formerly of the Downtown Business Area Enhancement District Commission, to recognize him for his service on behalf of the City. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Sheila Donahue Miller - 77 17th Street, said that she had read the report in the "Easy Reader" regarding the decrease in crime in the downtown area and suggested that the Police downtown foot patrol be discontinued in order to use the money somewhere else; John Tarnowski - announced that he was seeking pledges that would total his goal of 2,500, by May 4, 1996, for the "California AIDS Ride", a seven day journey in which he would be participating by bicycling from Los Angeles to San Franciso; and, Carol Duff - Chamber of Commerce, announced that the Chamber was launching a program to encourage people to shop in Hermosa Beach by bringing their sales receipts to the Chamber office to be entered into a monthly drawing for cash prizes and for more information to call the Chamber office at 376-0951. (b) WRITTEN COMMUNICATION - None 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (n) with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Benz, (h) Edgerton, (j) Edgerton, (m) Benz and (n) Reviczky, and noting that Councilmember Benz registered a no vote on item 1(l). Motion Bowler, second Reviczky. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Adjourned Meeting held on March 26, 1996; and, 2)Minutes of the Regular Meeting held on March 26, 1996. Action: To approve the minutes of the Regular Adjourned Meeting of March 26, 1996, and the Regular Meeting of March 26, 1996, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 6287 THROUGH 6442 INCLUSIVE. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR DISCRETIONARY REGIONAL FUNDS FOR THE CONSTRUCTION OF CROSSWALKS AND HANDICAP RAMPS AT VARIOUS LOCATIONS IN THE CITY. Memorandum from Public Works Director Amy Amirani dated March 27, 1996. Action: To adopt Resolution No. 96-5799, 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." (e) RECOMMENDATION TO APPROVE THE AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND THE CITY OF HERMOSA BEACH TO FORM A MULTI-JURISIDICTION CONSORTIUM TO EVALUATE THE EFFECTIVENESS OF EXISTING PRACTICES AND DEVICES FOR CONTROLLING URBAN RUNOFF POLLUTANTS AT CATCH BASINS AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. Memorandum from Public Works Director Amy Amirani dated April 1, 1996. Supplemental Memorandum from Councilmember Benz dated April 7, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani, City Manager Stephen Burrell and City Attorney Michael Jenkins responded to Council questions. Action: To direct staff to investigate the feasibility of using the proposal in Councilmember Benz's supplemental memorandum as a pilot program at one catch basin in order to divert the water flow into the storm drain. Motion Benz, second Bowler. The motion carried by a unanimous vote. Proposed Action: To receive and file the agreement and not send the 5,000, providing that this was not an express condition of the NPDES settlement. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Reviczky and Mayor Oakes. Final Action: To approve the staff recommendation to: 1)approve the agreement between the City of Santa Monica and the City of Hermosa Beach to form a multi-juridiction consortium to evaluate the effectiveness of existing practices and devices for controlling urban runoff pollutants at catch basins; 2)authorize the Mayor to sign the agreement; and, 3)direct staff, with Councilmember Benz's permission, to forward his supplemental memorandum to the multi- jurisdictional subdivision for evaluation and possible implementation. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz and Edgerton to the first two items. (f) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A CHRISTMAS TREE LOT FOR THE 1996 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated April 2, 1996. Action: To approve the staff recommendation to approve the ninth year of the use of the Community Center lawn by the Hermosa Beach Kiwanis Club to operate a Christmas Tree lot for the 1996 holiday season, with the understanding that all terms will be met and a donation will be made to the Hermosa Beach Community Center Foundation of ten percent of the net profits or 1,000, whichever is greater. (g) RECOMMENDATION TO APPROVE THE IMG - INTERNATIONAL VOLLEYBALL TOURNAMENT; A DAY AT THE BEACH TRIATHLON - SPRINT TRIATHLON; AND EVIAN VOLLEYBALL CHALLENGE 96' - JUNIOR TOURNAMENT FOR THE 1996 SEASON AND AUTHORIZE THE MAYOR TO SIGN CONTRACTS. Memorandum from Community Resources Director Mary Rooney dated April 1, 1996. Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the following beach events for the 1996 season: a)IMG - International Volleyball Tournament for June 20 23, 1996, for total fees of 34,510; b)A Day at the Beach Triathlon - Sprint triathlon for October 13, 1996, for total fees of 6,738; and, c)Evian Volleyball Challenge '96 - Junior Tournament for April 28, 1996, for total fees of 1,865; and, 2)authorize the Mayor to sign the contracts. (h) RECOMMENDATION TO APPROVE KEEPING THE CURRENT LEASE RATE OF .93 SQ. FT. THROUGH FISCAL YEAR 1997-98 FOR ROOMS IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 2, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. City Manager Stephen Burrell also responded to Council questions. Action: To receive and file the report and review the Community Center costs and rental policies during the budget hearings. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 3/20/96. Action: To approve the recommendation to receive and file the Parks, Recreation and Community Resources Advisory Commission action minutes of the regular meeting of March 20, 1996. (j) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated April 3, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Personnel Director Blackwood responded to Council questions. Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: Claimant: Victor, Stephani Date of Loss: 12/19/95 Date Filed:3/28/96 Allegation : Alleges City negligence and dangerous condition on public property contributed to personal injuries. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (k) RECOMMENDATION TO AMEND THE CITY POLICY WITH REGARDS TO POSTING METERS AND PARKING SPACES FOR SPECIAL EVENTS AND FILMING WITH TEMPORARY NO PARKING SIGNS AS FOLLOWS: 1) METERS, PARKING LOTS AND TIME LIMIT SPACES IN THE COMMERCIAL AND RESIDENTIAL AREAS SHALL BE POSTED AT LEAST 24 HOURS IN ADVANCE; AND, 2) NON-METERED SPACES IN RESIDENTIAL AREAS SHALL BE POSTED AT LEAST 72 HOURS IN ADVANCE. Memorandum from Community Resources Director Mary Rooney dated April 3, 1996. Action: To approve the staff recommendation to amend the City policy with regard to posting meters and parking spaces for special events and filming with Temporary No Parking signs as follows: 1)silver meters, parking lots and time limit spaces in the commercial and residential areas shall be posted at least 24 hours in advance; and, 2)gold meters and non-metered spaces in residential areas shall be posted at least 72 hours in advance. (l) RECOMMENDATION FOR MAYOR TO EXECUTE AMENDMENT TO 95-96 COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT FOR IMPLEMENTATION OF THE PROJECT TO REMOVE ARCHITECTURAL BARRIERS TO THE DISABLED AT CITY HALL. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1996. Action: To approve the staff recommendation to: 1)approve the amendment to the Community Development Block Grant (CDBG) reimbursable contract for the implementation of the project to remove City Hall architectural barriers to the disabled; 2)authorize the Mayor to sign the amended contract. Councilmember Benz registered a "no" vote on this item. (m) RECOMMENDATION FOR APPROVAL TO OPEN NEGOTIATIONS WITH ALLRIGHT CAL. INC. Memorandum from City Manager Stephen Burrell dated March 28, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Stephen Burrell responded to Council questions saying that an agreement was needed before the summer months but this proposed negotiation would not exclude discussion with other companies or even handling the parking lots in-house if that were the most economic method. Action: To direct staff to meet with Allright Cal., Inc. for the purpose of negotiation and return with a proposed agreement extension for Council review and approval. Motion Benz, second Bowler. The motion carried by a unanimous vote. (n) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF 4/3/96. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Action: To: 1)direct staff to return with an item for the Council to review regarding the in-lieu parking program in the downtown area; 2)include the request by Hennessey for in-lieu parking funding; and, 3)approve the recommendation to receive and file the Downtown Business Area Enhancement District Commission action minutes of the regular meeting of April 3, 1996, with the exception of item 4.5 - Review of In-Lieu Parking Program. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz. Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, spoke regarding the downtown. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1154 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 330 AND 342 ARDMORE AVENUE AND INCLUDING 615 THIRD STREET (THE SE CORNER OF ARDMORE AVENUE AND FOURTH STREET) AS DESCRIBED BELOW AND SHOWN ON THE ATTACHED MAP AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 27, 1996. Action: To adopt Ordinance No. 96-1154. Motion Edgerton, second Reviczky. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (h), (j), (m) and (n) 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 7:58 P.M., after considering item 1(e), the order of the agenda was suspended to go to the public hearings starting with item 4.Prior to the public hearing, the following action was taken regarding Municipal Matters: Action: To continue item 8 to the regular meeting of April 23, 1996, and to place items 7 and 9 at the end of the agenda in order to consider whether to continue those items also, or to hear them at that time. Motion Edgerton, second Benz. The motion carried by a unanimous vote. PUBLIC HEARINGS 4.AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT AND PARKING PLAN TO ALLOW EXPANSION OF AN EXISTING RESTAURANT/TAVERN, WITH ON-SALE GENERAL ALCOHOL AND LIVE ENTERTAINMENT, INTO THE ADJACENT EXISTING RESTAURANT SPACE, AND THE ADDITION OF A 600 SQUARE FOOT ROOF SEATING AREA, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 8 PIER AVENUE, "HENNESSEY'S". Memorandum from Community Development Director Sol Blumenfeld dated April 2, 1996. Supplemental information for items 4, 5 and 6 submitted April 4, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:04 P.M. Coming forward to address the Council on this item were: Sheila Donahue Miller - 77 17th Street, appellant, expressed her concern with the proliferation of liquor licenses in the downtown area that would make it difficult for retail establishments to exist in the same area; expressed concern with the lack of a demolition permit, the lack of an asbestos containment plan or check, and the lack of a Coastal Commission permit; said that an Environmental Impact Report (EIR) was a very complicated process that must look at the area as a whole and the impact upon traffic, parking, residents, crime patterns and many other issues; and, said she felt the negative declaration was not warranted nor adequate; Jim Lissner - 2715 El Oeste Drive, appellant, said that a total of eleven people had filed this appeal; said this project and the other two being appealed tonight had a major cumulative impact on the whole City through crime and parking problems and it also created alcohol and social problems; questioned if the City could enforce the mitigating conditions it had placed in the CUP to reduce noise as doors and windows were left open, as evidenced by citizen complaints, and the City did not or could not monitor to determine that these conditions were met; said this was an intensification in the use through longer hours, entertainment and general alcohol rather than beer and wine; said he had questioned Planning Commissioner Dettelbach's potential conflict of interest and now was asking Councilmember Bowler to step down from hearing this item due to his association with the Restaurant and Tavern Owners Association and his ownership of a restaurant serving alcohol that he might expand into the downtown area. City Attorney Michael Jenkins said that the test of a conflict of interest was if approval or denial would have a material financial impact of plus or minus 10,000 for the person voting and it would have to be Councilmember Bowler's decision. Councilmember Bowler said he had no way of determining the exact amount of financial impact that the new businesses could have on his business but if they were approved they would be his competitors so could not increase his business. Continuing to come forward to address the Council on this item were: Chantel Tenace - Hermosa Beach, said that a story in the "Easy Reader" had quoted Mr. Lissner as saying that he had placed 150 pieces of mail in area mailboxes regarding the effect of these projects and that it was a federal crime for anyone other than a postal worker to put anything in a person's mailbox; asked what the City was going to do about that crime; Joel Ball - L. A. Beach Press, said his publication had done extensive demographic research and polls that showed a majority of the people in Hermosa Beach wanted restaurants and bars and felt the Council should deny the appeals; John Burt - 1152 Seventh Street, spoke in support of the project; Bill Bastian - End Zone Sports Bar owner, said he welcomed the competition and applauded the venture; Jerry Newton - Hermosa Beach, said that an appeal was costly to the developer and that the Council should look at the process that allows one person to appeal a project; said that at the very least a small cost bond should be required of the appellant; Patricia Spiritus - Hermosa Beach, said that the downtown was being preserved by these new business ventures; said the revitalization of the downtown was causing building owners to retrofit the buildings rather than just tear them down; Paul Hennessey - Redondo Beach, Hennessey owner, said he was upset by some of the comments of the appellants and considered them untrue; said that he was doing no demolition or building, but that the building was undergoing a seismic retrofit by the owner; said that there had been an asbestos study done; said that he had never had a liquor license violation in over twenty years of business and that he was expanding into a space that had been a restaurant with a liquor license; and, asked that if the Council approved his project, a copy be sent to the ABC as the appellants were also appealing his business expansion to the ABC; Jerry Compton - 1200 Artesia Blvd., project architect, said that Police Chief Straser has said that crime is going down as more upscale businesses go into the downtown area; said that both a building permit and a Coastal Commission permit have been applied for and that the seismic retrofit is being done by the building owner; Sheila Donahue Miller - 77 17th Street, appellant, spoke in rebuttal, said that bonds of the type mentioned by Mr. Newton were not allowed by the state; and, they were appealing these projects to exhaust their administrative remedies; and, Jim Lissner - 2715 El Oeste Drive, appellant, spoke of the concentration of alcohol use in one area and the intensification of use; and said that he had found no record of an asbestos study with the City or with the AQMD. The public hearing closed at 8:40 P.M. Councilmember Bowler questioned Community Development Director Blumenfeld to ask: 1)was he confident that all aspects of the EIR negative declaration for CEQA had been satisfied; and, 2)was the project in question covered under the recent parking plan. Community Development Director Blumenfeld responded yes to both questions. Action: To deny the appeal, sustain the Planning Commission approval of the project and adopt Resolution No. 96-5800, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, AND A PARKING PLAN TO ACCEPT FEES IN-LIEU OF PARKING, TO ALLOW EXPANSION OF AN EXISTING BAR AND RESTAURANT WITH ON-SALE ALCOHOL AND LIVE ENTERTAINMENT INTO THE ADJACENT BUILDING SPACE TO THE WEST AND TO ADD A ROOF-DECK, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 4 AND 8 PIER AVENUE, LEGALLY DESCRIBED AS THE WESTERLY 75 FEET OF THE NORTHERLY 45 FEET OF LOT 5, BLOCK 12, HERMOSA BEACH TRACT." And with the direction to staff to notify the ABC of the Council approval of the project. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 5.AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF A PRECISE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A NEW 6,200 SQUARE FOOT RESTAURANT WITH ON-SALE BEER & WINE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 844 HERMOSA AVENUE, "CALIFORNIA BEACH RESTAURANT". Memorandum from Community Development Director Sol Blumenfeld dated April 2, 1996. Supplemental letter in opposition from Lenore Christine Landavazo, 841 Manhattan Avenue, dated April 4, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:42 P.M. Coming forward to address the Council on this item were: Sheila Donahue Miller - 77 17th Street, said that the same arguments she presented against approval of item 4 applied to this project; said this project was closer to residences that were just across the alley from the proposed business; said the CUP conditions have not been enforced with other businesses and would not be enforced with this one; said the negative declaration was not adequate; Jim Lissner - 2715 El Oeste Drive, said that people lived here because it was a City of residences; repeated his objection to Planning commissioner Dettelbach and Councilmember Bowler voting on these projects; said that these appeals had been filed by eleven people, not just one person; spoke of a letter from Day One in Pasadena that detailed the problems that that City has with a concentration of alcohol establishment in a small area; said it was a cumulative effect and an intensity of use from beer and wine with a restaurant to general alcohol and the longer hours that were being allowed; said this project was being approved with six parking spaces on Palm Drive directly across from residences; said that more employees to an expanded business would be able to receive residential parking permits which would impact on the residential parking; and said that this was actually doubling the alcohol use as California Beach was moving from its present location and leaving a CUP for alcohol use there, as a CUP went with the land not the business; and, Joel Ball - Hermosa Beach, said that nearby residents to this project had purchased their homes in a commercial zone knowingly, so had no reason to complain; also said that Hermosa Beach had the lowest crime rate of any beach city from Malibu to Redondo; James Gastinon - Hermosa Beach, said that he had built his home in Hermosa Beach and had problems with the City, but they had been resolved and now he liked the City and wanted to stay here; and, said he wanted to be able to walk to a restaurant or a bar and liked the way the downtown area was progressing with many new fine dining and entertainment places near-by. The public hearing closed at 9:00 P.M. Councilmember Bowler questioned Community Development Director Blumenfeld to ask: 1)was he confident that all aspects of the EIR negative declaration for CEQA had been satisfied; and, 2)was the project in question covered under the recent parking plan. Community Development Director Blumenfeld responded yes to both questions. Action: To deny the appeal, sustain the Planning Commission approval of the project and adopt Resolution No. 96-5801, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION APPROVAL OF AN ENVIRONMENTAL NEGATIVE DECLARATION, CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN TO ALLOW ON-SALE BEER AND WINE, AND CONSTRUCTION OF A PROPOSED RESTAURANT AT 844 HERMOSA AVENUE, LEGALLY DESCRIBED AS LOTS 23 AND 24 OF TRACT NO. 1564." Motion Edgerton, second Benz. The motion carried by a unanimous vote. 6.AN APPEAL OF THE PLANNING COMMISSION APPROVAL, WITH MODIFICATIONS, OF A PRECISE DEVELOPMENT PLAN TO CONSTRUCT A NEW 17,500 SQUARE FOOT MIXED OFFICE, RETAIL AND RESTAURANT BUILDING ABOVE A TWO-LEVEL PARKING STRUCTURE; CONDITIONAL USE PERMIT TO ALLOW ON-SALE BEER & WINE (BREWPUB), OUTSIDE SEATING AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1301 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 3, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 9:05 P.M. Coming forward to address the Council on this item were: Sheila Donahue Miller - 77 17th Street, referred to the letter written by Donley Falkenstien which listed many potential problems that might affect residents near the project; said that parking and traffic flow were two of the main problems as there was not adequate parking in the alley; said there was also a problem with noise from the project due to the out door seating being allowed; and, said there was no downtown revitalization plan available to determine if potential goals were being met; Gary Brutsch - Hermosa Beach, said it had been a disaster not having a plan when the former Baptist Church had been demolished; said this project was all within the code and the Council should approve the project; Jim Lissner - 2715 El Oeste Drive, reiterated his objection to Planning Commissioner Dettelbach and Councilmember Bowler voting on the project; referred to the letter from Falkenstien; said that this project added to the cumulative effect of liquor serving businesses concentrated in one small area; said there would be a greater parking problem in the neighboring residential area as employees would be eligible for residential parking permits to allow them to park on the streets; spoke regarding the City staff not being able to enforce the conditions of the CUP; and spoke of errors in the letter from Ein Steins; Jerry Compton - 1200 Artesia Blvd., said it was necessary for this site to be developed and this project had the mix that included retail and office space that the City was trying to encourage; John Hales - 624 Eighth Place, said the former church structure had been just as large as the structure being proposed and felt this development would be a plus for the City; Richard Johns - Manhattan Beach, asked the Council to consider a re-vamp of the appeals process for development projects; asked that the City Council support long-time businessmen of the caliber of Mr. Hennessey and Mr. Ludwig; Joel Ball - Hermosa Beach, said this was a matter of supply and demand, that if there were no demand for restaurants and bars they would not stay in business; said let the consumers drive the market; Shea McColgan - 912 Ninth Street, said that these businesses were putting in hundreds of thousands of dollars into these projects and asked why they were being opposed; asked the Council to support all three projects; John Burt - 1152 Seventh Street, said he supported the businesses; Bruce Rolls - Hermosa Beach, said he was happy with the downtown clean-up; Steven Roberts - "Cafe Boogaloo" owner, said he supported the downtown business expansion; and, Jim Lissner - 2715 El Oeste Drive, appellant, said he would be just as concerned if the whole downtown area was being built with churches, as it was the cumulative effect of the liquor establishments on a small area; and, said he would like a vote for diversity rather than just restaurants that served alcohol. The public hearing closed at 9:29 P.M. Councilmember Bowler questioned Community Development Director Blumenfeld to ask: 1)was he confident that all aspects of the EIR negative declaration for CEQA had been satisfied; and, 2)was the project in question covered under the recent parking plan. Community Development Director Blumenfeld responded yes to both questions. Action: To deny the appeal, sustain the Planning Commission approval of the project and to adopt Resolution No. 96-5802, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A PRECISE DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A TWO-STORY MULTI-USE COMMERCIAL BUILDING ABOVE A TWO- LEVEL PARKING STRUCTURE AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1301 MANHATTAN AVENUE AND LEGALLY DESCRIBED AS LOTS 16, 17, AND 23, TRACT NO. 1125, AND LOTS 18&19, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH." Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To deny the appeal, sustain the Planning Commission approval of the project and to adopt Resolution No. 96-5803, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW ON- SALE BEER AND WINE, OUTSIDE DINING AND LIVE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 1301 MANHATTAN AVENUE AND LEGALLY DESCRIBED AS LOTS 16, 17 AND 23, TRACT NO. 1125, AND LOTS 18 AND 19, BLOCK 34, FIRST ADDITION TO HERMOSA BEACH." Motion Edgerton, second Benz. The motion carried by a unanimous vote. The meeting recessed at the hour of 9:37 P.M. The meeting reconvened at the hour of 9:55 P.M. and suspended the order of the agenda to go to item 10. MUNICIPAL MATTERS 7.CONFLICT OF INTEREST ORDINANCE. Memorandum from City Manager Stephen Burrell dated April 2, 1996. Action: Mayor Oakes directed, with the consensus of the Council, that this item be continued to the regular meeting of April 23, 1996. 8.CLARK FIELD MASTER PLAN: PARKING AND ENTRYWAY. Memorandum from Community Resources Director Mary Rooney dated April 1, 1996. Action: Mayor Oakes directed, with the consensus of the Council, that this item be continued to the regular meeting of April 23, 1996. 9.ORDINANCE TO REPEAL OR AMEND CERTAIN OUT-OF-DATE HERMOSA BEACH MUNICIPAL CODE SECTIONS. Memorandum from City Clerk Elaine Doerfling dated March 27, 1996. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To introduce Ordinance No. 96-1155 as amended by deleting sections 5, 6 and 7, relating to purchasing, and renumbering the sections. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1155, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS OR AMENDING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS FOR THE PURPOSE OF DELETING OUT OF DATE MATERIAL FROM THE HERMOSA BEACH MUNICIPAL CODE." Motion Edgerton, second Bowler. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 10. RELOCATION OF MULTI-WAY STOP SIGNS TO PROSPECT AVENUE AND MASSEY AVENUE FROM PROSPECT AVENUE AND HOLLOWELL AVENUE. Memorandum from Public Works Director Amy Amirani dated April 2, 1996. Supplemental letter from Steve A. Crecy, 1148 Second Street, dated April 6, 1996, containing a petition with 34 signatures in opposition. Public Works Director Amirani presented the staff report and responded to Council questions and said that staff had no objection to deleting the second item in its recommendation and leave the stop controls at First and Second Streets. City Manager Burrell also responded to Council questions. Public participation opened at 10:03 P.M.Coming forward to address the Council on this item were: Michael Cannada - 2326 Ralston Lane, father of children in the church school, said that 6,000 people use the church and 270 families have children in the school and it was very difficult to cross Prospect Avenue due to the traffic and the speed attained by the cars at that intersection; said it was a safety factor to move the stop intersection in order to make it more accessible to those using the church or the school; John Burt - 1152 Seventh Street, spoke of the traffic on Prospect; said it should be for residential use only rather than a thoroughfare for commuter traffic; spoke of accidents in the area; said he favored moving the stop intersection to Massey and keeping the stop controls at First and Second Street; and, Daniel Villa - 10038 Manhattan Beach Blvd., Lawndale, President of Parish Council, said he has had to act as a crossing guard at the intersection to allow children to cross the street; requested a temporary stop sign until a decision is made. Public participation closed at 10:09 P.M. Action: To direct the Public Works Department staff to notify the residents within a 300 foot radius of the proposed changes and to hold a public meeting (on a night other than a Wednesday) as soon as possible to try to achieve a consensus on the course of action regarding the stop intersections and stop controls along that area of Prospect Avenue. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 11. CROSSING GUARD PROGRAM. Memorandum from City Manager Stephen Burrell dated March 28, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:15 P.M.Coming forward to address the Council on this item was: Chris Smith - 311 - 28th Street, asked that the Council not judge the public reaction to paying for crossing guards from the results of the March 26, 1996, vote on measure F, which many people saw as a last minute attempt to have people vote for the measure, but to remember that over 60 percent of the voters had voted in favor of a direct school crossing guard assessment last November; said that most people did view this as a public safety issue; and spoke in support of having older students act as crossing guards in areas close to the schools. Public participation closed at 10:16 P.M. Action: To approve the staff recommendation to: 1)approve the appropriation of 30,000 to the Crossing Guard Program to fund the program for the remainder of the school year; 2)provide general direction on the future of the Crossing Guard Program; and, 3)instruct the subcommittee, of Edgerton and Reviczky, to report back by the May 14, 1996, City Council meeting, with the Council direction that the sub- committee is to explore dual funding with the School District and to offer the assistance of the Police Department to train 7th and 8th graders to assume some of the responsibility of crossing guards. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 12. USE OF PUBLIC RIGHT-OF-WAY ALONG BEACH DRIVE / WALK STREETS SURVEY AND ISSUES. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To form a sub-committee, of Reviczky and Mayor Oakes, to review the east side of Beach Drive and to come back to the Council with suggestions for: 1)commercial properties as distinguished from residential properties; 2)24th Street properties as distinguished from the other properties; and, 3)the possibility of a parking lane on the east side of Beach Drive to eliminate front yard parking. And, to direct staff to: 1)pursue whatever means possible to ensure compliance from all property owners on the west side of Beach Drive; and, 2)provide exact dimensions regarding the property lines along Beach Drive. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 13. DOWNTOWN STREETSCAPE / LOWER PIER AVENUE CONSTRUCTION. Memorandum from City Manager Stephen Burrell dated April 4, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)Direct staff to review and develop alternatives for City Council consideration at the April 23, 1996 meeting; 2)direct that the Pier Reconstruction sub-committee, of Reviczky and Mayor Oakes, meet to provide input; and, 3)direct that the decision on the IBI proposal to provide design services be considered at the April 23, 1996 meeting. Motion Edgerton, second Mayor Oakes. The motion carried by a unanimous vote. 14. HERMOSA INN HOTEL EIR CONTRACT FOR CONSULTING SERVICES. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 10:35 P.M.Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste Drive, questioned how the City could ensure bed tax compliance with 96 separate owners; and asked if C.C. and R.s had been developed that were available for public viewing (Community Development Director Blumenfeld said that no C.C. and R.s had been developed at this time.) Public participation closed at 10:38 P.M. Action: To approve the staff recommendation to: 1)Approve award of contract to EIP Associates' for the preparation and processing of an Environmental Impact Report in connection with the Hermosa Inn Hotel Project at a cost of 68,140 which will be paid by the hotel developer; 2)authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by City Attorney; 3)Authorize the Director of Community Development to accept the project as complete on behalf of the City Council upon completion of work; and, 4)authorize the Director of Community Development to make minor changes to the scope of work as necessary. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 15. REQUEST FROM ROGER BACON TO INCREASE THE AMOUNT OF TIME BANNERS CAN BE DISPLAYED ON COMMERCIAL BUSINESSES. Memorandum from City Manager Stephen Burrell dated April 3, 1996. City Manager Burrell responded to Council questions. Public participation opened at 10:46 P.M. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, suggested that there be no limit on signs but to let the market determine the amount of signage thus saving time and money on staff enforcement; and, Jerry Compton - 1200 Artesia Blvd., said the City has gone through a lot of changes with the sign ordinance and felt that there should either be a sign ordinance that was enforced fairly for all businesses or nothing at all. Public participation closed at 10:50 P.M. Proposed Action: To direct staff to return with possible changes to the sign ordinance for the display of temporary signs and banners for a longer period. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Reviczky and Mayor Oakes. Action: To appoint Councilmember Benz to review the sign ordinance and recommend ways to condense it. Motion Edgerton, second Mayor Oakes. The motion carried by a unanimous vote. 16. RECOMMENDATION TO RETAIN GENERAL CONTRACTOR AND VENDOR TO COMPLETE CITY HALL FIRST FLOOR OFFICE REMODEL. Memorandum from Community Development Director Sol Blumenfeld dated April 2, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1)award contract to Westcon Enterprises, Inc., a General Contracting Firm, to complete the first floor office remodel for the amount of 36,579; 2)award contract to Jules Seltzer Associates for modular walls and workstations for the amount of 79,414; 3)appropriate 92,730 of UUT funds to cover remodel project costs; 4)authorize the Director of Community Development to make minor changes as necessary commensurate with budget and 10% contingency; and 5)direct staff to use CDBG funds wherever possible to comply with ADA requirements. Motion Bowler, second Reviczky. The motion carried, noting the dissenting votes of Benz and Edgerton. The meeting recessed at 11:10 P.M. The meeting reconvened at 11:16 P.M. and returned the order of the agenda to item 3, in order to continue with the pulled consent calendar items starting with number 1(h). 17. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.PROPERTY TAX LEGISLATION. Memorandum from City Manager Stephen Burrell dated March 28, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct staff to prepare letters of support for the Mayor's signature for the following items: 1)AB2228 (Mazzoni) which deals with special education costs statewide and specific limits in Marin and Mono counties; 2)AB2797 (Aguiara) and SB1865 (Craven) would limit the City contribution to the amount paid in the prior year and with any growth in property tax revenue going to the City; and, 3)AB2828 (Sweeney) would allocate an unspecified amount of the state General Fund to partially repay local agencies for their contribution to ERAF. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. b.REQUEST FROM CITY OF COVINA FOR SUPPORT OF SB1977. Memorandum from City Manager Stephen Burrell dated April 3, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to authorize letters of support for SB1977 which would shift one percent of the state sales tax to cities and counties on the basis of population. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. c.REQUEST FROM THE AMERICAN OCEANS CAMPAIGN FOR RENEWAL OF THE OCS OIL DRILLING MORATORIUM. Memorandum from City Manager Stephen Burrell dated March 26, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation and adopt Resolution No. 96-5804, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING RENEWAL OF THE OFFSHORE OIL DRILLING MORATORIUM AND FEDERAL LEGISLATION TO PROVIDE LONG TERM PROTECTION FROM OFFSHORE OIL DRILLING." Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. d.REQUEST OF METROPOLITAN WATER DISTRICT TO SUPPORT PROPOSED COLORADO RIVER PROGRAM. Memorandum from City Manager Stephen Burrell dated March 26, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file. Motion Benz, second Mayor Oakes. The motion carried by a unanimous vote. 18. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 19. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Councilmember Bowler for consideration of a suggestion from resident Jack O'Hara for a sister city in Ireland. Councilmember Bowler spoke to his request. Action: To approve the consideration of a Sister City in Ireland. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, spoke in opposition of beach special events. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code 54956.9(a), Existing Litigation: Clark v. City of Hermosa Beach: Case No. YS002665, Superior Court - Torrance. 2)PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code 54957 - City Manager. Action: Mayor Oakes directed, with the consensus of the Council, to continue the closed session to a date to be determined. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 9, 1996 at the hour of 11:55 P.M. to the Regular Meeting of Tuesday, April 23, 1996 at the hour of 7:00 P.M. ********************************************************************** 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 4-23-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 23, 1996, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Cathy McCurdy, Hermosa Beach School Board ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None PROCLAMATION: PUBLIC SERVICE RECOGNITION WEEK May 1 - 7, 1996 Mayor Oakes read the proclamation, encouraged all citizens to recognize the accomplishments and contributions to the City of government employees at all levels, including, federal, state and municipal, and proclaimed the week of May 1 - 7, 1996 as Public Service Recognition Week. ANNOUNCEMENTS: Mayor Oakes announced that the Olympic Torch Relay would arrive in Hermosa Beach at a little after 10:00 P.M. on Saturday, April 27, 1996, and said there would be festivities from noon until midnight on lower Pier Avenue (Hermosa Avenue to the Strand) with a renowned chalk artist, children's drawings and the Mira Costa Matching Band. Mayor Oakes also announced that Wednesday, April 24, 1996 was Secretaries' Day; Thursday, April 25, 1996, was "Take your Daughter to Work Day"; and, Saturday, May 4, 1996, was a "Household Hazardous Waste Roundup" day from 9:00 A.M. to 3:00 P.M. at Marine and No. Redondo Avenues, TRW Space and Electronics, Gate 19. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Merna Marshall - Past President of the Hermosa Beach Sister City with Loreto, Mexico announced that a Cinco de Mayo celebration would be held at the Kiwanis Club on Valley Drive near Gould Avenue on Saturday, May 4, 1996, from 6:00 to 10:00 P.M.; said this was to be a family affair, that everyone was invited and that the admission price was 15.00 for adults and 5.00 for children 8 to 12 years old; and, gave the phone number 374-4072 for ticket information; Carol Risa - Beach Cities Health District, announced that a free screening for anxiety related problems will be available on Wednesday, May 1, 1996, from 10:00 A.M. until 8:00 P.M. at 514 N. Prospect in Redondo Beach at the South Bay Medical Center Hospital Auditorium and to call 374-4298 for more information; Cindy Demboski - 242 31st Street, said that she has tried for over one and one-half years to rebuild a five foot high cedar fence on her property that had deteriorated, but had been prevented by City delays; said that the lack of a fence had caused her to lose her tenants due to the lack of privacy and the unsightly condition of the yard as it now collected all of the neighborhood trash and dog droppings; said that all of her neighbors had six to nine foot fences, some constructed without permits; asked that she be allowed to build a five foot high redwood fence, partially open; and submitted information; (City Manager Stephen Burrell said he hoped to have the Ordinance regarding fence height in this area back before the Council at the next meeting.); and, Margie Fish - 3233 Strand, spoke and showed photographs of cracks, broken concrete and unsightly conditions on the north end Strand walk and wall; asked that the Council set this repair as a priority item over downtown beautification; said that she and her husband had no objection if that portion of the Strand were declared a bike path as that was how it was used now. (City Manager Burrell said the approximate cost of these repairs was 600,000 and it would require a change of the General Plan and the Circulation Plan before funding could be sought.) (b) WRITTEN COMMUNICATION - None At 7:50 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 (f), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Benz. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on April 9, 1996. Action: To approve the minutes of the Regular Meeting of April 9, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 6443 THROUGH 6585 INCLUSIVE AND NO. 6963, AND TO APPROVE CANCELLATION OF CHECK NOS. 6268 AND 6368 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 1996 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the report that the March, 1996, Financial Reports are delayed due to preparation of the 1996-97 budget. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 4/16/96. Action: To receive and file the action minutes from the Planning Commission meeting of April 16, 1996. (f) RECOMMENDATION TO APPROVE THE MASTER PLAN OF DRAINAGE AND DIRECT STAFF TO SEEK OUTSIDE FUNDING FOR THE IMPLEMENTATION OF THE PLAN. Memorandum from Public Works Director Amy Amirani dated April 16, 1996. 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 saying that the City was in the process of applying for grants from FEMA and the Los Angeles County Flood Control District as this was a ten year project at an estimated cost of eight million dollars. City Attorney Michael Jenkins also responded to Council questions saying that if the City has knowledge and does not act to correct a problem, the potential for liability increases. Action: To direct staff to explore the feasibility of an indemnity clause to limit future liability for the City due to flooding and to have the County accept the responsibility for the maintenance and liability of L.A. County owned storm drains. Motion Benz, second Edgerton. The motion carried by a unanimous vote. Further Action: To approve the Master Plan of Drainage and direct staff to seek outside funding for the implementation of the plan, with the added direction to staff to look at the possibility of utilizing emergency pumps to drain off storm water. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Reviczky. Final Action: To direct staff that looking at the possibility of utilizing emergency pumps is not a high priority item with the Council and should only be done as time allows. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote of Benz. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1155- 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS OR AMENDING CERTAIN ORDINANCES AND THEIR CORRESPONDING MUNICIPAL CODE SECTIONS FOR THE PURPOSE OF DELETING OUT-OF-DATE MATERIAL FROM THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated April 15, 1996.. Action: To adopt Ordinance No. 96-1155 . Motion Reviczky, second Bowler. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) 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. The meeting recessed at the hour of 8:32 P.M. The meeting reconvened at the hour of 8:49 P.M. PUBLIC HEARINGS 4.TEXT AMENDMENT TO SIGN ORDINANCE REGARDING THE DEFINITION OF ROOF SIGNS, AND TO ALLOW EXCEPTIONS TO THE PROHIBITION OF ROOF SIGNS FOR ARCHITECTURAL PROJECTIONS APPROVED BY THE PLANNING COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated April 15, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:53 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:53 P.M. Action: To introduce Ordinance No. 96-1156. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1156, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DEFINITION OF ROOF SIGNS, AND TO ALLOW ROOF SIGNS LOCATED ON PROJECTIONS ABOVE THE ROOF IF DETERMINED TO BE ARCHITECTURAL PROJECTIONS BY THE PLANNING COMMISSION.2 Motion Edgerton, second Bowler. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 5.TEXT AMENDMENT TO MUNICIPAL CODE CHAPTER 7 TO ADD A SECTION REQUIRING RUST RESISTANT COATINGS FOR EXTERIOR METALLIC SURFACES. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 1996. (Continued from meeting of March 26, 1996) Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:59 P.M.Coming forward to address the Council on this item was: Joe DiMonda - 9th Street, spoke regarding the need for an Ordinance of this type to prevent some builders from simply putting a coat of paint on the metal that will then rust out in a few years leaving the buildings unsightly and the railings unsafe; and, Jim Lissner - Hermosa Beach, said the idea of protective standards was good, but this Ordinance needed more work as epoxy did not withstand the salt air at the beach and cadmium was poisonous; also said the welds should be mechanically or electrically polished to prevent rust. The public hearing closed at 8:03 P.M. Action: To direct staff to return with a draft ordnance containing approved standards for rust protection for metal railings and surfaces, and to limit the requirement to structural or safety railings or surfaces only and not include decorative pieces. Motion Reviczky, second Benz. The motion carried by a unanimous vote. At the hour of 8:08 P.M. the order of the agenda was returned to item 1. MUNICIPAL MATTERS 6.CONFLICT OF INTEREST ORDINANCE. Memorandum from City Manager Stephen Burrell dated April 2, 1996. Supplemental draft ordinance from Councilmember Edgerton received at 7:00 P.M. on April 23, 1996. Two supplemental draft ordinances from City Attorney Michael Jenkins received during consideration of this item. (Continued from meeting of April 9, 1996.) City Attorney Jenkins presented the staff report and responded to Council questions. A point of order was raised by Jim Lissner, Hermosa Beach, that the draft ordinances that were being referenced were not in the public information packet. Public participation opened at 9:16 P.M. Coming forward to address the Council on this item were: Joe DiMonda - 9th Street, Planning Commissioner, said that the inclusion of potential conflict of interest could deter many people from volunteering for public service and asked that it not be included unless a clear definition of potential conflict were included; and expressed concerns regarding the requirement that there be written notification within two business days of a conflict arising; Jerry Compton - 1200 Artesia Blvd., former Planning Commissioner, said he was speaking as President of the Cabrillo Chapter of the A.I.A. and that a part of his job was to encourage architects to become involved in Community Boards and Commissions in order to volunteer their time and expertise to try to help their communities, but an ordinance of this type would put an onerous burden on those who also gained their livelihood in the communities due to the lack of definition of potential conflict; and asked that the ordinance be limited to an actual conflict of interest and suggested that notice be given a certain amount of time prior to the item being heard rather than an amount of business days after the conflict arises; and, Jim Lissner - Hermosa Beach, questioned why the conflict of interest applied only to the Planning Commission rather than to all Commissions; questioned why three new versions of the ordinance had been referenced since discussion of the item had begun; said he felt notice of a conflict should be given both a specified period after the conflict arises (two days might be too long) and before it is heard. Public participation closed at 9:16 P.M. Action: To approve the changes to the proposed ordinance received from Councilmember Edgerton tonight as follows: 1)section 2, page 3, first line, "...matter by reason of potential conflict of interest or actual a conflict of interest..."; 2)section 2, page 3, define the conflict in that paragraph as described in state law; 3)section 2, page 3, line 6, "...and City Attorney at the earliest possible time and in no event later than two (2) five (5) business days..."; 4)section 2, page 3, paragraph 2, line 2, "...particularity the potential or actual nature of the conflict, the scope of the member's..." 5)section 2, page 3, paragraph 2, line 3, "...involvement in the project or transaction at issue, and the general amount of financial or other consideration that a monetary or other consideration is to be derived by the member from said project or transaction."; 6)section 3, page 3, paragraph 1, line 2, "...consistent with all applicable state and federal laws."; and, 7)section 1, page 2, paragraph 1, line 9, "...ethical safeguards and guidelines are desirable to require the disclosure of a potential conflict of interest or an actual conflict of interest at the earliest possible time.", And, to use the format that the City Attorney prefers and bring back an ordinance that includes the sections now in the Code that relate to conflict of interest, as well as these changes, in order for the Council to see the sections in total. Motion Mayor Oakes, second Benz. The motion carried by a unanimous vote. City Attorney Jenkins said that he would bring back an ordinance that contained all that was in the code plus the changes requested, but the format would be changed to conform to law and make the sections more readable. 7.CLARK FIELD MASTER PLAN: PARKING AND ENTRYWAY. Memorandum from Community Resources Director Mary Rooney dated April 1, 1996. (Continued from meeting of April 9, 1996) Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:32 P.M. Coming forward to address the council on this item were: Robert Aronoff - Parks, Recreation and Community Resources Advisory Commissioner, spoke regarding the Master Parking Plan for Clark Field; said there was parking near the snack stand for deliveries and those staffing the stand; said the pylons barring driving on the field were retractable in order to allow access to emergency vehicles; said the plan increased parking, provided turn around areas, created better traffic flow and increased safety for the parking area; Joe DiMonda - 9th Street, said that the City needed beautification as it means higher real estate values and thus more income for the City; said this was a reasonable plan and alleviated the problems that arose when trying to park in the lot as it was now configured; said he lived across the street and had watched people drive across the field; and, said that the cost of replacing the irrigation system due to vehicular traffic should be considered; Jerry Compton - 1200 Artesia Blvd., said that the City should abide by the standard required of others and have a five foot landscaped strip next to the residential areas; said that this plan took away the grassy areas and put in paving; said a waiting area should be closer to the snack stand; and suggested that access should be taken off of Eleventh Street and placed on Valley Drive; and, Ron Zargosa - Little League, said that there had been no injuries due to parking on the north side of the field and that parking was needed there as the lot parking was taken by people playing basketball who were not even residents of Hermosa Beach; said rather than spend the money on the parking lot it should be used to put in another baseball field and to upgrade the press box and snack stand. Public participation closed at 9:58 P.M. Action: To approve in concept the Parking Plan for Clark Field as shown by the Parks, Recreation and Community Resources Advisory Commission with the suggestion of looking at a fourth baseball diamond, adding the five foot landscape strip without losing any parking spaces, eliminating the tot lot and the tree section, having the traffic engineer review the proposed plan to ensure that it is adequate regarding ingress and egress, and to direct staff to work on the problem of emergency access without allowing other vehicles onto the field. Motion Mayor Oakes, second Reviczky. The motion carried, noting the dissenting votes of Benz and Edgerton. Final Action: To eliminate parking on the north side of the field. Motion Mayor Oakes, second Edgerton. The motion carried, noting the dissenting votes of Bowler and Reviczky. The meeting recessed at the hour of 10:27 P.M. The Meeting reconvened at the hour of 10:50 P.M. 8.FIRE FLOW FEE ORDINANCE REVENUES. Memorandum from Fire Chief Pete Bonano dated April 15, 1996. Action: To continue this item to the Regular Meeting of May 14, 1996. Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote. 9.DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION REQUEST FOR LOWER PIER AVENUE STREET CLOSURE DURING AVP WORLD CHAMPIONSHIP WEEKEND AND AUTHORIZATION TO ISSUE R.F.P. TO EVENT PROMOTER TO MANAGE STREET CLOSURE EVENT. Memorandum from Community Development Director Sol Blumenfeld dated April 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions by saying that the Commission estimated that the event promoter would cost 5,000.00. Public participation opened at 10:56 P.M. Coming forward to address the Council on this item were: Carol Duff - Chamber of Commerce, said that the Chamber did a project of this type two years ago and spent 15,000 on a one day event; and, said that the Chamber had not discussed sponsoring this event but would be happy to submit a bid as the event promoter; Dallas Yost - Pacific Screenprints, Downtown Business Area Enhancement District Commission, spoke in favor of the project; said that it had cost the Chamber 18,000 to promote their event two years ago; and suggested moving the AVP stadium northward in front of Noble Park to open the sea view to the businesses on the Strand and asking the AVP to be the street closure event promoter; and, Jim Dewey - 711 Manhattan Avenue, Downtown Business Area Enhancement District Commission, said that the Commission had had mixed results from events sponsored in the past, but none had been really successful; and, said that the Commission had decided to try a professional event promoter to see if this type of coordinated event could be successful before abandoning the effort. Public participation closed at 11:02 P.M. Action: To approve the staff recommendation to: 1)conceptually approve the request for a street closure of lower Pier Avenue from Hermosa Avenue to the Strand on Saturday August 24, 1996 and/or Sunday, August 25, 1996, during the AVP world championships; and, 2)authorize the Downtown Business Area Enhancement District Commission to issue a Request For Proposals (RFP) for an event promoter, with the added provision that this be accomplished at no cost to the City. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 10. DOWNTOWN STREETSCAPE / LOWER PIER AVENUE CONSTRUCTION. Memorandum from Public Works Director Amy Amirani dated April 17, 1996. Public Works Director Amirani presented the staff report and responded to Council questions and said that she estimated that the total parking plan would be before Council in a month and that the plan for lower Pier Avenue was for one-way traffic, westbound, with two lanes. City Manager Burrell also responded to Council questions and said that he was currently working with the downtown property owners and expected a petition for a 1911 assessment district act in the amount of 400,000 (to be paid by the downtown property owners) to come before the Council soon, as it was close to the 51 percent needed. Public participation opened at 11:20 P.M. Missy Sheldon - 1800 Strand, said there was support by the downtown merchants for widening the sidewalks and for closing Pier Avenue west of Beach Drive, but there was also a lot of confusion regarding the circulation pattern on Pier Avenue between Hermosa Avenue and Beach Drive and asked that the City restate the traffic plan; Dallas Yost - Pacific Screenprints, Downtown Business Area Enhancement District Commission, said that many people did not want lower Pier Avenue to be one-way; said that he would like the sidewalk to be 22 feet wide rather than 26 feet wide; and that more study was needed to keep that area of the street two-way in order to allow people to travel through Hermosa Beach twice rather than to turn to Redondo or Manhattan Beach; Jim Dewey - 711 Manhattan Avenue, Downtown Business Area Enhancement District Commission, said that R/UDAT had started in 1991 and it had taken five years to progress to this point; said that the traffic plan was flexible so that if one- way traffic din not work it could be converted to two-way; said that if we make changes now it could be another five years before something is done; urged the Council to stick with the plan; and, Jim Lissner - Hermosa Beach, said that he would like lower Pier Avenue closed but he was most concerned with the financing; said of the list of monies available for the project, almost all had come from the community at large; said instead of paying a 400,000 assessment the downtown property owners, who would be the major beneficiary of this plan, should be assessed the whole amount; and, expressed concerns about a possible 5.1 million dollar bond issue. (City Manager Burrell said that no bond issue was planned.) Public participation closed at 11:38 P.M. Action: To approve the staff recommendation to: 1)Authorize the City Manager to negotiate a contract with IBI Group for preparation of construction documents and specifications for lower Pier Avenue; 2)Appropriate 152,000 from the Downtown Business Area Enhancement District Fund to CIP #96-160; 3)Reject all other proposals; 4)Direct staff to work with downtown property owners in developing an Assessment District; and, 5)Direct staff to return with a plan to install parking meters on upper Pier Avenue and create consistent hours of enforcement for all meters (in the City). Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. 11. BANNER PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated April 16, 1996. Action: To continue this item to the Regular Meeting of May 14, 1996. Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.TELECOMMUNICATIONS, FEE LIMITATIONS (SB1896 - COSTA). Memorandum from City Manager Stephen Burrell dated April 17, 1996. Action: To approve the staff recommendation to authorize a letter of opposition to SB1896 in its present form. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. b.REQUEST FOR ADDITIONAL AGENDA TOPICS FOR THE JOINT CITY COUNCIL & PLANNING COMMISSION MEETING SCHEDULED FOR APRIL 30, 1996. Memorandum from City Manager Stephen Burrell dated April 18, 1996. Action: Mayor Oakes directed, with the consensus of the Council, that the joint City Council and Planning Commission meeting of April 30, 1996 be rescheduled due to the fact that two Councilmembers could not attend on that date. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 14. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request by Councilmember Benz to direct staff to explore methods of curbing excessive appeals. Action: Mayor Oakes directed, at the request of Councilmember Benz, that this item be continued to the Regular Meeting of May 14, 1996. b.Request by Councilmember Edgerton to create a sub- committee to meet with officials in Redondo Beach, Manhattan Beach and, if necessary, Congresswoman Jane Harmon to discuss Century Cable's plans to implement rate increases for cable television service. Action: Mayor Oakes directed, at the request of Councilmember Edgerton, that this item be continued to the Regular Meeting of May 14, 1996. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jim Lissner - Hermosa Beach, referred to page three of the staff report for item 10, Downtown Streetscape - Lower Pier Avenue Construction, under Funding Strategy - Other Areas, "...could be constructed with the bond proceeds in advance." ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code 54956.9(a), Existing Litigation: a)Clark v. City of Hermosa Beach: Case No. YS002665, Superior Court - Torrance; and, b)Carrillo v. City of Hermosa Beach Case No. YC020233. 2)PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code 54957 - City Manager. Action: Mayor Oakes directed, with the consensus of the Council, to continue the closed session to an Adjourned Regular Meeting of Thursday, April 25, 1996 at the hour of 5:00 P.M. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 23, 1996 at the hour of 11:59 P.M. to the Adjourned Regular Meeting of Thursday, April 25, 1996 at the hour of 5:00 P.M. for the purpose of a closed session. ********************************************************************** 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 5-14-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 14, 1996, at the hour of 7:14 P.M. PLEDGE OF ALLEGIANCE - Carol Duff, Chamber of Commerce ROLL CALL: Present: Benz, Bowler, Reviczky, Mayor Oakes Absent: Edgerton (arrived at 7:31 P.M.) ANNOUNCEMENTS: Mayor Oakes announced that the Hermosa Beach Firefighters Association's benefit Pancake Breakfast would be held at the Hermosa Beach Fire Station on Sunday, May 26, 1996 from 7:00 to 11:00 A.M. with the cost per person of 3.00 for children over five and adults and 1.00 for children under five years of age and invited everyone to attend and share breakfast with the Hermosa Beach Firefighters. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, reminded the Council that they had started the meeting late and said that if they could not start on time they should change the meeting time to 7:30 P.M.; and said that Hermosa Beach citizens had voted against paying for the School Crossing Guards and questioned a warrant paying for this service; said the schools should be paying at least half of this cost; Sheila Miller - 17th Street, spoke regarding the item (15a) suggesting an increase in appeal fees; questioned the justification in services for an increase; said other cities had a much lower appeal fee; and reminded the Council that this increase would have to apply to everyone seeking an appeal, not just to those appealing commercial projects; John Hales - 624 Eighth Place, spoke regarding compact versus standard size stalls for auto parking, particularly in regard to proposed changes for parking at Clark Field and the downtown area; said the size allowed for compact cars was 7.5 feet by 15 feet and the size for standard cars was 8.5 by 18 feet; said that cars were becoming larger and suggested that the City not consider using compact stalls in its parking studies; and, Jim Lissner - 2715 El Oeste Drive, questioned what had happened to the study requested by Councilmember Edgerton regarding the concentration of alcohol serving businesses in the downtown area as it was now three months after his initial request, and said that Mr. Edgerton's request for an Ordinance changing the conflict of interest regulations had come back in thirty days; spoke of crime statistics and submitted information from the Police Department. (b) WRITTEN COMMUNICATION 1)Letter from Roger Creighton dated April 29, 1996 regarding the purchase of the greenbelt and the elimination of the 4% UUT. Action: To approve the staff recommendation to receive and file. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 2)Letter from Jim Lissner dated May 9, 1996 requesting a live telecast of the Environmental Scoping Meeting scheduled for May 16, 1996. Action: To receive and file. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (a) Benz. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on April 23, 1996; and, 2)Minutes of the Adjourned Regular Meeting held on April 25, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting in order to question why the City was still allowing some parking on the north side of Clark Field when the motion had been to close this parking area due to safety concerns. City Manager Stephen Burrell said that three parking spaces were allowed next to the snack stand. City Attorney Michael Jenkins said that discussion of this item was not on the agenda therefor he suggested that the Council have staff return with the item. Councilmember Edgerton arrived at 7:31 P.M. Action: Mayor Oakes directed, with the consensus of the majority of the Council, that entry to the north side of Clark Field be chained-off immediately. Final Action: To approve the minutes of the Regular Meeting of April 23, 1996, and the Adjourned Regular Meeting of April 25, 1996, as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 6586 THROUGH 6737 INCLUSIVE, NOTING VOIDED CHECK NO. 6728 AND TO APPROVE CANCELLATION OF CHECK NOS. 6699 AND 6419, IN A TOTAL MOUNT OF 230.00, AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated April 29, 1996. Action: To approve the staff recommendation to deny the following claim and refer it to the Citys Liability Claims Administrator: Claimant:Balog, Patricia Date of Loss: 10/22/95 Date Filed:04/18/96 Allegation:Alleges City negligence and dangerous condition on public property contributed to bodily injury caused by falling off bicycle. (Edgerton absent) (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF 5/1/96. Action: To receive and file the action minutes from the Downtown Business Area Enhancement District Commission as presented. (Edgerton absent) (f) RECOMMENDATION TO AWARD CONTRACT FOR PERFORMANCE OF AN ENVIRONMENTAL INVESTIGATION ON THE LOT C SITE TO LEIGHTON AND ASSOCIATES IN THE AMOUNT OF 10,300.00. Memorandum from Public Works Director Amy Amirani dated May 2, 1996. Action: To approve the staff recommendation to: 1)award contract for performance of an environmental investigation on Lot C site to Leighton and Associates in the amount of 10,300; 2)direct the Director of Public Works to reject all other bids; 3)authorize the Director of Public Works to make minor changes it the contract not to exceed 10 percent of the contract amount; and, 4)appropriate 10,300 from the Downtown Business Area Enhancement District fund to the Downtown Parking Structure Project - Lot C (CIP 96-624). (Edgerton absent) (g) RECOMMENDATION TO AWARD A BID FOR THE PURCHASE OF A 1996 EXTENDED CAB PICK-UP TRUCK TO DOWNEY FORD FOR A COST OF 24,601.60. Memorandum from Public Works Director Amy Amirani dated April 18, 1996. Action: To approve the staff recommendation to award a bid for purchase of a 1996 extended cab pick-up truck to Downey Ford for a cost of 24,601.60. (Edgerton absent) (h) RECOMMENDATION TO AWARD BID TO UNIFORM EXPRESS FOR THE PURCHASE OF PERSONAL BALLISTIC VESTS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated May 6, 1996. Action: To approve the staff recommendation to award a contract to Uniform Express of Montebello, California for the purchase of personal ballistic vests for the members of the Police Department at a cost of 369.50 per vest out of the budgeted amount of 14,000. (Edgerton absent) (i) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOM 7 IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated May 6, 1996. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the South Bay Free Clinic and the City for the use of Room 7 in the Community Center at a rate of 1,023 per month (1,100 sq.ft. X .93 per sq.ft.) from June 15, 1996, through June 14, 1997, for a total rental income of 12,276; and, 2)authorize the Mayor to sign the lease. (Edgerton absent) (j) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND PROJECT TOUCH FOR THE USE OF ROOM 3 IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN LEASE. Memorandum from Community Resources Director Mary Rooney dated May 6, 1996. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between Project Touch and the City for the use of Room 3 in the Community Center at a rate of 492 per month (529 sq.ft. X .93 per sq.ft.) from June 1, 1996, through May 31, 1997, for a total rental income of 5,904; and, 2)authorize the Mayor to sign the lease. (Edgerton absent) (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 4/17/96. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission as presented. (Edgerton absent) (l) RECOMMENDATION TO APPROVE THE AGREEMENT WITH GTE TO UNDERGROUND OVERHEAD WIRING CROSSING THE STRAND. Memorandum from Public Works Director Amy Amirani dated May 7, 1996. Action: To approve the staff recommendation to: 1)approve and authorize the Mayor to sign the agreement with General Telephone (GTE) to underground overhead wiring now crossing over the Strand; and, 2)approve the appropriation of 16,500 from the available 30,000 of Metropolitan Transit Authority (MTA) funds to reimburse GTE for construction costs on this project. (Edgerton absent) 2.CONSENT ORDINANCES a.ORDINANCE NO. 96-1156 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE DEFINITION OF ROOF SIGNS AND ALLOW ROOF SIGNS LOCATED ON PROJECTIONS ABOVE THE ROOF IF DETERMINED TO BE ARCHITECTURAL PROJECTIONS BY THE PLANNING COMMISSION". For adoption. Memorandum from City Clerk Elaine Doerfling dated April 25, 1996. Action: To adopt Ordinance No. 96-1156. Motion Bowler, second Reviczky. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(a) 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.AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH A RESTAURANT AT 50(A) PIER AVENUE, "PATRICK MALLOY'S STEAK HOUSE". Memorandum from Community Development Director Sol Blumenfeld dated May 7, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:40 P.M. Coming forward to address the Council on this item were: Jim Lissner - Hermosa Beach, said he had objected at the Planning Commission of a perceived conflict of interest for Commissioner Dettelbach, who had not stepped down, and now he was objecting to Councilmember Bowler not declaring a conflict as he also owned an alcohol serving business (Councilmember Bowler said he saw no conflict as any new business would be in competition with his business); Mr. Lissner continued by saying his objections to allowing the project included that there had been no Environmental Impact Report (E.I.R.) and there should have been one; that it was an intensification of the use due to longer hours (almost three times longer), it was full alcohol as opposed to only beer and wine, and it was only 50 percent food service required as opposed to the 65 percent required of the previous business; said he objected because the Conditional Use Permit (C.U.P.) ran with the land and the site being vacated then could come in and request an alcohol serving business license; and, that this was a younger crowd which, according to studies, has more of a problem when drinking alcohol; spoke to the crime statistics submitted earlier and said the City did not enforce conditions in its C.U.P.s; when asked if he preferred the "End Zone" or "Patrick Malloy's Steak House", Mr. Lissner replied that he would prefer neither; Sheila Miller - 77 17th Street, said allowing more alcohol serving businesses had a cumulative effect; said the proprietor of the "End Zone", now wishing to move his business to this new location with a new name, had a history of (C.U.P.) violations and it had taken three years to get sound proof doors on the "End Zone" as required; said her own preference would be to have the "End Zone" rather than "Patrick Malloy's Steak House" as the "End Zone" catered to an older crowd, which statistically had more experience with alcohol and better control; Jerry Newton - 2041 Circle Drive, said there was a higher concentration of alcohol serving businesses in Manhattan Beach than in Hermosa in the downtown area; said he liked the way the downtown was developing and that there was actually a net loss of one liquor license in the downtown; Jim Lissner - Hermosa Beach, said there were seven alcohol serving businesses and one liquor store in downtown Manhattan but Hermosa had 14 alcohol serving businesses and two liquor stores; said it was not a loss of a liquor serving business as the C.U.P. would remain with the land; and said that most of the people mentioned in the Police reports were from other areas so people were being drawn to Hermosa by the bars and taverns; and, Bill Bastion - 22 Pier Avenue, "The End Zone" owner and developer of proposed "Patrick Malloy's Steak House", said he felt that the City was going in a positive direction and that he wanted to be a part of it; and said that he objected to some of the statements made by the appellants. The public hearing closed at 8:05 P.M. Community Development Director Blumenfeld responded to Council questions saying that this appealed C.U.P. was a Class 1 exemption under CEQA, that there had been no C.U.P. violations at the "End Zone" in the past two years, that this was not a new use for the site but a replacement of an existing use and therefore did not come under the parking and traffic study. Police Chief Val Straser said that crime has gone down in Hermosa Beach, that there was no correlation to alcohol use in the downtown area and a burglary in the north end of the City, and said that all of the officers still patrolled their own beat and were not concentrated in the downtown area. Jim Lissner came forward and asked to be allowed to respond to statements made by Mr. Bastion and Police Chief Straser. Mayor Oakes responded that the public hearing had been closed and his request could only be allowed if a majority of the Council wished to reopen the public hearing. There was no request from any Councilmember to reopen the public hearing. City Attorney Jenkins gave a background on the Clarke case mentioned by Mr. Lissner and said there was no similarity to the Council not reopening the public hearing for Mr. Lissner as there were no new factual issues or information presented by Mr. Bastion or Police Chief Straser but only comments that had been discussed many times before. Action: To deny the appeal, uphold the Planning Commission decision, and adopt Resolution No. 96-5805, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW ON-SALE GENERAL ALCOHOL IN CONJUNCTION WITH A RESTAURANT AT 50A PIER AVENUE, LEGALLY DESCRIBED AS LOTS 8, 9 AND 10, BLOCK 12, HERMOSA BEACH TRACT." Motion Edgerton, second Benz. The motion carried by a unanimous vote. 5.TEXT AMENDMENT TO ADD "YOUTH HOSTEL" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES. Memorandum from Community Development Director Sol Blumenfeld dated May 7, 1996. Community Development Director Blumenfeld presented the staff report, responded to Council questions and said that major changes were being done by the property owner to improve the building and that as a hotel the occupancy was limited to 28 people but as a youth hostel the occupancy could be 56 people. City Attorney Michael Jenkins responded to Council questions and said that this was a discretionary legislative act, and that the decision would be tested on the most liberal basis, which needed only a rational basis. The public hearing opened at 8:33 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:33 P.M. Action: To introduce Ordinance No. 96-1157. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1157, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMMERCIAL PERMITTED USE LIST TO ADD 'YOUTH HOSTEL' AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES, AND TO ADD STANDARD CONDITIONS OF APPROVAL. " Motion Benz, second Oakes. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None The meeting recessed at the hour of 8:35 P.M. The meeting reconvened at the hour of 8:50 P.M. MUNICIPAL MATTERS 6.CITY-WIDE PUBLIC RIGHT-OF-WAY ENCROACHMENTS. Memorandum from Public Works Director Amy Amirani dated May 7, 1996. Supplemental Letter from John and Cyndi Dembroski, 242 31st Street, dated May 14, 1996. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 9:04 P.M. Cyndi Dembroski - 242 31st Street owner, spoke to her letter; related her problems in trying to rebuild the fence at the front of her rental property and that the lack of the fence had caused her tenants to move; said that her problem pre-dated this proposed Ordinance by one and one-half years; said that she feels that she has been penalized for playing by the rules and being honest; said the City has not enforced its regulations equitably; and asked the Council to grant an exception for her to re-build her fence; Aileen Martin - 329 31st Street, questioned where the sewer replacement would be on 31st Street (response - on the south side of the street); said because a fence has been there for 20 years does not mean that it should be replaced at the same height; said that the question of fence height has caused a great deal of polarization as half of the residents prefer the low, more open look; said definite guidelines are needed; and, Shirley Cassell - Hermosa Beach, suggested that Ms. Dembroski do as her neighbor had done and plant fast growing bushes which could reach a height of eight feet within a year. Public participation closed at 9:16 P.M. Action: To approve the staff recommendation, as amended, to: 1)consider an Ordinance modifying the Municipal Code to provide a more consistent and more easily implemented set of regulations for private encroachments onto public right-of-ways, increase the height requirement to 42", and amend to allow repair or replacement of fences at the current height of the fences with the following conditions that would require compliance to the 42" height: a)a capital improvement project requiring fence removal; b)a property remodel exceeding 50 percent valuation; and, c)a change of ownership, if an appropriate method can be determined. 2)direct staff to amend the Zoning Code to agree with modifications to Article V of the Hermosa Beach Municipal Code; 3)approve an appeal fee of 358.00 to offset City administration costs; and, 4)direct staff to revise the encroachment agreement for City Attorney approval. Motion Reviczky, second Bowler. A proposed amendment for a final date of five, eight or ten years to require compliance was not accepted by the maker. Public participation was reopened by Mayor Oakes, without dissent from the Council, at 9:50 P.M. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste Drive, questioned if the proposed fence height changes applied to commercial property as well as residential (response - this applied to residential only.); and, Bill Wickwire - 310 31st Street, said that when a fence came down under natural conditions, whether from age or wind or accident, it should have to be rebuilt in compliance with the 42" height requirement; said that fences could be repaired one board at a time; and spoke of replacement fences 42" tall on top of a retaining wall without a permit. Public participation closed at 10:10 P.M. The above motion carried, noting the dissenting votes of Bowler and Mayor Oakes but was reconsidered as shown below. Action: To reconsider the action just taken. Motion Benz, second Bowler. The motion carried by a unanimous vote. Proposed Substitute Action: To approve the staff recommendation, as amended, to: 1)consider an Ordinance modifying the Municipal Code to provide a more consistent and more easily implemented set of regulations for private encroachments onto public right-of-ways, increase the height requirement to 42", amend by exempting the property at 242 31st Street, and amend with the following conditions that would require compliance to the 42" height: a)a capital improvement project requiring fence removal; b)a property remodel exceeding 50 percent valuation; and, c)a change of ownership, if an appropriate method can be determined. 2)direct staff to amend the Zoning Code to agree with modifications to Article V of the Hermosa Beach Municipal Code; 3)approve an appeal fee of 358.00 to offset City administration costs; and, 4)direct staff to revise the encroachment agreement for City Attorney approval. Motion Mayor Oakes. City Attorney Jenkins advised the Council that an exception would have to be available to everyone and could not be made for one property, but could be made for a date certain. A proposed amendment to the proposed substitute action to set the date of December 1, 1994, as a date certain was not accepted by the maker and the motion was withdrawn. Reconsideration of Original Action: The motion failed due to the dissenting votes of Benz, Bowler, and Mayor Oakes. Final Action: To approve the staff recommendation, as amended, to: 1)consider an Ordinance modifying the Municipal Code to provide a more consistent and more easily implemented set of regulations for private encroachments onto public right-of-ways, increase the height requirement to 42", and amend with the following conditions that would require compliance to the 42" height: a)a capital improvement project requiring fence removal; b)a property remodel exceeding 50 percent valuation; and, c)a change of ownership, if an appropriate method can be determined. 2)direct staff to amend the Zoning Code to agree with modifications to Article V of the Hermosa Beach Municipal Code; 3)approve an appeal fee of 358.00 to offset City administration costs; 4)direct staff to revise the encroachment agreement for City Attorney approval; and, 5)direct that the amended Ordinance be brought back for introduction and waiver of further reading for the meeting of May 28, 1996. Motion Mayor Oakes, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Reviczky. 7.BANNER PROGRAM - CONTRACT FOR FABRICATION, INSTALLATION AND MAINTENANCE. Memorandum from Community Development Director Sol Blumenfeld dated April 16, 1996. (Continued from meeting of April 23, 1996) Community Development Director Blumenfeld presented the staff report and responded to Council questions. Councilmembers Bowler and Edgerton declared a conflict of interest on this item, due to each intending to purchase a banner, and left the dais and the room. Action: To approve the staff recommendation to: 1)approve an award of contract for the services of AAA Flag and Banner Manufacturing Co. in the amount of 25,230 for fabrication and installation of banners for 60 poles with two banners per pole; 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 Community Development to accept the project as complete on behalf of the City Council, upon completion of work; 4)authorize the expenditure of funds, up to a total of 36,000, upon receipt of contributions from various sponsors, currently being collected by the Chamber of Commerce; and, 5)authorize the Director of Community Development to make minor changes as necessary within budget. Motion Reviczky, second Mayor Oakes. The motion carried, noting the absence of Bowler and Edgerton. The meeting recessed at the hour of 10:25 P.M. The meeting reconvened at the hour of 10:35 P.M. and the order of the agenda was suspended to go to item 10. 8.FIRE FLOW FEE ORDINANCE REVENUES. Memorandum from Fire Chief Pete Bonano dated April 15, 1996. (Continued from meeting of April 23, 1996) This item was heard at 11:05 P.M., following item 11. Fire Chief Bonano presented the staff report and responded to Council questions. Action: To introduce Ordinance No. 96-1158. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. Final Action: To waive further reading of Ordinance No. 96-1158, entitled, 2AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NUMBER 88-932 RELATING TO FIRE FLOW FEES.2, which would authorize the usage of fire flow fee revenues to purchase and/or upgrade fire fighting equipment and vehicles. Motion Edgerton, second Reviczky. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 9.CONSIDERATION OF LEGAL NOTICE CONTRACT ALTERNATIVES. Memorandum from City Clerk Elaine Doerfling dated April 24, 1996. City Clerk Doerfling responded to Council questions. Proposed Action: To approve the staff alternative number 1, to direct the City Clerk to negotiate an extension to the current contract for legal and display advertising with the Easy Reader newspaper for a period of one year. Motion Edgerton. The motion died due to the lack of a second. Action: To approve the staff alternative number 2, to approve the Notice Inviting Sealed Bids and the Bid Form for City Advertising (Legal Notices and Display Ads) for a period of three years. Motion Benz, second Bowler. The motion carried, noting the dissenting vote of Edgerton. 10. IMG TOURNAMENT STREET VENDOR PROPOSAL. Memorandum from Community Resources Director Mary Rooney dated May 6, 1996 Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:37 P.M. Coming forward to address the Council on this item was: Kathleen Waters - representing IMG, asked that they be allowed to vend sponsor-specific items such as bottled water, beverages and packaged snack food. Public participation closed at 10:40 P.M. Action: To approve the staff recommendation, as amended, to: 1)Approve pilot street event for the IMG International Volleyball event scheduled for June 20-23, 1996, that would permit the event operators to place non- food vendor booths on the lower Pier Avenue median, amended to allow sponsor-specific food and drink items such as bottled water, beverages and packaged snack foods; 2)Permit Pier Avenue and local merchants to sell items and food on the perimeter of the street; and, 3)Allocate per booth fees of 200 to the Downtown Business Area Enhancement District Commission fund. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 11. REQUEST FOR GENERAL ADMISSION SEATING FROM THE ASSOCIATION OF VOLLEYBALL PROFESSIONALS. Memorandum from Community Resources Director Mary Rooney dated May 6, 1996. Supplemental letter from Matt Gage, Vice President of Operations for AVP, dated May 13, 1996. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:43 P.M. Coming forward to address the Council on this item were: Matt Gage - Vice President of Operations for AVP, responded to Council questions, said that if paid admission was limited to center court seats only the viewers would spend all their time at the free outside courts which would not provide the needed revenue and would leave the center courts under-attended, estimated the revenue at 80,000 to 100,000; and, Jim Lissner - 2715 El Oeste Drive, objected to the money from this event going to the Downtown Business Area Enhancement District Commission fund. (City Manager Burrell said that any money derived would go into the general fund.) Public participation closed at 11:04 P.M. Action: To approve the staff recommendation, as amended, that pending Coastal Commission approval, Council approve the request from AVP to charge admission fees for the AVP Tournament with the following stipulations: 1)Paid admission, as amended, to allow a charge for all general admission seating for the entire event; and, 2)Per the existing agreement, 25 percent of the gross admission revenues be paid to the City. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Reviczky. Proposed Action: To have any monies derived from the event placed in the Downtown Business Area Enhancement District Commission fund. Motion Benz. The motion died due to the lack of a second. At the hour of 11:05 P.M. the order of the agenda was returned to item 8. 12. REVISED CONFLICT OF INTEREST ORDINANCE. Memorandum from City Manager Stephen Burrell dated May 8, 1996. Action: To introduce Ordinance No. 96-1159, as amended, to delete on page 3, (section 2, C, 3) first paragraph, "Refrain from using his or her official position to influence the decision regarding the matter. Accordingly, the affected councilmember shall not comment on the matter in any way to any person including any member of the City Council.", and to delete the same sentence on page 4, (section 3, C, 3) for Planning Commission members. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. Final Action: To waive further reading of Ordinance No. 96-1159, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING CONFLICT OF INTEREST PROHIBITIONS FOR CERTAIN CITY OFFICIALS." Motion Reviczky, second Edgerton. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 13. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.CONFIRMATION OF MAY 23, 1996 BUDGET STUDY SESSION. Memorandum from City Manager Stephen Burrell dated May 8, 1996. Action: Mayor Oakes, with the consensus of the Council, confirmed the date of Thursday, May 23, 1996, at 7:00 P.M. for a budget study workshop session and reminded the Council that the second date was set for Thursday, June 6, 1996, at 7:00 P.M.. 14. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.OFFICIAL CANVASS - SPECIAL MUNICIPAL ELECTION, MARCH 26, 1996. Memorandum from City Clerk Elaine Doerfling dated May 2, 1996. City Clerk Doerfling responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 96-5806, entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, MARCH 26, 1996, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Bowler, second Edgerton. The motion carried by a unanimous vote. b.VACANCIES - BOARDS AND COMMISSIONS UPCOMING EXPIRATION OF TERMS Memorandum from City Clerk Elaine Doerfling dated April 25, 1996. City Clerk Doerfling responded to Council questions. Action: To approve the staff recommendation to direct the City Clerk to immediately advertise and request applications from interested parties for three Planning Commission terms that will expire June 30, 1996 and for two Civil Service Board terms that will expire July 15, 1996, with appointments for all five seats at the regular Council meeting of June 25, 1996, and with the understanding that a meeting for interviewing applicants will be set later. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. 15. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a)Request by Councilmember Benz to direct staff to explore methods of curbing excessive appeals. (Continued from 4/23/96 meeting) Councilmember Benz spoke to his request. Proposed Action: To direct staff to determine the cost for staff and Council time to hear an appeal and then suggest an appropriate amount to equal at least one-half of that cost. Motion Benz. The motion died due to the lack of a second. There was no further action taken on this item. b)Request by Councilmember Edgerton to create a sub- committee to meet with officials in Redondo Beach, Manhattan Beach and, if necessary, Congresswoman Jane Harman, to discuss Century Cable's plans to implement rate increases for cable television service. (Continued from 4/23/96 meeting). Action: Councilmember Edgerton directed, with the consensus of the Council, that this item be tabled until such time as actual rate increases were submitted by Century Cable. c)Request by Councilmember Benz for placement of "NO STRESS ZONE" signs in the downtown area. Memorandum from Councilmember Benz dated April 30, 1996. Action: There was no action taken on this item. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jim Lissner - 2715 El Oeste Drive, said that in the past he had written letters to the Council to try to avoid the cost associated with Council meetings, estimated at 1,500 per hour, but had discontinued that when he found that his letters were not read by the Council; as a case in point, he questioned why his letter under written communication had been received and filed without any discussion. Councilmember Benz requested that staff examine downtown parking meters that did not work correctly and caused people to received parking tickets unjustly; and said that meter V232 ran fast and did not give people the amount of time for which they had paid. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 14, 1996 at the hour of 11:35 P.M. to the Adjourned Regular Meeting of Thursday, May 23, 1996 at the hour of 7:00 P.M. for the purpose of a budget workshop. ********************************************************************** 5-23-965-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 5-23-96 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 23, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Peter Bonano, Fire Chief ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz REVIEW OF PRELIMINARY 1996-97 BUDGET. (a) Overview of Budget Changes - City Manager Burrell cited some notable changes that were achieved in putting this budget together, which were part of the effort that began last year in building a sustainable budget and beginning to work on allowing for the future in terms of equipment replacement, compensated absences and the City's liability insurance fund. He said these things were done due to a number of changes that were made last year, as well as the continuing growth in many of the revenue sources and the continuing economic vitality found in a lot of areas, including building activity and the number of new businesses in town. He said the budget contains no new positions due to funding limitations and he was hopeful that the City would continue to see revenue growth so it may be possible in the future to meet some of the other needs that have been recognized. He said the State general fund now has a significant surplus over what was projected, making it unlikely that any more money would be taken from cities, but he also did not expect the passage this year of any of the several bills in the legislature that would begin to return to cities the funds taken by the State since 1991. He said other funds accumulated will allow the City to begin the implementation of the downtown improvement program, which must start on October 1, as well as a number of other projects taking place this year, including undergrounding projects and sewer projects. In addition, he said the Parks, Recreation and Community Resources Advisory Commission is working on a program to make some major park improvements including the Greenbelt irrigation system, the Clark building retrofit and a number of other facility improvements, such as restrooms and sidewalks, which will be funded by the Parks and Recreation fund. He said once that plan is done, the City will save money in maintenance costs and staff time involved with fixing problems. He said one of the most notable things about the budget is that funding the crossing guard program is not included, and if funding is desired, Council should direct staff to return with a plan to fund it at whatever level Council desires when the budget is presented for adoption. He said during tonight's review, when they get to the fleet fund, there is an opportunity for the City to save some money in terms of the planned purchase if staff receives authority to make the purchase before the adoption of the budget of three police patrol vehicles to be paid for out of the FY 1996-97 budget. There were no questions concerning the Budget Summary. (b) Overview of Revenue Changes - Finance Director Copeland and City Manager Burrell responded to Council questions related to the revenue worksheets (beginning on page 12 of the preliminary budget). In response to a Council questions related to free skating hours at the South Park hockey rink, City Manager Burrell said the City would post the hours on signs at the site and that he would report back on the facility guidelines. Discussion ensued regarding the Crossing Guard District Fund (page 31) which, as noted earlier by the City Manager, was unfunded for the upcoming year. Councilmember Reviczky reported on the recent subcommittee meeting he and Councilmember Edgerton had with the School Board members, who said the School District would be unable to participate in funding the program for the upcoming fiscal year. He recommended that Council continue its commitment toward the crossing guards because he thought it was a necessary and important service, and suggested that the City commit to providing one-half of the required funding as was done last year and directed staff to come back with a proposal showing how far the money would go and which intersections would have crossing guards. Councilmember Edgerton suggested that the City instead simply reduce the number of crossing guards from 12 to six which would provide almost the same level of service since some areas have two crossing guards where only one may be sufficient. Action: To direct staff to analyze the crossing guard issue and return with a proposal that designates where the guards would be, the paths the students would follow to get to school, and that shows at increments the cost impact of each of the two options suggested above. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz). Further Action: It was directed by Mayor Oakes, with the concurrence of the City Council, that staff also evaluate the possibility of reallocating to the crossing guard fund the 6,000 that the City currently pays to the School District for landscape maintenance of the school grounds. In response to Council questions, City Manager Burrell said 1.8 billion will be allocated to schools statewide. He said each school will get 50,000 and if both Hermosa Beach schools are eligible recipients, the School District would receive a total of 100,000. City Manager Burrell responded to Council questions related to the personnel allocation summary (page 38), noting that there were no changes. (c) Review of Department Expenditures City Council - No questions. City Attorney - No questions. City Clerk/Administration & Records/City Clerk/Elections - City Clerk Doerfling responded to Council questions, saying that the difference in the FY 1995-96 budgeted government contract services amount (51,000) and the estimated annual expenditure (70,000) was due to the extra election held in March, and that the requested 1,200 for equipment in the FY 1996-97 budget was to replace the old tape recording system in the Council Chambers. City Manager - City Manager Burrell responded to a Council question, saying the requested 500 for equipment was for a chair. City Manager - Data Processing - City Manager Burrell responded to a Council question, saying that the requested 27,530 for equipment is for computer equipment replacement/upgrade, consolidating the needs for all departments, including 10 computers and five printers, some computer stands, memory upgrades and miscellaneous items such as connectors, noting it was mainly hardware with a small amount of software, and these funds would be available for replacement as needed. He cited as an example the need for a new printer in the Clerk's office. City Clerk Doerfling said with the current printer it takes about 15 to 20 minutes per page to print out an ordinance or resolution. City Manager Burrell was requested to provide Council with a list of the requested items. Prospective Expenditures - City Manager Burrell responded to a Council question concerning the small funding amount budgeted for the upcoming year as opposed to last year. City Prosecutor - No questions. City Treasurer - No questions. Community Development - Building & Safety/Code Enforcement Division - No questions. Community Development - Planning Division - No questions. Community Development - Planning Division - Commuter Express Participation - No questions Community Development - Planning Division - Dial-A-Ride - In response to a Council question concerning the high cost of this program, City Manager Burrell said Councilmember Benz had suggested to him that, at the appropriate time in the contract with Redondo Beach, the City look at ways to either individually or jointly provide this service at a lower cost, noting that the fares do not cover the cost of the program. City Manager Burrell was directed to come back with the contract and one of the things the Council would like to consider is the possible use of taxis. Community Development - Downtown Business Area Enhancement Commission - City Manager Burrell responded to a Council question relating to contract services, saying the biggest contract is for downtown maintenance and the shared trash area contract with BFI. Re the requested 15,000 funding for advertising, Community Development Director Blumenfeld said last year the funds were spent on banners, the FirstNIGHT contribution and the St. Patrick's Day parade, noting that radio ads were purchased for that. Finance Director Copeland also responded to Council questions. Community Development - Planning - Source Reduction and Recycling Element - City Manager Burrell responded to Council questions. Community Resources/Cable TV - In response to a Council question pertaining to new microphones in the Council Chambers, City Manager Burrell said the design work going on includes the sound and TV systems and integrating the two together, noting that the project included changing the location of the camera as well. He said the audio/visual system would be paid by the cable company. Finance Director Copeland also responded to Council questions. Community Resources - Recreation Transportation - No questions. Finance Administration - In response to a Council question concerning the increased amount requested for conference/ training, Finance Director Copeland said the funds would cover the additional expense in FY 1996-97 of school tuition for one of the employees, the two conferences which are both out of Los Angeles County and therefore involve travel, sending the accountant for national finance officer training on accounting, and the chapter meetings she is now attending. She said the equipment replacement charges are for the pool car that everyone uses. Finance Cashier - In response to a Council question pertaining to contract services, Finance Director Copeland said the biggest increase here is because last year the City did no out-of-state processing due to the data processing system conversion and that next year those costs will be there but they would be offset by associated revenue. She said the other major item in this account is the City's DMV records retrieval which are now regularly processed since the computer conversion. Mayor Oakes suggested that a breakdown be included next year since this is a question that arises with each budget review. Bus Pass Subsidy - No questions. The meeting recessed at the hour of 8:48 P.M. The meeting reconvened at the hour of 9:01 P.M. Fire Department - Fire Chief Bonano responded to a Council question, saying the funding for contract services was the department's share of the cost of computer maintenance at the Police Department, which includes radio maintenance. Police Chief Straser responded to additional questions relating to that contract. In response to a Council question regarding overtime funding, Fire Chief Bonano said although it is difficult to estimate what injuries may arise under workman's compensation, the amount requested was enough to cover vacations and normal sick leave use, noting that a large part of last years increase was for sending an individual for paramedic training. Finance Director Copeland discussed the handling of mutual aid reimbursements, such as assistance during the Malibu fires, which offset the cost, saying the reimbursement goes back into the overtime account if it is the exact amount. City Manager Burrell said it is very seldom that the reimbursement comes during the same fiscal year that the assistance took place, and pointed out there is no reimbursement with assistance to Manhattan Beach or Redondo Beach, for example. He added that the accounting documents are considerably more detailed than the budget, which simply shows total figures. General Appropriations - No questions. Personnel Department - In response to a Council question, Personnel Director Blackwood said the cost for medical exams is up because they are anticipating reserve programs in the Fire Department and required physicals, noting that medical exams for all employees come out of this budget. He also said a lot of the conference funding would be to provide in-house conference training for employees AQMD Emission Control Program - Finance Director Copeland responded to Council questions. Auto/Property/Bonds - No questions. Liability Insurance - Personnel Director Blackwood responded to Council questions. Unemployment Insurance - No questions. Workers' Compensation - No questions. Police Department (General Fund) - In response to a Council question regarding contract services, Police Chief Straser said one-third was for hardware, one-third was for software and one-third was for miscellaneous items. Mayor Oakes requested that all contract services be broken down next year or at mid-year review. Responding to further questions, Police Chief Straser said the equipment less than 500 included an ID kit, binoculars, and a tape recorder, and the higher cost equipment included replacing radios used by detectives and computer software which allows police to make facial images of suspects. Regarding increased overtime costs, he said it was partly due to downsizing to five service officers, and that the rest is for special events which is reimbursed to the City on the revenue side which balances those costs out. Discussion ensued on overtime costs for both police and fire and whether they are to the point where it would pay to hire additional personnel. Fire Chief Bonano said the Fire Department would have to hire one person per shift, and that although the short-term budget would go down, as the new people acquire vacation time or get sick or injured, the overtime numbers would go up again. City Manager Burrell said he would look into the threshold for the Fire Department, pointing out, as the Fire Chief noted, that it would require hiring three people for that department. He said he would also look into the issue with regard to the Police Department, noting that in addition to events, the increase in overtime costs is also due to recent wage increases. Police Department (Grant, Office of Traffic Safety) - No questions. Police Department - Parking Enforcement/Animal Control - City Manager Burrell responded to Council questions. Police Department - Special Investigations Unit - Police Chief Straser responded to Council questions, saying the equipment item concerns a police records system which will be before Council at its regular meeting of May 28. Public Works - Administration & Engineering/Parks Division - Public Works Director Amarani responded to Council questions, saying that the 25,000 equipment figure is for playground equipment at various locations, and the increase in materials and supplies is because eight divisions have been combined into five. Public Works - Building Maintenance Division - No questions. Public Works - Street Lighting Division/Medians Division - No questions. Public Works - Sewers/Storm Drain Division - In response to Council questions concerning equipment and equipment replacement, City Manager Burrell said the 14,750 equipment amount is for a jackhammer and a compactor to replace the one the City has now, an electric power snake, a portable pump, some generators and other items. He said the equipment replacement cost of 19,345 includes maintenance, fuel and amortization charges for the various vehicles charged to this Public Works division. Public Works - Street Maintenance/Traffic Safety Division - Finance Director Copeland said the 18,000 equipment cost is for the purchase of a sidewalk grinder. Public Works Director Amirani said the grinder will significantly reduce the otherwise time-consuming job of replacing concrete. At the request of Council, City Manager Burrell said he would supply Council with a list of all Public Works equipment before the budget is adopted. Public Works - Equipment Service Division - City Manager Burrell said this is a new fund, that includes all the mechanics and all automobile related costs, including the amortization of vehicles so that funds are set aside and available to replace vehicles when their useful life is expended. He said a lot of items are estimates, and that the fund was designed to be flexible, that equipment replacement works on a revolving basis. He said there is a good opportunity to make this self-funding in the future. The meeting recessed at 9:45 p.m. The meeting reconvened at 9:52 p.m. City Manager Burrell said ordering the three police vehicles now would save the City a considerable amount of money. Action: To authorize the issuance of a purchase order at this time for three 1996 Chevy Caprice police patrol vehicles at a unit price of 18,442 to the specified Chevrolet dealer in Alhambra. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. At the direction of Council, City Manager Burrell said he would prepare a list of vehicle replacement needs to make it as accurate as possible so that funds can be redirected to prospective expenditures or to fund the crossing guards if it turns out that the account is overfunded. He also said he would highlight the specific vehicles (pages 118, 119 and 120) for Council when the budget is brought back for adoption. During review of the Capital Improvement Program, Mayor Oakes asked that trees on the Greenbelt get pruned this year since people are sleeping under them. She also said that people generally use the small Greenbelt path east of the large main path because there are so many chips placed on the main path. City Manager Burrell said perhaps with the new irrigation system, there will be a way to not have to heavily chip the path to keep the dust down. He said staff would return with all the requested information at the meeting of June 11, 1996. CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 23, 1996 at the hour of 10:19 P.M. to the Regular Meeting of Tuesday, May 28, 1996. ********************************************************************** 5-28-965-28-96 5-28-96 5-28-96 5-28-96 5-28-96 5-28-96 5-28-96 5-28-96 5-28-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 28, 1996, at the hour of 7:09 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, Hermosa Beach resident ROLL CALL: Present: Benz, Bowler, Reviczky, Mayor Oakes Absent: Edgerton PRESENTATIONS:OUTSTANDING EMPLOYEE AWARD HAROLD PAUL HAWKINS Mayor Oakes read the presentation and presented a plaque to Paul Hawkins as the Outstanding Employee for the third quarter of Fiscal Year 1995-96 for his positive attitude and his commitment to excellence as a City firefighter/paramedic, noting that Mr. Hawkins, a 16-year employee, is currently the Fire Department's paramedic coordinator responsible for the quality control of the City's paramedic program, and has recently taken on the added responsibility as the City's exposure control program coordinator, a major Cal OSHA program which requires him to teach safety procedures to all City employees who have the potential for exposure to bloodborne or airborne pathogens. He was commended for his willingness to accept new responsibilities and his positive attitude which make him a valuable employee. Mr. Hawkins thanked everyone for the award. ANNOUNCEMENTS: Mayor Oakes complimented the Hermosa Beach firefighters for their successful pancake breakfast which took place Sunday morning, May 26, at the fire station, noting she hoped it would be an annual event. She also commented on the success of the Memorial Day weekend Fiesta de las Artes, noting that there were a few minor problems which arose that need to be resolved before the next event over Labor Day weekend. She then announced that as of this evening she wished to add a new section to the agenda immediately following written communications which would be called City Council Comments and would allow all Councilmembers to make announcements or other comments at that time. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Carol Duff - executive director of the Chamber of Commerce, thanked everyone for their support and participation in the Memorial Day weekend Fiesta de las Artes, noting that it was the most highly attended Fiesta in recent years and that they had excellent publicity for this event; said there were some logistical problems and that there will be a community review meeting in the near future to obtain input and resolve those problems; and Shirley Cassell - Hermosa Beach, said she wished to discuss a check on the check register (consent calendar item 1.b.); said there were about 1,000 booths at the Fiesta, each paying 400 per booth, with food booths paying even more; said subtracting as much as 100,000 for advertising, the Chamber of Commerce would have made at least 300,000 and the City gets only 20,000; said the City should receive more money. (A Chamber response to a Council question was that there were 400 booths at the Fiesta.) (b) WRITTEN COMMUNICATION 1)Letter from Russ Givens, Roger Bacon and Eddie Talbot dated May 15, 1996 regarding request for removal and City funding for removal of the left-turn lanes on Aviation Boulevard and Ocean Drive. Memorandum from Public Works Director Amy Amirani dated May 23, 1996. Coming forward to address the Council on this item was: Eddie Talbot - 904 Aviation Boulevard, said the original plans that the group saw for the traffic signal they had requested did not show left-turn lanes; said the problem is the parking that has been eliminated from the south side of Aviation, which primarily affects properties from 950 Aviation up to Russ Givens' four offices on the east side of Ocean Drive and the south side of Aviation Boulevard; said no one was informed and that the left-turn lanes were put in without the group's knowledge and did not think they should have to pay for their removal; requested City funding for the removal of the left-turn lanes. Action: To receive and file the letter. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. CITY COUNCIL COMMENTS: Councilmember Benz asked why a customer service kiosk, which he said has been on the agenda several times and was approved at least twice by this Council, has not yet been done. He said all that was involved was a sign saying something like "how did we do" so that people can write down their comments and drop them in a suggestion box on their way out of City Hall. City Manager Burrell responded that a draft customer service survey form has been prepared and that people would also have the option of taking the form with them to fill out later and mail it back if desired. Councilmember Benz said with City Hall regularly closed on Fridays and a holiday on Monday, the day before this Council meeting, he had no opportunity to ask questions of staff related to the agenda packet that he received Thursday evening. He suggested in the future that there be at least one business day between receiving the packets and the day of the meeting, noting that when a Monday holiday occurs, the meeting should perhaps be postponed to the following week. Councilmember Reviczky concurred and suggested they look into moving a regular Tuesday meeting to Thursday or the following Tuesday in situations where a Monday holiday occurs, as was the case this past weekend. 1.CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz at the request of Shirley Cassell, (g) Benz, and (k) Reviczky; and with the exception of item (h), which was not pulled for discussion but was voted on separately since Councilmember Benz opposed the item (that vote appears under the item. Motion Benz, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 14, 1996. Action: To approve as presented the minutes of the regular meeting of the City Council held on May 14, 1996. (Edgerton absent) (b) RECOMMENDATION TO RATIFY CHECK REGISTER NUMBERS 6738 THROUGH 6999 INCLUSIVE, NOTING VOID CHECK NUMBER 6935. This item was removed from the consent calendar by Councilmember Benz at the request of resident Shirley Cassell for separate discussion later in the meeting Coming forward to address this item was: Shirley Cassell - Hermosa Beach, questioned a 500 check (No. 5852) for roller hockey team insurance; asked why that was being paid by the City and not the teams. (City Manager Burrell responded that the City collects a fee from the participants which covers that amount.) Action: To ratify the check register as presented. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH, 1996, FINANCIAL REPORTS: 1) Revenue and expenditure report; 2) City Treasurer's report; and, 3) Investment report. Action: To receive and file the March, 1996, financial reports as presented. (Edgerton absent) (e) RECOMMENDATION TO APPROVE REQUEST FROM PROJECT TOUCH TO CONDUCT A CLASSIC CAR SHOW ON CLARK FIELD ON OCTOBER 20, 1996 AND AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated May 21, 1996. Action: To approve the request from Project Touch to conduct a classic car show on Clark Field on October 20, 1996 and to authorize the Mayor to sign the contract, as recommended by staff. (Edgerton absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 15, 1996. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of May 15, 1996. (Edgerton absent) (g) RECOMMENDATION TO AUTHORIZE MAYOR TO EXECUTE A RENEWAL OF COMMUNITY DEVELOPMENT BLOCK GRANT COOPERATION AGREEMENT. Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to his concerns about some of the conditions that would be placed on the City. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to authorize the Mayor to execute a renewal of the Community Development Block Grant Cooperation Agreement with the Los Angeles County Community Development Commission (CDC) to fund implementation of the project to remove architectural barriers to the disabled at City Hall. Motion Reviczky, second Bowler. The motion carried, with Benz dissenting and noting the absence of Edgerton. (h) RECOMMENDATION TO ADOPT RESOLUTION REGARDING ENGINEER'S REPORT AND SETTING A PUBLIC HEARING DATE OF JUNE 25, 1996, FOR LANDSCAPING AND STREET LIGHTING ASSESSMENT. Memorandum from Public Works Director Amy Amirani dated May 16, 1996. Supplemental letter from James Lissner dated May 28, 1996. (This item was not pulled for discussion but was voted on separately as Councilmember Benz opposed the item.) Action: To approve the staff recommendation to: (1) Adopt Resolution No. 96-5807, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1996-1997.", and (2) Adopt Resolution No. 96-5808, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1996-1997 FOR THE FISCAL YEAR BEGINNING JULY 1, 1996 AND ENDING JUNE 30, 1997, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." Motion Mayor Oakes, second Reviczky. The motion carried, with Benz dissenting and noting the absence of Edgerton. (i) RECOMMENDATION TO APPROPRIATE 26,300 FROM THE 6% UUT FUND TO CIP #95-622, CITY HALL REMODEL CONTRACT. Memorandum from Public Works Director Amy Amirani dated May 7, 1996. Supplemental letter from James Lissner dated May 28, 1996. Action: To approve the staff recommendation to appropriate 26,300 from the 6% UUT Fund to CIP #95-622, the City Hall Remodel Contract. (Edgerton absent) (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING ADMINISTRATIVE REGULATIONS CONCERNING EXPENSE REIMBURSEMENT AND TRAVEL POLICY FOR CITY OFFICIALS AND EMPLOYEES WHILE ON OFFICIAL CITY BUSINESS. Memorandum from City Manager Stephen Burrell dated May 23, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5809, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ADMINISTRATIVE REGULATION CONCERNING EXPENSE REIMBURSEMENT AND TRAVEL POLICY FOR CITY OFFICIALS AND EMPLOYEES." (Edgerton absent) (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 21, 1996 This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting due to his concerns with one of the Planning Commission actions and the lack of time to review the item to determine whether or not his concerns are justified. City Attorney Jenkins responded to Council questions, noting that this meeting would be the only opportunity for two members of Council to initiate a Council review of an item acted on by the Planning Commission at the meeting in question. He said if after initiating review it was determined that a review was not warranted, the Council could dismiss its review and the Planning Commission's decision would be final, assuming that the appeal period had expired. He noted that initiating a Council review has the same effect as an appeal in the sense that the matter will be legally noticed and brought before Council as a public hearing. Community Development Director Blumenfeld explained the timing involved in order to meet noticing requirements for a public hearing. City Manager Burrell said the item would be scheduled for the Council meeting of June 25, 1996. Action: Councilmember Reviczky moved to initiate Council review of Planning Commission agenda item #10, CUP 96-6, the Sangria Garden expansion at 60-68 Pier Avenue. Councilmember Bowler provided the second affirmative vote required by Code to initiate Council review. Further Action: To receive and file the remainder of the action minutes from the Planning Commission meeting of May 21, 1996. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton. Final Action: Mayor Oakes directed, with the consensus of Council, that staff provide the City Council with Planning Commission agenda packets in the future to allow Council members sufficient time and opportunity to review projects. At 7:33 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 2.CONSENT ORDINANCES a.ORDINANCE NO. 96-1157 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE COMMERCIAL PERMITTED USE LIST TO ADD 'YOUTH HOSTEL' AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES, AND TO ADD STANDARD CONDITIONS OF APPROVAL." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 20, 1996. Action: To adopt Ordinance No. 96-1157. Motion Reviczky, second Bowler. AYES:Benz, Bowler, Reviczky, Mayor Oakes NOES:None ABSENT: Edgerton b.ORDINANCE NO. 96-1158 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88- 932 RELATING TO FIRE FLOW FEES." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 20, 1996. Action: To adopt Ordinance No. 96-1158. Motion Reviczky, second Bowler. AYES:Bowler, Reviczky, Mayor Oakes NOES:Benz ABSENT: Edgerton c.ORDINANCE NO. 96-1159 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING CONFLICT OF INTEREST PROHIBITIONS FOR CERTAIN CITY OFFICIALS." For adoption. Memorandum from City Clerk Elaine Doerfling dated May 20, 1996. Action: To adopt Ordinance No. 96-1159. Motion Reviczky, second Benz. AYES:Benz, Bowler, Reviczky, Mayor Oakes NOES:None ABSENT: Edgerton 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(b), (g), and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4.APPEAL OF THE APRIL 16, 1996, PLANNING COMMISSION DECISION TO APPROVE A MINOR AMENDMENT TO A CONDITIONAL USE PERMIT ALLOWING OUTDOOR SEATING UNTIL 9:30 P.M. ON FRIDAYS AND SATURDAYS ONLY, RATHER THAN THE SEVEN NIGHTS PER WEEK REQUESTED AT 26 - 22ND STREET, "THE BOTTLE INN RISTORANTE". Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. The public hearing open at 7:43 P.M. Coming forward to address the Council on this item were: Randy Fortunato - owner of the restaurant, said they do not seat anyone in the outdoor patio area after about 7:00 or 7:15 P.M. to allow for leisurely dining and yet ensure that customers do not exceed the time deadline; said they had originally requested a 10 P.M. closing time for Friday and Saturday nights and 9:30 P.M. for weekdays on the patio, but that a 9:30 P.M. nightly closing time would work. In response to Council questions, he said there were no outdoor heaters, just patio seating with a view of the ocean and that they were considering installing Plexiglas primarily for the wind rather than noise, since it is not a noisy environment; and Shirley Cassell - Hermosa Beach, asked how long other similar businesses with patios stayed open; said that some downtown establishments play loud music until closing time and, although they may lack patios, they keep their doors and windows open; said this is an adult restaurant and the outdoor dining area should be allowed to stay open until 10:00 or even 11:00 P.M., when the restaurant closes; asked why this business should be limited to a 9:00 or 9:30 P.M. closing time for the patio, noting that they had no music blaring. The public hearing closed at 7:50 P.M. Action: To approve the staff recommendation to adopt Resolution No. 96-5810, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A PARKING PLAN AND CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW OUTSIDE DINING, AND EXTENDED HOURS, IN CONJUNCTION WITH AN EXISTING RESTAURANT WITH ON-SALE BEER AND WINE AND THE ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION AT 26 - 22ND STREET, AND LEGALLY DESCRIBED AS LOT 11, BLOCK 22, HERMOSA BEACH TRACT.", as amended by Council to allow outdoor dining until 10:00 P.M. on Fridays and Saturdays and 9:30 P.M. during the rest of the week, and as further amended to add a six-month review of that condition only, with staff reporting to Council at that time on whether or not any adverse impacts were created by the extended closing time. Motion Benz, second Mayor Oakes. The motion carried by a unanimous vote, noting the absence of Edgerton. 5.TEXT AMENDMENTS TO RELOCATE THE FOLLOWING MUNICIPAL CODE SECTIONS TO ZONING ORDINANCE: A) CHAPTER 7, ARTICLE 9. DETERMINATION OF LEGALITY OF NON-CONFORMING BUILDING; B) ARTICLE 1, SECTION 7-1.7 REGARDING UNUSUAL DESIGNED BUILDING, OR UNUSUAL BUILDING MATERIALS; C) ARTICLE 1, SECTION 7-1.8 REGARDING MOVING BUILDINGS. Memorandum from Community Development Director Sol Blumenfeld dated May 21, 1996. Supplemental ordinance received May 28, 1996. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:01 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:01 P.M. Action: To introduce Ordinance No. 96-1160. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. Final Action: To waive further reading of Ordinance No. 96-1160, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELOCATING SECTIONS 7-1.7, 7-1.8 AND ARTICLE IX FROM THE BUILDING CODE TO THE ZONING ORDINANCE AND CHANGING THE WORDS BZA AND BUILDING OFFICIAL TO PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR, RESPECTIVELY." Motion Bowler, second Reviczky. AYES:Benz, Bowler, Reviczky, Mayor Oakes NOES:None ABSENT: Edgerton At 8:05 P.M. the order of the agenda was returned to item 2. The meeting recessed at the hour of 8:35 P.M., prior to the start of municipal matters. The meeting reconvened at the hour of 8:50 P.M., with all members present except Edgerton (who was absent from the entire meeting) and Benz (who returned to the dais at 8:53 P.M. at the start of item 7). MUNICIPAL MATTERS 6.CITY-WIDE PUBLIC RIGHT-OF-WAY ENCROACHMENTS. Memorandum from Public Works Director Amy Amirani dated May 22, 1996. Supplemental ordinances received during the meeting. Action: Mayor Oakes directed, with the consensus of the Council, that this item be continued to the meeting of June 11, 1996. (Benz and Edgerton absent) 7.POLICE RECORDS MANAGEMENT SYSTEM (RMS) AND COMPUTER AIDED DISPATCH (CAD) CONTRACT WITH THE CITY OF WEST COVINA. Memorandum from Police Chief Val Straser dated May 20, 1996. Supplemental information from Darryl Hughes received May 28, 1996. (Benz returned to the dais at 8:53 P.M.) Police Chief Straser presented the staff report and responded to Council questions. Also responding to questions were project team members Police Captain Mike Lavin (team manager), Police Records Administration/System Manager Virginia Elledge, and Public Safety Dispatcher Joel Weinstein. Public participation opened at 9:10 P.M. Coming forward to address the Council on this item was: Gene Dreher - Hermosa Beach, said he makes his living doing computer systems and that Newport Beach Police Department is one of his current customers; said this is the right solution for Hermosa Beach and that the Police Department did a great job and could not have made a better choice. Public participation closed at 9:12 P.M. Action: Approve the staff recommendation to: 1)Appropriate 161,124 from the Asset Forfeiture Fund for 1996-97 to purchase computer hardware/software for Records Management System and Computer Aided Dispatch; 2)Direct staff to establish contract agreement with the City of West Covina as computer system provider and authorize City Manager to sign on behalf of the City; and, 3)Waive formal bid process per HBMC Section 2-62 and approve contract with a public agency (City of West Covina). Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton. 8.RECONSIDERATION OF LEGAL NOTICE CONTRACT ALTERNATIVES BASED ON CITY ATTORNEY OPINION. Memorandum from City Clerk Elaine Doerfling dated May 23, 1996. Supplemental letter from James Lissner dated May 28, 1996. Action: Mayor Oakes directed, with the consensus of the Council, that this item be continued to the meeting of June 11, 1996. (Edgerton absent) 9.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.SOLID WASTE MANAGEMENT - AB1647 (BUSTAMANTE) REQUEST FOR SUPPORT. Memorandum from City Manager Stephen Burrell dated May 22, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation and authorize a letter to Senator Ralph Dills in support of AB1647. Motion Reviczky, second Benz. The motion carried by a unanimous vote, noting the absence of Edgerton. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.REQUEST FOR WAIVER OF AN AUTOMATIC VACANCY ON PLANNING COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated May 22, 1996. City Manager Burrell presented the staff report. Action: To waive the automatic vacancy for absences by Planning Commissioner Rod Merl, as recommended by staff. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton. 11. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, objected to the classic car show at Clark Stadium(approved this evening), said it should be done at Pier Avenue where there is more room; also objected to the Police Department's proposal to buy computer equipment (also approved this evening), said the City should wait for oil revenue before buying anything. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 28, 1996, at the hour of 9:20 P.M. to the Regular Meeting of Tuesday, June 11, 1996, at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 11, 1996, at the hour of 7:06 P.M. PLEDGE OF ALLEGIANCE - Charlotte Malone, resident ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 7:14 P.M.) MAYOR'S COMMENTS / ANNOUNCEMENTS - None PRESENTATIONS: PRESENTATION BY THE HERMOSA BEACH CHAMBER OF COMMERCE Jerry Newton, President of the Hermosa Beach Chamber of Commerce, presented a check to Mayor Oakes, accepting on behalf of the City, in the amount of 8,725.00, which represented an amount of 25 for each of the 349 vendors who participated in the Memorial Day Holiday week-end "Fiesta de las Artes" without a Hermosa Beach Business license. Mr. Newton also submitted information directly to the Council. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Dallas Yost - representing the Hermosa Beach Kiwanis, reported that the fund raiser held in conjunction with the Sister City Association had been very successful and had raised 5,000 toward the purchase of an ambulance for our sister city in Loreto, B.C., and thanked all who had helped and attended. (b) WRITTEN COMMUNICATION - None (c) COUNCIL COMMENTS: Councilmember Benz arrived at 7:14 P.M. Councilmember Benz asked that all General Service Parking Enforcement Officers be apprised of the Council policy that if a driver returns while the parking ticket is being written, the ticket should be voided. Mr. Benz also asked that the meters be checked on a regular basis to ensure that drivers received the time for which they were paying and that the meters did not "run fast". 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, (g) Bowler and (h) Edgerton. Motion Reviczky, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on May 23, 1996; and, 2)Minutes of the Regular Meeting held on May 28, 1996. Action: To approve the minutes of the Adjourned Regular Meeting of May 23, 1996 and the Regular Meeting of May 28, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS. 7000 THROUGH 7121 INCLUSIVE, NOTING VOID CHECK NUMBER 7116. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting, due to a question on the cost of a fax machine. Action: To ratify the check register as presented. Motion Benz, second Bowler. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE A ONE YEAR LEASE RENEWAL AND FEE WAIVER FOR THE COMMUNITY CENTER FOUNDATION FOR THE USE OF ROOM C IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated May 29, 1996. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease renewal and fee waiver agreement between the Community Center Foundation and the City for the use of Room C in the Community Center at a subsidy of 3,480 for the year; and, 2)authorize the Mayor to sign the lease. (e) RECOMMENDATION TO APPROVE A ONE YEAR LEASE RENEWAL BETWEEN THE CITY AND BEACH CITIES HEALTH DISTRICT FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated May 29, 1996. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1)approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Rooms 5 and 6A in the Community Center at a rate of 859 per month (924 sq.ft. X .93 per sq.ft.) from July 1, 1996, through June 30, 1997, for a total rental income of 10,308; and, 2)authorize the Mayor to sign the lease. (f) RECOMMENDATION TO APPROVE A ONE YEAR LEASE RENEWAL BETWEEN THE CITY AND THE LOS ANGELES COUNTY BAR ASSOCIATION - DISPUTE RESOLUTION SERVICES, INC. FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated May 29, 1996. 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 186 per month (200 sq.ft. X .93 per sq.ft.) from July 1, 1996, through June 30, 1997, for a total rental income of 2,232; and, 2)authorize the Mayor to sign the lease. (g) RECOMMENDATION TO APPROVE A TAXICAB METER RATE INCREASE OF .20 PER MILE AND 4.00 PER HOUR WAITING TIME. Memorandum from Police Chief Val Straser dated June 4, 1996. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting, due to concerns regarding the proliferation of taxi cabs in the City and questioned if there was an interest on the part of the Council to request staff to go out to bid for a one cab company franchise. Police Chief Straser responded to Council questions and said there were a number of "gypsy" cabs within the City some of which could be unlicensed, without proper vehicle safety checks and lacking insurance. Chief Straser said that he did not know if all of the cabs charged the same rate. Proposed Action: To direct staff to prepare a bid for an exclusive taxi franchise for the City of Hermosa Beach which would include safety regulations and proof of insurance. Motion Bowler, second Reviczky. The motion failed due to the dissenting votes of Benz, Edgerton and Mayor Oakes. Action: To approve the staff recommendation to allow an increase in taxicab meter rates of .20 per mile (new rate will be 1.80) and 4.00 per hour waiting time (new rate will be 22.00). Motion Bowler, second Benz. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE CURRENT LEASE RATE OF .93 SQ. FT. AS THE RATE TO BE CHARGED THROUGH FISCAL YEAR 1997-98 FOR ROOMS IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated June 4, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting, due to questions regarding the net revenue. Community Resources Director Rooney responded to Council questions. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to maintain the current lease rate of .93 per square foot through June 30, 1998. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN ENHANCEMENT COMMISSION MEETING OF 6/5/96. Action: To receive and file the action minutes from the Downtown Enhancement Commission meeting of June 5, 1996. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1160 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RELOCATING SECTION 7-1.7, 7-1.8 AND ARTICLE IX FROM THE BUILDING CODE TO THE ZONING ORDINANCE AND CHANGING THE WORDS BZA AND BUILDING OFFICIAL TO PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DIRECTOR, RESPECTIVELY." For adoption. Memorandum from City Clerk Elaine Doerfling dated June 3, 1996. Action: To adopt Ordinance No. 96-1160 . Motion Reviczky, second Bowler. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (g) 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. At 7:34 P.M. the order of the agenda was suspended to go to item 6. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4.STAFF RESPONSES TO QUESTIONS FROM JUNE 23, 1996 BUDGET WORKSHOP. Memorandum from Finance Director Viki Copeland dated June 6, 1996. This item was heard at 10:15 P.M., after items 5 and 6. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the staff responses and to direct staff to return with a list of the sites being eliminated from the crossing guard program in order for the Council to make a decision on funding crossing guards with the adoption of the budget at the June 25, 1996, meeting. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. 5.CITY-WIDE PUBLIC RIGHT-OF-WAY ENCROACHMENTS. Memorandum from Public Works Director Amy Amirani dated June 4, 1996. (Continued from meeting of 5/28/96) This item was heard at 8:39 P.M., after item 6. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions and said that the Council must balance the City's ability to enforce a requirement versus the risk; that there were over 1,000 parcels that would be affected by encroachment requirements and if insurance was a requirement, which would provide better protection for the City, then it must be enforced to ensure that the owner provide this coverage; but, in the absence of an insurance requirement, indemnification was only as good as the property owner's resources, such as a home owners policy, however the risk was low for fences, walls and shrubbery. City Attorney Jenkins continued by saying that the right- of-ways under discussion were similar to the walk streets between the Strand and Beach Drive and could be disposed of in a similar manner. City Manager Burrell said that even if the property were to be vacated by the City, the easements, in many cases, would remain due to a need to access public utility lines. Public participation opened at 9:08 P.M. Bill Malone - 260 31st Street, spoke of the encroachments on 30th and 31st Streets; said that the height limit for fences, shrubbery and trees had been in existence for many years and that people had been in violation for many years; said that now the Council was considering an ordinance that would sweep these violations under the carpet; said the real problem on these walk streets was not the fences, but the trees that grew on City property as they could grow to heights over 40 feet; asked Council to reconsider this ordinance and put a five-year limit to make everyone conform to the 42" height limit; Shirley Cassell - Hermosa Beach, questioned why the Council was considering this ordinance that did nothing to solve the problem; said the City should deed the property back to the adjacent landowners as the City would never use the land for the purpose it was intended, put the property back on the tax rolls and solve the liability problem by making the property owners responsible; Charlotte Malone - 260 31st Street, said that she agreed with everything Bill Malone had said; showed an 18 year-old encroachment permit for their property and said that it was unfair to require some people to follow the rules but ignore the violations of others; Bill Wickwire - 310 31st Street, said that he was disappointed with the ordinance; said the rules should be fair and the same for every homeowner and this ordinance did not address fairness but grandfathered every tall fence that was in existence by May 15, 1996, even though these owners did not pay for an encroachment permit, while those owners that had permits were not allowed to use their property as they wished; said his own personal concern was not for the height of the fences but for the openness of the walk streets; said he didn't care if the fence was six feet tall and 50 percent open, he just did not want to walk down the street and have boards in his face; said that openness was the issue from the beginning that the residents had tried to talk about at the community hearings; said that those without encroachment permits would probably require the City to put their yards back together after the capital improvement project of the sewers, whereas those law abiding owners who had encroachment permits had indemnified the City and would have to rebuild at their own expense; said that his insurance company did not wish to include the City as an additional insured as they did not want to supplant the City for workers compensation in case a City employee was injured on the property; but he felt that the most important point is fairness across the board; and, John Burt - 1152 Seventh street, said that people had a right to build fences of any height in order to have privacy. Public participation closed at 9:24 P.M. Action: To approve the staff recommendation to: 1)introduce Ordinance No. 96-1161, which modifies the Municipal Code text to provide a more consistent and more easily implemented set of regulations for private encroachments onto public right-of-ways and increase the height requirement to 42", as amended to delete the reference to a 36" height limit on corner lots in Section 6, number (2) Pedestrian walk street, part a.; Section 6, number (3) Vehicular street, part a.; and, with the understanding that the Director of Public Works would clarify the height limit when a fence is on top of a retaining wall at grade or above grade; 2)not add transference of ownership as a stipulation of the code at this time; and, 3)to direct staff to add a line showing any notice of encroachment to all residential building reports Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton. Note: This ordinance must be reintroduced at the regular meeting of June 25, 1996, for a unanimous action to waive full reading of the ordinance, or if the vote is not unanimous to waive full reading, then the ordinance must be read in its entirety as required by law. The meeting recessed at 10:03 P.M. The meeting reconvened at 10:15 P.M. and returned the order of the agenda to item 4. 6.STATUS OF THE STOP SIGN AT PROSPECT AND HOLLOWELL AVENUES. Memorandum from Public Works Director Amy Amirani dated June 4, 1996. Supplemental letter from Steve and Mary Ann Cresy, 1148 Second Street, received June 10, 1996. This item was heard at 7:34 P.M. Public Works Director Amirani presented the staff report, responded to Council questions and said that she had no reported traffic accidents at the Massey/Prospect intersection, that approximately 12,000 vehicles per day traveled on Prospect, that a flashing light would cost 5,000 to 10,000 and that a signal light would cost 100,000. Public participation opened at 7:44 P.M. Greg Smith - 2901 Hermosa View, parent of two children attending the church school, said that southbound traffic on Prospect was not a problem, but northbound traffic, prior to the 8:00 A.M. school time, was very heavy and had an opportunity to gain speed around the curve so therefore was quite dangerous; spoke in favor of a stop sign at Massey for safety of those making left hand turns into the school area; Cynthia Aletorre - Parish Council member representing 1,900 families in the Parish, said that there had been several accidents at the Prospect/Massey intersection that had not been reported; spoke in favor of a stop sign at the intersection; Marilyn Frangie - Hawthorne, parent of child attending the church school, said she drove southbound on Prospect and had to tie-up traffic behind her while she tried to make a left turn onto Massey; spoke in favor of a stop sign at the intersection; Cheryl Hunt - Principal of Our Lady of Guadalupe School, said there were 250 students enrolled in the school, which started at 8:00 A.M., and there were always cars waiting to turn left onto Massey in the morning; said that since the school was also day-care for a number of students, the evening hours between 5 and 6:00 P.M. were also very difficult; spoke in favor of a stop sign at the intersection; Steve Gage - 948 Second Street, parent of two children attending the church school, said it was entirely a safety issue as drivers frequently "rolled" the stop sign at Hollowell and he would not allow his children to cross the street unattended as there had to be eye contact with drivers to avoid being hit; Paul Riley - Manhattan Beach, parent of child in the church school, said he was a civil attorney who did defense work on behalf of municipalities and spoke of the exposure being created for the City by being put on notice that this is a dangerous intersection; said he believed it would be irresponsible for the City not to do anything; said at the least to have an engineering and traffic study done; Gina Cook - 1040 Manhattan Avenue, said there used to be Prospect Heights school on Hollowell and that is why the stop sign is at that intersection; but since the City school is gone, she felt that the stop sign should be moved to Massey to accommodate the children at the church school; Sharon Mosier - 337 Gentry, spoke of the resident's concerns that there would not be a safe entry to Prospect if the stop were taken from the Hollowell/Prospect intersection; said most would accept a second stop intersection at Massey and Prospect; Thomas Finkle - 319 Prospect, the sight of the stop sign, said this was a traffic problem as the pedestrian crossing at Hollowell was relatively safe; said he agreed with a stop sign for the northbound traffic on Prospect to allow people to make left turns into Massey, but if a stop were placed southbound it would be impossible for him to get out of his driveway due to the cars backed-up in front of his driveway which is approximately 20-30 yards from the proposed stop sign; Father Gregory Gilroy - Pastor of Our Lady of Guadalupe Church and in charge of the school, said a stop sign was needed at the Massey/Prospect intersection for the safety of the children, for the reputation of the City Council for listening to the citizens of the City and for the people of who attend church there; urged the Council to look very positively at this issue and realize that a stop sign would not hurt anyone and might save a life; Joseph Greenspon - 1129 Second Street, said the whole area from Fourth to Second street was a disaster waiting to happen as there is a park which is a magnet for children, very broken-up sidewalks, Hollowell doesn't even have a sidewalk, and the stop signs are barely observed; referenced a news article in which three pedestrians crossing a street were killed; told the Council not to wait until there was a tragedy and asked that the same consideration be given the children and families of the area as has been given to patrons in downtown Hermosa Beach; Bonnie Wulff - 1212 Third Street, said the residents only had access to Prospect and needed the Hollowell/Prospect stop sign but supported a stop sign at Massey/Prospect as well for the people who used the church; felt there should be both intersections with stop signs; John Wulff - 1212 Third Street, agreed with his wife; expressed concerns for Mr. Finkle but said there was no choice as a stop sign was needed at Massey and Prospect as well as the Hollowell/Prospect stop signs; John Burt - 1152 Seventh Street, spoke against any stop sign being removed from Prospect; Michael Cannada - Redondo Beach, parent of a child at the church school and officer in Parent- Teacher Council, expressed his concerns with the safety issues and asked that stop signs be placed at Massey and Prospect before the school year starts in the fall; and, (woman - name indistinct) - Gentry Street, spoke in opposition to removing the stop sign at Hollowell and Prospect for the safety of the residents. Public participation closed at 8:10 P.M. City Attorney Jenkins responded to Council questions and said that putting in a stop sign could be a liability for the City if it created a hazardous condition. Mr. Jenkins continued by saying the Council should consider the traffic engineer's report concerning the record of accidents at the intersection, the policy recommended and the evidence of safe or unsafe conditions on the street. Action: To direct staff to place a three-way stop sign and a crosswalk at the intersection of Massey and Prospect Avenue and to work with the people at Our Lady of Guadalupe school to develop a volunteer crossing guard program. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:22 P.M. The meeting reconvened at the hour of 8:38 P.M. and went to item number 5. 7.LOMA DRIVE SEWER REHABILITATION - PROJECT UPDATE. Memorandum from Public Works Director Amy Amirani dated June 3, 1996. This item was heard at 10:18 P.M. Public Works Director Amirani presented the staff report and responded to Council questions saying that the cost of just the sewer on Loma Drive would be 60,000. Action: To approve the staff recommendation number 2 to: 1)Add street improvements to the Loma Drive Sewer Project; 2)Add improvements on Loma Drive from 11th Street to Pier Avenue, Palm Drive between 4th and 6th Streets, 16th Street between Loma Drive and Manhattan Avenue, and 6th Street between Loma Drive and Monterey Boulevard to the Loma Drive Sewer Project increasing the design contract by 18,972; and, 3)Direct staff to assist Southern California Edison and the Loma Drive property owners in the creation of an Underground Utility Assessment District on Loma Drive. And, with the direction to staff to be sure to coordinate with California Water Service Company to avoid the problem of sinkholes and bubbles in the street as was the case with the recent sewer work on Monterey Boulevard and Hermosa Avenue. There was also included the understanding that staff would bring back its determination of the cost and feasibility of including an additional conduit line while the trench was open to allow for any future need. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 8.RECONSIDERATION OF LEGAL NOTICE CONTRACT ALTERNATIVES BASED ON CITY ATTORNEY OPINION. (Continued from meeting of 5/28/96) Memorandum from City Clerk Elaine Doerfling dated May 23, 1996. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions and said that if there were no adjudicated newspaper in the City then the City could go out for bids and use a nearby newspaper, or, in some instances, just post in three public places; but, Hermosa Beach had an adjudicated newspaper in the Easy Reader. Public participation opened at 10:40 P.M. Shirley Cassell - Hermosa Beach, questioned what would happen if it were a bad newspaper that charged outrageous prices, asked what could be done then; asked if this applied to other contracts. (Was told this was a State law that applied only to legal advertising.) Public participation closed at 10:41 P.M. Action: To approve the staff recommendation to reconsider and rescind the action of May 14th directing the City Clerk to request bids for a three-year legal and display advertising contract and, instead, direct the City Clerk to negotiate a three-year extension to the current contract for legal and display advertising with the Easy Reader Newspaper, with the understanding that the City Clerk's office would determine the cost of legal ads for Redondo Beach. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 9.PARKING REGULATIONS, RESIDENTIAL PARKING PROGRAM, METERS ON UPPER PIER AVENUE, HOURS OF ENFORCEMENT CITYWIDE. Memorandum from City Manager Stephen Burrell dated June 4, 1996. City Manager Burrell presented the staff report, responded to Council questions. Action: To approve the staff recommendation to direct that a Public Hearing be set for July 9, 1996 to receive input, noting the Council's concern regarding over-zealous parking enforcement during special events. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 10. REVIEW OF PETITION RECEIVED FROM LOWER PIER AVENUE PROPERTY OWNERS TO FORM AN ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated June 6, 1996. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received June 10, 1996. City Manager Burrell presented the staff report, responded to Council questions, said that the 400,000 figure was the approximate cost for sidewalk widening in front of the stores on lower Pier Avenue and that the total cost was 1.1 million dollars. Action: To approve the staff recommendation to: 1)adopt resolution No. 96-5811, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER IMPROVEMENTS FOR THE PROPOSED LOWER PIER AVENUE ASSESSMENT DISTRICT PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913."; 2)set a public meeting for July 23, 1996; 3)set a public hearing for August 13, 1996 at 7:30; and, 4)direct staff to perform all necessary tasks in order to complete the proceedings. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.PROPOSAL TO PLACE A LIMIT ON ABC LICENSES IN DESIGNATED AREAS OF THE CITY. Memorandum from City Manager Stephen Burrell dated June 5, 1996. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received June 10, 1996. City Manager Burrell presented the staff report, responded to Council questions, and asked that staff be given a six-month period in order to complete projects pending at this time, and then come back with more detailed studies before the parking structure is started. Action: To receive and file this report with the understanding that this issue would be reviewed at a later date as there was no parking expansion available at the current time in the downtown area therefore there could be no more intensified uses. Motion Bowler, second Benz. The motion carried by a unanimous vote. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.SCHEDULING APPLICANT INTERVIEWS FOR UPCOMING BOARD/COMMISSION EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated May 22, 1996. Action: To approve the staff recommendation to direct the City Clerk to report back at the meeting of June 25th on the number of applications received and postpone scheduling an interview meeting until that time. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a)Request from Councilmember Reviczky to direct Downtown Business Area Enhancement District Commission to develop a plan to deal with the impact of the downtown construction project on affected businesses. Councilmember Reviczky spoke to his request. Action: To direct the Downtown Business Area Enhancement District Commission to develop a plan to deal with the impact of the downtown construction project on affected businesses. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to Address the Council at this time was: John Burt - 1152 Seventh Street, requested that there be more parking for Hennessey's and to move beach events north to 14th Street. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1.CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: Lots A, B, C & H Negotiation: City Manager Stephen Burrell negotiating for the City with Allright Cal., Inc. Under Negotiation:Price and Terms ADJOURN TO CLOSED SESSION: At the hour of 11:05 P.M. the Regular Meeting adjourned to a closed session for the purpose listed above. RECONVENE TO OPEN SESSION: At the hour of 11:17 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS: There were no decisions made requiring public disclosure. ADJOURNMENT - The regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 11, 1996, at the hour of 11:18 P.M. to the Regular Meeting of Tuesday, June 25, 1996, at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 25, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Sam Perrotti, Planning Commissioner ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None MAYOR’S COMMENTS/ANNOUNCEMENTS - None PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - 2715 El Oeste, reminded members of the public that deposits made to the City over the past 10 years, such as Building Department inspection deposits, will be forfeited unless those who made the deposits file a written request form for the refund of unclaimed funds, noting that the advertised filing deadline has been extended to July 31, 1996; and Jack Shannon - 711 Prospect Avenue, requested that consent calendar item 1(i) be pulled as he was concerned about the two two-unit condominiums, one at 1069 Seventh Street/1048 Eighth Street, and the other at 1075 Seventh Street/1052 Eighth Street, saying the Planning Commission approved the projects with direction to staff to make certain revisions concerning complex issues but the final drawings will not go back to the Planning Commission for additional review and public input before final approval. (b) WRITTEN COMMUNICATION - None (c) COUNCIL COMMENTS: Councilmember Benz asked when a customer service kiosk would be installed so that people can leave written comments concerning service as they are exiting City Hall. City Manager Burrell said the draft brochure would be available the next day for review and then would be set up. 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: (i), Bowler at the request of resident Jack Shannon. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on June 11, 1996. Action: To approve the minutes of the Regular Meeting of June 11, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NUMBERS 7122 THROUGH 7237 INCLUSIVE, AND APPROVE THE CANCELLATION OF CHECK NUMBER 4265. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL AND MAY, 1996, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the April and May, 1996, Financial Reports as presented. (e) RECOMMENDATION TO EXTEND CURRENT CONTRACT FOR CITY ADVERTISING (LEGAL AND DISPLAY ADS) WITH THE EASY READER NEWSPAPER AND APPROVE THE CONTRACT FOR A TERM OF THREE YEARS. Memorandum from City Clerk Elaine Doerfling dated June 17, 1996. Action: To extend the contract for City advertising (legal and display ads) with the Easy Reader newspaper and approve the new contract as presented for a term of three years. (f) RECOMMENDATION TO ADOPT RESOLUTION SETTING THE 1996-97 APPROPRIATIONS LIMIT. Memorandum from Finance Director Viki Copeland dated June 6, 1996. Action: To adopt Resolution No. 96-5812, 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 1996-97." (g) RECOMMENDATION TO APPROVE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE COUNTY OF LOS ANGELES FOR ANIMAL CONTROL SERVICES AND AUTHORIZE THE MAYOR TO SIGN AGREEMENT. Memorandum from City Manager Stephen Burrell dated June 11, 1996. Supplemental letter from Los Angeles County Animal Care and Control Director Frank R. Andrews dated June 17, 1996 Action: To approve the agreement between Los Angeles County and the City of Hermosa Beach for Animal Control Services as recommended by staff. (h) RECOMMENDATION TO APPROVE REQUEST FROM EVENT PRODUCTIONS INC. TO HOST A ONE (1) HOUR CONCERT AT THE JOSE CUERVO AMATEUR BEACH VOLLEYBALL TOURNAMENT ON SATURDAY, JULY 20 FROM 5:00 P.M. - 6:00 P.M. ON THE BEACH. Memorandum from Community Resources Director Mary Rooney dated June 17, 1996. Action: To approve the request from Event Productions Inc. to host a one-hour concert at the Jose Cuervo Amateur Beach Volleyball Tournament on Saturday, July 20, from 5:00 to 6:00 p.m. on the beach, as recommended by staff. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 6/18/96. Supplemental letter from James K. Sullivan and Sandra L. Essex dated June 24, 1996. This item was removed from the consent calendar by Councilmember Bowler at the request of resident Jack Shannon for separate discussion later in the meeting. Community Development Director Sol Blumenfeld and City Attorney Michael Jenkins responded to Council questions. Coming forward to address the Council on this item were: Steve Montalto - 715 Prospect Avenue, said the changes will be made by staff but the concerned residents will not be able to see the final version until it is too late, since it will not go back to the Planning Commission for further review, said the item should go back before the Planning Commission for final review; Jack Shannon - said the issues that staff was directed to deal with were not straightforward, noting that the Commission’s motion to approve included seven stipulations; and James Sullivan - 1051 Eighth Street, referred to his letter; said he was in support of the comments of the two previous speakers, and did not think the project should be rushed through; Elizabeth Srour - 820 Manhattan Avenue, representing the applicant, said the project has received a very thorough public review; that at the first meeting, the Planning Commission made very precise suggestions for changes which were brought back to the Commission and reviewed in the public forum, after which the project was approved with direction to staff to make additional revisions; and she understood that all resolutions are brought back to the Planning Commission for adoption; and Steve Legree - 1140 Highland Avenue, Manhattan Beach, seller of the property after owning it for over 20 years, said the new development would reduce usage of the site from six to four units, with far more off-street parking than it had in the past; thought there was no way to please all of the neighbors. Action: To direct staff to return the revised plans and the resolution of approval to the Planning Commission as a consent item, which is standard procedure, for final review and action, thereby providing the opportunity for appeal of the subject project after the public has had the opportunity to review and comment on the final plans as revised, the project has received final Commission approval, and Council has reviewed the action minutes. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Action: To receive and file the action minutes from the Planning Commission meeting of June 18, 1996. Motion Bowler, second Benz. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1161 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38, REGARDING ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY." For re-introduction and waiver of full reading. Memorandum from City Clerk Elaine Doerfling dated June 17, 1996. Action: To introduce Ordinance No. 96-1161. Motion Reviczky, second Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. Final Action: To waive full reading of Ordinance No. 96- 1161, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38, REGARDING ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY." Motion Reviczky, second Benz. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 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.REVIEW OF PLANNING COMMISSION APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT 96-6 TO EXPAND A RESTAURANT WITH ON- SALE ALCOHOL, LIVE ENTERTAINMENT AND DANCING, IN ORDER TO ADD A BANQUET ROOM AND OUTSIDE DINING, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 58-68 PIER AVENUE, "SANGRIA GARDEN". Memorandum from Community Development Director Sol Blumenfeld dated June 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions. Councilmember Reviczky, who along with Councilmember Bowler caused this item to be brought before Council for review, said he has received answers to all of the questions and concerns he had at the May 28 meeting, which was the only opportunity available to Council to request a review of the project, noting that his reason for requesting the review was simply due to the lack of time to obtain information about the project at the time because of the Memorial Day holiday and the closure of City Hall. Councilmember Bowler said his concerns also have been answered. The public hearing opened at 8:13 P.M. Coming forward to address the Council on this item were: Jim Lissner - 2715 El Oeste, asked Councilmember Bowler to step down from participating in this item, saying he had a conflict of interest as a downtown merchant; he submitted information related to this project, which he said is not in conformance with the R/UDAT downtown plan; with the use of an overhead projector, he expressed concerns about increased crime and parking problems in the downtown area, noting that prior to this meeting he had provided Council members with copies of a video showing full parking lots; Don Falkenstein - Hermosa Beach, expressed concerns about lack of parking and the increase in crime in the downtown area; discussed problems he has had living two doors from an alcohol-serving establishment; also questioned Councilmember Bowler’s participation in an item concerning a tavern due to his membership with Restaurant and Tavern Owners’ Association; and Matt McDaniel - Sangria owner, said he had no comments but that he and his partner, Chris Pike, were available to answer any questions. The public hearing closed at 8:29 P.M. In response to questions raised by citizens during the public hearing, City Attorney Jenkins said Councilmember Bowler’s membership in the above-mentioned association does not disqualify him from participating in and voting on this item, that it does not impair his ability to be impartial, and has determined that his ownership of a similar business downtown does not constitute a financial conflict of interest because any impact would be speculative and cannot be determined at this time. Action: To deny the appeal, sustain the decision of the Planning Commission, and adopt Resolution No. 96-5813, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, TO ALLOW EXPANSION OF AN EXISTING RESTAURANT WITH ON-SALE ALCOHOL AND LIVE ENTERTAINMENT INTO THE ADJACENT BUILDING SPACE TO THE WEST AND TO ADD OUTSIDE DINING, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 60-68 PIER AVENUE, LEGALLY DESCRIBED AS LOTS 12 AND 13, BLOCK 12, HERMOSA BEACH TRACT." Motion Edgerton, second Benz. The motion carried by a unanimous vote. Proposed Action: To have this conditional use permit expire if not utilized for a period of 90 days. Motion Reviczky. The motion died for lack of a second. The meeting recessed at 8:50 P.M. The meeting reconvened at 9:08 P.M. 5.ADOPTION OF 1996-97 FISCAL YEAR BUDGET. Memorandum from Finance Director Viki Copeland dated June 11, 1996. City Manager Burrell presented the staff report and responded to Council questions, noting that the name of the 6 percent UUT fund will be changed in this budget to be more accurately called the building improvement fund. Police Chief Val Straser responded to Council questions, noting that his recommendation of six locations where crossing guard services should be maintained was based on intersection safety issues rather than usage. City Attorney Michael Jenkins also responded to Council questions. The public hearing opened at 9:20 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, said crossing guards were needed at many locations to protect the children; Cathy McCurdy - 451 25th Street and Hermosa Beach School Board member, asked the Council to reconsider using the 6,000 previously given to the School District for landscape maintenance as part of the funding for crossing guards; requested adding the crossing guards back on Prospect Avenue in front of Hermosa View School; Eleanor Lynn - Park Avenue, said she volunteered at Hermosa View School and although there is a right turn only coming out of the school, many people turn left on Prospect Avenue, creating a danger for students crossing the street; said a problem with using 8th graders as crossing guards is that they would have to be released from their own classes at various times of the day, noting that different classes let out at different times, some at noon, others at 2:30 p.m., etc.; Brad Koppell - 447 Herondo, requested full funding for all 12 crossing guard sites; said the school has maxed out on volunteers; Vickie Hanson - 1265 Bonnie Brae, asked the Council to consider funding the full crossing guard program; Doug Halsinger - 940 10th Street, said although the City’s partial funding of the crossing guard program was appreciated, full funding should be considered because all of the crossing guard locations are important; and Dallas Yost - Pacific Screen Prints, said crossing guards should be used at any location that might be dangerous, that the children should be protected. The public hearing closed at 9:44 P.M. Action: To: 1)Appropriate 39,695 from the General Fund for the Crossing Guard Program for fiscal year 1996-97 to fund six crossing guards, with the locations to be determined by the School Board; 2)Add back into the budget the 6,000 the City has in the past given to the School District for landscape maintenance of the school grounds, for the District to use either for the landscaping or as additional funding for crossing guards; 3)Revise the 1996-97 revenue estimate for utility user tax to 1,826,448, an increase of 100,000; and 4)Adopt Resolution No. 96-5814, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1996-97", approving the Budget and Capital Improvement Program and incorporating the revenue and appropriation changes noted above. Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote by Benz. Final Action: To direct staff to report back on a request from the South Bay Youth Project, which provides juvenile diversion programs for children in the community, for funding in the amount of 3,000, which represents the City’s share, specifically looking at funding sources such as Community Development Block Grant funds. Motion Reviczky, second Edgerton. The motion carried, noting the dissenting vote by Benz. 6.ACCEPT ORAL AND WRITTEN COMMENTS AND PROTESTS REGARDING THE 1996-97 LANDSCAPE AND STREET LIGHTING ASSESSMENT DISTRICT. Memorandum from Public Works Director Amy Amirani dated June 20, 1996. Public Works Director Amirani presented the staff report and responded to Council questions. The public hearing opened at 10:15 P.M. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, objected to the assessment; said the budget includes 240,000 for two new signals at 13th and 14th streets at Hermosa Avenue which are not needed since stop signs would work just fine, 120,000 for downtown lighting, and other items, all of which total up to 400,000 assessed to the entire city; suggested they be removed from the budget since the assessment is too large and the benefit of the assessment is not evenly spread throughout the city but rather is going to the downtown; said some items are not maintenance but rather are new and should be capital improvements. The public hearing closed at 10:18 P.M. Action: To approve the staff recommendation to: 1)Adopt Resolution No. 96-5815, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING MAP AND ASSESSMENTS AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1996 AND ENDING JUNE 30, 1997", which confirms the map and assessment for Landscaping and Street Lighting District 1996-97 and levies an assessment of 54.82 per unit for the fiscal year commencing July 1, 1996 and ending June 30, 1997; and, 3)Adopt the FY 1996-97 estimated revenue from secured collections for the Landscaping and Street Lighting District in the amount of 594,249. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. 7.REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. Memorandum from City Manager Stephen Burrell dated June 20, 1996. Supplemental listing of properties received June 25, 1996. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 10:20 P.M. There being no one coming forward to address the Council on this item, the public hearing was closed at 10:20 P.M. Action: To approve the staff recommendation to Adopt Resolution No. 96-5816, 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 for collection as part of the County tax collection process. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. The meeting recessed at 10:21 P.M. The meeting reconvened at 10:34 P.M., with all members present except Councilmember Bowler who was not going to participate in the next item (#8) because of a potential conflict of interest due to his location in one of the affected areas. MUNICIPAL MATTERS 8.BEACH DRIVE UNDERGROUNDING PHASE I - APPROVAL OF PLANS AND SPECIFICATIONS. Memorandum from Public Works Director Amy Amirani dated June 11, 1996. Supplemental information concerning light fixtures received June 25, 1996. 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: Jim Lissner - 2715 El Oeste, asked that the installed light fixtures send light downward only, and not interfere with the horizontal line of sight so that people living on the hill behind the poles can retain their view of the ocean, or that shades be added to accomplish that. Action: To approve the staff recommendation to: 1)Approve the Plans and Specifications for Phase I of the Beach Drive Undergrounding Project (CIP 94-146) and direct staff to issue construction permits to Southern California Edison and General Telephone for same; and, 2)Approve recommended Alternative #1, specifying concrete poles in lieu of the standard fiberglass poles, utilizing standard "cobra" fixtures and no upgraded street lighting in the downtown area. Motion Reviczky, second Benz. The motion carried, noting the abstention of Bowler. Councilman Bowler returned to the dais. 9.LOWER PIER AVENUE ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated June 19, 1996. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Jim Lissner - 2715 El Oeste, said this assessment involves assessing the Pier Avenue properties 400,000 and the City putting in remaining 2 million for the project, which he thought was inequitable for the city at large, especially given that 45 percent of the people in the area are not interested; and John Burt - 1152 Seventh Street, said they needed to concentrate on the downtown area before moving up Pier Avenue. Action: To adopt Resolution No. 96-5817, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A BOUNDARY MAP AND THE REPORT OF THE ENGINEER IN CONNECTION WITH THE PROPOSED LOWER PIER", which sets August 13, 1996 as the date to hear any protest to the proposed Assessment District. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 10. WALK STREET HARDSHIP EXEMPTION WAIVER, SECTION 9.5-4, TO OPEN SPACE OVERLAY ZONE. Memorandum from Community Development Director Sol Blumenfeld dated June 18, 1996. Mayor Oakes announced that this item had been pulled from the agenda by the City Attorney. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.UPCOMING BOARD/COMMISSION EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 19, 1996. City Clerk Doerfling responded to Council questions. Action: To appoint Michael D’Amico and L. Dwight Taggart to the Civil Service Board for four-year terms expiring July 15, 2000. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. Action: To extend the filing deadline for Planning Commission applications to 6 p.m. Tuesday, July 2, 1996, and to schedule a 5:30 p.m. meeting prior to the regular scheduled meeting of Tuesday, July 9, 1996, for the purpose of interviewing the Planning Commission applicants, with appointments to be made at the regular Council meeting of July 9, 1996. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a.Request from Councilmember Edgerton to agendize the issue of reinstating left turns from 3rd Street onto Prospect Avenue. Councilmember Edgerton spoke to his request. There was no action taken on this item. b.Request from Councilmember Benz for a status report on the computerization of City Hall. Councilmember Benz spoke to his request. Action: Mayor Oakes directed, with the consensus of the City Council, that a status report be prepared for Council review on the computerization of City Hall. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, said the City should have more concerts on the beach, that people would enjoy them more than volleyball tournaments; Jim Lissner - 2715 El Oeste, said the agenda is not clear concerning the appropriate time for public comments regarding consent calendar items and asked that the agenda be changed to more clearly indicate when citizens may comment on, or request the removal of, consent calendar items; and Don Falkenstein - objected to the Council’s approval of the AVP charging for all seats at the upcoming volleyball tournament, said citizens should not be charged to use their own beach. CLOSED SESSION: At the hour of 11:20 P.M., the City Council adjourned to a closed session, which convened at 11:25 P.M., for the purpose of discussion of the following matters: 1.MINUTES: Reading of minutes of Closed Session meeting held on June 11, 1996. 2.CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:Stephen Burrell Employee Organization: Hermosa Beach Firefighters' Association At the hour of 11:26 P.M., the closed session adjourned to the open session of the special meeting, which reconvened at 11:27 P.M., with the comment that no decisions requiring disclosure had been made. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 25, 1996 at the hour of 11:28 P.M. to the Adjourned Regular Meeting of Tuesday, July 9, 1996 at the hour of 5:30 P.M. for the purpose of conducting Planning Commission applicant interviews, to be followed by the Regular Meeting at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 9, 1996, at the hour of 7:08 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell ROLL CALL: Present: Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 8:15 P.M.), Bowler MAYOR'S COMMENTS/ANNOUNCEMENTS - None PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Shirley Cassell - Hermosa Beach, requested that consent calendar item 1(b) (check register) be pulled as she had questions pertaining to two checks; also requested that either the meetings start on time at 7 p.m. as scheduled or that the agenda be changed to start the meetings at 7:15 p.m. since they never start at 7 p.m. (b) WRITTEN COMMUNICATIONS - None (c) COUNCIL COMMENTS Mayor Oakes thanked staff for the new Customer Service Survey form. She then said she had received complaints that the red blinking lights on the Strand, which, when blinking, require bicyclists to dismount and walk their bikes through the area, are too high for people riding bicycles to see them, and asked if they could be lowered. Coming forward to address the Council at this time was: John Hales - 624 Eighth Place, suggested that there be additional red blinking lights at mid-point, on Pier Avenue at the Strand, to ensure that bicyclists entering at that point can see the blinking lights. 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: (b) Edgerton at the request of Shirley Cassell, and (d) Mayor Oakes. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote, noting the absence of Benz and Bowler. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Special Meeting held on June 25, 1996. Action: To approve the minutes of the Special Meeting of June 25, 1996 as presented. (Benz and Bowler absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 7238 THROUGH 7417 INCLUSIVE, NOTING VOIDED CHECK NUMBER 7309. This item was removed from the consent calendar by Councilmember Edgerton at the request of Shirley Cassell for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned check #7241 to Cal State Dominguez for 577.50, said employees should pay their own tuition); also questioned check #7278 for a restoration cost refund. Re check #7241, City Manager Burrell said this was part of a degree program, that the employee is a member of the Teamster’s Union, and the labor agreement requires that the City pay tuition. Re check #7278, Finance Director Copeland said the money had been deposited with the City by the owner of the La Playita restaurant to ensure restoration of the restaurant’s previous location. Action: To ratify the check register as presented. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote, noting the absence of Benz and Bowler. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz and Bowler absent) (d) RECOMMENDATION TO APPROVE PLANS AND SPECIFICATIONS FOR THE PIER AVENUE STORM DRAIN OCEAN OUTLET MODIFICATION AS SUBMITTED BY THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS; AUTHORIZE LOS ANGELES COUNTY TO PROCEED WITH CONSTRUCTION; GRANT PERMISSION TO LOS ANGELES COUNTY TO OCCUPY AND USE PUBLIC STREETS TO CONSTRUCT, OPERATE AND MAINTAIN STORM DRAIN; HOLD LOS ANGELES COUNTY NOT ACCOUNTABLE FOR THE EXPENSES OF RELOCATION, ALTERATION AND MODIFICATION OF THE PROJECT, ONCE INSTALLED, NECESSITATED BY FUTURE STREET IMPROVEMENTS, REALIGNMENT, ALTERATION OR RECONSTRUCTION; AND, APPROPRIATE 10,000 FROM SEWER FUND TO MISCELLANEOUS STORM DRAIN PROJECT (CIP 94-301) FOR CONSTRUCTION INSPECTION. Memorandum from Public Works Director Amy Amirani dated June 25, 1996. This item was removed from the consent calendar by Mayor Oakes for separate discussion later in the meeting to clarify that the 10,000 to be appropriated from the City’s Sewer Fund for project construction inspection would be reimbursed by the County. Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to: 1)approve the plans and specifications for the Pier Avenue Storm Drain Ocean Outlet Modifications as submitted by the County of Los Angeles Department of Public Works (LACDPW); 2)authorize Los Angeles County to proceed with the construction of said project; 3)grant permission to the County of Los Angeles to occupy and use public streets in the City of Hermosa Beach to construct, operate and maintain said storm drain; 4)hold the County of Los Angeles not accountable for the expenses of relocation, alteration and modification of the project, once installed, necessitated by future street improvements, realignment, alteration or reconstruction; and, 5)appropriate 10,000 from the Sewer Fund to the Miscellaneous Storm Drain Project (CIP 94-301) to provide construction inspection for the project Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz and Bowler. (e) RECOMMENDATION TO APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE SUPPLEMENTAL TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH FIREFIGHTER'S ASSOCIATION ESTABLISHING A PREMIUM PAY FOR RESERVE FIREFIGHTER PROGRAM COORDINATOR. Memorandum from Personnel Director Robert Blackwood dated June 18, 1996. Action: To approve the staff recommendation to approve and authorize the City Manager to execute the Supplemental to the Memorandum of Understanding (MOU) between the city of Hermosa Beach and the Hermosa Beach Firefighter's Association establishing a premium pay for Reserve Firefighter Program Coordinator. (Benz and Bowler absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 6/19/96. Action: To approve the staff recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission of June 19, 1996. (Benz and Bowler absent) (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Risk Manager Robert Blackwood dated July 1, 1996. Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claims Administrator: Claimant:Holliday, Dolly Date of Loss: 05/25/96 Date Filed:06/25/96 Allegation :Alleges that City negligence allowed a dangerous and unsafe condition on public property causing the claimant to fall which resulted in bodily injury. (Benz and Bowler absent) 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1161 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE, SECTION 29-38, REGARDING ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 1, 1996. Action: To adopt Ordinance No. 96-1161. Motion Reviczky, second Mayor Oakes. AYES:Edgerton, Reviczky, Mayor Oakes NOES:None ABSENT: Benz, Bowler 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b) and (d) 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 7:15 P.M. the order of the agenda was suspended to go to municipal matters (items 5 and 6), since it was too early for the public hearing, which was scheduled to begin at 7:30 P.M. PUBLIC HEARINGS 4.PARKING REGULATIONS, RESIDENTIAL PARKING PROGRAM, METERS ON UPPER PIER AVENUE, HOURS OF ENFORCEMENT CITYWIDE. Memorandum from City Manager Stephen Burrell dated July 3, 1996. Supplemental letter from Todd and Theresa Calish sent July 6, 1996. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:56 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said residents living in the residential permit area can get special guest stickers for company and parties; said the residential parking stickers should be good 24 hours a day all year long, even if it requires raising the fee to 30; Pat Escalante - Manhattan Avenue, agreed that residents can get parking stickers for parties, individual passes for guests; said most residents in the area do not have driveways in which they can park and that the City should make sure that garages are cleaned out for parking; opposed increasing the parking limit in front of homes; said the biggest enforcement problem occurs at night; Don Falkenstein - Hermosa Beach, said parking is a problem; that a lot of businesses in the downtown do not have to provide parking but do have employees and customers; said business is important and parking is important; David Gross - 1138 Manhattan Avenue, said he had put together a petition about a year and a half ago and thanked the City Manager for this proposal; said after 5 p.m. people park on the residential streets rather than pay at the meters, that customers for restaurants and bars park free in spaces where residents would otherwise park; said someone going to a movie would probably be parked two and a half hours; Mrs. Gross - 1138 Manhattan Avenue, said she and her husband began the petition before the new restaurants and bars opened and parking was a problem then; said they live 300 feet south of Pier Avenue and are pleased with the downtown improvements but parking is worse; said she sees customers of the businesses start parking on her street, which has no meters, at 4 p.m. or so and when the residents come home, the parking is all gone, that they are taking resident parking and instead should be guided to City lots; and John Hales - 624 Eighth Place, said most people do not go to restaurants during the day and instead generally use the parking for short errands at businesses like the dry cleaners. (Councilmember Benz arrived at 8:15 P.M. Continuing to come forward to address the Council on this item were: Ed Connaughton - chiropractor with an office on lower Pier Avenue, was concerned that adding parking meters on upper Pier Avenue would hurt his business since his customers would have to pay to park for each visit; said he opened his office here because there were no parking meters and that he has only four parking spaces; did not feel he should pay to benefit downtown businesses and said restaurants were driving out small businesses like his; objected to the additional parking meters but if they are installed, suggested they be for evenings only, perhaps after 5 p.m.; Winston Marshall - 360 33rd Place, said the north end of town did not have the problems of other residents, that he can find parking at 5 p.m.; asked why residential parking permits began in May, since April is also a nice month for beach-goers and suggested extending the permit coverage; said additional meters may bring in immediate revenue but may hurt businesses in the long run; Merna Marshall - 360 33rd Place, suggested giving business parking stickers and allowing sticker parking at City Hall at night; said enforcement until 8 or 9 p.m. would allow residents time to come home and get parking spaces on the street; objected to metered parking on upper Pier Avenue; and Dallas Yost - Pacific Screen Print, said the downtown is impacting the residents a great deal; thought midnight parking enforcement was a good idea and that people who are now taking residential parking for free would then be forced to park in parking lots; supported the City Manager’s recommendations except he wanted to see one-hour parking on Pier Avenue. The public hearing closed at 8:32 P.M. Action: To approve the installation of commercial meters on upper Pier Avenue with a three-hour parking limit and to direct staff to report back on locations for loading and short-term parking in that area and to return with various options concerning hours of parking enforcement in terms of consistency and impact, including a cost breakdown, for all commercial (silver) meters, and for those options to include year-round vs. summer only enforcement and having different hours of enforcement on weekends vs. weekdays for the residential parking permit area and yellow meters, and looking at commercial and residential areas separately rather than yellow meters versus silver meters, so that the City Council can determine the best hours for parking enforcement throughout the city, with the understanding that Coastal Commission approval will have to be secured for any changes. Motion Mayor Oakes, second Edgerton. The motion carried by a unanimous vote, noting the absence of Bowler. The meeting recessed at 9:40 P.M. The meeting reconvened at 10:02 P.M. with agenda item 7. MUNICIPAL MATTERS 5.AB939 FEE - PROPOSED REDUCTION FROM 50¢ TO 25¢ PER MONTH. Memorandum from City Manager Stephen Burrell dated July 2, 1996. (This item was considered at 7:15 p.m.) City Manager Burrell presented the staff report and responded to Council questions. Action: To adopt Resolution No. 96-5818, entitled, ²A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 95-5757 BY REDUCING THE FEE ON RESIDENTIAL AND COMMERCIAL PREMISES FOR THE COST OF PREPARING, ADOPTING AND IMPLEMENTING THE CITY'S SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT.², which reduces the AB939 basic charge from .50 to .25 per household per month for residential properties (up to four units) and from .50 to .25 per cubic yard per month for commercial properties, effective July 1, 1996. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz and Bowler. 6.BROWNING-FERRIS INDUSTRIES REQUEST FOR RATE INCREASE. Memorandum from City Manager Stephen Burrell dated June 24, 1996. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 7:25 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, objected to the requested rate increase because the company is making money from the recycling program with no return to the City; Gene Dreher - Seventh Place, said he pays the same fee for putting out one full trash can every other week as his neighbors down the street do with ten trash cans each week; said he works out of his home and the blue recycling bin does not hold his office paper so it must be thrown out with the regular trash; Chip Schultz - Director of Community Affairs for Browning-Ferris Industries, said the difference between picking up trash and recycling is that the recycled products go to the recycling center instead of the landfill; said it cost more to process it and the 1.31 per home covers the cost; said the reason the City does not see any rebate is that the City did not want to be in the business of depending on money from that source; agreed with the problem of office paper and expressed a willingness to work on it. Public participation closed at 7:31 P.M. Action: To adopt Resolution No. 96-5819, entitled, ²A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A 2.09 PERCENT REFUSE RATE INCREASE AND A 2.09 PERCENT RECYCLING RATE INCREASE EFFECTIVE JULY 1, 1996.² Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote by Edgerton and the absence of Benz and Bowler. At the hour of 7:43 P.M., the order of the agenda was returned to public hearing item 4. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.REQUEST FOR LETTER OF SUPPORT FOR AB2049. Memorandum from City Manager Stephen Burrell dated June 27, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: To take no position on the request for a letter of support for AB2049 to require the use of tolls now collected to pay for the retrofit of the Bay Area bridges instead of Proposition 192. Motion Reviczky, second Mayor Oakes. The motion carried, noting the dissenting vote by Benz and the absence of Bowler. b.ORAL REPORT ON THE STATUS OF THE NPDES PERMIT OF LOS ANGELES COUNTY. City Manager Burrell said Public Works Director Amirani and City Attorney Jenkins met with the Regional Water Quality Board, that because of the settlement agreement with NRDC, the City is in a position of moving to do the next permit without too much difficulty. No action was taken on this item. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS. EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated July 3, 1996. Action: Mayor Oakes directed, with the consensus of the City Council, to postpone, until the next regular meeting of July 23, 1996, appointing from among the Planning Commission applicants to fill the three four-year terms ending June 30, 2000, noting that the postponement was due to the absence of Councilmembers Benz and Bowler at the interview meeting which took place earlier this evening, adding that the delay will give them both the opportunity to listen to the audio tape of the interviews and to participate in the appointments. 9.OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: Roger Gorky - Heal the Bay, spoke concerning agenda item 7.b.; said the final revised version of the countywide municipal storm water permit is supported by numerous groups including business organizations and that 2,200 letters of support have been sent so far; urged the City Council to send a letter of support for the permit, noting that the Regional Water Quality Board would be voting on the issue July 15, 1996. In response to a Council question, City Attorney Jenkins said he could make copies of the latest version available to the City Councilmembers. Mayor Oakes noted the consensus of the City Council to see the revised permit before taking a position. Continuing to come forward to address the Council were: John Holland - Manhattan Avenue resident and member of Heal the Bay, said he was present as a voter to urge the Council to support the permit; and Shirley Cassell - Hermosa Beach, said parking standards discussed in agenda item 4 should be uniform throughout the City whether from 8 a.m. to midnight or another time period, noted that there had been no discussion of street sweeping and that people will not move their cars without signage; objected to the City Attorney saying Council could vote to authorize a letter of support for the storm water permit since the item was not on the agenda. (City Attorney Jenkins said the item was on the agenda as a City Manager report and that the Council, had it chosen to do so, could have taken a position on the permit.) CLOSED SESSION: At the hour of 10:32 P.M., the City Council adjourned to a closed session, which convened at 10:45 P.M. for the purpose of discussion of the following matters: 1.MINUTES: Reading of minutes of Closed Session meeting held on June 25, 1996. 2.CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 a.Property: Lots A, B, C & H Negotiating Parties: Stephen Burrell Allright Cal., Inc. Under Negotiation:Price & Terms b.Property: Lot C Negotiating Parties: Stephen Burrell Keenan Land Company Under Negotiation:Price & Terms 3.CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Clark v. City of Hermosa Beach Case Number: YS002665 RECONVENE TO OPEN SESSION At the hour of 12:00 A.M., the closed session adjourned to the open session of the regular meeting, which reconvened at 12:01 A.M., with the comment that no decisions requiring disclosure had been made. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 10, 1996 at the hour of 12:02 A.M. to the Regular Meeting of Tuesday, July 23, 1996 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 23, 1996, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Leslie Newton, resident ROLL CALL: Present: Bowler, Reviczky, Mayor Oakes Absent: Benz, Edgerton (arrived at 7:22 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes announced that the Los Angeles County Sanitation District was conducting two hazardous waste round-ups in this area next month and that interested parties could contact the district in Whittier for the times and locations. Councilmember Bowler added that most of the household hazardous waste round-ups were held at TRW and reminded the viewers that many household items such as paint, pesticides, and cleaning products could not be disposed of in the normal trash system. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Don Falkenstien - Hermosa Beach, spoke regarding a letter sent to the Councilmembers asking that the Council reconsider allowing the AVP to charge admission for seating at its beach volleyball event. (City Manager Stephen Burrell responded that there was a signed contract that could not be changed at this time.) (b) WRITTEN COMMUNICATION - None (c) COUNCIL COMMENTS - 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: (f) Reviczky and (h) Bowler. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz and 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 9, 1996; and, 2)Minutes of the Regular Meeting held on July 9, 1996. Action: To approve the minutes of the Adjourned Regular Meeting of July 9, 1996 and the Regular Meeting of July 9, 1996 as presented. (Benz and Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 7418 THROUGH 7425 INCLUSIVE. Action: To ratify the check register as presented. (Benz and 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. (Benz and Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE, 1996, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the June, 1996, Financial Reports as presented. (Benz and Edgerton absent) (e) RECOMMENDATION TO APPROVE THE PURCHASE OF A NEW AMBULANCE, WITH EQUIPMENT, IN THE AMOUNT OF 62,888. Memorandum from Fire Chief Pete Bonano dated July 1, 1996. Action: To approve the staff recommendation to approve the purchase of a new ambulance, with equipment, using the City of Santa Ana's ambulance bid package 95-002, in the amount of 62,888 (including tax) to replace the 1983 Horton Ambulance that has proven to be unreliable for emergency service. (Benz and Edgerton absent) (f) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING CANCELLATION OF THE PLANNING COMMISSION MEETING OF JULY 16, 1996, DUE TO LACK OF A QUORUM. Memorandum from Community Development Director Sol Blumenfeld dated July 16, 1996. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting, due to concerns that Planning Commission appointments should be made tonight and that a special meeting be called for the Planning Commission in order for it to hear delayed items as soon as possible. Action: To direct staff to schedule a special meeting of the Planning Commission as soon as possible, after the three vacant seats are filled at tonight's meeting (Item 8a). Motion Reviczky, second Mayor Oakes. the motion carried noting the absence of Benz and Edgerton. Final Action: To approve the staff recommendation to receive and file the memorandum regarding the cancellation of the Planning Commission meeting of July 16, 1996, due to the lack of a quorum. Motion Bowler, second Reviczky. the motion carried noting the absence of Benz and Edgerton. (g) RECOMMENDATION TO AWARD A BID FOR PURCHASE OF A 1996 REGULAR CAB PICK-UP TRUCK TO WONDRIES/FLEET DIVISION FOR A COST OF 17,055.87. Memorandum from Public Works Director Amy Amirani dated July 17, 1996. Action: To approve the staff recommendation to award a bid for the purchase of a 1996 regular pick-up truck to Wondries/Fleet Division for a cost of 17,055.87 which includes all applicable fees, taxes and manufacturing rebates. (Benz and Edgerton absent) (h) RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON CITY HALL DATA PROCESSING OPERATIONS. Memorandum from Assistant City Manager Mary Rooney dated July 15, 1996. Supplemental memorandum from Community Resources received July 23, 1996. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Mr. Bowler commended the staff for the report and said that he had concerns regarding the reluctance of same staff members to use the computer programs available and suggested that training be given in order to more fully use these tools, and, that he wished to see internet access as soon as possible. Assistant City Manager Rooney responded to Council questions. Action: To approve the staff recommendation to receive and file the status report on City Hall Data Processing operations. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz and Edgerton. (i) RECOMMENDATION TO AUTHORIZE THE MAYOR TO EXECUTE COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT AMENDMENT #2 WHICH INCREASES THE COMPENSATION AMOUNT BY 3,417. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1996. Action: To approve the staff recommendation to authorize the Mayor to execute Community Development Block Grant Reimbursable Contract Amendment #2 which increases the compensation amount by 3,417. (Benz and Edgerton absent) 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(f) and (h) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. HEARINGS 4.LOWER PIER AVENUE ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated July 18, 1996. Councilmember Edgerton arrived at 7:22 P.M. Public Works Director Amirani presented a summary of the engineer's report, including a description of the proposed improvements and the proposed assessments, and responded to Council questions. The hearing opened at 7:25 P.M. Coming forward to address the Council on this item was: Bud Mirrasou - 1702 Camino de la Costa, Redondo Beach, attorney representing Quentin Thelan, said that on behalf of Mr. Thelan he wished to formally object to the district as unfair and against the law and to formally object to the assessment as unfair and against the law; said that in the formation of the district the square footage of the property was used as the measure and that all of Mr. Thelan's property had not been included, that if it had been included the district would not have achieved a 50 percent majority; said that in the assessment the frontage foot was the measure and Mr. Thelan's property was a parking lot that could not receive a benefit as under the Coastal Commission determination it could not be used for anything but parking. The hearing closed at 7:39 P.M. In response to Council questions, City Manager Burrell said that the district had been formed legally. Action: To accept the public testimony and continue this item to a public hearing at the regular meeting of August 13, 1996. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. MUNICIPAL MATTERS 5.DOWNTOWN IMPROVEMENT PLAN - UPDATE. Memorandum from Public Works Director Amy Amirani dated July 17, 1996. Public Works Director Amirani presented the staff report, responded to Council questions and said that construction was scheduled to begin on January 2, 1997. Public participation opened at 7:54 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, suggested leaving the downtown the way it is and moving the sidewalks back rather than widening them; said bicycle riding should not be allowed on the sidewalks; Jerry Newton - 2041 Circle Drive, said that ideally lower Pier Avenue would be pedestrian; said the two-way traffic encouraged "cruising"; said that the flexibility to change the traffic pattern as needed was important; and, Patricia Spiritus - The Brewworks, said that the key element was flexibility; asked that electrical hook-ups be provided at the Pier head for future lighting needs on the beach for night events or concerts; said that taxi visibility was important in having people use cabs instead of driving; and said there was a need for attractive and clearly designed signage for parking lots and other venues. Public participation closed at 8:02 P.M. Action: To approve item 1: to authorize the City Manager to amend the existing IBI Group design contract for Lower Pier Avenue to include preparation of construction documents for the intersection of Hermosa Avenue and Pier Avenue, which would increase the cost of the contract by 35,431. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 2: Plaza surface materials to be integral colored concrete, concrete pavers or other suitable material. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 3: to approve retaining two way traffic configuration on lower Pier Avenue with a turn around at Beach Drive, in lieu of the originally approved one-way circulation; Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 4: the installation of hydraulic bollards at the Pier Avenue, Beach Drive intersection to allow access for police and safety vehicles; Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 5: to redesign the street lighting rather than have the originally proposed suspended overhead lighting; Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 6: to redesign the planters for a flush surface effect, with consideration given to the problem of drainage, and create new designs for the bicycle racks. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Action: To approve item 7: to redesign the westerly terminus of Pier Avenue at the Strand and return with a design feature yet to be determined (sculpture or fountain, etc.). Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Final Action:To approve item 8: to direct staff to investigate the scheduling and cost impacts of splitting the Municipal Pier Renovation Project into retrofit and architectural phases. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. 6.REQUEST TO INITIATE A TEXT AMENDMENT TO ADD TATTOOING AS A PERMITTED USE. Proposed Action: To continue this item to the regular meeting of August 13, 1996. Motion Bowler, second Reviczky. The motion failed due to the dissenting votes of Edgerton and Mayor Oakes and the absence of Benz. Public participation opened at 8:35 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, questioned how the Council could authorize spending millions of dollars to upgrade the downtown area and then consider allowing in tattoo parlors that would cheapen and nullify that upgrade; said that the tattoo parlors could stay where they were; John Burt - 1152 Seventh Street, spoke against allowing tattoo parlors in the City; Jerry Newton - 2041 Circle Drive, said he agreed with Ms. Cassell that tattoo parlors would not enhance the upscale image that the City was striving for; and, Patricia Spiritus - The Brewworks, spoke in favor of allowing tattoo parlors in the City, said it was a business and did not increase crime or bring in undesirable elements. Public participation closed at 8:40 P.M. Action: To accept public testimony and continue this item to the regular meeting of August 13, 1996. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. The meeting recessed at the hour of 8:46 P.M. The meeting reconvened at the hour of 8:59 P.M. 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.CONFIRM DATE FOR CITY COUNCIL MEETING OF NOVEMBER 12, 1996. Action: Mayor Oakes, with the consensus of the Council, directed that the date of Thursday, November 14, 1996, be set as the first meeting in November, as the normal date of the November 12th falls the day after a legal holiday. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.VACANCIES - BOARDS AND COMMISSIONS. EXPIRATION OF TERMS (Continued from meeting of July 9, 1996) Memorandum from City Clerk Elaine Doerfling dated July 3, 1996. Action: To appoint Carol Schwartz to a four-year term on the Planning Commission ending on June 30, 2000. Motion Mayor Oakes, second Reviczky. The motion carried, noting the absence of Benz. Action: To appoint Ron Pizer to a four-year term on the Planning Commission ending on June 30, 2000. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Benz. Action: To re-appoint Rod Merl to a four-year term on the Planning Commission ending on June 30, 2000. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz. 9.OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, spoke regarding the purchase of a new paramedic ambulance; said the City should have a mechanic that could make repairs to the old ambulance and that two paramedic teams should be sent out on calls rather than one unit and the fire truck; said the City should hire more fire fighters when it receives oil money. City Attorney Michael Jenkins said that an item needed to be added to the closed session agenda as 1(b) under existing litigation, pursuant to Government code Section 54956.9(a): Clark v. City of Hermosa Beach : Case No. YS002665, Superior Court - Torrance, and that this item had arisen after the agenda had been posted. Action: To approve the additional item to the closed session agenda. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1)CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code 54956.9(a), Existing Litigation: a)Grazak, Gary - Claim No. 95 003A. b)Clark v. City of Hermosa Beach : Case No. YS002665, Superior Court - Torrance. 2.CONFERENCE WITH REAL PROPERTY NEGOTIATOR: pursuant to Government Code Section 54956.8 a)Property:Lots A, B, C & H Negotiating Parties: Stephen Burrell and Allright Cal., Inc. Under Negotiation: Price & Terms b)Property:Lot C Negotiating Parties: Stephen Burrell Keenan Land Company Under Negotiation: Price & Terms ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned at the hour of 9:20 P.M. to the closed session. The closed session convened at the hour of 9:21 P.M. At the hour of 10:10 P.M. the closed session reconvened to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 23, 1996, at the hour of 10:11 P.M. to the Adjourned Regular Meeting of Tuesday, July 30, 1996, 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, August 13, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Robert Aronoff: Parks, Recreation and Community Resources Advisory Commissioner ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 7:17 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes announced that tonight's meeting would be adjourned in memory of Dani Peirce, Park, Recreation and Community Resources Commissioner and community worker, whose memorial service was held August 4, 1996, at South Park. Mayor Oakes spoke of the accomplishments of Dani Peirce and said that she would be missed. Mayor Oakes also announced; 1)the "Hazardous Waste Round-up" that would be held on Saturday, September 14, 1996, from 9:00 A.M. until 3 P.M., at Hughes Parking Lot G, at Hughes Way off of Sepulveda in El Segundo; 2)"Ride Share Week" would be the week of October 7-11, 1996; and, 3)a welcome to Chris Jones, the new principal for Valley School, and Alan Rasmussen, the new Hermosa Beach School District Superintendent. PRESENTATION: OUTSTANDING EMPLOYEE AWARD: VALERIE MOHLER Mayor Oakes presented a plaque of appreciation to Valerie Mohler for being selected as Outstanding Employee for the Fourth Quarter of Fiscal Year 1995-96. A City employee since 1981, Valerie is recognized for outstanding professionalism, dedication and excellence in the performance of her duties; readily accepts additional responsibilities as the need arises; and her knowledge of the Finance Department's function serves as a resource for all employees in City Hall. Ms. Mohler expressed her thanks. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Councilmember Benz arrived at 7:17 P.M. Coming forward to address the Council at this time were: Myrna Marshall - Hermosa Beach, Sister City representative, introduced the daughter of a Loreto Sister City Association member and presented the City with a piece of artwork from the secondary school there. Mayor Oakes accepted with the City's thanks; Don Falkenstien - Hermosa Beach, spoke in protest of the AVP being allowed to charge for all seats at its upcoming volleyball tournament; said that the beach belonged to everyone and should always be free; displayed papers containing 1,250 signatures opposing paid seating at events on the beach; Gene Dreher - Hermosa Beach, said that the best way the City could prevent Prospect Avenue from ever becoming a major traffic artery would be to vacate the City easements and give the frontage property back to the owners; and, said that displaying the fine amount, such as "275 for speeding bicycles", would have a much greater impact than just saying "don't speed"; suggested a Citizen's Committee to create readable signs; Robert Aronoff - 124 Strand, Parks, Recreation and Community Resources Advisory Commission (P & R), suggested that the AVP protests should be brought up before the P & R Commission; said that the theme of "A Feast for your Senses" had been set for the proposed Hermosa Beach Film Festival, which would promote the arts and feature independent films; said that a proposal for seed money would be brought before the Council for its next meeting; and, Shirley Cassell - Hermosa Beach, said the Council Chamber was a disgrace; said that five years ago there was a plan to refurbish the room and said that she wanted to see this Chamber fixed-up; said that other cities had attractive Council Chambers and that it was a pleasure to complain in Redondo Beach or Torrance. (b) WRITTEN COMMUNICATION - None (c) COUNCIL COMMENTS: Councilmember Benz said that in view of the recent power outages the City should give incentives, possibly through the UUT tax, to businesses such as grocery stores and restaurants to install emergency generators; said that an earthquake could cause power failures up to three or four days. Action: Mayor Oakes, with the consensus of the Council, directed staff to work on an incentive program for businesses to install emergency generators. Councilmember Benz said that Hyperion had dumped six million tons of raw sewage into the ocean, causing beach closures, due to the recent power outage and asked that a letter of protest be sent that included a request that Hyperion install emergency generators to prevent this happening in the future. Action: To authorize the Mayor to write a letter to the City of Los Angeles regarding the need for emergency generators at the Hyperion plant to prevent future sewage dumping and to try to coordinate this protest with other cities and organizations. Motion Benz, second Reviczky. The motion carried by a unanimous vote. Councilmember Reviczky announced that Steve Crecy's son, Kevin Crecy, had been accepted at the Coast Guard Academy and expressed his congratulations. Mr. Reviczky also expressed his sympathy to the family of Dani Peirce. Mayor Oakes thanked the Police Department and the Public Works Department for the signs and sawhorses that had helped to direct traffic during the recent power outage, said that it was much more efficient than other cities she had passed through that day. And, in response to comments regarding creation of a sub- committee to assist downtown merchants with problems with governmental agencies, Mayor Oakes asked for volunteers. Action: To appoint Councilmembers Benz and Edgerton to a sub-committee to assist downtown merchants with problems concerning governmental agencies. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Councilmember Benz expressed the Council's sympathy at the death of Mr. Benz' friend Jason Thirsk. 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: (b) Benz, (f) Edgerton, (k) Edgerton, (m) Edgerton, and (p) Edgerton. In addition, Councilmember Edgerton declared a conflict of interest due to serving on the Board of one of the lessees approved for item 1(g) and Councilmember Benz questioned why more of the Police uniforms could not include shorts, especially during the summer months, under item 1(i). Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:39 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular Meeting held on July 23, 1996; and, 2)Minutes of the Adjourned Regular Meeting held on July 30, 1996. Action: To approve the minutes of the Regular Meeting of July 23, 1996, and the Adjourned Regular Meeting of July 30, 1996, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 7426 THROUGH 7665 INCLUSIVE, NOTING VOID CHECK NO. 7625, AND TO APPROVE CANCELLATION OF CHECK NOS. 38059, 7365, 7481, 7495, 7603 AND 7627 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to a question regarding the cost of Community Service vehicles. City Manager Burrell responded to Council questions. Action: To ratify the check register as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO ADOPT A RESOLUTION CHANGING STARTING TIME OF CITY COUNCIL MEETINGS FROM 7:00 P.M. TO 7:10 P.M. Memorandum from City Manager Stephen Burrell dated July 30, 1996. Action: To adopt Resolution No. 96-5820, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING THE TIME FOR HOLDING REGULAR MEETINGS OF THE HERMOSA BEACH CITY COUNCIL." (e) RECOMMENDATION TO APPROVE A RENEWAL OF AGREEMENT BETWEEN THE CITY AND DISPUTE RESOLUTION SERVICES AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. Memorandum from Police Chief Val Straser dated July 29, 1996. Action: To approve the staff recommendation to approve the renewal of the agreement between the City and Dispute Resolution Services for Fiscal Year 1996-97 at a sum of up to 5,000, to be billed quarterly, and authorize the City Manager to sign the agreement. (f) RECOMMENDATION TO DIRECT STAFF TO PROCEED WITH THE SOLICITATION OF BIDS FOR THE PURCHASE OF A THIRD FIRE ENGINE. Memorandum from Fire Chief Pete Bonano dated July 29, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Fire Chief Bonano presented the staff report, responded to Council questions, said that the useful life for a fire engine was 25 years and said that a third fire engine was needed in order to reach the requirements needed to increase the Insurance Service Office ratings, and, to reach the roofs of almost all buildings in the City. Action: To approve the staff recommendation to proceed with the solicitation of bids for the purchase of a third fire engine, equipped with a minimum 55 foot ladder, at a cost of approximately 297,000. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz. (g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 7/17/96. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission. (Councilmember Edgerton registered an abstention on this vote.) (h) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated August 1, 1996. Action: To approve the staff recommendation to deny the following claim and refer it to the City’s Liability Claims Administrator : 1)Claimant:Winburne, Frank Date of Loss: 5/19/96 Date Filed:7/31/96 Allegation: Alleges City negligence in installation, inspection, repair and maintenance of cement sidewalk and metal TV vault cover, causing claimant to fall while roller blading, resulting in personal injury. (i) RECOMMENDATION FOR REAPPROPRIATION OF FUNDS FROM 1995-96 BUDGET. Memorandum from Finance Director Viki Copeland dated August 5, 1996. Action: To approve the staff recommendation to reappropriate 193,387 of general fund monies (including 127,492 for first floor office remodel), and 188,418 of special fund monies for a total of 381,805 for items approved and appropriated in the 1995-96 budget, but not received during that time. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN AND ECO-SYSTEM PROJECT. Memorandum from Public Works Director Amy Amirani dated July 31, 1996. Action: To approve the staff recommendation to adopt Resolution No. 96-5821, entitled, "A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN ECO-SYSTEM PROJECT." (k) RECOMMENDATION TO APPROVE SECOND AMENDMENT TO THE LEASE WITH ALLRIGHT CAL., INC. EFFECTIVE JULY 1, 1996. Memorandum from City Manager Stephen Burrell dated August 5, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell and City Attorney Michael Jenkins responded to Council questions. Action: To approve the staff recommendation to approve the second amendment to the lease with Allright Cal, Inc. for the use and occupancy of the downtown parking lots, effective July 1, 1996, which covers the transitional period soon to be entered with the construction of the parking structure on Lot C. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE RATE INCREASE IN CITY PROSECUTOR RETAINER FROM 5,600 TO 5,800 PER MONTH. Memorandum from City Manager Stephen Burrell dated August 5, 1996. Action: To approve the staff recommendation to approve a rate increase in the City Prosecutor's retainer from 5,600 to 5,800 per month for an annual increase of 2,400. (m) RECOMMENDATION TO AWARD BID TO THE GREAT AMERICAN BACKYARD CO. FOR THE PROCESS OF RESURFACING TWO BASKETBALL COURTS IN HERMOSA BEACH FOR A COST OF 8,520.00 AND TRANSFER 9,798 FROM CIP #96-506 TO CIP #96-509. Memorandum from Public Works Director Amy Amirani dated August 6, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to: 1)award a bid to The Great American Backyard Co. for the process of resurfacing two basketball courts at Clark Field for a cost of 8,520; and, 2)transfer 9,798 from the UUT Fund (from CIP #96-506) to CIP #96-509 to cover the cost of the project and a 15 percent contingency. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #23246 FOR THE DIVISION OF TWO LOTS INTO THREE FOR THE PROJECT LOCATED AT 206-212 PROSPECT AND 1265 VAN HORNE. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 1996. Action: To adopt Resolution No. 96-5822, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #23246 FOR THE DIVISION OF TWO LOTS INTO THREE FOR THE PROJECT LOCATED AT 206-212 PROSPECT AND 1265 VAN HORNE, HERMOSA BEACH, CALIFORNIA." (o) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24276 FOR A 2-UNIT CONDOMINIUM AT 632 MONTEREY BLVD. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 1996. Action: To adopt Resolution No. 96-5823, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24276 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 632 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (p) RECOMMENDATION TO APPROVE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE COUNTY OF LOS ANGELES FOR ANIMAL CONTROL SERVICES AND AUTHORIZE THE MAYOR TO SIGN AGREEMENT. Memorandum from City Manager Stephen Burrell dated August 8, 1996. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, said that animals are now housed at the City Yard, rather than Base 3, prior to being taken to the County Animal Shelter and felt that people did not know this; suggested that notice be given pet owners of this change and signage established. Action: To approve the staff recommendation to: 1)approve a five-year (to June 30, 2001) agreement between the City of Hermosa Beach and the County of Los Angeles for animal control services; and, 2)authorize the Mayor to sign the agreement. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (f), (k), (m), and (p) 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.LOWER PIER AVENUE ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated August 7, 1996. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:40 P.M. As no one came forward to address the Council, the public hearing closed at 7:40 P.M. Action: To approve the staff recommendation to: 1)Continue the protest hearing to the Regular Meeting of October 22, 1996, and direct staff to re-notice all affected property owners; 2)Adopt Resolution No. 96-5824, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ITS RESOLUTION NO. 96-5811 AND DECLARING ITS INTENTION TO COMPLY WITH THE REQUIREMENTS OF DIVISION 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE BY PROCEEDING UNDER PART 7.5 THEREOF.", which modifies the Resolution of Intention to add the provision of the Special Assessment Investigation, Limitations and Majority Protest Act of 1931; 3)Adopt Resolution No. 96-5825, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER, AS MODIFIED, IN CONNECTION WITH THE PROPOSED LOWER PIER AVENUE ASSESSMENT DISTRICT AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS.", which modifies the Engineer's Report in connection with the requirements of the Majority Protest Act of 1931; and, 4)Set a Public meeting on the proposed assessment for the Regular Meeting of September 24, 1996. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 5.PARKING REGULATIONS, RESIDENTIAL PARKING PROGRAM, METERS ON UPPER PIER AVENUE, HOURS OF ENFORCEMENT. (Continued from meeting of July 9, 1996.) Memorandum from City Manager Stephen Burrell dated August 6, 1996. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, questioned the different times for enforcement and suggested it would be easier for all if enforcement was consistent; said she would be willing to pay more for her residential parking permit if it could be year-round; said in her area at the south-end of the City all of the yellow pole meters were used by cars with parking stickers; and, Don Falkenstien - Hermosa Beach, said the downtown parking area was more heavily impacted than other areas of the City; said two-thirds of the spaces were taken by visitors and that 450 employees of businesses in the area had residential parking permits rather than using their employer's parking spaces; said that three blocks around the downtown area should be for residents only. The public hearing closed at 7:55 P.M. Action: To approve the staff recommendation to: 1)approve Residential Permit Area enforcement from 10:00 A.M. to 10:00 P.M., drop the 2:00 A.M. to 6:00 A.M. permit only requirement, and, continue the enforcement program year-round; 2)approve Yellow meter enforcement from 10:00 A.M. to 12:00 midnight and approve change in signs; 3)approve Silver meter enforcement from 10:00 A.M. to 12:00 midnight and approve change in signs; 4)direct staff to prepare appropriate resolutions to implement these changes; and, 5)with the direction to staff to give public notice of the intended change of the Residential Permit enforcement to a year-round program when the amending resolutions are brought back before Council Motion Reviczky, second Bowler. The motion carried, noting the dissenting votes of Benz and Edgerton. The meeting recessed at 8:10 P.M. The meeting reconvened at 8:25 P.M. and went to item 7. MUNICIPAL MATTERS 6.APPROVAL OF NON-EXCLUSIVE CONSENT AGREEMENT WITH METRICOM INC. TO INSTALL WIRELESS DATA SERVICES IN HERMOSA BEACH. Memorandum from Assistant City Manager Mary Rooney dated August 6, 1996. Supplemental memorandum from Community Resources dated August 12, 1996. Assistant City Manager Rooney presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 10:14 P.M. Richard Bartoccini - representing Metricom, responded to Council questions; displayed the small radio cells that would be attached to four to eight poles; showed the device that would be attached to the computers that would supply a wireless modem that was Hayes compatible and would operate at up to 28.8 MHz speed; said customers would be charged a flat 29.95 per month fee with unlimited access time; said the frequencies used were regulated by the FCC; and said they currently operated in 55 cities in northern California and were now expanding into the southland. Public participation closed at 10:17 P.M. Action: To approve the staff recommendation to: 1)approve the five-year, non-exclusive consent agreement to allow Metricom to install up to eight radio cells in Hermosa Beach; and, 2)authorize the Mayor to sign the agreement. Motion Bowler, second Benz. The motion carried by a unanimous vote. At the hour of 10:35 P.M., the order of the agenda was returned to item 3. 7.REQUEST TO INITIATE A TEXT AMENDMENT TO ADD TATTOOING AS A PERMITTED USE. (Continued from meeting of 7/23/96) Memorandum from Community Development Director Sol Blumenfeld dated July 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 8:30 P.M. Coming forward to address the Council were: Paul Driskell - Corona del Mar, spoke in favor of allowing tattoo studios into the City; said he was a business owner with over 700 employees; said he was an art collector whose favorite art were his tattoos; customer of Ms. Barba and spoke highly of her professionalism; displayed his tattoos for the Council; Terry Williams - 326 Cochise, Hermosa Beach, spoke in favor of allowing tattoo studios into the City; said she had no tattoos but considers it a form of body art; went to Ms. Barba's shop and was impressed by the high glamorous atmosphere; asked the Council to break the myth of the drunken sailor getting tattoos as people from all professions were turning to this ancient art form; Don Falkenstien - Hermosa Beach, spoke in favor of allowing tattoo studios into the City; said he saw no reason not to allow them; Jill Burwick - 8650 Bologna, Playa del Rey, spoke in favor of allowing tattoo studios into the City; said she was a client of Ms. Barba and spoke highly of her professionalism; said tattooing was an ancient art form; quoted Lincoln by asking the Council to not show contempt prior to investigation; Lori Galloway - 270 So. Solomon, Anaheim, Founder and Director of the Eli Home for Abused Children in Orange County; said that Ms. Barba had participated in a fund-raiser for the shelter by donating all proceeds from a tattooing event to the charity; said Ms. Barba would be a positive addition to Hermosa Beach; David Moon - 870 Santa Barbara, Newport Beach, Police Officer, spoke in favor of allowing tattoo studios into the City; said he had been impressed by Ms. Barba's shop as it smelled like a Doctor's office; said that there were three tattoo studios in Newport Beach and there had never been a Police complaint; submitted a copy of the Newport Beach Municipal Code allowing tattoo studios to the City Attorney; Shirley Cassell - Hermosa Beach, spoke in opposition of allowing tattoo studios into the City; said that most of the people speaking in favor were not from Hermosa Beach; suggested that these people use tattoo studios in their own areas; said that she did not think that tattoo studios were needed in Hermosa Beach, nor would they help to improve the image the City was trying to achieve; Gene Dreher - Seventh Place, Hermosa Beach, spoke in favor of allowing tattoo studios into the City; said that with the proper conditions and zoning laws the "dives" often associated with tattoo studios could be eliminated; said any type of "bad" business or even "ugly" housing could hurt the City's image; said that there was nothing about an upscale tattoo business that could hurt the community; Claire Wood - 828 Bayview, Hermosa Beach, Hermosa Business owner, spoke in favor of allowing tattoo studios into the City; said Ms. Barba had an excellent business; questioned why the City allowed some businesses to sell drug paraphernalia; Bill Polich - Corona del Mar, teacher, spoke in favor of allowing tattoo studios into the City; client of Ms. Barba; said that she is a world class artist and that people came from all over the world for her services; said that times have changed and that now it was often the more upscale professional people who came for tattoos; Bruce Selin - 16th and Hermosa Ave., Hermosa Beach, spoke in favor of allowing tattoo studios into the City and felt this was an appropriate use for the business area as there should be diversity; said the City did not need another sushi bar as there were four within a few blocks of each other; Mike Sanders - 12132 Christy Lane, Los Alamitos, spoke in favor of allowing tattoo studios into the City; client of Ms. Barba; said that she is one of the best tattoo artists in the world and that she would be an asset to Hermosa Beach; Margie Lagston - 10395 Lavender Court, Alta Loma, spoke in favor of allowing tattoo studios into the City; client of Ms. Barba; said that she is internationally renowned and would bring upscale business to the City; Tim McIntosh - Probation Officer in Riverside, spoke in favor of allowing tattoo studios into the City; client of Ms. Barba; said that she has rigid standards, is internationally renowned for her art work and the City should be honored that Ms. Barba chose Hermosa Beach to open a studio; Laura Reyes - 500 E. Del Mar, Pasadena, Occupational Therapist, spoke in favor of allowing tattoo studios into the City; said that she had walked through the streets of the City talking to the residents and that the vast majority had no objection to a tattoo studio in the City; said she did this because she supported a woman in a business that was predominately male who could serve the needs of female clients; Todd Comer - 26116 Narbonne, Lomita, spoke in favor of allowing tattoo studios into the City; said that he endorsed the art of tattooing and felt that Ms. Barba was an upstanding and very professional businesswoman; Sarah Vander - 15482 Pasadena Ave., Tustin, student, spoke in favor of allowing tattoo studios into the City; said that she had worked for Ms. Barba and could testify to the fact that she had clients worldwide as she had made appointments for people from Switzerland to Australia; John Hawkins - 135 No. P.C.H., Redondo Beach, spoke in favor of allowing tattoo studios into the City; said that Ms. Barba took a personal interest in her clients and had a high degree of professionalism in her work; Kimberly White - 744 Fairway Lanes, Anaheim Hills, works at the Eli Home for Abused Children, spoke in favor of allowing tattoo studios into the City; asked that the Council not base its decision upon stereotypes of only "undesirables" having tattoos; said the children's shelter had received a lot of help from Ms. Barba and her staff and was sure that there would be the same type of community service and interest if her shop were allowed to open in Hermosa Beach; Frank Brockly - 1132 Palm Drive, Hermosa Beach, co- owner of "Paisanos" restaurant in Hermosa Beach, spoke in favor of allowing tattoo studios into the City; said he had been impressed by Hermosa Beach's welcome for the arts and that tattooing was another art form; said that more diversity was needed not more restaurants; Rusty Stevens - 2607 Perkins, Redondo Beach, spoke in favor of allowing tattoo studios into the City; gave high praise to Ms. Barba and said that she would be an asset to the City; Jim Calhoun - 1996 Grier Street, Pomona, Attorney, spoke in favor of allowing tattoo studios into the City; said that people did not go to the tattoo studio closest to where they live, they went to the best tattoo artist they could find; and, that Ms. Barba was one of the world's best so people would come to Hermosa from around the world; Dottie Musolf - 2408 Harriman Lane, Redondo Beach, said she owns a tattoo studio and had heard many people say that they had gotten a tattoo from someone's home in Hermosa Beach; asked the Council how it enforced its prohibition of tattooing within the City (Was told that a complaint had to be made); Robert Musolf - 2408 Harriman Lane, Redondo Beach, spoke in favor of allowing tattoo studios into the City; owns a tattoo studio; said that tattooing is a legitimate business and will bring money into the town; Paul Cassiopo - 125 Herondo, Hermosa Beach, owns a tattoo studio, said that he had appeared before the Council previously to ask to be allowed to open a studio in Hermosa Beach and was refused at that time; said that he, too, would like to open a studio in Hermosa Beach; Bill Evans - 682 Fourth Street, Hermosa Beach, spoke in favor of allowing tattoo studios into the City; said that the Council should judge people as individuals and that tattooing was a legitimate business; Chet Brand - 1231 First Street, Hermosa Beach, spoke in opposition to allowing tattoo studios into the City; said that he agreed with Shirley Cassell and did not want a tattoo studio in Hermosa Beach; Dave Nagi - 1826 Hollyoak Drive, Monterey Park, spoke in favor of allowing tattoo studios into the City; said that Ms. Barba was very concerned that the client really wants a tattoo and that they receive what they want; said that it took three times to get the drawing that he wanted exactly right; Emilio (last name indistinct) - 204 39th Street, Manhattan Beach, spoke in favor of allowing tattoo studios into the City; said that if the City allowed one they would have 30 applicants requesting a studio; said it was not fair to let Ms. Barba come into the City as he had made a prior request; Keri Barba - applicant, Redondo Beach, said that she had walked the City to gather signatures on her petition to allow tattooing into the City; said that some people were negative but that the majority had been positive; showed petitions with 1,200 signatures in favor; showed petitions from 30 businesses in favor; showed photos of her present shop and design work for her proposed shop in Hermosa Beach; asked if the mural on the Edison plant would be less art if it were on skin; said that no State or County license was required but that all tattoo studios were regulated by the County Health Department; John Hales - Eighth Place, Hermosa Beach, spoke in opposition to allowing tattoo studios into the City; said that Ms. Barba might be a fine artist and an upstanding business woman, but the City was adding a class to the zoning ordinance and would not be able to discriminate once that determination had been allowed; questioned if the next 20 applicants would have the same high standards; said it was not a needed business; and, John Burt - 1152 Seventh Street, Hermosa Beach, spoke in opposition to allowing tattoo studios into the City. Public participation closed at 9:32 P.M. Proposed Action: To initiate the process to add tattooing as a permitted use. Motion Benz, second Bowler. The motion failed due to the dissenting votes of Edgerton, Reviczky and Mayor Oakes. There was no further action. The meeting recessed at 9:50 P.M. The meeting reconvened at 10:12 P.M. and went to item 6. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.SET SPECIAL MEETING DATE OF SEPTEMBER 19, 1996, FOR DOWNTOWN PLAN APPROVAL. Memorandum from City Manager Stephen Burrell dated August 5, 1996. City Manager Burrell responded to Council questions. Action: Mayor Oakes directed, with the consensus of the Council, to set the date of Wednesday, September 18, 1996, at the hour of 7:00 P.M., for a Special Meeting for the Downtown Plan approval. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, said that the Prospect Avenue project would increase traffic and that he did not want townhouses in that area; and said that the City should have mutual aid so that a third fire engine would not be needed; and, Shirley Cassell - Hermosa Beach, thanked the Council majority for not allowing tattooing into the City; and, questioned how the outcome of litigation and other items discussed in closed session was announced to the public. ADJOURNMENT IN MEMORY OF PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSIONER DANI PEIRCE. The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Dani Peirce on Tuesday, August 13, 1996, at the hour of 11:15 P.M. to the Regular Meeting of Tuesday, September 10, 1996, at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 10, 1996 *** MINUTES ARE MISSING FROM THIS DATABASE *** for this meeting. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 24, 1996, at the hour of 7:13 P.M. PLEDGE OF ALLEGIANCE - John Hales, resident ROLL CALL: Present: Benz, Bowler, Reviczky, Mayor Oakes Absent: Edgerton PROCLAMATIONS: LAWSUIT ABUSE AWARENESS WEEK SEPTEMBER 23 - 27, 1996 Mayor Oakes read the proclamation, proclaimed the period from September 23 - 27, 1996, as LAWSUIT ABUSE AWARENESS WEEK and urged citizens to learn of the cost and abuses of frivolous lawsuits. CALIFORNIA RIDESHARE WEEK OCTOBER 7 - 11, 1996 Mayor Oakes read the proclamation, proclaimed the period from OCTOBER 7 - 11, 1996, as CALIFORNIA RIDESHARE WEEK and urged citizens to rideshare, not only this week, but to endeavor to rideshare throughout the year. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Roger Bacon - 1100 Pacific Coast Highway, expressed concerns regarding banner regulations; said that they are too restrictive and asked the Council to direct that enforcement not be continued until the policy could be reviewed; Tom Ennis - Hermosa Car Wash, said that his business had been closed for nine months for renovation and that people did not know that he was now open; said that he needed banners to draw attention to this fact; and, Eddie Talbot - E.T. Surfboards, said he agreed with the previous speakers. Action: Mayor Oakes directed, with the consensus of the Council, that staff return with a report on proposed changes to the banner regulations for the Regular Meeting of October 8, 1996, noting the absence of Edgerton and the abstention of Bowler. Continuing to come forward to address the Council at this time were: Betty Ryan - President, Hermosa Woman's Club, introduced Debbie Reiger, First Vice-President, and announced the Woman's Club annual "Pancake Breakfast" to be held on the last Sunday in October, October 27, 1996, from 9:00 A.M. until 12:00 noon at the Clark Building, 861 Valley Drive, with prices of 5.00 for adults and 3.00 for children; presented invitations to the Council to attend and if possible "serve the citizens of Hermosa"; said the door prize was a yacht trip of the harbor for twenty people donated by the owner of "Body Glove"; and, that last year the Woman's Club had donated over 26,000 to local charities; Elyse Grace - Beach Cities Health District, announced a free educational clinic and confidential screening for depression on Thursday, October 10, 1996, from 3:00 P.M. until 7:00 P.M. at the South Bay Medical Center; Rick Hankus - President-elect of the Hermosa Beach Chamber of Commerce, presented a check in the amount of 8,600 to Mayor Oakes for the City and said that this check represented the amount collected by the Chamber from vendors without Hermosa Beach business licenses at the Labor Day Fiesta; said he hoped this would be used for the enhancement of activities in the downtown area; Bruce Selin - 1644 Hermosa Avenue, asked if any member of the Council had reviewed the material that he had submitted at the last meeting; said that Councilmember Edgerton had said that maybe the question of allowing tattooing as a permitted use in Hermosa Beach should be a ballot measure for the people to decide; asked if the Council would place the question of permitted use on the ballot, and if not, he would he would be interested in an initiative petition to place the question on a special election; Shirley Cassell - Hermosa Beach, questioned when the Planning Commission meeting on the proposed hotel would take place (City Manager Stephen Burrell said that there was a special meeting on the draft E.I.R. tomorrow night, Wednesday, September 25, 1996, at 7:00 P.M. to be held here in the Council Chambers); spoke against the hotel, said that it would be over 30 feet in height; said that a lot of people did not know that the subject of allowing tattoo parlors into Hermosa Beach was on the agenda a few meetings ago or there would have been many more to speak against it; said most of the people in favor of allowing tattoo parlors did not live in the City and suggested that they have tattooing in their own communities; said Hermosa residents wanted to build the City up, not tear it down; and, John Burt - 1152 Seventh Street, said that he does not want tattoo parlors in Hermosa Beach; spoke in favor of the proposed hotel on the Strand, said that the City needed the revenue. (b) WRITTEN COMMUNICATION 1)Letter from Al Valdes dated September 16, 1996 requesting City Council approval of the "El Camino Real" Mission Bell Project. Coming forward to address the council on this item were: Al Valdes - 2840 Amby Place, explained that the money to purchase the "Mission Bell" was a surplus from the sale of Bi-Centennial coins during that celebration and that they wished to use the money to bring back a piece of history to Hermosa Beach; introduced Mr. Hales as the designer of both the bi-centennial coin and the City Seal; and, John Hales - 624 Eighth Place, gave a history of the mission bells; said they had been placed near hundreds of intersections along route 101, also known as Pacific Coast Highway and El Camino Real among other names, by the Auto Club and that Hermosa had had such a bell on the southwest corner of P.C.H. and Pier Avenue until the late 1950s when the road had been widened and the bell had disappeared; said that through research he had located one of the original men who had cast the bells and that we could obtain a true replica. Action: To approve the staff recommendation to approve the request and direct staff to assist in any manner possible. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 2)Letter from Jim Lissner dated September 10, 1996 regarding placement of signs directing traffic to satellite parking for the Fiesta De Las Artes. Action: To receive and file the letter and refer it to the Chamber of Commerce. Motion Benz, second Bowler. The motion carried, noting the absence of Edgerton. (c) COUNCIL COMMENTS: Mayor Oakes announced: 1)The death of Sheila Donahue Miller on September 17, 1996, a lifelong resident of Hermosa Beach who had been very active in the community; 2)The Sunday, September 29, 1996, auction for "Friends of Our Sister City" at 1800 The Strand, home of Chuck and Missy Sheldon, from 2:00 - 5:00 P.M.; 3)The "Walktoberfest" to be held on Sunday, October 6, 1996, starting at Veterans Park in Redondo Beach to Benefit the American Diabetes Association; 4)Concerns regarding the number of outside activities scheduled for the City's parks, particularly Valley Park, that prevented residents from using these facilities and asked staff to review the current policy; and, 5)Thanked everyone who had attended the September 18, 1996, meeting on the Downtown revitalization. 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: (e) Benz. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Edgerton.. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 2)Minutes of the Regular Meeting held on September 10, 1996; and, 1)Minutes of the Adjourned Regular Meeting held on September 12, 1996. Action: To approve the minutes of the Regular Meeting of September 10, 1996 and the Adjourned Regular Meeting of September 12, 1996 as presented. (Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 7992 THROUGH 8129 INCLUSIVE. Action: To ratify the check register as presented. (Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE AUGUST 1996 FINANCIAL REPORTS. Action: To receive and file the memorandum regarding the August, 1996, Financial Reports being delayed due to the preparations for the 1995-96 audit. (Edgerton absent) (e) RECOMMENDATION TO CONTINUE TO RETAIN JOHN L. HUNTER AND ASSOCIATES, INC. TO PERFORM TASK AND ADMINISTER THE CITY'S MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGE PROGRAMS. Memorandum from Public Works Director Amy Amirani dated September 3, 1996. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting in order to question if this could be done with City staff. Public Works Director Amirani responded to Council questions. Action: To approve the staff recommendation to authorize the continued retention of John L. Hunter and Associates, Inc. to perform certain tasks required by the new NPDES permit and to administer the City's Municipal Storm Water and Urban Runoff Discharge Programs. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Edgerton. (f) RECOMMENDATION TO APPROVE THE REQUEST FROM V.O.I.C.E. (VOLUNTEERS AND ORGANIZATIONS IMPROVING THE COMMUNITIES ENVIRONMENT) FOR A "GREEN HOLIDAY FEST" TO BE HELD ON THE COMMUNITY CENTER LAW ON SATURDAY, DECEMBER 7, 1996 SUBJECT TO THE CONDITIONS. Memorandum from Community Resources Director Mary Rooney dated September 16, 1996. Action: To approve the Downtown Business Area Enhancement District Commission and staff recommendation to approve the request from Volunteers and Organizations Improving the Communities Environment (V.O.I.C.E.) for a "Green Holiday Fest" to be held on the community Center lawn on Saturday, December 7, 1996, subject to certain conditions which include indemnification of the City and provision of a 2,000,000 liability insurance policy; provision of trash receptacles and cleaning the event area afterward; and, payment of certain fees. (Edgerton absent) (g) RECOMMENDATION TO AUTHORIZE MAYOR TO EXECUTE THE RESIDENTIAL WASTE INDEMNIFICATION AGREEMENT, PUENTE HILLS LANDFILL ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated September 9, 1996. Action: To approve the staff recommendation to authorize the Mayor to execute the contract for the Residential Waste Indemnification Agreement, Puente Hills Landfill on behalf of the City with the Los Angeles County Sanitation District No. 2. (Edgerton absent) (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 9/17/96. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of September 17, 1996. (Edgerton absent) (i) RECOMMENDATION TO APPROVE AWARD OF BID OF THE CONSTRUCTION MANAGEMENT CONTRACT FOR LOWER PIER AVENUE TO ASL CONSULTING ENGINEERS IN THE AMOUNT OF 89,472. Memorandum from Public Works Director Amy Amirani dated September 17, 1996. Action: To approve the staff recommendation to: 1)approve the award of the construction management contract for Lower Pier Avenue to ASL Consulting Engineers in the amount of 89,472; 2)prescribe that the Director of Public Works reject all other proposals; 3)authorize the Director of Public Works to make minor changes as necessary within fifteen percent (15%) of the contract cost; and, 4)appropriate 102,900 in Downtown Business Area Enhancement District funds to the Lower Pier Avenue Project for construction management services. (Edgerton absent) (j) RECOMMENDATION TO USE STATE FUNDING UNDER THE CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FOR LOCAL POLICE CRIME PREVENTION PROGRAMS; APPROVE EXPENDITURE REQUEST LIST FROM CHIEF OF POLICE AND APPROPRIATE 43,000 IN COPS FUNDS; ESTABLISH A SEPARATE SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND (SLESF) THROUGH FINANCE; AND, SET OCTOBER 8, 1996 AS A PUBLIC HEARING BEFORE FINAL IMPLEMENTATION. Memorandum from Police Chief Val Straser dated September 16, 1996. Action: To approve the staff recommendation to: 1)use state funding under the Citizen's Option for Public Safety (COPS) Program for local crime prevention programs; 2)approve the expenditure request list from the Chief of Police and appropriate 43,000 in COPS funds; 3)establish a separate supplemental law enforcement service fund (SLESF) through the Finance Department; and, 4)notice a public hearing for the October 8, 1996, meeting before final implementation. (Edgerton absent) (k) RECOMMENDATION TO DIRECT STAFF TO STUDY PARKING PROBLEMS IN THE 21ST STREET & BORDEN STREET RESIDENTIAL NEIGHBORHOOD IN CONNECTION WITH ADJACENT COMMERCIAL DEVELOPMENTS. Memorandum from Community Development Director Sol Blumenfeld dated September 16, 1996. Action: To approve the staff recommendation to: 1)proceed to survey the daytime parking in the area from the east side of Pacific Coast Highway to the east side of Hillcrest Drive and from the north side of 18th Street to the north end of Borden Avenue and Rhodes Street to determine the extent of the problem in this residential neighborhood; and, 2)provide daytime parking restrictions, if required, based upon the area study. (Edgerton absent) At 7:56 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. 2.CONSENT ORDINANCES - None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. The meeting recessed at 8:35 P.M. The meeting reconvened at 8:53 P.M. and resumed the order of the agenda at item 7. 4.PARKING REGULATIONS, RESIDENTIAL PARKING PROGRAM, METERS ON UPPER PIER AVENUE, HOURS OF ENFORCEMENT. (Continued from meetings of July 9, 1996 and August 13, 1996.) Memorandum from City Manager Stephen Burrell dated August 22, 1996. Supplemental letter from Ron Felsing, 247 27th Street, received September 23, 1996, and supplemental resolution for adoption. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 7:59 P.M. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, said that she feels that people who live elsewhere in the City should be allowed to purchase parking permits if they wish; but, she said that people who come into the City from other areas should pay and park in the public lots; Mark Leuger - Van Horne, said he wrote the letter urging the City to allow all residents to purchase parking permits; said that he did not feel it was right to create different classes of citizens within the community; Don Falkenstien - Palm Drive, said the City had to protect the residents who live in the impacted areas; said the area for a three block radius around the downtown should be parking for residents only; said the current parking policy caused visitors to park in residential areas because it was so much less expensive; said it cost 2.50 per hour to park in the City lots, .50 per hour to park at the meters and there was no charge to park on Manhattan Avenue; and, Scott Witherspoon - 414 Second Street, felt that residents who do not live in the impacted zones should not be allowed to purchase parking permits; said that parking maximum should be longer than two hours in the downtown area, especially at night. The public hearing closed at 8:08 P.M. Action: To approve the staff recommendation to: 1)adopt Resolution No. 96-5832, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR APPROVAL WITH THE CALIFORNIA COASTAL COMMISSION REGARDING CHANGES TO PARKING REGULATIONS."; and, 2)approve the following changes: a)enforcement hours from 10:00 A.M. to 10:00 P.M., seven days a week, year-round in the Residential Permit Area; b)eliminate the prohibition for parking without a permit from 2:00 A.M. to 6:00 A.M.; c)enforcement hours from 10:00 A.M. to 12:00 midnight, seven days a week, year-round in the yellow meter zones; d)enforcement hours from 10:00 A.M. to 12:00 midnight, seven days a week, year-round in the silver meter zones with a maximum stay of two hours; and, e)add silver meters on Pier Avenue from Manhattan Avenue to Valley Drive that would conform to the silver meter enforcement hours with a maximum stay of two hours. Motion Reviczky, second Bowler. The motion carried, noting the dissenting vote of Benz and the absence of Edgerton. Mayor Oakes directed, with the consensus of the Council, that staff explore the possibility of making parking permits available to all residents. After discussion of tickets being given while vehicles were being unloaded and parallel parking spaces marked too small for larger vehicles on Monterey Boulevard, Mayor Oakes directed, with the consensus of the Council, that staff provide a pamphlet on "How to Park in Hermosa" that would be available in the Finance/ Cashiers Office and various other places. 5.LOWER PIER AVENUE ASSESSMENT DISTRICT. Memorandum from City Manager Stephen Burrell dated September 19, 1996. City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:20 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:20 P.M. Action: To approve the staff recommendation to accept the public testimony and continue the public hearing to the Regular Meeting of October 22, 1996. Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. 6.TEXT AMENDMENT REGARDING HEIGHT/GRADE DEFINITION. Memorandum from Community Development Director Sol Blumenfeld dated September 16, 1996. Supplemental ordinance for introduction and waiver of full reading. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:22 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 8:22 P.M. Action: To approve the staff recommendation to introduce and waive full reading of Ordinance No. 96-1163, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.04.040, MODIFYING THE DEFINITION AND METHOD FOR DETERMINING BUILDING HEIGHT AND GRADE." Motion Reviczky, second Bowler. AYES:Benz, Bowler, Reviczky, Mayor Oakes NOES:None ABSENT: Edgerton At the hour of 8:24 P.M. the order of the agenda was returned to item 3 to hear item 1(e). MUNICIPAL MATTERS 7.ARTS HERMOSA/FirstNIGHT EVENT APPROVAL AND WAIVERS. Memorandum from Community Resources Director Mary Rooney dated September 16, 1996. Supplemental information received September 24, 1996. Community Resources Director Rooney presented the staff report, responded to Council questions and said that the waiver of the banner fee and the reduction of public safety personnel costs to only the amount for actual hours (without overhead costs) for the personnel over those needed for a normal New Year's Eve would be included in the contract. Public participation opened at 8:54 P.M. Coming Forward to address the Council on this item were: Bill Dougherty - President of Arts Hermosa, thanked the Council for past support; explained the difficulty for an Arts organization to enroll corporate sponsorship when there were no large corporations within the community; said that in these economic times charitable donations went primarily to organizations providing health and shelter relief; asked that the Council waive all fees for the event including City staff time; and responded to Council questions; Shirley Cassell - Hermosa Beach, spoke in opposition to funding ARTS HERMOSA/firstNIGHT event; said that they were not asking for 5,000 but closer to 20,000 and it was foolish for the Council to spend this money as there would only be more organizations standing in line for taxpayer money; John Burt - 1152 Seventh Street, spoke in favor of firstNight; said this was a great event for Hermosa; Dean Nota - Chairperson, Downtown Business Area Enhancement District Commission, expressed unqualified support for the firstNIGHT event; said it received support not only from residents but also from businesses; said many downtown owners said they did exceptional business during the event; questioned why the Council did not utilize the event fee from the Fiesta to pay for this; Jerry Newton - Chamber of Commerce President, said that when the Chamber had agreed to a five year contract and payment of event fees for the Fiestas, they felt that this money would go to subsidize this type of event; said that the Chamber had paid 17,000 in event fees this year. Public participation closed at 9:29 P.M. City Manager Burrell responded to Council questions and said that it was not necessary for Council to trace the accounting procedure for the special event fees if the Council wished to approve the funding requests. Action: To approve the staff recommendation to: 1)Approve the street closure request from Arts Hermosa for December 31, 1996 - January 1, 1997, subject to conditions in contract; 2)Approve the funding request for 5,000; 3)Approve an 1,800 allocation from Proposition A Funds to be used for event shuttle bus services; 4)Approve the fee waiver requests and reductions as indicated in analysis; and, 5)to include the waiver of the banner fee and the reduction of public safety personnel costs to only the amount for actual hours (without overhead costs) for the personnel over those needed for a normal New Year's Eve. Motion Reviczky, second Benz. The motion carried, noting the absence of Edgerton Mayor Oakes directed, with the consensus of the Council, that event fees be a separate item in the next fiscal year budget. 8.REQUESTS FOR CONTRIBUTIONS FOR FirstNIGHT 1997 AND THE PROPOSED HERMOSA BEACH FILM FESTIVAL. Memorandum from Dean Nota, Chairman, Downtown Business Area Enhancement District Commission and Community Development Director Sol Blumenfeld dated September 16, 1996. Supplemental information provided September 24, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 9:38 P.M. Robert Aronoff - 124 Strand, Parks, Recreation and Community Resources Advisory Commission, responded to Council questions; said the Film Festival Committee knew of the renovation schedule for the downtown area and did not see a problem; said the downtown area and the entire City would benefit from the activities during the Film Festival; said the committee had worked hard determining costs and possible venues and hoped to have a surplus at the end of the Festival. Public participation closed at 9:59 P.M. Action: To approve the staff recommendation to: 1)contribute 5,000 as seed money for the proposed Film Festival to be held in April, 1997; and, 2)to add the condition that the 5,000 be returned to the City if the Festival shows a profit. Motion Benz, second Bowler. The motion carried, noting the absence of Edgerton. 9.CLARK FIELD MASTER PLAN: PARKING AND ENTRYWAY. Memorandum from Public Works Director Amy Amirani dated September 18, 1996. Public Works Director Amirani presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct staff to proceed with the restriping of the parking lot at Clark Field and create a new exit on Eleventh Street . Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton. Final Action: To approve the removal of at least two planters across Valley Drive in the Greenbelt. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Reviczky and the absence of Edgerton. 10. 321 PIER AVENUE - APPEAL OF UNREINFORCED MASONRY BUILDING DESIGNATION PURSUANT TO CITY ORDINANCE - SEISMIC STRENGTHENING OF BUILDINGS HAVING UNREINFORCED MASONRY BEARING WALLS. Memorandum from Community Development Director Sol Blumenfeld dated September 18, 1996. This item was removed from the agenda prior to the meeting and continued to a future meeting. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.ORAL REPORT CONCERNING COOPERATIVE AGREEMENT WITH LOS ANGELES COUNTY FOR CONSTRUCTION OF A PARKING STRUCTURE. City Manager Burrell presented the oral report and said that he believed that the proposal had been accepted. Action: There was no action taken. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated September 17, 1996. City Manager Burrell presented the oral report and responded to Council questions. Action: To appoint Councilmember Benz as the voting delegate and Councilmember Edgerton as the alternate for the League of California Cities Annual Business Meeting on Tuesday, October 15, 1996. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. 13. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Scott Witherspoon - 414 Second Street, said that he thought a "How to Park in Hermosa Beach" pamphlet was a good idea and asked if it could be included in the Community Resources quarterly activity mailer; said the film festival was a great idea; and, asked that more detail be included in the COPS funding request list for the future meeting; and, John Burt - 1152 Seventh Street, said that he was against the COPS request. Mayor Oakes directed, with the consensus of the Council, that staff include the proposed parking pamphlet in the City mailer. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 2.CONFERENCE WITH LEGAL COUNSEL: a)pursuant to Government Code Section 54956.9(b)(3)(E), Anticipated Litigation: A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 24, 1996, at the hour of 10:15 P.M. to a closed session. The closed session convened at the hour of 10:20 P.M. At the hour of 11:00 P.M. the closed session adjourned to the Regular Meeting ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 24, 1996 at the hour of 11:01 P.M. to the Regular Meeting of Tuesday, November 12, 1996 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 8, 1996, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Executive Secretary Robin Bennett ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Oakes Absent: Benz (arrived at 7:22 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes announced the free household hazardous waste roundup which is scheduled for Saturday, October 26, 1996, from 9 A.M. to 3 P.M. at Hughes Electro-Dynamics, 3100 W. Lomita Boulevard, Torrance. PROCLAMATIONS: HEALTHY CHOICE AMERICAN HEART WALK OCTOBER 19, 1996 Mayor Oakes proclaimed October 19, 1996 as Healthy Choice American Heart Walk Day in Hermosa Beach and encouraged everyone to attend and participate in the 3.5-mile walk that begins at the main parking lot of Little Company of Mary Hospital on Saturday, October 19, 1996 from 8 A.M. to 11 A.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Gloria Anderson - Hermosa Beach, said she was a committee member for the upcoming Concours dElegance event which will benefit Project Touch; said the classic car event will take place Sunday, October 20, 1996 from 10 A.M. to 4 P.M. at Clark Field, with historic race cars from Vasek Polak and displays from the Peterson Museum and others; Steve (last name indistinct) - 339 Pacific Coast Highway, karate champion and instructor, said he would like to use one of four unused classrooms at South Park to open a karate class for children but he was told by City staff that the buildings are uninhabitable (he was directed to discuss the matter with Community Resources Director Mary Rooney, who noted that there are also restrictions applicable to use of the rooms); and Jim Lissner - Hermosa Beach, referred to a televised Manhattan Beach Parks and Recreation meeting on paid beach events; asked about the City of Hermosa Beach doing an environmental review on the impacts of all beach events. (b) WRITTEN COMMUNICATIONS - None (c) COUNCIL COMMENTS: - None (Councilmember Benz arrived at 7:22 P.M.) 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) Benz. Motion Bowler, second Reviczky. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Adjourned Regular Meeting held on September 18, 1996; and, 2)Minutes of the Regular Meeting held on September 24, 1996. Action: To approve the minutes of the Adjourned Regular Meeting of September 18, 1996 and the Regular Meeting of September 24, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 8130 THROUGH 8286, NOTING VOIDED CHECK NOS. 8154, 8196, AND 8203, AND, NOTING THE CANCELLATION OF CHECK NOS. 7371, 7993, 7994 AND 7995 AS REQUESTED BY THE CITY TREASURER. This item was removed from the Consent Calendar by Councilmember Benz for separate discussion later in the meeting Personnel Director Robert Blackwood and Public Works Director Amy Amirani responded to Council questions. Action: To ratify the check register as presented. Motion Benz, second Mayor Oakes. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO AWARD A CONTRACT IN THE AMOUNT OF 5,275.00 TO WEST ROOFING FOR ROOFING REPAIRS AND TO MAKE MINOR ADJUSTMENTS WITHIN THE APPROVED BUDGET. Memorandum from Public Works Director Amy Amirani dated September 24, 1996. Action: To approve the staff recommendation to: 1)authorize the Director of Public Works to award a contract to West Roofing of Torrance for roofing repairs in the amount of 5,275 for repairs to the following five buildings: a)Community Center - North Wing; b)Community Center - Garage; c)4th and Ardmore Bicentennial Park Building; d)City Yard - Mechanics Shop; and, e)City Yard - Animal Control Shed, and, 2)approve an amount up to 1,055, which is a twenty percent (20%) contingency, for the replacement of damaged lumber at 1.50 per lineal foot, as the true quantity will not be known until the roofs are uncovered. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR.Memorandum from Personnel Director Robert Blackwood dated September 24, 1996. Action: To approve the staff recommendation to deny the following claims and refer to the Citys Liability Claims Administrator : 1)Claimant: Miller, Holly Date of Loss:4/27/96 Date Filed: 9/24/96 Allegation :Alleges City failed to adequately have in place traffic controls regulating traffic along Olympic torch route and as a result was struck by vehicle while attempting to cross street; and, 2)Claimant: Stern, Jillian Date of Loss:3/31/96 Date Filed: 9/30/96 Allegation :Alleges dangerous condition of Strand and negligence of City employees created condition whereby claimant, while roller blading, suffered injuries when struck by bicyclist. (f) RECOMMENDATION TO APPROPRIATE 3,869.00 FROM THE FIRE FLOW FUND FOR THE PURCHASE OF TEN BREATHING APPARATUS BOTTLES. Memorandum from Fire Chief Pete Bonano dated September 30, 1996. Action: To approve the staff recommendation to approve the appropriation of 3,869 from the Fire Flow Fund for the replacement purchase of ten (10) breathing apparatus bottles, used by fire fighters to enter into a hazardous environment, which will reach expiration date at the end of this month (October, 1996.) (g) RECOMMENDATION TO AWARD CONTRACT TO EMPIRE PIPE CLEANING AND EQUIPMENT, INC. FOR AN AMOUNT OF 234,570 FOR THREE YEARS OF SANITARY SEWER SYSTEM MAINTENANCE AND VIDEO INSPECTION AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES WITHIN THE BUDGET. Memorandum from Public Works Director Amy Amirani dated October 2, 1996. Action: To approve the staff recommendation to: 1)award the contract to Empire Pipe Cleaning and Equipment, Inc. for a total amount of 234,570 for three years of sanitary sewer system maintenance and video inspection as follows: a)year 1 82,670; b)year 2 74,500; c)year 3 77,400; d)total 234,570; and, 2)authorize the Director of Public Works to make contingency changes up to an amount of 16,534, which is twenty percent (20%) of the budgeted amount of 99,204. 2.CONSENT ORDINANCES (a) ORDINANCE NO. 96-1163 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.04.040, MODIFYING THE DEFINITION AND METHOD FOR DETERMINING BUILDING HEIGHT AND GRADE." For adoption. Memorandum from City Clerk Elaine Doerfling dated October 3, 1996. Action: To adopt Ordinance No. 96-1163. Motion Reviczky, second Bowler. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 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 7:27 P.M., because it was not yet 7:30 P.M. (the scheduled and advertised time for public hearings), the order of the agenda was suspended to go to Municipal Matter item 8.) PUBLIC HEARINGS: 4.CITY COUNCIL REVIEW OF THE PLANNING COMMISSION APPROVAL, WITH MODIFICATIONS, OF A PRECISE DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A NEW 6,000 SQUARE FOOT COMMERCIAL BUILDING WITH AUTO REPAIR AND OFFICE USES AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 807 - 21ST STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 1, 1996. Supplemental letter from George and Roxanne Hash received October 7, 1996. Supplemental letter from James and Ursel Coge, 1835 Rhodes Street, received October 8, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:44 P.M. Coming forward to address the Council on this item were: David Moss - Moss and Associates, 613 Wilshire Blvd., Suite 105, Santa Monica, representing the applicant, provided a detailed overview; said there had been a considerable amount of interaction with the neighbors and there have been design changes; said the parking requirements are conservative and adequate; Dean Nota - Hermosa Beach resident and architect for the project, said the project was first submitted in May as a 6,000 square-foot building, then was resubmitted in August with changes; referred to the rendering on display and said the building height was below 35 feet; said the site is small for a commercial lot and has an unusual grade which affects access, noting that restricted access is also due to the location of a bus stop on Pacific Coast Highway; reviewed the building design, parking, landscaping and floor area ratio; said the facade of the building was stepped to minimize bulk; described the storage area location; said the owner and four employees would be on site and there were a total of 22 parking spaces, 13 on the bottom floor and nine on top; Ruth Money - 904 21st Street, expressed concern about the safety of children walking to school past the proposed project at the same time people would be dropping their cars off for repair; said the restaurant that previously occupied the site operated in the evening, not during school hours; said the children cross Pacific Coast Highway at 21st Street because of the traffic signal; suggested construction of sidewalks on the south side of 21st Street to ameliorate the problem; Christine Purcell - 912 24th Street, discussed the proximity of the site to schools, a church and residential property; stressed the importance of health, safety, property value and quality of life issues; said the site is at a dangerous location due to the volume of traffic and to visibility problems because of the hill and the parked cars on the street; expressed concern about the smell of fumes, citing air quality as a primary concern; Nancy Cristillo - 826 21st Street, expressed traffic and parking concerns, particularly when counting deliveries, test drives and other cars dropping people off to pick up their cars; said the driveway could be on Pacific Coast Highway if the bus stop were relocated; concerned about cars being towed to or dropped off at the site after hours; Neal Feigelman - 918 21st Street, said his biggest concern as for the safety of the children; also questioned how cars would make the left turn from 21st Street into the driveway of the business due to its close proximity to the Pacific Coast Highway intersection and the volume of traffic that uses 21st Street because of the traffic signal; Jim Lissner - El Oeste Drive, spoke of problems in his neighborhood due to "Buggy Builders," cited noise from P.A. system, phones and machines, said customer cars were parked on residential streets; suggested that specific language be put in the CUP that there be no alarm bells or amplified sound, that all estimates produced and work done be indoors with the doors closed, that there be no signs visible to neighbors, no security dogs, and no drop-offs before 8 A.M. Elona Dietz - 909 21st Street, spoke of the large number of young children using 21st Street as a school route; said there were also many assemblies and field trips that took the children up and down 21st Street; said a left turn into the project would be very difficult due to the line of cars always waiting at the traffic signal; Lloyd Money - 904 21st Street, said that the exhaust fumes from the auto repair would be blown into the residential neighborhood by the prevailing westerly winds; said his auto repair was by appointment only and there was always a line of cars waiting to enter; and said it was very difficult to see oncoming traffic when exiting from Rhodes; Michael Cristillo - 826 21st Street, questioned how repair by appointment only could be enforced; Rick Learned - 1727 Monterey Blvd., spoke in support of the project; said this was the type of up- scale business that Hermosa Beach needed and urged the Council to approve the project; Rod Oshita - 21st Street, said that using a 1990 traffic count was not accurate as there was much more traffic now; said once this project was approved, the neighborhood would be stuck with it; Gene Ferguson - 2026 Hillcrest, asked if the Councilmembers would want this project in their neighborhoods; Matt Tawney - 924 21st Street, expressed concern with the impact of the construction on the residential area; Ken Dote - Rhodes, said there were existing parking problems from the commercial building to the east of the project as many of the employees park on the residential streets; Ellen Birenbaum - 832 21st Street, had parking and traffic concerns; expressed concern with cars turning left into the business driveway; asked for clarification on the accident record; and, Jim Deutsch - 707 30th Street, questioned what would buffer this project from the residential neighborhood (Mayor Oakes said the site does not abut residential property, that there is existing commercial usage to the north and east and there are streets to the south and west). The public hearing closed at 9:10 P.M. Action: To direct staff to return with a resolution for Council adoption sustaining the Planning Commissions approval of the requested Precise Development Plan and Conditional Use Permit subject to the conditions as contained in Planning Commission Resolution No. 96-28. Motion Bowler, second Benz. City Attorney Mike Jenkins advised the Council that it merely required a majority approval by Councilmembers to amend a motion rather than the approval of the maker and second of the subject motion. Amendment to Main Motion: An amendment proposed by Community Development Director Blumenfeld to amend the conditions to require that all auto repair shall be conducted in the five service bays inside the building was approved by a Council majority (Benz, Bowler, Reviczky) and the main motion was amended accordingly. Further Amendments to Main Motion: Amendments proposed by Mayor Oakes, to 1) require a "keep-clear" zone in front of the driveway areas; 2) require stop signs at the ramp exits; and 3) restate in the conditions that no public right-of-way or sidewalk area shall be blocked by traffic at any time, were approved by a Council majority (Bowler, Reviczky, Mayor Oakes) and the main motion was amended accordingly. Vote on Main Motion: The main motion, as amended above, carried, with Edgerton dissenting. Further Action: To direct staff to report back to Council with recommendations concerning the construction of sidewalks on the south side of 21st Street between Pacific Coast Highway and Prospect Avenue. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. Final Action: To direct staff to return with a text amendment to the Zoning Ordinance establishing parking requirements for auto repair and service stations and to deal with the issue of required parking in service bays. Motion Bowler, second Mayor Oakes. The motion carried, with Benz dissenting. The meeting recessed at 10:30 P.M. The meeting reconvened at 10:50 P.M. 5.ADOPTION OF THE CITY CODE - RECODIFIED VERSION, WHICH RE- FORMATS AND RE-NUMBERS THE EXISTING CODE BUT MAKES NO CHANGES TO ITS SUBSTANCE. Memorandum from City Clerk Elaine Doerfling dated October 3, 1996. City Clerk Doerfling presented the staff report. The public hearing opened at 10:51 P.M. As no one came forward to address the Council on this item the public hearing closed at 10:51 P.M. Action: To adopt Ordinance No. 96-1162. Motion Bowler, second Benz. AYES:Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES:None 6.APPROVAL OF EXPENDITURE REQUEST LIST FROM CHIEF OF POLICE, APPROPRIATE 43,000 OF STATE FUNDING UNDER THE CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FOR LOCAL POLICE CRIME PREVENTION, AND ESTABLISH A SEPARATE SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND (SLESF). Memorandum from Police Chief Val Straser dated October 1, 1996. Police Chief Straser presented the staff report and responded to Council questions. The public hearing opened at 11:01 P.M. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, opposed the appropriation of 43,000 of State funding to the Police Department; said the City should use its own money, not State money; and Jim Lissner - Hermosa Beach, said the money can be used for police salaries, suggested that the funds go for an officer to start up a community watch program in town again. The public hearing closed at 11:05 P.M. Action: To approve the staff recommendation to: 1)use state funding under the Citizen's Option for Public Safety (COPS) Program for local crime prevention programs; 2)approve the expenditure request list from the Chief of Police and appropriate 43,000 in COPS funds; and, 3)establish a separate supplemental law enforcement service fund (SLESF) through the Finance Department. Motion Reviczky, second Edgerton. The motion carried by a unanimous vote. It was noted that Councilmember Benz would work with staff on alternatives to the DARE program as a future agenda item. 7.CONGESTION MANAGEMENT PROGRAM (CMP). Memorandum from Community Development Director Sol Blumenfeld dated September 18, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 11:07 P.M. As no one came forward to address the Council on this item, the public hearing closed at 11:07 P.M. Action: To approve the staff recommendation to adopt Resolution No. 96-5833, 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 Edgerton, second Reviczky. The motion carried by a unanimous vote. MUNICIPAL MATTERS 8.REQUEST FROM AVIATION MARKET FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" FOR ABC OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated October 1, 1996. Assistant City Manager Mary Rooney presented the staff report and responded to Council questions. Public participation opened at 7:28 P.M. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, said he wanted to remind the City Council that the clusters of crime shown on the maps are in areas where there are liquor stores. Public participation closed at 7:29 P.M. Action: To make the determination that the issuance of an off-sale beer and wine license to Aviation Market at 1139 Aviation Boulevard is for the public convenience or necessity. Motion Benz, second Bowler. The motion carried by a unanimous vote. (At the hour of 7:30 P.M., the order of the agenda was returned to the public hearings, starting with item 4.) 9.REVIEW OF TEMPORARY SIGN PERMIT PROCESS. Memorandum from Community Development Director Sol Blumenfeld dated October 1, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 11:18 P.M. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, thought 90 days was too long for banner usage within a one-year period; said there should be a fee commensurate with the expense to City involved with monitoring and enforcement; said it would be better to eliminate the banner ordinance. Public participation closed at 11:20 P.M. Action: To provide the following direction to staff pertaining to changes to the current banner sign policies and procedures: 1)increase the duration for displaying banner signs to allow 90 (not necessarily consecutive) days within a one-year period; 2)establish a minimum time period for banner displays; 3)use Parking Enforcement to cite violators; 4)require a 33 initial fee but no deposits; and 5)follow the new policies and procedures for a one- year trial period and report back to the Council at the end of the trial period. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a.SCHEDULING APPLICANT INTERVIEWS FOR UNSCHEDULED VACANCY OF UNEXPIRED TERM ON PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 3, 1996. City Clerk Doerfling presented the staff report and responded to Council questions. Action: Mayor Oakes directed, with the consensus of the City Council, to schedule the applicant interviews for Tuesday, October 22, 1996 at the hour of 6:30 P.M., and to extend the application filing deadline to Wednesday, October 16, 1996 at 6:00 P.M. b.REQUEST TO SCHEDULE SPECIAL MEETING FOR DOWNTOWN PLAN FINAL REVIEW ITEMS. Memorandum from City Manager Stephen Burrell dated October 3, 1996. City Manager Burrell responded to Council questions. Action: Mayor Oakes directed, with the consensus of the City Council, to schedule Thursday, October 17, 1996, at the hour of 7:10 P.M. for an Adjourned Regular Meeting to make decisions regarding colors for street furniture and light fixtures for the Downtown Implementation Plan. 12. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1.MINUTES: Approval of minutes of Closed Session meeting held on September 24, 1996. 2.CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation: Government Code Section 54956.9(b)(3)(E) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 8, 1996, at the hour of 11:26 P.M. to a closed session. The closed session convened at the hour of 11:30 P.M. At the hour of 11:58 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 8, 1996 at the hour of 11:59 P.M. to the Adjourned Regular Meeting of Thursday, October 17, 1996 at the hour of 7:10 P.M. for the purpose of reviewing and making final selection of colors, street furniture and light fixtures for the Downtown Implementation Plan. _______________________________ City Clerk City Council Minutes10-08-96Page 9240 ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, November 14, 1996, at the hour of 7:57 P.M. PLEDGE OF ALLEGIANCE - John Burt ROLL CALL: Present: Bowler, Reviczky, Mayor Oakes Absent: Benz, Edgerton MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes announced that tonights meeting would be adjourned in memory of longtime resident Julie Dorr Feys who passed away November 4, 1996. She said Ms. Feys, who last year was named Hermosa Beach Woman of the Year by the Chamber of Commerce, was the founder of Project Touch, a Hermosa Beach-based non-profit organization, which offers support services for at-risk teens, including general counseling, tutoring, services for pregnant and parenting teens and recreation programs, noting that the City has benefited greatly by the residency of this vital program in the community for more than 17 years. She said Ms. Feys also worked in collaboration with the YWCA, the L.A. County Office of Education, the Harbor/UCLA Medical Center, and El Camino College to develop the "OPTIONS for Young Parents" programs serving teen parents, and the "Seize the Day" programs serving teens at risk and on probation. She said a memorial service celebrating Ms. Feys life would be held at 10 a.m. Saturday, November 14, 1996 at the Hermosa Beach Community Center and that donations may be made to the Julie Feys Memorial Fund for Project Touch, 710 Pier Avenue, Hermosa Beach. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that item 1(p) be pulled from the consent calendar; suggested that the City sell the Loreto Plaza center which is public land, if there are no plans to claim it back from the owners of the plaza building, and make it privately owned land which would be on the tax rolls, noting that over the years the plaza owners have posted large signs at either end and that the land is currently being rented out by the plaza owners to the businesses of Loreto Plaza (City Manager Burrell said the owner of Loreto Plaza has an encroachment permit for the area for which the City collects a fee); Jim Lissner - Hermosa Beach, suggested that the City look into charging other downtown businesses which are also using the sidewalks for commercial purposes, such as merchandise display, since the City needs the money; and John Burt - 1152 Seventh Street, requested that item 1(f) be pulled from the consent calendar; said the Loreto Plaza businesses should have the right to use the sidewalks for displaying merchandise, especially during the holidays. (b) WRITTEN COMMUNICATIONS 1.Letter from Howard Longacre dated November 13, 1996, commenting on the following issues: his opposition to the construction of a parking garage on Lot C, his opposition to aspects of the proposed Strand hotel, and the use of L.A. Online services for placement of Council agendas. City Clerk Doerfling announced that although the agenda showed no written communications, a letter submitted as a supplemental to consent calendar item 1(p) addressed three additional subjects that were not on the agenda and, therefore, the letter should appropriately be placed in the public record as a written public communication as well as a supplemental to item 1(p). Action: To receive and file the letter. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Edgerton. (c) COUNCIL COMMENTS Councilmember Bowler questioned the Citys too-early placement of Christmas decorations so soon after Halloween, noting that it was not even Thanksgiving yet. 1.CONSENT CALENDAR Action: To approve the Consent Calendar recommendations (a) through (p), with the exception of the following item(s) which was/were removed for discussion in item 3, but is shown in order for clarity: (f) Bowler at the request of John Burt and (p) Bowler at the request of Shirley Cassell. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Edgerton. No one came forward to address the Council on items not removed from the Consent Calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1)Minutes of the Regular meeting held on October 8, 1996; 2)Minutes of the Adjourned Regular meeting held on October 17, 1996; 3)Minutes of the Adjourned Regular meeting held on October 22, 1996; and, 4)Minutes of the Regular meeting held on October 22, 1996. Action: To approve the minutes of the Regular Meeting of October 8, 1996, the Adjourned Regular Meeting of October 17, 1996, the Adjourned Regular Meeting of October 22, 1996, and the Regular Meeting of October 22, 1996. (Benz and Edgerton absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 8374 THROUGH 8610, NOTING VOIDED CHECK NO. 8431. Action: To ratify the check register as presented. (Benz and Edgerton absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz and Edgerton absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER 1996 FINANCIAL REPORTS: 1)Revenue and expenditure report; 2)City Treasurers report; and 3)Investment report. Action: To receive and file the September 1996 financial reports as presented. (Benz and Edgerton absent) (e) RECOMMENDATION TO AWARD BID TO DEL AMO MOTORSPORTS OF REDONDO BEACH IN THE AMOUNT OF 16,917.31 FOR THE PURCHASE OF TWO POLICE MOTORCYCLES. Memorandum from Police Chief Val Straser dated October 23, 1996. Action: To award the bid to Del Amo Motorsports of Redondo Beach in the total amount of 16,917.31 for the purchase of two Kawasaki police motorcycles, as recommended by staff. (Benz and Edgerton absent) (f) RECOMMENDATION TO AWARD BID TO MIGHTY MOVER TRAILERS OF CORONA IN THE AMOUNT OF 12,599.00 FOR THE PURCHASE OF A SPEED MONITORING TRAILER. Memorandum from Police Chief Val Straser dated October 23, 1996. This item was removed from the Consent Calendar by Councilmember Bowler at the request of John Burt for separate discussion later in the meeting. Coming forward to address the Council on this item was: John Burt - Hermosa Beach, spoke in support of the item and recommended sites for the placement of the trailer, citing what he considered to be dangerous locations including the downtown, five corners and the intersections of Second Street and Pacific Coast Highway, Valley Drive and Gould Avenue, as well as Prospect Avenue and Aviation Boulevard. Police Chief Straser responded to Council questions. Action: To award the bid to Mighty Mover Trailers of Corona in the amount of 12,599 for the purchase of a speed monitoring trailer for use by the Police Department, as recommended by staff. Motion Bowler, second Reviczky. The motion carried noting the absence of Benz and Edgerton. (g) RECOMMENDATION TO APPROVE REQUEST FROM THE REDONDO CHAMBER OF COMMERCE AND MARK CONTE PRODUCTIONS TO ALLOW THEM TO UTILIZE HERMOSA AVE. AT EIGHTH ST. FOR THE 6TH ANNUAL SUPER BOWL RUN ON JANUARY 26, 1997 AND TO WAIVE ALL SPECIAL EVENT FEES, FILM PERMIT AND LOCATION FEES, SUBJECT TO CONDITIONS. Memorandum from Community Resources Director Mary Rooney dated October 24, 1996. Action: To approve the request from the Redondo Beach Chamber of Commerce and Conte Productions to allow them to use Hermosa Avenue at Eighth Street for approximately 30 minutes on Sunday, January 26, 1997, for the start of a one-mile elite race, and to waive all special event fees, film permit and location fees, as recommended by staff and subject to the conditions listed below: 1)Certificate of Insurance in the amount of 2 million to be provided by event organizers naming the City as additional insured; 2)Event organizers to pay for an off-duty police officer (two-hour minimum) while the event is held within City limits; 3)Affected area residents will be notified in writing by event organizers - notification letter to be approved by Community Resources staff; 4)Event organizers shall provide City staff with a radio for communication purposes; 5)All event organizers vehicles will be identified with placards; 6)Starting gun shall be examined and operator briefed prior to race start by a Hermosa Beach Police Officer; 7)Commercial sponsors, banners and the like shall be approved by the City; and 8)Identify Hermosa Beach in any and all television credits. (Benz and Edgerton absent) (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 16, 1996. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 16, 1996. (Benz and Edgerton absent) (i) RECOMMENDATION TO RECEIVE AND FILE REPORT MAINTAINING EXISTING FINE FOR PARKING ON PRIVATE PROPERTY AND PROPER POSTING OF PRIVATE LOTS. Memorandum from Police Chief Val Straser dated November 4, 1996. Action: To receive and file the staff report from Police Chief Val Straser recommending that the existing 20 fine for parking on private property be maintained and that staff be directed to request the property owner of 846 Bard Street to post private parking violations signs in a clear and visible manner. (Benz and Edgerton absent) (j) RECOMMENDATION TO APPROVE CITY COUNCIL MEETING SCHEDULE FOR 1997. Memorandum from City Manager Stephen Burrell dated November 4, 1996. Action: To approve the staff-recommended City Council meeting schedule for 1997, with all regular meetings taking place as usual on the second and fourth Tuesday of each month except as follows: 1)Move the Tuesday, May 27, 1997 regular meeting to Thursday, May 29, 1997, based on recent Council policy to reschedule any regular meetings that follow a Monday holiday (Monday, May 26, is Memorial Day); 2)Only one meeting in August, on the second Tuesday of the month (August 12), continuing with existing policy, to accommodate summer vacations and permit staff to concentrate on work in progress; 3)Move the Tuesday, November 11, 1997 regular meeting to Thursday, November 13, 1997 (Tuesday, November 11, is Veterans Day); and 4)Only one meeting in December, on the second Tuesday of the month (December 9), continuing with existing policy, to accommodate the winter holiday season and permit staff to concentrate on work in progress. (Benz and Edgerton absent) (k) RECOMMENDATION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN BEACH CITIES HEALTH DISTRICT AND THE CITY OF HERMOSA BEACH FOR HEALTHY CITIES FUND. Memorandum from City Manager Stephen Burrell dated November 7, 1996. Action: To approve the staff recommendation to authorize the Mayor and City Manager, on behalf of the City, to execute an agreement with Beach Cities Health District for the Healthy Cities Fund, through which the City will receive 200,000 during the 1996-97 fiscal year for safety- related equipment and services. (Benz and Edgerton absent) (l) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 10/29/96. Action: To receive and file the action minutes from the Planning Commission meeting of October 29, 1996. (Benz and Edgerton absent) (m) RECOMMENDATION TO APPROVE EXPENDITURE OF 86,569, IN ACCORDANCE WITH THE BEACH CITIES HEALTH DISTRICT CONTRACT, FOR THE PURCHASE OF A NEW FIRE DEPARTMENT AMBULANCE. Memorandum from Fire Chief Pete Bonano dated November 7, 1996. Action: To approve the expenditure of 86,569, with reimbursement by the Beach Cities Health District (BCHD), in accordance with the BCHD contract, for the purchase of a new Fire Department ambulance, as recommended by staff. (Benz and Edgerton) (n) RECOMMENDATION TO APPROVE FINAL MAP #24524 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 144-148 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 7, 1996. Action: To adopt Resolution No. 96-5838, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24524 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 144- 148 MANHATTAN AVENUE" and direct the City Clerk to endorse the certificate for said map, as recommended by staff. (Benz and Edgerton absent) (o) RECOMMENDATION TO APPROVE FINAL MAP #24526 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 158-160 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 7, 1996. Action: To adopt Resolution No. 96-5839, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24526 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 158- 160 MANHATTAN AVENUE" and direct the City Clerk to endorse the certificate for said map, as recommended by staff. (Benz and Edgerton absent) (p) RECOMMENDATION TO AUTHORIZE THE EXPENDITURE OF 19,442 TO MICROAGE FOR FIVE (5) LAPTOP COMPUTERS (3,592 EACH PLUS TAX) TO BE USED BY COUNCILMEMBERS. Memorandum from Assistant City Manager Mary Rooney dated November 7, 1996. Supplemental letter of opposition from Howard Longacre, 1221 Seventh Place, dated November 13, 1996. This item was removed from the Consent Calendar by Councilmember Bowler at the request of Shirley Cassell for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, opposed to spending the money for laptop computers for Councilmembers; said the money should be spent on carpeting and ceiling repairs in the City Hall offices where it is needed. Action: To approve the staff recommendation to authorize the expenditure of 19,442 to MicroAge for five laptop computers, at 3,592 each plus tax, to be used by Councilmembers. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Edgerton. 2.CONSENT ORDINANCES - None (At 8:10 P.M. the order of the agenda was suspended to go to Public Hearing item 4.) 3.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item(s) 1(f) and (p) 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.CONSIDERATION OF TEXT AMENDMENT AMENDING SECTION 17.46.130 OF THE ZONING ORDINANCE REGARDING FENCE HEIGHT IN FRONT YARDS. Memorandum from Community Development Director Sol Blumenfeld dated November 5, 1996. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:11 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:11 P.M. Action: To introduce and waive full reading of Ordinance No. 96-1164, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE, SECTION 17.46.130(A), TO ALLOW FENCES TO BE A MAXIMUM OF 42 INCHES HIGH IN THE REQUIRED FRONT YARD SETBACK," as recommended by staff. Motion Reviczky, second Bowler. The motion carried noting the absence of Benz and Edgerton. (At 8:12 P.M. the order of the agenda was returned to item 3 for discussion of the items removed from the consent calendar.) MUNICIPAL MATTERS 5.CONSIDERATION OF REQUEST FROM DOWNTOWN ENHANCEMENT COMMISSION TO TRANSFER JURISDICTION FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION TO THE DOWNTOWN ENHANCEMENT COMMISSION RELATIVE TO CATEGORY III AND IV EVENTS, THUS INITIATING A ONE-STOP APPROVAL PROCESS. Memorandum from Community Development Director Sol Blumenfeld dated November 5, 1996. Community Development Director Blumenfeld responded to Council questions. Action: That one or two representatives of each of the two commissions meet as a subcommittee or, more preferably, that the two commissions in full schedule a joint workshop prior to the end of the year to discuss their concerns, and that they then conduct another joint meeting after the first of the year when the annual special events list is prepared, to ensure that both bodies are able to adequately assess the events and provide input to the Council. Motion Bowler, second Reviczky. The motion carried noting the absence of Benz and Edgerton. 6.CONSIDERATION OF ORDINANCE REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Public Works Director Amy Amirani dated November 6, 1996. Supplemental memorandum dated November 12, 1996, with attached modified pages of the proposed ordinance from Public Works Director Amirani. City Attorney Mike Jenkins presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To introduce and waive full reading of Ordinance No. 96-1165, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE," amended as recommended by staff and the City Attorney. Motion Bowler, second Reviczky. The motion carried noting the absence of Benz and Edgerton. 7.CONSIDERATION OF ORDINANCE BANNING ALL FIREWORKS WITHIN THE CITY OF HERMOSA BEACH. Memorandum from Fire Chief Pete Bonano dated October 31, 1996. Fire Chief Bonano presented the staff report and responded to Council questions. City Attorney Mike Jenkins also responded to Council questions. Public participation opened at 8:38 P.M. Coming forward to address the Council on this issue were: John Burt - Hermosa Beach, saw no reason why the City should not have special fireworks programs as other cities do, especially during the 4th of July; and Shirley Cassell - Hermosa Beach, said the City used to allow fireworks and recalled one year when there were about 100,000 people who almost burned down the Strand; said unlike some other cities, the homes in Hermosa Beach are built very close together, making fireworks extremely dangerous; said El Segundo has an annual fireworks display and it is great, but that it takes place at a huge park with no homes nearby; spoke of problems experienced in the past, including a fire that burned four homes several years ago. Public participation closed at 8:40 P.M. Action: To introduce and waive full reading of Ordinance No. 96-1166, entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 15.20 OF TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE, TITLED UNIFORM FIRE CODE, BY ADDING THERETO A PROVISION PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY WITH THE EXCEPTION OF CITY APPROVED DISPLAYS," with the ordinance title and text amended to exempt from the citywide prohibition any firework displays which are approved by both the Fire Department and the City Council. Motion Reviczky, second Bowler. The motion carried noting the absence of Benz and Edgerton. 8.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER: a.BEACH DRIVE ENCROACHMENT ISSUES - EAST SIDE. Memorandum from City Manager Stephen Burrell dated November 7, 1996. City Manager Burrell presented the staff report and responded to Council questions. Action: Mayor Oakes, with the consensus of the Council, directed staff to set up a Thursday meeting within the next couple weeks between the Beach Drive (east side) property owners and the City Council subcommittee (Mayor Oakes and Councilmember Reviczky). b.UPDATE ON COASTAL COMMISSION HEARING REGARDING DOWNTOWN PLAN.Oral report from City Manager Stephen Burrell. City Manager Burrell said the Coastal Commission reviewed and unanimously approved the Citys downtown plan at 5:30 P.M. today at its meeting in San Diego, which he and Mayor Oakes attended and which was the reason for the late start of tonights Council meeting. In response to Council questions, he said that the downtown plan presented to the Coastal Commission reflected all the plans that have been approved in concept to this point by the Council, including the Pier and the lower Pier Avenue sidewalks and parking proposals. He said the plan is proceeding and that the City would once again be before the Coastal Commission in February of 1997. 9.MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 10. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, asked if Pier Avenue would remain open to through vehicular traffic during the construction (City Manager Burrell said the area would be open to pedestrian access at all times during the construction phase but that there would be no vehicular traffic for the bulk of the construction); objected to the purchase of new motorcycles for the Police Department with State money, questioned the need for new motorcycles when the existing ones could just be refurbished instead (Councilmember Reviczky explained that the two motorcycles would be purchased with State grant funding and that the existing two motorcycles would remain in service, giving the City the use of four motorcycles instead of two); and Shirley Cassell - Hermosa Beach, asked staff to confirm that the hotel project would be heard by the Planning Commission at its December 3, 1996 meeting rather than its November meeting (City Manager Burrell confirmed the December date). ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1.MINUTES: Approval of minutes of Closed Session meeting held on October 8, 1996. 2.CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a.Existing Litigation: Government Code Section 54956.9(a) Name of Case: Lissner v. City of Hermosa Beach Case Number: BS041936 b.Anticipated Litigation: Government Code Section 54956.9(b)(3)(E) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 14, 1996, at the hour of 8:58 P.M. to a Closed Session. The Closed Session convened at the hour of 9:05 P.M. At the hour of 9:30 P.M., the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - The City Attorney announced that the City Council took the following action in closed session: to defend litigation in the case of Lissner v. City of Hermosa Beach, Case No. BS041936, on a 3:0 vote (Benz and Edgerton absent). ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Thursday, November 14, 1996, at the hour of 9:31 P.M., to the Regular Meeting of November 26, 1996, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 10, 1996, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Anna Belchee, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes again reminded the citizens of the fourth annual Toy Drive; toys accepted at the Hermosa Beach - Manhattan Beach Fire Stations, Chambers of Commerce and many businesses; and the wrapping party to be on Saturday, December 21, 1996, at the Clark Building on Valley Drive. The second announcement was to inform people that buttons were on sale at many establishments for the third annual firstNight celebration on December 31st. PRESENTATION OF EMPLOYEE SERVICE PINS - Mayor Oakes joined Police Chief Val Straser, Fire Chief Pete Bonano, and Personnel Director Robert Blackwood in presenting service pins and offering congratulations to the following employees: Dennis McCamant Fire Captain 30 Years Vince Bruccolieri Fire Engineer 25 Years Tom Cray Police Officer 25 Years Chris Kelly Public Works Crewleader 25 Years John Davis Maintenance II 15 Years Ron Fox Police Service Officer 15 Years Ron Gleistein Community Service Officer 15 Years Steve Hartt Police Officer 15 Years Kim Mitchell Police Officer 15 Years Brian Scott Fire Captain 15 Years Tim Turek Police Officer 15 Years Paul Wolcott Police Officer 15 Years James Crawford Fire Engineer 10 Years Angela Janulewicz Lead Police Service Officer 10 Years Sherria Lawrence Senior Clerk Typist 10 Years Dorothy Scheid Police Officer 10 Years Ron Simpson Engineering Technician 5 Years Charlie Swartz Building Division Manager 5 Years Pam Szabo Public Safety Dispatcher 5 Years PRESENTATION OF PEDESTRIAN SAFETY AWARD FROM THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA A.A.A. TO POLICE CHIEF VAL STRASER William Sauber, manager of the Manhattan Beach Automobile Club of America, presented the 1996 Pedestrian Safety Citation Award (awarded for no pedestrian/automobile accidents) to the City for the fourth straight year and said that Hermosa Beach was the only beach city in the area to receive this award. Police Chief Val Straser accepted the award on behalf of the City. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time. At 9:34 P.M. the Public Participation portion of the agenda was re-opened to allow speakers. Coming forward to address the Council at this time was: Jim Lissner - El Oeste Drive, said he was raising a "point of order" regarding item 6; said that the proposed downtown parking structure was not listed on the agenda, in the item title or in the recommendation and therefore people had no way of knowing that the parking structure contract was to be approved by the Council; said this was misleading to the public and asked that no action be taken on this item tonight as it was not an urgency matter. City Attorney Michael Jenkins said that a point of order was a procedural issue limited to the City Council; said that the agenda title was consistent with the title used by the County for the agreement, but advised the Council to receive the staff report, ask any questions the Council might have regarding the item, take public testimony regarding the item and then to continue the approval of the item to the next Council meeting. (b) WRITTEN COMMUNICATION - None (c) COUNCIL COMMENTS - None Due to the large number of citizens in attendance wishing to speak on item 9(a), regarding the Bijou Theatre, it was moved up on the agenda and heard at this time, but it is shown in its normal order for clarity. Action: To suspend the order of the agenda and hear item 9(a) at this time. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h). No items were removed from the consent calendar for discussion in item 3, however Councilmember Benz wished to express his personal concerns regarding the actions taken by the claimant in item 1(d). Motion Reviczky, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Minutes of the Regular Meeting held on November 26, 1996. Action: To approve the minutes of the Regular Meeting of November 26, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 8719 THROUGH 8900, NOTING VOID CHECK NO. 8794. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated December 2, 1996. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1) Claimant: Silverman, Seth Date of Loss: 10/14/96 Date Filed : 11/19/96 Allegation : Alleges that vehicle "bottomed out" while crossing Hermosa Avenue at Longfellow. Claimant alleges condition of street caused damage to under carriage of vehicle. (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 20, 1996. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation And Community Resources Advisory Commission meeting of November 20, 1996, as presented. (f) RECOMMENDATION TO AWARD CONTRACT TO HEIMBERGER HIRSCH LANDSCAPE ARCHITECTS IN THE AMOUNT OF $26,470 TO PREPARE CONSTRUCTION DOCUMENTS FOR THE GREENBELT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES TO THE CONTRACT AS NECESSARY WITHIN 20% OF THE CONTRACT COST. Action: To approve the staff recommendation to: 1) award the contract to prepare construction documents for the Greenbelt repair and renovation, including but not limited to irrigation system, jogging trail and access delineation, to Heimberger Hirsch Landscape Architects, Fullerton, in the amount of $26,470; 2) authorize the Director of Public Works to make minor changes to the contract as necessary within twenty percent (20%) of the contract cost; and, 3) approve the expenditure of $31,764 for this contract. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF 12/4/96. Action: To approve the staff recommendation to receive and file the action minutes from the Downtown Business Area Enhancement District Commission meeting of December 4, 1996, as presented. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF 12/3/96. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of December 3, 1996, as presented. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 96-1167 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ESTABLISHING LOCAL CABLE CONSUMER PROTECTION STANDARDS." For waiver of full reading and adoption. Memorandum from City Clerk Elaine Doerfling dated November 27, 1996. Action: To waive full reading and to adopt Ordinance No. 96-1167. Motion Reviczky, second Bowler. AYES: Bowler, Edgerton, Reviczky, Mayor Oakes NOES: Benz 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. PUBLIC HEARINGS 4. CONSIDERATION OF ZONE CHANGE FROM M-1 TO R-2 OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL FOR 322 ARDMORE AVE., 603 & 623 3RD ST. & NEGATIVE DECLARATION. Action: This item was continued, prior to this meeting, to the regular meeting of January 28, 1997, at the request of staff. MUNICIPAL MATTERS 5. DOWNTOWN IMPROVEMENT PLAN - LOWER PIER AVENUE STREETSCAPE AWARD OF CONSTRUCTION CONTRACT. Memorandum from Public Works Director Amy Amirani dated December 4, 1996. Supplemental memorandum from Public Works Director Amy Amirani received December 10, 1996. Supplemental letter from Stephen Walton and Nikolai J. Samarin, of Terra-Cal, received December 10, 1996. Public Works Director Amirani requested that this item be continued to the next meeting due to the need for additional review. Action: Mayor Oakes directed, with the consensus of the Council, to continue this item to the meeting of December 17, 1996. 6. AGREEMENT FOR COUNTY LIFEGUARD AND BEACH CLEANING SERVICES. Memorandum from City Manager Stephen Burrell dated December 5, 1996. Supplemental letter from Parker Herriott received December 10, 1996. Public participation opened at 9:50 P.M. Jim Lissner - El Oeste Drive, expressed concern with the agreement as he felt it was unfavorable to the City; said that although the City could take operating costs out of the gross revenue, to be shared equally by the City and Los Angeles County, the City could not take out the cost of security or major repairs; John Burt - 1152 Seventh Street, said he objected to the contract as the County should be responsible for rest room cleaning; said he thought the parking structure would be good for the City as more parking was needed; and, Parker Herriott - 24th Street, questioned which bond measure the money would come from (City Manager Burrell responded that it would come from the first Prop. A bond measure of November, 1992); questioned if those funds could be used for this project; said there should be a public hearing on the proposed parking structure and even have the project go to a vote of people. Public participation closed at 9:56 P.M. City Manager Burrell responded to Council questions and said that there were minor changes that needed to be made to the document and that staff could return with the amended document for the next meeting. Action: To direct staff to return at the meeting of December 17, 1996, with the revised agreement. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Due to the large number of citizens in attendance wishing to speak on this item, it was moved up on the agenda and placed ahead of item 1, but it is shown in order for clarity. a. Request from Councilmember Edgerton to direct staff to report back on designating the Bijou Theatre building as an historic landmark to prohibit the demolition of the building. Supplemental memorandum from Community Development Director Sol Blumenfeld received December 10, 1996. Supplemental letters from Karen Luthart, from Allan Mason and from Judy Jackson, all received December 10, 1996. Supplemental letter, relating the historical background of the building, from Patricia Gazin received December 10, 1996. Mayor Oakes noted that landmark status could prohibit demolition of the building, but could not require that the movie theatre use would continue. Councilmember Reviczky clarified that the seismic retrofit was required under state law and could not just be ignored by the City. Public participation opened at 7:34 P.M. Coming forward to address the Council on this item were: Judy Garland - 1181 Cypress, spoke of her concerns regarding the possible demolition of the Bijou and the importance of preserving the theatre; urged the City to enact a moratorium to prevent demolition, to form a committee to hear ideas from people to keep the theatre and to work with the owner to keep dialogue open; R.C. Lebeck - 1200 S. Catalina, Redondo Beach, spoke of the importance of the Bijou as an art film house for foreign films, small budget films and student films; said in his hometown of Boston the citizens worked hard to preserve buildings from the past; Matt Tarnay - 505 First Street. Manhattan Beach, said that the theatre attracts people from outside of the City to come to Hermosa and spend money in the downtown area for dinner and drinks either before or after a show; Rick Hankus - 157 Pier Avenue, Hermosa Beach Chamber of Commerce President, downtown area is coming back to life and the theatre is the perfect thing for this small town and as one of the oldest buildings in town it should be preserved; Rena McAfee - 424 First Street, Manhattan Beach, said she loves Hermosa Beach and the art films at the Bijou; stressed that this is the only theatre left in the beach cities and the only art film house in the South Bay area; Jack Belasco - 708 Eighth Street, Manhattan Beach, related that he had mentioned the Bijou at a gathering on the hill and had been amazed at the number of people who said they came down to go to this theatre because it was the best art film house in the area; said he was confident that the Council could resolve this problem; Anna Belchee - 505 Hollowell Avenue, said the City and the Film Festival needed this theatre; Carolyn Barbrey - 1233 Hermosa Avenue, Suite 208(c), tenant of the Theatre building, said that the theatre portion of the building was the only part to be torn down, that the Hermosa Avenue facade and offices would remain; said the Bijou was generic of the great theatres built in the twenties, the stage was still there, the art deco facade was still there inside and it needed a lot of work and the owners could probably make more money from offices rather than the theatre, but it is the best thing Hermosa has as far as putting the City on the map; suggested a fundraising "show of hands" by selling ceramic tiles for the building, with names and handprints of those willing to donate money to save the theatre; George Schmeltzer - 275 Valley Drive, said there were two questions that the Council should answer: 1) does saving the Bijou fit into the City vision for the downtown area, and 2) are the owners willing to entertain ideas for saving both the building and the theatre; said that if the answer was yes to both questions then a committee should be established to meet with the owners to explore the possibilities to see if an agreement could be reached; Douglas Brochier - 1439 Manhattan Avenue, said if the Bijou was removed it would be like giving the town a lobotomy; Carrie Collins - 2040 Hermosa Avenue, suggested the idea that the Bijou become a dinner theatre; said there were a number of such ventures that were quite successful and said that there were several investment companies that bought old theatres and turned them into dinner theatre houses; Jack Rubens - 1525 Gates Avenue, Manhattan Beach, said he was a land use lawyer who has worked on matters involving the historic preservation law and that he is on the Board of Directors of the Los Angeles Conservancy, which is the largest historic preservation agency in the western United States and which, as one of its core activities, provides technical assistance to cities throughout Los Angeles County on the historic preservation law; gave information directly to the Council which included a model preservation ordinance and said that the Council needed to enact a preservation ordinance, then after the ordinance is adopted, the Council would need to declare the Bijou theatre a designated landmark subject to the protection of the ordinance, then the ordinance, if it is the strong ordinance it should be, would give the City the ability to prohibit the demolition of the Bijou theatre; said that preservation ordinances that prohibit demolition of historic buildings are constitutional and mentioned the U.S. Supreme Court land use decision of 1978, commonly known as the "Penn Central Case"; said that an economic hardship exemption needed to be included in the ordinance and suggested that economic incentives also be provided and/or some relief from the City Building Codes; mentioned other helpful organizations including California Preservation Foundation and the National Trust for Historic Preservation and said that over 3,000 cities have enacted preservation ordinances; Doug McDonald - 1041 Monterey Blvd., challenged the Council and the Bijou owner to really explore the information that has been given in order to find a way to save the Bijou; Rick Bohner - 935 Monterey Blvd., suggested a non-combative approach in the way the audience and the City dealt with the owner; thought that fighting and a moratorium might not be the way to go as the owner had property rights and keeping the building did not mean keeping the theatre, which seemed to be the thing that most people wanted; suggested that a group or committee be formed to work with the owner in the hope that the owner will work to save the Bijou too; Jim Parkman - 657 Porter Lane, spoke of an experience in his childhood and of the need for constancy in people's lives; said for many here in the area that constancy was the Bijou theatre; Tim Beal - 217 So. PCH, Redondo Beach, spoke of the memories that the Bijou evoked for him and for many others in the community; suggested a $.50 tax on beer for a month to save the theatre; Cassandra Bates - 2040 Hermosa Avenue, said the Bijou theatre is the distinct competitive advantage that Hermosa Beach has to offer that a lot of other cities do not have; people can walk to the theatre or out to dinner or to the market here, but in most cities they cannot; said she thought a committee to work with the owner was good and thought the City should spend community money to keep the theatre; Haim Levy - 1341 11th Street, Manhattan Beach, said he attended the meeting to lend his support to those hoping to save the Bijou; said the Council needed to make the decisions and urged them to work with the building owner to save the theatre; Jerry Collamer - 126 34th Street, said he felt the Bijou was the center of the town and felt remiss for not having been active to save it sooner; questioned when the final date was (Community Development Director Sol Blumenfeld said the building could not be occupied after December 31, 1996, unless seismic retrofit had been completed); asked if everyone was too late with their plea to save the theatre and if nothing could be done now (Mayor Oakes said that there was still some hope that the owner could work with a committee to save the theatre); Suzanne Jenny - 35 20th Court, said that she thought one of the good things about the City was the fact that landmarks such as the Bijou could remain long after other communities would have torn them down; said that many people did not know that the Bijou was in jeopardy and would close by January 1st; felt that there were many things that could be done including fundraising or even a tax on beer and that if people were given a forum there might be some surprising solutions and many more people who would give of their time and resources to save the theatre; Lorna Johnson - 514 31st Street, feels the Bijou is not just an old building from the past but a continuing part of the future as well that can bridge the gap between the generations and needs to be preserved; Jane Stewart - 2429 Myrtle Avenue, said that it was very important to preserve the City's heritage; that a committee should be formed to work with the owner, raise the money and save the theatre; said she was confident that the people could do it; Dean Francois - Hermosa/Redondo border, said he loved the theatre but could understand the owners need to receive increased rents from the building if it were torn down; said the Council must act swiftly to declare the building a landmark and to work with the owner to preserve the theatre; Jeff Urama - 2160 Monterey Blvd., questioned if there was any assurance that the owner had any interest in preserving the theatre regardless of the interest of the residents; Lorraine Parcell - Manhattan Beach, said that the Bijou was a nice small theatre that was appealing to young people who did not go to the bars and asked if the theatre could be opened after the January 1st date; Joe Terry - 531 11th Street, Hermosa Beach Film Festival member, wished to offer support to the Bijou as a centerpiece venue of the Festival; and, Joseph Naughton - 615 Esplanade, Redondo Beach, Bijou owner, said that in 1979 he and his partner had purchased the building to save it from a complete tear-down; said that it was really two buildings, the front was a very strong, well constructed, three-story office building while the back portion that contained the theatre auditorium was totally different; said that they had had a number of theatre operators in that could not make a go of it until Ramon Lence came in and created the Bijou; said that Ramon was the Bijou but even now Ramon barely makes a living and could not afford to stay if the theatre were not subsidized through very low rents; explained that his retrofit costs could be $1,000,000 or more, mainly for the theatre, and banks did not usually loan on that type of building; said there was not enough money in rents from the theatre to pay off a mortgage this large and that a duplex theatre was not viable in today's market; said it was his problem but he loved the theatre and would be willing to talk. Public participation closed at 8:50 P.M. Action: To direct staff to bring back an urgency ordinance to prevent the demolition of historical or architecturally significant buildings. Motion Edgerton, second Mayor Oakes. AYES: Benz, Edgerton, Reviczky, Mayor Oakes NOES: Bowler City Attorney Michael Jenkins explained that the urgency ordinance would only be in effect for 45 days, the City Council had to have a public hearing and then the urgency ordinance could be renewed or the regular ordinance introduced and adopted. Proposed Action: To have a public hearing at the earliest possible time to start the proceedings for historic building status. Motion Edgerton. The motion died due to the lack of a second. City Manager Burrell clarified that the first step needed was a survey of the buildings to be included in the urgency moratorium. City Attorney Jenkins said that the purpose of the urgency moratorium is to place a temporary restriction on a property owner's ability to demolish a building pending the preparation of an ordinance to protect historic structures, but the ordinance can not be property specific, it must protect any and all historic or architecturally significant structures in Hermosa Beach {Special Char 45 in Font "Symbol"} not just this building, therefore, in order for the moratorium to work, the City must have a survey. Further Action: To form a committee comprised of members of the City Council, the business owners and the building owners to see if any agreement can be reached. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Final Action: Mayor Oakes directed, with the consensus of the Council, that Councilmembers Bowler and Edgerton be appointed to serve on the committee. The meeting recessed at 9:15 P.M. The meeting reconvened at 9:33 P.M. and returned the order of the agenda to Public Participation, prior to item 1. b. Request from Councilmember Benz to direct staff to follow the business license code. Supplemental memorandum from Fire Chief Pete Bonano received December 10, 1996. Councilmember Benz spoke to his request. Action: There was no action taken on this item. CITIZEN COMMENTS: There was no citizen comment at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: pursuant to Government Code Section 54956.8: Property: Lot C Negotiating Parties: Stephen Burrell Keenan Land Company Under Negotiation: Terms of Payment 2) CONFERENCE WITH LEGAL COUNSEL: pursuant to Government Code Section 54956.9(b)(3)(E), Anticipated Litigation: A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. 3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: pursuant to Government Code 54957: Employee: City Manager ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 10, 1996, at the hour of 10:08 P.M. to a closed session. The closed session convened at the hour of 10:15 P.M. At the hour of 10:35 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 10, 1996 at the hour of 10:35 P.M. to the Adjourned Regular Meeting of Tuesday, December 17, 1996 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 17, 1996, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE: Shirley Cassell, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Oakes wished everyone Happy Holidays; reminded everyone of the need for donated toys for needy children being collected at the Fire Department and at numerous businesses in town and with a wrapping party starting at 11:00 A.M. on Saturday, December 21, 1996, at the Clark Building on Valley Drive; and, spoke of the third annual FirstNIGHT, new year's celebration, on December 31st, starting at 6:00 P.M. until after midnight with badges allowing entry at all of the venues available for $10.00 at many locations in town. Councilmember Edgerton reminded the citizens that Sunday, December 22, 1996, would be the last performance at the Bijou and suggested that all who were interested in saving the theatre attend. PUBLIC PARTICIPATION (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, questioned why the changes in parking hours, approved by the Council, had not been changed on the signs for Monterey Blvd. and Hermosa Avenue (City Manager Stephen Burrell responded that the changes also required Coastal Commission approval which had just been received); asked when the ugly Council Chambers would be improved; and, said that important issues such as the ones to be heard tonight should not be heard during the Holidays but should be continued until after the new year; Jim Lissner - El Oeste Drive, informed the Council that Century Cable TV no longer replayed the Council meetings on Fridays but had told him they would if the City would purchase that additional time; and, John Burt - 1152 Seventh Street, said that he was in favor of the downtown projects and that it was important for this town that these projects go forward. At the hour of 7:22 P.M., as the advertised time for the public hearing had not been reached, the order of the agenda was suspended to go to item 2. PUBLIC HEARING 1. APPEAL OF CONDITION OF APPROVAL, HERMOSA INN HOTEL & 480 CAR PARKING STRUCTURE - CONDITIONAL USE PERMIT; PRECISE DEVELOPMENT PLAN; PARKING PLAN; VESTING TENTATIVE TRACT MAP; GENERAL PLAN CONSISTENCY WITH LEASE OF CITY OWNED PROPERTY AND CONVEYANCE OF PARKING IN CITY OWNED PARKING STRUCTURE AND CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) - 1300 THE STRAND. Memorandum from Community Development Director Sol Blumenfeld dated December 12, 1996. Supplemental letters from Howard Longacre received December 16 and 17, 1996. Supplemental appeal request from Jim Lissner received December 17, 1996. Community Development Director Blumenfeld presented the staff report, responded to Council questions and clarified that in item 31 of the Planning Commission resolution, a fair share for the hotel portion of the storm drain costs had been reach at 14.5 percent. The public hearing opened at 9:05 P.M. Coming forward to address the Council on this item were: Charles Keenan - appellant, hotel project developer, said that he had 29 years experience in developing this type of project; that he and his team had scouted the coastline and considered Hermosa Beach the gem of hotel sites; spoke of a two phase development and said that the hotel would ultimately consist of 96 rooms, all suites, with fireplaces, wet bars, living area with entertainment centers and bedrooms with queen sized beds; said that the hotel development was investing $1,100,000 to add 100 parking spaces to a 380 space parking structure, they were not taking 100 spaces from a 480 space structure; said the hotel was a commercial condominium with 96 individual owners who would be limited, through the CC&Rs, to 29 consecutive days private use and a total of 90 days annually; said there would be no restaurant but there would be a full kitchen for catering events in the 3,000 square feet of conference space; said that the hotel would have a fully staffed front desk and a commercial laundry on the premises; and said that the construction would start after the Coastal Commission meeting in February of 1997 and the first phase finished nine months after that (approximately late November or early December of 1997); Tommy Landau - 628 Channel Road, Santa Monica, project architect, explained the hotel design; showed the project designs directly to the Council and responded to Council questions; Jeff Greenspan - traffic engineer, responded to Council questions; spoke of the proposed traffic flow to the hotel; said that if traffic became a problem, it could be controlled with signage; Rick Hankus - 157 Pier Avenue, Chamber of Commerce President, said that he approved of the projects and was excited to see this coming to fruition; Jerry Newton - 32 Pier Avenue, said that this hearing was basically many of the same people giving the same speeches that had been heard many times before; said that one of the more important things about this project was that it could produce $400,000 annually in bed tax for the City; Dennis Darlington - 1523 Golden, owner of the Design House supplying the interior furnishings, said that not only the bed tax, but also the property tax, would be important for the City; said that his company was providing the interior furnishings for the hotel and that he was very impressed with the quality of the designs specified by the developer; Evelyn Conley - 60 17th Street, concerned with the size, density and ambiance of the projects; suggested that the projects could be smaller and questioned why the hotel was a timeshare and if the developer had adequate financing; Jim Lissner - El Oeste Drive, expressed his concern regarding parking for the hotel as he felt that 100 spaces would not be enough and that there should be 50 to 60 spaces added to that amount; and suggested that there would be increased traffic forced onto the residential streets due to the widened sidewalks along Pier Avenue; Dean Nota - 2467 Myrtle, said that he supported the hotel as it was a C-2 use in a C-2 zone, consistent with the general plan and with the recommendations of R/UDAT and the Coastal Commission would be happy with the project as it was a visitor serving use; Jo Hollingsworth - 607 Gould Terrace, said that the projects would form a boxy barrier between the beach and the boulevard; questioned if so much parking was needed in the downtown area and why the parking structure could not be smaller; said that the hotel was too boxy and square; Mike Hanlon - 1272 The Strand, manager of the Poop Deck, said that the R/UDAT team would approve of this project as they had recommended a hotel for the area; said that the developers showed a willingness to work with the City and urged the Council to approve the project; Peter Hale - 15 15th Street, said that the only reason the City wanted to build a parking structure was to service the hotel; said that both projects were oversized and that there was nothing in these projects that would benefit the residents; Kevin Briley - 60 17th Street, said that he believed the hotel should be built even though he had concerns that the parking structure, through the availability of parking, would bring crime into the City; Parker Herriott - 24th Street, objected to the title of the appeal; said that this development agreement should have been an Ordinance that would allow the people to referendum the project; expressed his concerns about everything with the projects; Patricia Spiritus - 1610 The Strand, said she would be a project neighbor and approved of the hotel and parking structure; said the hotel site was ugly dead land now and no one enjoyed seeing it; said the Parking structure site was an all concrete parking lot from the 1950s; said that the developers could not afford to build or operate smaller projects; and, that this project would give the downtown area a lot more daytime use and change it from a nighttime bar only use; John Burt - 1152 Seventh Street, said the hotel should be higher; said this hotel would be more attractive than the hotel in Redondo Beach; asked the City to purchase its own shuttle bus service and do away with "The Wave" service; said he did not approve of a police sub-station in the parking structure; Shirley Cassell - Hermosa Beach, said the hotel would be great but questioned why the developer didn't cut down on the number of rooms and provide his own parking; suggested that a clause be included that would prevent the hotel from ever going over 30 feet in height; spoke of the restaurant easement at Loreto Plaza now being roofed over as if it were part of the building owner's property rather than City property and suggested that the City sell this property and put it on the tax rolls; and, Alice Villalobos - resident and business owner on P.C.H., said that she applauded those who have struggled to bring these projects to the City; said it would be nice to have meeting rooms available for professional gatherings in the City and that these projects had her support. The public hearing closed at 10:15 P.M. Returning to respond to Council questions were: Charles Keenan - appellant, hotel project developer, said that the hotel would be built in two phases, the first phase would be 56 units with parking provided on the undeveloped portion of the hotel site, the second phase of 40 units would be built after the parking structure was completed; said that construction was not contingent on the sale of the units as the financing had been secured; and, Bill Crowell - hotel management, said that 100 parking spaces would be adequate as the hotel would never have 100 percent occupancy; said that the projections had been made on the normal 75 to 80 percent occupancy, that people came in at random times, and that the maximum staffing would be twelve people; said there would be valet parking during the construction phases of the hotel and parking structure, and designated parking in the structure after completion. Proposed Action: To approve the staff recommendation to adopt the project resolutions certifying the project Environmental Impact Report (EIR) and adopting the Statement of Overriding Consideration and approving the project subject to the Conditions of Approval. Motion Edgerton, second Benz. The motion was withdrawn by the maker. Action: To uphold the Planning Commission approval of the project; adopt the project Resolution No. 96-5840, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HERMOSA INN HOTEL PROJECT AND CITY PARKING STRUCTURE; ADOPTING THE MITIGATION MONITORING PROGRAM; ADOPTING THE FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.", ; and to adopt Resolution No. 96-5841, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, PARKING PLAN, AND VESTING TENTATIVE TRACT MAP NO. 52158; AND FINDING THAT THE PROPOSED CONVEYANCE OF PARKING SPACES IN A CITY PARKING STRUCTURE IS CONSISTENT WITH THE GENERAL PLAN, ALL IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT OF A 96 ROOM HOTEL AT 1300 THE STRAND AND A PUBLIC PARKING STRUCTURE WITH UP TO 480 SPACES ON AN ADJACENT CITY OWNED PARKING LOT (LOT "C").", with the clarification of Section 6, Letter D. - HYDROLOGY, DRAINAGE, STORM WATER MANAGEMENT, Condition No. 32, as a fair share being fourteen and one half percent (14.5 %) and with the addition to Section 6, Letter B. - ARCHITECTURE, LANDSCAPING AND SCREENING, Condition No. 17, to read, "Architectural treatment shall be as shown on the approved building elevation plans except that in the final design process, the Applicant shall incorporate additional articulation into the building facade of the Hotel Project to be consistent with the original rendering submittal. However, the building footprint shall remain as indicated on the approved plans and second rendering. Such additional articulation shall include the following elements: Design of balcony railings; Capping of columns and posts; Windows and sliding doors and frames; Capping of building parapets; Architectural trim; Detailed concrete planters on the first floor; and, Detailing on chimney caps. Minor modifications may be approved by the Community Development Director." Motion Mayor Oakes, second Edgerton. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None a. PUBLIC IMPROVEMENT AND REIMBURSEMENT AGREEMENT AND PARKING STRUCTURE AGREEMENT. Memorandum from City Manager Stephen Burrell dated December 12, 1996. Coming forward to address the Council on item 1(a) was: Parker Herriott - 24th Street, said that page 8 mentions a development agreement and asked why this was not prepared as an ordinance. Assistant City Attorney Craig Steele responded that none of the Council actions required an Ordinance. Action: To approve the staff recommendation to: 1) approve the Public Improvements and Reimbursement Agreement which provides for the hotel developer to build certain public street improvements for which the City will reimburse the developer in an amount not to exceed $275,000 over a specified period of years; 2) approve the Parking Structure Agreement which sets forth the use of 100 spaces through an easement agreement and in consideration of the payment of $1,100,000 plus ongoing funds for maintenance; and, 3) authorize the Mayor to sign the agreements. Motion Bowler. second Edgerton. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None MUNICIPAL MATTERS 2. DOWNTOWN IMPROVEMENT PLAN - LOWER PIER AVENUE STREETSCAPE AWARD OF CONSTRUCTION CONTRACT. Staff report presented at meeting. Supplemental information from Nikolai J. Samarin, of Terra-Cal Construction, received December 17, 1996. Public Works Director Amirani presented the staff report and responded to Council questions Coming forward to address the Council on this item was: Nikolai J. Samarin - Terra-Cal Construction, spoke to his letter; said that he did not believe that the City had checked the references of Unispec, the low bidder, as he did not think that they were accurate; said it appeared that Unispec did not possess a bona fide General Engineering A license, did not complete the contracts claimed, and had not done much of the work claimed. Public Works Director Amirani said that she had checked the references given and felt confident that Unispec was competent to do the work to fulfill the bid requirements. Ms. Amirani also submitted written copies of affirmation from the references given by Unispec from Mazin Azzawi for the City of Redondo Beach, Joseph C. Duda for Santa Monica-Malbu Unified School District, Joe Demko for Santa Monica-Malbu Unified School District, and Dale Petrulis for Santa Monica-Malbu Unified School District. Action: To approve the staff recommendation to: 1) authorize the award of the construction contract for the Lower Pier Avenue Streetscape Project (CIP 94-160) to Unispec Construction of Los Angeles, California, in the amount of $1,686,541.00; 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 after award by the City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; 4) authorize the Director of Public Works to make minor changes, as necessary, within budget; 5) appropriate funds to the Lower Pier Avenue Streetscape Project (CIP 94-160) in the total amount of $1,949,895.00 from the following accounts: Downtown Business Area Enhancement District Fund ($457,616), Proceeds from Alano property sale ($105,000), Proceeds from the sale of property to Vasek Polak ($59,664), Lighting and Landscape District ($120,000) and ($53,728), STPL (State Transportation Partnership/Local) Fund ($286,837), Sewer Fund ($304,050), Benefit Assessment District ($400,000), and Proposition C Fund ($163,000). Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 3. INTERIM URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858 REGARDING HISTORIC BUILDING PRESERVATION. Staff report presented at meeting. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, questioned if the owner of the theatre building wished to have his building saved and said that if he did not wish this then the City should leave him alone; and, Carolyn Barbrey - 1233 Hermosa Avenue, Suite 208(c), said that the property was also public access property, the architect who designed it was very significant in his field and it has been a theatre for 73 years; said there were a lot of ways to raise money to help pay for the needed repair and urged the Council to give it 45 more days to try to find a solution; showed tickets that she had purchased as holiday gifts for friends and said that there was no way for an accounting to be done as the tickets were the type used in carnivals; said with proper management and accounting procedures the theatre might bring in more money than anyone knew; and, said the El Capitan had returned to a single large screen format and was very profitable now. Action: To waive full reading and adopt Ordinance No. 96-1168 - U, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF." Motion Edgerton, second Reviczky. AYES: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes NOES: None 4. AGREEMENT FOR COUNTY LIFEGUARD AND BEACH CLEANING SERVICES, PIER PLAZA AND PARKING STRUCTURE. Memorandum from City Manager Stephen Burrell dated December 12, 1996. City Manager Burrell responded to Council questions and said that the document was complete with the exception of one small addition to page 9. Coming forward to address the Council on this item were: John Burt - 1152 Seventh Street, spoke in favor of the agreement and of the parking structure; Jim Lissner - El Oeste Drive, said that the agreement had not added security expenses as a consideration and that police security was very expensive; and, the agreement did not include maintenance (City Manager Burrell said that the City anticipated moving Parking Enforcement from Base 3 to the parking structure and major maintenance would be covered by insurance.); Parker Herriott - 24th Street, asked if the agreement should be an ordinance (Assistant City Attorney Steele replied that two government agencies did not make an agreement using ordinances); asked if the people had voted for a parking structure with Prop A funds; said that he was opposed to giving the hotel 100 spaces, that this was a terrible thing for the City and that parking structures were very bad; Harold Cohen - 37 14th Street, said that he was not against the hotel but was against the parking structure; said that there was no problem in finding parking places in the downtown area now; said that the City allowed new businesses to come in with relaxed parking requirements; said that the parking structure was not attractive, would block views, and would increase crime; and, Hal Burger - said that his was one of four residences that were adjacent to Lot C; said that he objected to the re-opening of 14th Court and expressed concern with auto access for the residents; said that he felt the EIR was defective for both the hotel and the parking structure and that definitive plans should be shown for the parking structure before approval was considered. Action: To approve the staff recommendation to: 1) approve the agreement with Los Angeles County for its provision of Lifeguard services and beach maintenance for a 30 year period; 2) approve the County grant of $4,500,000 in Prop A funds to be allocated to the City to assist in the cost of the Pier Plaza, Lifeguard garage and tower improvements, and the construction of a parking structure on Lot C; 3) approve the parking structure net revenue be shared equally between the City and the County for the term of the agreement; 4) approve the City payment of a total of $275,000 to the County, over a five-year period, starting in 2001, for the cost of services provided by the County during the period that the parking structure is under construction; 5) amend the agreement on page 9, line 6 to add, "...such as gate arms and security devices,..."; and, 6) authorize the Mayor to sign the agreement. Motion Edgerton, second Benz. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:47 P.M. The meeting reconvened at the hour of 9:03 P.M. and returned the order of the agenda to item 1. 5. CITY COUNCIL NEGOTIATING COMMITTEE FOR CITY MANAGER CONTRACT. Memorandum from Mayor Oakes dated December 12, 1996. Action: To approve Mayor Oakes and Mayor Pro Tem Reviczky as the negotiating committee for City Manager contract. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time were: Jim Lissner - El Oeste Drive, asked the Council again to restore the Friday replays of Council meetings on Century Cable TV and asked that the camera operator stay to film the Council reconvening after a closed session meeting; Parker Herriott - 24th Street, expressed his concerns regarding a Councilmember's opinions; said other cities did reconvene and did make announcements (City Attorney Michael Jenkins said that the Council had the right to have their session [convene the closed session or reconvene the regular meeting] at a location other than the Council Chambers; that anyone had the opportunity to stay and hear if there were any announcements following a closed session; and that the City Council minutes recorded any decisions that were legal to announce); and, John Burt - 1152 Seventh Street, spoke in favor of the agreements approved tonight. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1) PUBLIC EMPLOYEE RELEASE: pursuant to Government Code 54957: ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 17, 1996, at the hour of 11:43 P.M. to a closed session. The closed session convened at the hour of 11:50 P.M. At the hour of 12:23 A.M. the closed session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, December 18, 1996, at the hour of 12:23 A.M. to the Regular Meeting of Tuesday, January 14, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 14, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Police Chief Val Straser ROLL CALL: Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None PRESENTATION: PROFESSOR DEBORAH TORRES USC SCHOOL OF URBAN PLANNING AND DEVELOPMENT Mayor Oakes presented to USC Professor Deborah Torres a commendation expressing the City's gratitude to her and her students at the USC School of Urban Planning and Development for their hard work and dedication to the project involving the revitalization of downtown Hermosa Beach, and referred to the booklet Store Front Design Elements and Guidelines, one of the many projects they performed for the community. ROTATION OF MAYOR: COMMENTS BY OUTGOING MAYOR Mayor Oakes noted the start of the City's downtown construction project during her term as Mayor, which she considered a very exciting event; thanked residents Al Valdes and John Hales for the Mission Bell which was installed January 11, 1997 on Pacific Coast Highway; and announced that the City turned 90 years old today. She reviewed some of the events that occurred during her mayoral term and expressed her gratitude to her husband for his support, to her daughter for tolerating all of the meetings and functions, to the City Manager, his secretary and the City Attorney for their assistance, and to her colleagues. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE. Memorandum from City Clerk Elaine Doerfling dated January 7, 1997. (NOTE: The regularly scheduled meeting of Tuesday, November 11, 1997, falls on Veteran's Day. Pursuant to the 1997 meeting schedule adopted by Council, the first meeting in November will therefore take place on Thursday, November 13, 1997.) A. Designate Mayor for a term ending November 13, 1997. Action: To designate J.R. Reviczky as Mayor for a term ending November 13, 1997. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending November 13, 1997. Action: To designate Sam Edgerton as Mayor Pro Tempore for a term ending November 13, 1997. Motion Bowler, second Benz. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Action: To appoint Mayor Reviczky to the Los Angeles County - City Selection Committee. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Further Action: To appoint Mayor Reviczky to the South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Edgerton as alternate director. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Further Action: To appoint Mayor Reviczky as delegate to the Inglewood Fire Training Authority, and Mayor Pro Tempore Edgerton as alternate. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Final Action: Mayor Reviczky, with the consensus of the City Council, directed that the remaining Committee assignments be postponed to later in the evening (under Miscellaneous Items and Reports - City Council). PRESENTATION OF PLAQUE Mayor Reviczky presented a plaque of appreciation to outgoing Mayor Oakes for her excellent job as mayor, noting that she made the position of mayor look easy, handling it with dignity and grace. He thanked her on behalf of all of the City Council for all of her hard work. COMMENTS BY NEW MAYOR Mayor Reviczky said he was honored to have been elected Mayor this evening, an honor made even sweeter because today is the City's 90th birthday. He expressed deep appreciation for the support received from fellow Council members over the years and from the members of the community as a whole. He said he believed the strength of the community lies in its diversity and the challenge has always been creating consensus to accomplish goals. He said it has been years since the community has been so focused and that this Council, composed of five very different individuals, is a microcosm of the community, and that by focusing on their strengths rather than their differences, much has been accomplished, none of which would have been possible if the citizens of the community had not allowed it to happen. He said that he, his fellow Councilmembers and the City staff were all employees of the citizens, who represent the City of Hermosa Beach and that it is the citizens who purchased the Greenbelt, built South Park, and are revitalizing the downtown. He introduced and thanked his family members for their patience and support and for allowing him to pursue his dreams. He said he was honored to represent the community as Mayor and pledged to do so with the dignity that the community deserves. The meeting recessed at 7:29 p.m. The meeting reconvened at 7:55 p.m. MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced the first Hermosa Beach Household Hazardous Waste Roundup which will take place Saturday, January 25, 1997 from 9:00 A.M. to 3:00 P.M. across from Clark Stadium on Valley Drive between Eighth and 11th streets. Mayor Reviczky then announced the success of the recent Beach Cities Toy Drive and thanked Councilmember Edgerton and all of the other committee members who worked so hard to make it a successful toy drive. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that Consent Calendar item 1(k) be pulled for discussion; Nick Nicholson - Manhattan Beach, expressed appreciation for all of the toys donated during the 1996 annual toy drive to the Kenny Nicholson Memorial Foundation for distribution to disadvantaged children, and he presented to the Mayor a commendation for the City of Hermosa Beach; and Rick Hankus - 157 Pier Avenue, announced that Poop Deck manager Mike Hanlon had passed away Saturday morning and that a memorial would be held Thursday, January 16, from 11:00 A.M. to 2:00 P.M. at the Poop Deck. Action: To adjourn this evening's meeting in memory of Mike Hanlon. Motion Benz, second Edgerton. The motion carried by a unanimous vote. Continuing to come forward to address the Council was: Tim Taylor - 729 30th Street, said there is no available parking on 30th Street for the residents because the street has become a parking lot for Vasek Polak employees, in violation of the business' conditional use, and requested enforcement of the permit. Action: Mayor Reviczky directed, with the consensus of the Council, that the City Manager report back on the 30th Street parking issue raised by Mr. Taylor. (b) WRITTEN COMMUNICATION 1. Letter from Roger Creighton dated December 27, 1996. Action: To receive and file the letter, as recommended by staff. Motion by Bowler, second Benz. The motion carried by a unanimous vote. 2. Letter from Howard Longacre dated January 7, 1997. Action: To direct the City Manager to respond to the letter, as recommended by staff. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Final Action: Mayor Reviczky, with the consensus of the City Council, directed the City Manager to report back at the next meeting concerning a WEB site for the City. (c) COUNCIL COMMENTS: Councilmember Edgerton urged residents to shop Hermosa, particularly during the downtown renovation. 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: (e) Edgerton and (k) Edgerton at the request of Shirley Cassell. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on December 10, 1996; and 2) Minutes of the Adjourned Regular Meeting held on December 17, 1996. Action: To approve the minutes of the Regular Meeting of December 10, 1996 and the Adjourned Regular Meeting of December 17, 1996 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 8901 THROUGH 9190, NOTING VOIDED CHECK NUMBERS 8943 and 9130, AND TO APPROVE CANCELLATION OF CHECK NOS. 8710, 9063, 9073 and 8470 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER, 1996, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the November, 1996, Financial Reports as presented. (e) RECOMMENDATION TO APPROVE PROPOSED AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE CITY OF MANHATTAN BEACH AND AUTHORIZE THE FIRE CHIEF, MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT. Memorandum from Fire Chief Pete Bonano dated January 2, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Fire Chief Bonano presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) enter into the Automatic Aid Agreement with Manhattan Beach that will increase the manpower for low hazard fires and will assist in providing teams for rapid intervention; and 2) authorize the Mayor, the City Manager and the Fire Chief to sign the agreement. Motion Edgerton, second Oakes. The motion carried by a unanimous vote Final Action: Mayor Reviczky, with the consensus of the City Council, directed staff to return at a future meeting with a report on a volunteer firefighter program. (f) RECOMMENDATION TO WAIVE PARKING FEES AND TIME LIMITS FOR METERS ALONG PIER AVE. FROM MANHATTAN AVE. TO HERMOSA AVE., HERMOSA AVE. BETWEEN 8TH AND 16TH STREETS, AND 13TH STREET WEST OF HERMOSA AVENUE DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 16, 1997, FROM 7:00 A.M. TO 1:00 P.M. Memorandum from Community Resources Director Mary Rooney dated January 6, 1997. Action: To approve the staff recommendation to waive parking fees and time limits during the Sand and Strand Run on Sunday, February 16, 1997, from 7:00 A.M. to 1:00 P.M. for the parking meters on: 1) Pier Avenue from Manhattan Avenue to Hermosa Avenue; 2) Hermosa Avenue between 8th and 16th streets; and 3) 13th Street west of Hermosa Avenue. (g) RECOMMENDATION TO APPROVE THE RENEWAL OF THE LEASE BETWEEN THE CITY AND THE HERMOSA BEACH HISTORICAL SOCIETY FOR ROOM 6D AND THE WEST LOCKER ROOM IN THE COMMUNITY CENTER FOR A PERIOD OF FIVE (5) YEARS AND AUTHORIZE THE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated January 6, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the five-year lease agreement between the Hermosa Beach Historical Society and the City for the use of Room 6D and the West Locker Room in the Community Center at a rate of $1.00 per year through January 31, 2002; and 2) authorize the Mayor to sign the lease. (h) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING THE DECEMBER 1, 1996 HEALTH INSURANCE PROGRAM RENEWAL AND APPROVE FULL COVERAGE FOR MEDICAL, DENTAL AND VISION COVERAGE FOR ELECTED OFFICIALS CONSISTENT WITH THE LEVEL OF COVERAGE PROVIDED THE CITY MANAGER. Memorandum from Personnel Director Robert Blackwood dated January 6, 1997. Action: To approve the staff recommendation to: 1) receive and file the report showing a nine percent (9%) savings in paid premiums for the December 1, 1996, Health Insurance Program renewal; and 2) approve full medical, dental and vision coverage for elected officials consistent with the level of coverage provided for the City Manager. (i) RECOMMENDATION TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO HIRE A CONSULTANT TO PROVIDE ASSESSMENT ENGINEERING SERVICES NOT TO EXCEED $40,000 FOR THE CREATION OF MYRTLE AVENUE AND LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT AND APPROPRIATE $40,000 FROM LANDSCAPING AND LIGHTING DISTRICT FUND TO CIP #97-182 AND #97-183, $20,000 EACH. Memorandum from Public Works Director Amy Amirani dated January 9, 1997. Action: To approve the staff recommendation to: 1) authorize the Director of Public Works to hire a consultant to provide assessment engineering services, not to exceed $20,000 per district for a total of $40,000, for the creation of two Utility Undergrounding Assessment Districts composed of Myrtle Avenue, CIP 97-182, and Loma Drive, CIP 97-183, upon receipt of the necessary 60 percent (60%) of verified signatures for each district; and 2) appropriate $40,000 from the Landscaping and Lighting District to provide the $20,000 each to CIP 97-182 and CIP 97-183. (j) RECOMMENDATION TO RECEIVE AND FILE REPORT REGARDING PROJECT CLOSE OUT - CITY HALL FIRST FLOOR OFFICE REMODEL AND APPROPRIATE $400 TO CLOSE OUT THE PROJECT. Memorandum from Community Development Director Sol Blumenfeld dated January 7, 1997. Action: To approve the staff recommendation to: 1) receive and file the report on the City Hall First Floor Office Remodel Project; and 2) appropriate an additional $400 in order to close out this project. (k) RECOMMENDATION TO APPROVE FINAL DRAFT OF COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH AND PROVIDING FOR FUNDING FOR A PARKING STRUCTURE AND PIER PLAZA AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. Memorandum from City Manager Stephen Burrell dated January 9, 1997. Two supplemental letters from Howard Longacre received January 14, 1997. Supplemental agreement received January 14, 1997. This item was removed from the consent calendar by Councilmember Edgerton, at the request of Shirley Cassell, for separate discussion later in the meeting. City Manager Burrell presented the staff report and responded to Council questions. Referring to the supplemental document distributed this evening, he noted additional revisions to the agreement: Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, objected to portions of the agreement, including locking the City into a 30-year contract, the loss of City control with regard to beach events, County advertising, and the construction of a second parking structure; and Parker Herriott - Hermosa Beach, expressed concern that the item had not been properly noticed and suggested that Council postpone action or check with the City Attorney; he then referred to a County resolution and noted that the Hermosa Beach is not County-owned or County-operated. City Attorney Michael Jenkins responded to Council questions, saying the construction of a second parking structure would be up to the City but, if the City did decide to have a second structure, the County would have the right of first refusal. He said the agreement is terminable on a year's notice after five years, with straight-line amortization; that the decision on special beach events will still be in the hands of the City; and that all advertising will be with the approval of the Council. He said that the item had been properly noticed and noted that the County Counsel has concluded that the structure is an appropriate use of Prop A funds. Action: To approve the staff recommendation to: 1) approve the final draft (marked supplemental and presented this evening) of the agreement titled, "Community Recreation Agreement for Lifeguard and Beach Cleaning Services between the County of Los Angeles and the City of Hermosa Beach", which additionally provides for funding for a parking structure and pier plaza, as amended by the following changes listed in the staff report: a) Term: Draft agreement provided for termination after one year. This proposal provides for termination after five years. The agreement will be set up on five-year intervals after the initial period; b) Section 4.07: Rewritten to make it more clear that additional parking spaces may be added to accommodate the City's agreement with the hotel developer; c) Section 7.00: County Marketing Program adds language that clearly states that marketing revenue goes to the County; d) Section 8.00: Lease of lifeguard and maintenance building. This section has been revised to include the standard lease provisions which were going to be put into a separate document. This change allows it all to be in this document; and e) Section 9.02: Wording changes concerning the amortization period; as further amended by the following changes contained in the supplemental agreement and presented this evening by the City Manager: a) Section 8.02, the last sentence was changed to read "...materials, other than fuel (which fuel the County shall store in a safe and lawful manner), on the leased..."; b) Section 8.03, the end of the first complete sentence was changed to read "...for any reason except as provided for in Article 4 herein."; c) Section 8.04, the last sentence was changed to read "...of a casualty, and the lease is terminated pursuant to paragraph 8.03 hereinabove, then the COUNTY..."; and d) Section 9.02.01, added to read "The entire amount outstanding, if any, of the sum owing to the COUNTY pursuant to paragraph 5.01.01 hereinabove; and"; and as further amended this evening by Council with the following change: a) Section 4.12 to read "the CITY will give the first right of refusal for equivalent or better financial participation..." 2) authorize the Mayor to sign the agreement. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None At 8:14 P.M. the order of the agenda was suspended to go to Public Hearings item 4. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(e) and (k) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL OF THE PLANNING COMMISSION DETERMINATION ON A CONDITIONAL USE PERMIT; PRECISE DEVELOPMENT PLAN; AND VESTING TENTATIVE TRACT MAP #24632 FOR A TWO-UNIT CONDOMINIUM LOCATED AT 928 17TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated January 7, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item were: Charles Karlin - Redondo Beach, attorney representing appellant Glen Gould, said his client resides east of the project in a single family home, not a two-unit structure, and opposes the project, which will destroy his ocean view, because it is out of character with the neighborhood and it is out of compliance with zoning compatibility standards with regard to open space; Shirley Cassell - Hermosa Beach; noted that the City does not have a view ordinance and said she lost her ocean view due to neighboring construction but did not complain because no one has a right to a view; Sandy Thomas - property owner directly to the south of the subject site, said her privacy concerns have been met with the relocation of a second story deck, and that she was satisfied with the conditions imposed by the Planning Commission; and Elizabeth Srour - Manhattan Beach, representing property owner Craig Casner, displayed a rendering and reviewed specifics of the two-unit project, which she said meets and in some cases exceeds requirements. The public hearing closed at 8:33 P.M. Action: To deny the appeal and adopt Resolution No. 97-5841, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN FOR A TWO-UNIT CONDOMINIUM PROJECT AND VESTING PARCEL MAP # 24632 AT 928 17TH STREET, LEGALLY DESCRIBED AS LOT 18 J.M. FLOORES TRACT." Motion Bowler, second Benz. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None (At 8:40 P.M. the meeting returned the order of the agenda to item 3 for consideration of those items removed from the consent calendar for discussion.) MUNICIPAL MATTERS At 9:20 P.M. prior to consideration of the municipal matters, Councilmember Edgerton requested a ruling by the City Attorney on whether or not he had a conflict of interest with regard to item 5 since he was currently in escrow for the purchase of a home located within 300 feet of one of the areas in question. Based on the advice by City Attorney Jenkins that he not participate this evening in the consideration of item 5, Councilmember Edgerton stepped down from the dais and requested a formal determination by the Fair Political Practices Commission concerning the issue of conflict of interest as it pertains to this situation. City Attorney Jenkins said he would request a written determination. 5. EAST SIDE BEACH DRIVE PARKING/ PUBLIC RIGHT-OF-WAYS FOR WALKSTREETS. Memorandum from City Manager Stephen Burrell dated January 9, 1997. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:23 P.M. Coming forward to address the Council were: Pat Corwin - 31 Eighth Street, said the walk streets are a gateway to the beaches and that front yard parking is not aesthetically pleasing, noting that there were seven properties involved, said City property would be open to parking by anyone; he submitted a petition from 21 residents and property owners of Eighth Street who support the current ban on parking on the east side adjacent to Beach Drive; Richard (last name indistinguishable) - representing a Hermosa Beach resident, said City has allowed parking on the west side and wondered why this was different, said people have parked there for years and he saw no affect on aesthetics; Steve Yeager - 18 19th Street, said he had two legal units and bought the property because it had been advertised with two parking spots in front; said the loss of parking would make it difficult for guests; Chris Wagenbrenner - 19 Eighth Street, said she recently remodeled her home and was not given the option of parking in her front yard, said allowing the six or seven people to keep their parking is rewarding them for not obeying the rules; Susan McFarlane - 25 Eighth Street, concurred with the previous speaker, said the ordinance in place should be enforced, suggested that the City install barriers to emphasize the no-parking rule and to prevent future illegal parking; and George Lands - 17 16th Street, said he was one of the citizens who had worked to put together the proposal that is before Council this evening. Public participation closed at 9:43 P.M. Action: To approve staff alternative number 2), to direct staff to implement the existing ordinance, enforcing the no parking provision on public rights-of-way in front of the properties, and to erect barriers so that the subject areas will no longer be accessible for parking. Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton. The meeting recessed at 9:52 P.M. The meeting reconvened at 9:58 P.M., with all Councilmembers present. 6. IN-LIEU PARKING FEES IN THE DOWNTOWN DISTRICT AND HENNESSEY'S TAVERN REQUEST FOR IN-LIEU PARKING FEES FOR TWO REQUIRED SPACES. Memorandum from Community Development Director Sol Blumenfeld dated January 7, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 10:13 P.M. Coming forward to address the Council was: Paul Hennessey - owner of Hennessey's Tavern, said this incentive was a big part of the reason for the amount of expansion on his project. Public participation closed at 10:15 P.M. Action: To approve the Downtown Business Area Enhancement District Commission recommendation to: 1) modify the previously adopted criteria for distribution of Downtown Enhancement District incentive funds for any new construction of less than 10,000 square feet; and, 2) allocate incentive funds for the required two in-lieu parking spaces for the Hennessey's Tavern expansion. Motion Edgerton, second Benz. The motion carried, noting the dissenting votes of Bowler and Mayor Reviczky. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS - JANUARY 1997 This item had been postponed from earlier in the meeting. Action: Mayor Reviczky directed, with the consensus of the Council, that the remainder of Committee assignments be continued to the next meeting. 9. OTHER MATTERS - CITY COUNCIL a. Request from Councilman Edgerton to consider making lower Pier project all granite in lieu of pressed concrete. Estimated cost was given at about $400,000. Supplemental letter from Dallas Yost of Pacific Screenprint dated January 9, 1997. Councilman Edgerton spoke to his request. No action was taken on this item. CITIZEN COMMENTS - None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Mike Hanlin on Tuesday, January 14, 1997 at the hour of 10:35 P.M. to the Regular Meeting of Tuesday, January 28, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 14, 1997, at the hour of 6:14 P.M. ROLL CALL: Present: Benz, Bowler, Reviczky, Mayor Oakes Absent: Edgerton ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Reading of minutes of Closed Session meeting held on December 17, 1997. 2. CONFERENCE WITH LEGAL COUNSEL, pursuant to Government Code Section 54956.9(b)(3)(E), Anticipated Litigation: A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. ADJOURN TO CLOSED SESSION - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 14, 1997, at the hour of 6:14 P.M. to a Closed Session. The Closed Session convened at the hour of 6:15 P.M. At the hour of 6:45 P.M., the Closed Session adjourned to the Special Meeting. RECONVENE TO OPEN SESSION - The Special Meeting of the City Council of the City of Hermosa Beach reconvened on Tuesday, January 14, 1997, at the hour of 6:46 P.M. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Special Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 14, 1997 at the hour of 6:46 P.M. to the Regular Meeting of Tuesday, January 14, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 28, 1997, at the hour of 7:11 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz (arrived at 8:45 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky spoke regarding the "Toy Drive", recently completed during the Christmas Holidays, and read excerpts from a letter from the Board of the Kenny Nicholson Foundation, one of the recipients of toys, thanking the Council and the community for the donation and telling of the Foundation's distribution of the toys to needy children. PRESENTATIONS: TECHNOLOGY PRESENTATION BY HERMOSA VALLEY STUDENTS AND TERI TSOSIE, DISTRICT TECHNOLOGY COORDINATOR/TEACHER Ms. Tsosie explained the work being done by students at Hermosa Valley School in the computer lab and in creating the School District's "Home Page" for the Internet, and, introduced student Allison Palser, who demonstrated the work that had been created. The address was given as: www.beachnet.gen.ca.us/hvsd/ Councilmember Bowler complimented the school and the students on their very impressive work and said that the City also had its home page up and gave the address as: http://www.hermosabch.org/ PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Daniel Coffey - Redondo Beach, attorney representing some owners of property on the east side of Beach Drive, two letters were presented to the Council claiming that the action taken by the Council at its last meeting violates the United States Constitution as the owner's property was taken without due process, they were denied a full hearing and significant environmental effects were not considered, in violation of CEQA, by the removal of parking; Maureen Gray - Redondo Beach, spoke regarding massage therapy, presented information directly to the Council (City Manager Stephen Burrell clarified that the Council could do nothing regarding the matter tonight and that staff would review the matter and advise the speaker on the procedure to be taken.); Robert Aronoff - Hermosa Film Festival, gave a progress report and said that a $25 per ticket, fundraising "sneak preview" would be held on Thursday, February 13, 1997, in the Civic Theatre of the Community Center, 710 Pier Avenue, with the reception at 7:00 P.M. and the screening at 8:00 P.M.; Bill Dougherty - Arts Hermosa, gave a report on FirstNIGHT 1997; said that they had produced 43 acts in 16 venues, and considered the event quite successful, but, due to the rain earlier in the day, they had not had the crowd that they had hoped for and had lost money; thanked the City staff, Police, Fire, Paramedics and Public Works and all of the volunteers for their efforts; said that Arts Hermosa was going to take a year hiatus and not produce a FirstNIGHT in 1998; Shirley Cassell - Hermosa Beach, requested that items 1(e) and (h) be removed from the consent calendar for discussion; said that Hennesseys had illegally put in the two extra bars and the amplified outside music on the roof deck as the Planning Commission had been very explicit in denying those requests earlier; asked that the Council not appeal the item but to let Hennessey pay for the appeal himself rather than have the City pay the costs of the appeal; Howard Longacre - Hermosa Beach, requested that items 1(c), (d), (h) and (j) be removed from the consent calendar for discussion; thanked Councilmember Benz for agreeing with his letters at the last meeting; John Burt - 1152 Seventh Street, requested that item 1(j) be removed from the consent calendar for discussion; said that he was in favor of Hennesseys having three bars and amplified music outside; and, Kathleen Midstokke - Hermosa Beach, questioned why the Planning Commission item regarding Hennesseys was not continued for a full Commission vote rather than denied on a two-two tie vote; said that she was working for the referendum against the 30-year agreement with the County for a parking structure and if anyone was interested in helping they could contact her. (b) WRITTEN COMMUNICATION: 1. Letter from Candice Younger of Manatt, Phelps & Phillips, representing Patricia Turner, requesting a fee waiver for Conditional Use Permit Application fees. Memorandum from City Manager Stephen Burrell dated January 22, 1997. Action: To continue this item to the Regular Meeting of February 11, 1997, at the request of the City Attorney. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. (c) COUNCIL COMMENTS: Mayor Reviczky directed, with the consensus of the Council, that this item be made to coincide with the Mayor's Comments on the agenda, rather than be separated, in future agendas. 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) Bowler (for Howard Longacre), (d) Bowler (for Howard Longacre), (e) Bowler (for Shirley Cassell), (f) Bowler, (h) Bowler (for Shirley Cassell and Howard Longacre), and (j) Bowler (for Howard Longacre and John Burt.) Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. At this time Councilmember Edgerton requested to remove item 1(i). Final Action: To re-approve the consent calendar recommendations, noting the exceptions listed above and including the removal of item (i) by Councilmember Edgerton. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. At 8:04 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Special Meeting held on January 14, 1997; and, 2) Minutes of the Regular Meeting held on January 14, 1997. Action: To approve the minutes of the Special Meeting of January 14, 1997, and the Regular Meeting of January 14, 1997, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9191 THROUGH 9265, NOTING VOIDED CHECK NO. 9223. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. This item was removed from the consent calendar by Councilmember Bowler (for Howard Longacre) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Howard Longacre - Hermosa Beach, expressed concern regarding the left-turn signal at Aviation and Prospect; said it was an attractive nuisance. Action: To receive and file the tentative future agenda items as presented. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (d) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER, 1996, FINANCIAL REPORTS: (1) City Treasurer's report; and, (2) Investment report. This item was removed from the consent calendar by Councilmember Bowler (for Howard Longacre) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Howard Longacre - Hermosa Beach, questioned the Lighting and Landscape District funds and asked when the City would be abiding by Prop 218 and if the City might have to return funds collected after January of 1995; questioned the balance of funds in the four percent (4%) UUT account and asked if those monies should be rebated to the residents. City Manager Burrell said the City's compliance with Prop 218 would be coming before the Council in March. City Attorney Michael Jenkins said that the City did not have to return funds retroactive to January, 1995, but that was the date after which the voters must give approval for certain taxes. Action: To receive and file the December, 1996, Financial Reports as presented. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. (e) RECOMMENDATION BY THE FORMER CABLE TELEVISION ADVISORY BOARD AND STAFF THAT COUNCIL APPROVE AN ALLOCATION OF $50,000 FROM ACCOUNT #001-3125 TO THE SCHOOL DISTRICT TO PAY FOR MULTIMEDIA LABORATORY EQUIPMENT. Memorandum from Assistant City Manager Mary Rooney dated January 21, 1997. This item was removed from the consent calendar by Councilmember Bowler (for Shirley Cassell) for separate discussion later in the meeting. Assistant City Manager Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned why the City was giving this money to the School District before the Council Chamber was refurbished; suggested that the refurbishment be done first and any remaining monies then be given to the School District. Action: To approve the former Cable Television Advisory Board and staff recommendation to approve an allocation of $50,000 from Grant funds received from Century Communications (total received was $225,000) to the School District to pay for multimedia laboratory equipment. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Benz. (f) RECOMMENDATION TO APPROVE STREET CLOSURE, ALLOCATION OF $5,000 FROM THE DEC FUND, ALLOCATION OF $2,000 FROM PROP A TRANSPORTATION FUNDS FOR SHUTTLE BUS SERVICE, FEE WAIVERS, AND APPROVE CHARGING ACTUAL COSTS ONLY FOR POLICE, FIRE, AND PUBLIC WORKS PERSONNEL FOR THE SAINT PATRICK'S DAY PARADE AND FESTIVAL ON SATURDAY, MARCH 15, 1997. Memorandum from Community Resources Director Mary Rooney dated January 6, 1997. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item was: Travers Devine - Co-Chairperson of the Event, responded to Council questions; told of event expansion plans. Action: To approve the Downtown Business Area Enhancement District Commission (DEC) and staff recommendation to: 1) approve the street closure request from the South Bay Saint Patrick's Day Committee for the Saint Patrick's Day Parade and Festival on March 15, 1997; 2) approve the allocation of $5,000 from the Downtown Business Area Enhancement District Fund; 3) approve a $2,000 allocation from Prop A Transportation Funds to pay for shuttle bus service from Mira Costa High School; 4) approve Fee Waivers for: Event, Banner, Amplification Permit and Parking; 5) approve charging actual costs only (hourly rates per employee) for: Police, Fire and Public Works Personnel; and to add the following requirements: 6) adequate signage to indicate parking areas; 7) post and inform the residents of street closures for Seventh Court and Ninth Court; and, 8) a uniformed police officer for traffic control at Tenth Street and Hermosa Avenue. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (g) RECOMMENDATION BY THE COMMUNITY CENTER FOUNDATION BOARD AND STAFF THAT COUNCIL APPROVE THE SHARED USE OF ROOM C IN THE COMMUNITY CENTER WITH ARTS HERMOSA. Memorandum from Community Resources Director Mary Rooney dated January 14, 1997. Action: To approve the recommendation by the Community Center Foundation Board and staff for the shared use of Room C in the Community Center by the Community Center Foundation with Arts Hermosa. (h) RECOMMENDATION TO AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT WITH GORDON H. CHONG & PARTNERS TO PROVIDE ARCHITECTURAL DESIGN AND ENGINEERING FOR THE PARKING STRUCTURE AT PARKING LOT C IN THE AMOUNT OF $380,000 ONCE AN AGREEMENT WITH COUNTY PROP A IS SIGNED. Memorandum from Public Works Director Amy Amirani dated January 22, 1997. This item was removed from the consent calendar by Councilmember Bowler (for Shirley Cassell and Howard Longacre) 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 were: Shirley Cassell - Hermosa Beach, said that the total amount of this contract was $430,000 as $50,000 was available as a contingency amount; said the City should be more careful of its money and not sign this contract before the County had paid; and, Howard Longacre - Hermosa Beach, expressed his concerns as: 1) the staff item contained no paperwork on the other proposals; 2) the ten foot encroachment on 13th Street, questioned the exact area; 3) the possibility of any work being done before the county agreement is finalized; and, 4) the actual contract was not included in the agenda item; asked that this item be continued in order to have more information. Action: To continue this item to the Regular Meeting of February 11, 1997. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 21, 1997. Supplemental letter from Jim Lissner, 2715 El Oeste Drive received January 28, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Action: To appeal the decision of the Planning Commission to deny the request of Hennessey's Tavern (Item 14) for CUP amendments to allow two additional service bars and amplified music on the roof-top seating area. Motion Edgerton, second Benz. (Note: the consent of two Councilmembers only is needed to appeal an item, there is no need for a majority vote of the Council.) Final Action: To approve the staff recommendation to receive and file the remainder of the action minutes from the Planning Commission meeting of January 21, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING PREPARATION OF APPLICATION FOR TRANSPORTATION IMPROVEMENT PROGRAM (T.I.P.) FUNDS FOR RECONSTRUCTION OF THE STRAND BIKEWAY AND STRAND WALL; AND, FOR THE CONSTRUCTION OF THE BIKEWAY ENDING AT STRAND AND 35TH STREET TO CONNECT WITH THE BIKEWAY IN MANHATTAN BEACH. Memorandum from Public Works Director Amy Amirani dated January 23, 1997. Supplemental letter from James A. Hamilton, 3417 The Strand, received January 28, 1997. This item was removed from the consent calendar by Councilmember Bowler (for Howard Longacre and John Burt) for separate discussion later in the meeting. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the council on this item were: John Burt - 1152 Seventh Street, objected to bicycles on the Strand, felt it should be for pedestrian use only and that funds used for improvements should be given back; and, Howard Longacre - Hermosa Beach, questioned if the Council would, in a few years, come back to try to get the funds for a separate bikepath on the sand, and if applying for these funds might jeopardize any chance for future funds as this was the second bikepath applied for in this area; questioned if this version was to be the bikepath or not. Action: To approve the staff recommendation to adopt Resolution No 97-5843, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR TRANSPORTATION IMPROVEMENT PROGRAM FUNDS FOR THE RECONSTRUCTION OF THE STRAND PEDESTRIAN & BIKEWAY AND STRAND WALL BETWEEN 24TH AND 35TH STREET.", as amended to delete the phrase, "....AND FOR CONSTRUCTION OF THE BIKEWAY ENDING AT STRAND AND 35TH ST. TO CONNECT WITH THE BIKEWAY IN MANHATTAN BEACH." in the title, and, on page 1, lines 17.5 through 20, to delete the paragraph, "WHEREAS, the City of Hermosa Beach desires to construct a portion of the bikeway which ends at Strand and 35th Street in the City of Hermosa Beach to connect with the existing bikeway in Manhattan Beach." Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(c), (d), (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. PUBLIC HEARINGS 4. ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, TWO-FAMILY RESIDENTIAL, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 322 ARDMORE AVE., 603 & 623 3RD STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 9, 1996, with an Ordinance for introduction and waiver of full reading. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:06 P.M. Coming forward to address the Council on this item was: Bob Catalano - property owner, requested that the zoning not be changed for his property. The public hearing closed at 8:09 P.M. Proposed Action: To: 1) approve the zone change; and, 2) waive full reading and introduce an Ordinance entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM M-1 (LIGHT MANUFACTURING) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED AT 603 AND 623 3RD ST. AND 322 ARDMORE AVENUE LEGALLY DESCRIBED AS EASTERLY 30' AND WESTERLY 60' OF LOTS 44, 45, AND 46, WALTER RANSOM CO's VENABLE PLACE TRACT." Motion Mayor Reviczky, second Bowler. AYES: Bowler, Mayor Reviczky NOES: Edgerton, Oakes ABSENT: Benz The motion failed. There was no further action taken at this time. City Manager Burrell said that all of the parcels would be brought back for Council review at the last meeting in March. 5. REPORT ON THE MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURALLY SIGNIFICANT STRUCTURES. Memorandum from City Manager Stephen Burrell dated January 21, 1997, with an Ordinance for waiver of full reading and adoption as an urgency matter . City Manager Burrell presented the staff report and responded to Council questions. The public hearing opened at 8:36 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, stated that the City should not take the man's property away from him; said the City could lose the property taxes and that the moratorium would not preserve the interior of the building, only the exterior; Kathleen Midstokke - Hermosa Beach, questioned the legal noticing for this item, said that the newspaper announcement had not appeared ten days in advance of the meeting as required by State Code; and, Joe Naughton - 615 Esplanade, Redondo Beach, property owner, said this action would deprive him of his ownership rights and present a great economic hardship to him; said that he considered the property as two separate buildings and that he wanted to preserve the building facade on Hermosa Avenue and keep the office/commercial use, but tear down the auditorium structure rather than pay to retrofit it as the theatre could not survive on its own without a large subsidy. Councilmember Benz arrived at 8:45 P.M. Continuing to come forward to address the Council on this item were: Carolyn Barbrey - property tenant, spoke of her experience with fund raising projects; said that she had talked with someone interested in the theatre as a single screen theatre; spoke of the prominence of the architect, Mr. King, and said that Hermosa Beach had no focal "Point of Interest" that the theatre could provide; Judy Garland - Cypress Avenue, said those trying to save the theatre did not want to usurp the rights of the property owner but to work with him to save the theatre use; said she received phone calls every day from people concerned that the theatre be kept going; Robert Aronoff - Hermosa Beach Film Festival, said that the Festival had no position on the proposed moratorium but that everyone hoped that the theatre could be saved; Howard Longacre - Hermosa Beach, said that he did not want to see government involved in dictating the use of private property; said that a historical designation would not save the interior of the building; suggested that the Council see what the hotel developer, Mr. Keenan, had done with the former Varsity Theatre in Palo Alto; Patricia Spiritus - 1610 The Strand, said that the City needed to work with the property owner; spoke of the theatre complex in Inglewood that was going in to try to restore family directed entertainment; said that a theatre would be a great anchor for the downtown area; and, Joe Naughton - property owner, said that theatre chains were only interested in sixplexes or larger units and there was not enough room on his property to do this unless his property could be combined with City lot behind his building. The public hearing closed at 9:03 P.M. City Attorney Jenkins responded to Council questions and said that the time of ten months and 15 days was chosen as the balance of the first year (of the two year maximum) when added to the 45 day urgency ordinance passed earlier. Mr. Jenkins said that the Council could rescind this ordinance at any time and that he considered the noticing adequate as the affected building owners had been notified, the buildings posted, and posting had occurred in three public places plus the newspaper advertisement. Mr. Jenkins continued by saying that a historical designation could preserve the interior of a building but it could not preserve a use. Action: To: 1) receive and file the report; and, 2) waive full reading and adopt Ordinance No. 97-1169 - U, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF.", as an urgency ordinance for a period of ten months and 15 days which will extend the moratorium to December 16, 1997. Motion Edgerton, second Bowler. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None The meeting recessed at the hour of 9:25 P.M. The meeting reconvened at the hour of 9:45 P.M. 6. MUNICIPAL PIER RENOVATION - APPROVAL OF DESIGN. Memorandum from Public Works Director Amy Amirani dated January 21, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. The public hearing opened at 9:52 P.M. Coming forward to address the Council on this item were: Rick Bohner - 935 Monterey, structural engineer, said that his company wished to offer a competitive bid for a material to replace steel; Shirley Cassell - Hermosa Beach, questioned if the City could contract with a restaurant to build its own building and just rent the property from the City; Howard Longacre - Hermosa Beach, questioned the revenue sources listed with the item, specifically the four percent (4%) UUT, sewer fund and Lighting and Landscape District funds; and, John Burt - 1152 Seventh Street, said that he would like to have a restaurant similar to those in Redondo Beach and suggested that the City tear down the entire Pier and build a new one. The public hearing closed at 9:59 P.M. Action: To approve the staff recommendation to: 1) adopt an Environmental Negative Declaration for the Municipal Pier Renovation Project by adopting Resolution No. 96-5842, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT AN ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PIER AND PIER PLAZA RENOVATION PROJECT."; and, 2) Direct staff to solicit proposals for construction of a restaurant to be located at the end of the pier. And, to add that the Pier sub-committee meet with staff to determine the alternatives and return with a report for the meeting of March 11, 1997. Motion Oakes, second Edgerton. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None MUNICIPAL MATTERS 7. 1995-96 COMPREHENSIVE ANNUAL FINANCIAL REPORT (INCLUDING REPORT FROM INDEPENDENT AUDITOR.) Memorandum from Finance Director Viki Copeland dated January 23, 1997. Finance Director Copeland presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the report. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SALES TAX UPDATE (SB1997) LEAGUE APPOINTMENT OF TASK FORCE. Memorandum from City Manager Stephen Burrell dated January 28, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1) support the concept of the return of an additional 1% sales tax to cities on a population basis; 2) direct a letter to the League of California Cities supporting appointment of the City of Covina to task force; and, 3) authorize expenditure of $250 to financially support this effort. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a) CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated January 21, 1997. Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions. Action: To approve the continuation of the current delegates and alternates to the remaining City Council committees and sub-committees with the following exceptions: 1) Councilmember Benz will replace Mayor Reviczky as the delegate to the West Basin Water District; and, 2) to eliminate the Crossing Guard sub-committee Motion Bowler, second Edgerton. The motion carried by a unanimous vote. b) SCHEDULE MEETING WITH SUPERVISOR KNABE. Memorandum from City Manager Stephen Burrell dated January 23, 1997. Action: Mayor Reviczky directed, with the consensus of the Council, that a meeting with Supervisor Knabe be scheduled for Tuesday, March 4, 1997, at the hour of 7:00 P.M. 10. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS: Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, said that he approved of the meeting with Supervisor Knabe; said that shops of the type found in the malls were needed for the parking garage; Howard Longacre - Hermosa Beach, said the meeting with Supervisor Knabe must be a public meeting and that it should be televised; and, Parker Herriott - 24th Street, spoke against the proposed downtown parking structure and its financing; said that he was working on a referendum of the agreement with the County for the parking structure. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL - The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Lissner v. City of Hermosa Beach Case Number: BS041936 b. Anticipated Litigation: Pursuant to Government Code Section 54956.9(b) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council. Number of potential cases: 1 Statement made by Mr. Trott outside an open meeting of City regarding a threat of litigation and a record of the statement made by the City's special labor counsel, Richard Kreisler. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - pursuant to Government Code Section 54957: City Manager ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 28, 1997, at the hour of 11:35 P.M. to a closed session. The closed session convened at the hour of 11:40 P.M. At the hour of 11:55 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - It was announced by City Attorney Jenkins that the following action had been taken: Action: To defend litigation in the case of Lissner v. City of Hermosa Beach; Case Number: BS041936. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Jim Wilcox, Crossing Guard at Hermosa Valley School, on Tuesday, January 28, 1997 at the hour of 11:55 P.M. to the Regular Meeting of Tuesday, February 11, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 11, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Bill Dougherty, Arts Hermosa ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: None CERTIFICATES OF RECOGNITION TO BILL DOUGHERTY & DONNA LOVE Mayor Reviczky presented Certificates of Recognition to Bill Dougherty, retiring President of Arts Hermosa, and to Donna Love, retiring Artistic Director for FirstNIGHT, and thanked them both for the two years of service they had given to the community for FirstNIGHT 1996 and FirstNIGHT 1997. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Gary Wayland - 1097 Aviation Boulevard, thanked Bill Dougherty and Donna Love for their work with FirstNIGHT; voiced support for the parking structure as following the R/UDAT guidelines; said that as a CPA he could see the cash flow as an enhancement to the City and as the President of Vision Hermosa he could see the augmented parking as a means to entice needed retail stores to the downtown area; Missy Sheldon - 1800 The Strand, expressed her support for the parking structure; expressed concern regarding the petition drive to stop the parking structure as people were being told it would be a huge box, which was not true; said the structure would be within the height limit of 30 feet and would be set back 30 feet from Hermosa Avenue with retail stores; Todd (last name indistinct) - landscape architect; spoke in favor of the parking structure and asked that people review the preliminary design to make up their own minds before signing the petition; Steve Yeager - 13 19th Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said that would cause 14 more cars to be looking for parking spaces on Hermosa Avenue and that the City had not addressed this fact through an E.I.R.; said the two sides of the street were not being treated the same and that he was in favor of the parking structure; Dean Nota - 2467 Myrtle Avenue, expressed his concern with the petition drive and the things being told to people to try to get them to sign the petition; said that he supported the hotel and the parking structure in the downtown area as it had been a public process with innumerable open public meetings since 1992; Ken Coleman - 41 19th Street, urged the Council to vacate the City property on the walk streets as it would never be used for vehicular traffic; Bob Blaine - 19 Fifth Street, spoke in opposition to enforcing parking restrictions on Beach Drive; questioned if Council had received his letter of November 19, 1996; said that he had four legal non-conforming units and five garages; submitted information; Robert Viault - 49 Fifth Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said he was in favor of further consideration by the Council; Don Haggarty - 1550 Prospect, spoke in opposition to enforcing parking restrictions on Beach Drive; said that allowing the Strand parking had set a precedent for the City; said that the enforcement on the east side of Beach Drive created a double standard; said that the Councilmembers could be held personally liable; Jim Hamilton - Torrance, realtor, spoke in opposition to enforcing parking restrictions on Beach Drive; said this would affect property values and that the parking should be grandfathered; William McCaughlin - 71 19th Street, spoke in opposition to enforcing parking restrictions on Beach Drive; Tracy Lizotte - Lifeguard, spoke in favor of the parking structure and the agreement with the County; said that this would supply a steady revenue source that would allow the lifeguards to remain in Hermosa Beach; applauded the Council on its foresight; John Burt - 1152 Seventh Street, said that the City needed the parking structure both for parking and for the revenue; Jim Lissner - Hermosa Beach, said that the City was not following the R/UDAT plan for the downtown; submitted information; John Moto - 19½ Eighth Court, said it was not fair to enforce the parking restrictions for those on the east side of Beach Drive when those living on the west side of the street (on The Strand) were allowed parking; Al (last name indistinct) - 18 19th Street, said that he was one of the affected property owners; questioned who was being protected by enforcing the parking restrictions; questioned why he was being treated differently than his neighbor to the west; Carol Duff - Chamber of Commerce, said that the proposed parking structure would add 380 parking spaces that could alleviate these parking problems; said that the 380 parking spaces were needed to attract quality retailers as quality retailers would not consider an area that did not have this amount of available parking; Evelyn Stotten - 16 Beach Drive, spoke in opposition to enforcing parking restrictions on Beach Drive; said the enforcement would create a hardship on her as she rented the downstairs of her house, which had been built for the parking on Beach Drive; George Lanz - 17 16th Street, spoke in opposition to enforcing parking restrictions on Beach Drive; said this was not consistent with the action taken on the west side of Beach Drive; submitted information. (b) COUNCIL COMMENTS: Action: Mayor Reviczky directed, with the consensus of the Council, that staff return with the information on the process for vacation of property on the walk streets. At 8:14 P.M. the order of the agenda was suspended to go to the consent calendar, item 1. (c) WRITTEN COMMUNICATIONS 1. Letters from Candice Younger of Manatt, Phelps & Phillips, representing Patricia Turner, dated January 17, 1997 and January 27, 1997, requesting a fee waiver for Conditional Use Permit Application fees. Supplemental memorandum from City Manager Stephen Burrell received February 11, 1997. City Manager Burrell presented the staff report. Coming forward to address the Council on this item was: Candice Younger - author of the letter, said that both she and her client were satisfied with the staff report. Action: To approve the staff recommendation to reduce the fees to the approximate mailing costs of $376.50 for this hardship application regarding expanded child care use only. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. 2. Letter from Savitri Carlson and letters from Daniel Coffey dated January 28, 1997 and February 5, 1997 requesting reconsideration of action taken on January 14, 1997 regarding Eastside Beach Drive parking. Coming forward to address the Council on this item were: Savitri Carlson - Hermosa Beach, said that she had a legal right to this parking and needed it to protect the health of her son; and, Daniel Coffey - attorney representing some Beach Drive residents, spoke to his letters; read from his written statements; and, submitted information. City Attorney Michael Jenkins responded to Councilmember Edgerton's question of a conflict of interest due to his residence by saying that Mr. Edgerton could stay in his seat but could not participate in the discussion. Mr. Jenkins also clarified that there was no administrative record for this matter as the City Council had been requested to change the law and had declined, therefore no action had been taken. He continued that a response would be drafted and delivered to Mr. Coffey shortly. Action: To direct staff to respond to these written communications. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz and the abstention of Edgerton. The meeting recessed at 8:38 P.M. The meeting reconvened at 9:05 P.M. and returned the order of the agenda to Municipal Matters, item 5. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g). Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. At 8:16 P.M. the order of the agenda was suspended to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on January 28, 1997. Action: To approve the minutes of the Regular Meeting of January 28, 1997, as presented. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9266 THROUGH 9433 AND TO APPROVE CANCELLATION OF CHECK NOS. 9032, 9003, 9214 AND 9316 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JANUARY 15, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission Meeting of January 15, 1997. (Benz absent) (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Robert Blackwood dated January 30, 1997. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : Claimant: Sea Sprite Hotel Date of Loss: 10/26/96 Date Filed: 1/27/97 Allegation : Claimant alleges "negligence in work and maintenance on the storm drains" led to storm water damage to property when the Pier Avenue storm drain clogged and water backed up. (Benz absent) (f) RECOMMENDATION TO RECEIVE AND FILE REPORT ON REVIEW OF CONDITIONAL USE PERMIT AMENDMENT 96-4 - BOTTLE INN RESTAURANT. Memorandum from Community Development Director Sol Blumenfeld dated January 30, 1997. Action: To approve the staff recommendation to receive and file the report on review of Conditional Use Permit amendment 96-4 - "Bottle Inn", as staff has received no complaints related to the extended hours of operation of the outdoor seating area. (Benz absent) (g) RECOMMENDATION TO RECEIVE AND FILE THE DECEMBER, 1996, REVENUE AND EXPENDITURE REPORT. Memorandum from Finance Director Viki Copeland dated February 6, 1997. Action: To receive and file the December, 1996, Revenue and Expenditure report as presented. (Benz absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION There were no items removed from the consent calendar. PUBLIC HEARINGS 4. '97 - '98 LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated February 3, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:18 P.M. Action: To approve the staff recommendation to approve the expenditure of the Third Year, 97-98 grant estimated allocation of $142,594, and any additional allocation or funding for the removal of architectural barriers to the disabled at the Community Services facility, all parks, and for identifying any obstruction on public streets and sidewalks. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. At the hour of 8:19 P.M. the order of the agenda was returned to Written Communications, item (c)1. MUNICIPAL MATTERS 5. MID-YEAR BUDGET REVIEW 1996-97. Memorandum from Finance Director Viki Copeland dated February 6, 1997. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell announced that a supplemental letter had been received just prior to the meeting from Jim Lissner. Action: To approve the staff recommendation to approve the revisions to estimated revenue, appropriations, budget transfers and fund balances. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request by Mayor Reviczky to direct staff to draft a resolution requesting that the current Post Office policy which allows only the United States flag and the Postal Service flag to be displayed be modified to allow local post offices to display, at the discretion of each local post office, the nationally recognized POW/MIA flag. Letter from City of Lomita dated February 5, 1997. Mayor Reviczky spoke to his request. Action: To direct staff to draft a resolution requesting that the current Post Office policy which allows only the United States flag and the Postal Service flag to be displayed be modified to allow local post offices to display, at the discretion of each local post office, the nationally recognized POW/MIA flag. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time were: Howard Longacre - Hermosa Beach, asked various questions responded to below and spoke against a left-turn arrow at the Prospect/Aviation intersection; and, John Burt - 1152 Seventh Street, spoke regarding Prospect/Aviation intersection safety concerns. Mayor Reviczky and City Manager Burrell responded to Mr. Longacre's questions by saying that the Prospect/Aviation left-turn signal would be on the agenda of the meeting of February 25, 1995; the parking structure design probably would be on the agenda of the meeting of March 11, 1997, but this was not absolute; the use of the ten foot encroachment was a design issue for the parking structure but at least a part of it probably would be used; and, that the City did not know if the parking structure agreement had been signed by the County. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL - The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Existing Litigation: Pursuant to Government Code Section 54956.9(a) Name of Case: Lissner v. City of Hermosa Beach Case Number: BS041936 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 28, 1997, at the hour of 9:25 P.M. to a closed session. The closed session convened at the hour of 9:30 P.M. At the hour of 9:45 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 11, 1997, at the hour of 9:45 P.M. to the Regular Meeting of Tuesday, February 25, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, February 25, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - John Hales ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that Opening Day ceremonies for the Hermosa Beach Little League will take place Saturday, March 1, 1997 at Clark Stadium, beginning at 10:00 A.M. He also announced that a pancake breakfast fundraiser benefiting the Hermosa Beach Little League will take place Sunday, March 9, 1997 from 8:00 A.M. to noon at the Kiwanis Club, noting that tickets are available at $4 for adults and $2 for children. City Manager Burrell requested changing the agenda by moving Consent Calendar Item 1(i) to Municipal Matters due to all of the additional information distributed this evening. Action: Mayor Reviczky, with the consensus of the City Council, so ordered the requested agenda change. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, requested that Item 1(b) be removed from the Consent Calendar; John Burt - Hermosa Beach, requested that Item 1(g) be removed from the Consent Calendar; and Rick Hankus - 157 Pier Avenue, submitted directly to Councilmembers copies of four letters which he said the Chamber of Commerce had received from citizens in support of the downtown parking structure; said the parking structure is needed to attract retail in the downtown, to protect resident parking spots from beach-goers and others, and to provide parking for people going to the beach, movies and restaurants who would gladly pay to park in a convenient location. (b) COUNCIL COMMENTS - None (c) WRITTEN COMMUNICATION 1. Letter from Howard Longacre dated February 19, 1997 regarding use/vacation of 10 feet of north side of 13th Street between Hermosa Avenue and Beach Drive on which to construct parking structure. Coming forward to address the Council on this item was: Howard Longacre - Hermosa Beach, spoke to his letter and requested information pertaining to the 13th Street right-of-way. Action: To direct staff to respond. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 1. CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Oakes [at the request of Shirley Cassell], (d) Benz, (e) Bowler, and (g) Edgerton [at the request of John Burt]. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on February 11, 1997. Action: To approve the minutes of the Regular Meeting of February 11, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9435 THROUGH 9533, NOTING VOID CHECK NO. 9477. This item was removed from the consent calendar by Councilmember Oakes at the request of Shirley Cassell for discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, cited two checks, No. 9453 dated February 12, 1997 and No. 9532 dated February 13, 1997, each made out for $16,786.08 to Colen & Lee, and asked if there had been an error since both checks are for exactly the same amount, dated one day apart. City Manager Burrell responded to Council questions. Action: Mayor Reviczky, with the consensus of the Council, directed that action on this item be postponed to later in the meeting pending clarification from staff pertaining to the two checks in question. (At 10:40 P.M., the City Council resumed its consideration of this item.) City Manager Burrell reported that one of the checks was issued in error, has been canceled, and will appear as a canceled check on the next check register. Final Action: To ratify the check register as presented. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. (At 10:41 P.M., the order of the agenda was returned to Citizen Comments.) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JANUARY, 1997 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 discussion later in the meeting due to questions pertaining to the Fire Department overtime and Crossing Guard accounts. City Manager Burrell responded to Council questions. Action: To receive and file the January, 1997 Financial Reports as presented. Motion Benz, second Mayor Reviczky. The motion carried by a unanimous vote. (e) Recommendation to waive formal bid process per HBMC 3.12.140 and approve purchase of a new digital recording system for the police and fire communications center from the Dictaphone Corporation. Memorandum from Police Chief Val Straser dated February 12, 1997. This item was removed from the consent calendar by Councilmember Bowler for discussion later in the meeting due to questions about the bid process. Police Chief Straser responded to Council questions, noting the bidding process for this was done by the State. Councilmember Benz questioned the accuracy of the equipment price if the date of the original bid was in 1994, noting that the state-of-the-art has changed significantly since then and the pricing may actually be lower now. Action: To continue this item to the next meeting with direction to staff to report back with information on the bid date and the accuracy of the equipment pricing. Motion Bowler, second Benz. The motion carried by a unanimous vote. (f) Recommendation to award bid to SJM Communications for the purchase of portable radios for the Police Department. Memorandum from Police Chief Val Straser dated February 12, 1997. Action: To approve the staff recommendation to award a bid in the amount of $7,394.56 to SJM Communications of El Segundo, California, for the purchase of nine portable radios for the Police Department. (g) Recommendation to approve amendment to City Manager's employment agreement effective January 1, 1997 to December 31, 1997. Memorandum from Mayor Reviczky and Councilmember Oakes dated January 30, 1997. This item was removed from the consent calendar by Councilmember Edgerton at the request of John Burt for discussion later in the meeting. Coming forward to address the Council on this item was: John Burt - 1152 Seventh Street, commented on the proposed salary amendment to the City Manager's employment agreement; expressed support. Action: To approve an amendment to the City Manager's employment agreement effective January 1, 1997, through December 31, 1997, which will increase the amount of compensation to $106,000.00 annually. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (h) Recommendation to set workshop dates of Thursday, May 29 and Thursday, June 12, 1997 at 7:10 P.M. for review of the 1997-98 budget. Memorandum from Finance Director Viki Copeland dated February 19, 1997. Action: To approve the dates of Thursday, May 29 and Thursday, June 12, 1997 at 7:10 P.M. for review of the 1997-1998 budget. (i) Recommendation to award signal modification contract to TDS Engineering in the amount of $75,000 for left turn signal at Aviation Boulevard and Prospect Avenue. Pursuant to action taken at the beginning of the meeting under Mayor's Comments/Announcements, this item was removed as a consent calendar item and placed instead under Municipal Matters, and is shown as item 6, with the subsequent agenda items renumbered accordingly. (j) Recommendation to adopt resolution urging local post office branches to fly the nationally recognized POW/MIA flag. Memorandum from City Manager Stephen Burrell dated February 20, 1997. Action: To adopt Resolution No. 5845, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING LOCAL POST OFFICE BRANCHES TO FLY THE NATIONALLY RECOGNIZED POW/MIA FLAG." (k) Recommendation to receive and file action minutes from the Planning Commission meeting of 2/18/97. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of February 18, 1997. 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (d), (e), and (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS: 4. APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A VARIANCE TO ALLOW A REMODEL AND ADDITION TO A SINGLE-FAMILY DWELLING RESULTING IN 13' GARAGE SETBACK RATHER THAN THE REQUIRED 17' AT 544 GRAVELY COURT. Memorandum from Community Development Director Sol Blumenfeld dated February 18, 1997, with Resolution for adoption. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Mike Jenkins responded to Council questions. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item were: Jack Wood - project engineer, said the owners want to provide their guest parking inside their garage rather than in front of their building, and extending the garage deeper into the slope to accommodate a four-car garage and conform to the required 17-foot front setback would cost an additional $25,000; said the four required variance findings can be met because the 60-foot lot is extraordinary due to its uphill grade and its small size, being among only 20 lots of that size, less than 1 percent of all lots in the city; said the ordinance makes no sense on Gravely Court since the six lots are merely 10 feet larger than what are considered by the City to be half-lots; said a 17-foot setback is 28 percent of the lot and applying the ordinance to that size lot deprives the owners of a substantial property right enjoyed by others; said this is a short, narrow, dead-end street, and there would be no detriment to the public welfare, and no conflict with the General Plan since there is no change in use; Langley DeFries - property owner/appellant, said putting the guest parking inside their enclosed garage would be better for security and safety reasons; expressed concern that a 17-foot driveway would simply become a handy turn-around for use by all the traffic that has turned onto the dead-end street in error; Claudia DeFries - property owner/appellant, urged Council to grant the requested variance; and Shirley Cassell - Hermosa Beach, spoke in support of the request and urged the Council to grant it. The public hearing closed at 8:21 P.M. Action: To deny the appeal, sustain the decision of the Planning Commission and adopt Resolution No. 5846, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION DECISION TO DENY A REQUEST FOR A VARIANCE FROM THE PARKING SETBACK REQUIREMENTS AT 544 GRAVELY COURT." Motion Mayor Reviczky, second Bowler. AYES: Bowler, Edgerton, Oakes, Mayor Reviczky NOES: Benz Action: To direct staff to study and bring back for Council review the reasonableness of the 17-foot garage setback requirement, using this project as a case in point, and the tandem parking requirements, including the amount of square footage required whether the parking is enclosed or outdoors. Motion Benz, second Oakes. The motion failed due to the dissenting votes of Bowler, Edgerton and Mayor Reviczky. At 8:44 P.M. the meeting recessed. At 9:06 P.M. the meeting reconvened. 5. APPEAL OF PLANNING COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT AMENDMENT FOR A RESTAURANT WITH ON-SALE ALCOHOL AND OUTDOOR SEATING: 1) TO ALLOW TWO BAR SERVICE AREAS NOT PREVIOUSLY IDENTIFIED ON PLANS AND, 2) TO ALLOW AMPLIFIED MUSIC ON THE ROOF-TOP SEATING AREA, AT 2, 4 & 8 PIER AVENUE, HENNESSEY'S TAVERN. Memorandum from Community Development Director Sol Blumenfeld dated February 18, 1997 with a Resolution for adoption. Councilmember Bowler announced that he would not participate in the consideration of this item due to a potential conflict of interest, since Hennessey's is a competitor of his. He then stepped down from the dais. City Attorney Mike Jenkins responded to Council questions, saying he had not formally ruled that there was an actual financial conflict of interest, but in his opinion, just the appearance of a potential impropriety was sufficient for Councilmember Bowler to consider stepping down. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 9:22 P.M. Coming forward to address the Council on this item were: Paul Hennessey - appellant, said there was confusion concerning the two bar service areas, noting that they had been included in the construction documents and the full-detail plans, which were stamped and returned to him, clearly show the bar and bar operations, and he was unaware at the time of the Planning Commission's intention to deny them; said the additional bars were necessary in order to service customers in a rapid manner and it would otherwise take too long for employees to serve customers in the expanded seating areas; pointed out that alcohol may be consumed throughout the entire establishment, including the rooftop area, regardless of where the bars are located; said the business' alcohol license would be changed from a bar license to a restaurant license; Shirley Cassell - Hermosa Beach, said the applicant should accept the conditional use permit as it was approved by the Planning Commission; spoke in opposition to outdoor amplified music and allowing three bars instead of one; Traverse Divine - 38-B Eighth Street, spoke in support of the project, which he said is now a family type restaurant; said the bar upstairs has no seats and is simply for service and the smaller bar downstairs seats just a few people; John Burt - 1152 Seventh Street, spoke in support of the request and urged the Council to approve; John Hales - Hermosa Beach, spoke in favor of the project, noting it has had no negative effect on the neighborhood; Parker Herriott - Hermosa Beach, said amplified music can be heard down the street at Noble Park; expressed concerns about rooftop dining, resident notification and changing the serene atmosphere to a rowdy, festival type; Patricia Spiritus - 1600 Strand resident and downtown business owner, said quick service allows the customers to relax and better enjoy their meal; said the applicant put a lot of money into revitalizing his business and cannot make it work without the two new service bars; Michael Keagan - 1107 Loma Drive, said he owned two restaurants in Manhattan Beach and that the Planning Commission should not be directing the layout of restaurants, telling restaurateurs where to set up their kitchens or where to place their bars and service areas; said this did not take place in other cities, that their function is to consider the use rather than the interior layout of a business; Pam Wilson - 1107 Loma Drive, spoke in favor of the project with its improved facility and expanded menu; said the applicant is a responsive business person and should be supported; Brian Beckman - general manager of Hennessey's, said there was some confusion concerning the amplified rooftop music, that the two speakers on the deck work on a separate system and the intent was to create a background-music atmosphere, not a noisy situation; and Bridget Evans - Hermosa Beach resident and employee of Hennessey's, spoke in support and urged the Council to support the project. The public hearing closed at 9:50 P.M. Action: To approve the staff recommendation to: 1) reverse the decision of the Planning Commission; 2) approve the amendment to Conditional Use Permit (CUP) No. 96-11; and, 3) adopt Resolution No. 5847, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REVERSING THE DECISION OF THE PLANNING COMMISSION, ON APPEAL, TO APPROVE A CONDITIONAL USE PERMIT, AS AMENDED, AND A PARKING PLAN TO ACCEPT IN-LIEU PARKING FEES, TO ALLOW EXPANSION OF AN EXISTING BAR AND RESTAURANT WITH ON-SALE ALCOHOL AND LICE ENTERTAINMENT INTO THE ADJACENT BUILDING SPACE TO THE WEST AND TO ADD A ROOF-DECK, AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 4 & 8 PIER AVENUE, LEGALLY DESCRIBED AS THE WESTERLY 75 FEET OF THE NORTHERLY 45 FEET OF LOT 5, BLOCK 12, HERMOSA BEACH TRACT." Motion Benz, second Edgerton. AYES: Benz, Edgerton, Oakes, Mayor Reviczky NOES: None ABSENT: Bowler Councilmember Bowler returned to the dais at 10:08 P.M. MUNICIPAL MATTERS: 6. Recommendation to award signal modification contract to TDS Engineering in the amount of $75,000 for left turn signal at Aviation Blvd. and Prospect Avenue. Memorandum from Public Works Director Amy Amirani dated February 19, 1997. Supplemental letter of support for the signal with additional information received February 24, 1997 from Lily Anderson, 1224 11th Place. Two supplemental letters of support for the signal received February 25, 1997 from Amy Disparte, 2044 Prospect Avenue, and Alma Nixon, 1228 Harper Avenue, Redondo Beach. Supplemental letter from Howard Longacre, 1221 Seventh Place, received February 24, 1997 in opposition to the signal. Supplemental letter from James Lissner, 2715 El Oeste Drive, received February 25, 1997, in opposition to the use of Landscape and Lighting District funds. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Mike Jenkins also responded to Council questions concerning the questioned use of Landscaping and Lighting District funds for the project, saying there was no merit to the arguments against the use of the funds because: 1) it was staff's position that the project is not a capital improvement but rather is a maintenance project, as maintenance is defined in the Landscaping and Lighting Act; 2) the increase in assessments occurred in the 1995-96 fiscal year and mailed notice was not required because an exception exists for citywide assessments proposed to pay operation and maintenance expenses; and 3) this was simply the approval of a contract for a project that was approved by the City Council in 1996, and the time to contest the use of these funds was last year at that time. Coming forward to address the Council on this item were: Parker Herriott - Hermosa Beach, noted the school located on Prospect Avenue and asked if a traffic study had been done; said he would expect that a left-turn signal would cause an increase in traffic on Prospect Avenue; agreed there is a safety problem with the intersection but did not know if the signal would solve it; John Burt - 1152 Seventh Street, expressed his concerns about safety issues with regard to the subject intersection; Gene Dreher - 1222 Seventh Place resident, east of Prospect Avenue, said the installation of a left-turn signal is a good safety measure but suggested that there be a study of an overall traffic plan for Prospect Avenue instead of continually taking a piece-meal approach; Ed Chenjigeon - 1215 11th Place, said his house overlooks the intersection and there have been numerous accidents, almost weekly, and many of them serious, involving drivers turning left onto southbound Prospect Avenue; spoke in support of the left-turn signal; Lily Anderson - 1224 11th Place, spoke in support of the left-turn signal; referred to her supplemental submittal and said there have been too many accidents at that intersection; Don Olesky - 1249 11th Place, expressed concern about the intersection; said the left-turn signals are important from a safety viewpoint and will avert future accidents; Howard Longacre - Hermosa Beach, submitted copies of a hand-drawn map showing the area between El Segundo and the Palos Verdes Peninsula, the current commuter routes and the abandoned Flagler Lane route in Redondo Beach; said the left-turn signal will provide easier access for even more commuter traffic which will affect the quality of life of the area residents; said commuters are only incidentally bothered by the numerous stop signs along Prospect Avenue; objected to the funding source being used for the installation of traffic signals; and Carol Duff - Clark Lane, said she resides within 100 yards of the subject intersection; said the traffic already exists along Prospect Avenue and the left-turn signal will simply make the intersection safer; said she and her immediate neighbors are in support of it. Action: To approve the staff recommendation to: 1. Award the Signal Modification contract to TDB Engineering of Westlake Village, California, for an amount of $75,000 and authorize the Mayor to sign the contract; 2. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $86,250; and, 3. Direct the City Clerk to reject all other bids and release all bid bonds after award by City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contact bonds; and directed staff to study the Prospect Avenue traffic issues and bring the matter back for Council review at a future meeting. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Reviczky to discuss prohibiting skateboards at the Veteran's Memorial. Mayor Reviczky spoke to his request and expressed concern about the damage that skateboarding has caused at the site. Action: To direct staff to post the Veteran's Memorial area with "No Skateboarding" signs. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. b. Request from Councilmember Benz to discuss the formation of a "LastNight" Association. Supplemental information regarding a "LastNight" organization received February 25, 1997. Councilmember Benz spoke to his request. Action: To form a City Council subcommittee comprised of Councilmembers Benz and Edgerton to look into the formation of a "LastNight" organization for a New Year's Eve celebration in the downtown area. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (At 10:40 P.M. the Council resumed its consideration of item 1(b) which had been postponed to the end of the meeting to enable staff to provide information prior to Council action.) CITIZEN COMMENTS Coming forward to address the Council at this time were: Parker Herriott - Hermosa Beach, expressed his support for placing the downtown parking structure on the ballot so that people can vote on the issue; and John Burt - 1152 Seventh Street, objected to the purchase of portable radios for the Police Department. ANNOUNCEMENT AND COUNCIL VOTE IN OPEN SESSION TO ADD ITEM TO AGENDA FOR DISCUSSION IN CLOSED SESSION AS FOLLOWS: City Attorney Mike Jenkins announced the need for a closed session pertaining to a matter of litigation (described below) which was served on the City after the posting of the regular agenda, and said adding the item to the agenda would require a four-fifths vote of the City Council. Action: To add the subject matter of litigation to the agenda for discussion as a Closed Session item based on the finding that the matter came to the attention of the City after the posting of the regular agenda. Motion Bowler, second Oakes. AYES: Benz, Bowler, Oakes, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: Edgerton, due to a potential conflict of interest 1. CONFERENCE WITH LEGAL COUNSEL - The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Existing Litigation: Pursuant to Government Code Section 549567.9(a) Name of Case: Hermosa Beach Walk Street Homeowners, Steve Yeager, George Lanz, Charles Danforth and Savitri Carlson v. City of Hermosa Beach Case Number: YC028756 Councilmember Edgerton announced that he would not attend the Closed Session and will not participate in the item due to a potential conflict of interest. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 25, 1997 at the hour of 10:48 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 10:50 P.M., noting the absence of Edgerton and the presence of all other members. At the hour of 11:05 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, February 25, 1997, at the hour of 11:06 P.M. to the Regular Meeting of Tuesday, March 11, 1997, at the hour of 7:10 P.M. ___________________________ City Clerk ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 11, 1997, at the hour of 7:10 P.M. PLEDGE OF ALLEGIANCE - Sgt. Tom Thompson, H.B. Police ROLL CALL: Present: Benz, Bowler, Edgerton, Mayor Reviczky Absent: Oakes MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Benz announced that the third annual Saint Patrick's Day Parade would be held on Saturday, March 15, 1997, starting at 11:00 A.M. at Pier Avenue and Valley Drive and invited the whole town to come down to enjoy the parade and the day-long, free festivities in the downtown area. PRESENTATIONS: PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE D.U.I. TASK FORCE Sergeant Tom Thompson, representing Hermosa Beach as the host City for the D.U.I. Task Force in 1996, along with Police Chief Val Straser and Mayor J.R. Reviczky, presented Certificates of Appreciation to the following Law Enforcement Officers for their personal contribution of time in patrolling for and apprehending drivers under the influence of alcohol or drugs: David Nelms and John Tye of the California Highway Patrol; Lt. Doyle Green, Michael Boyd and Rodney Ellison of the California Highway Patrol from West Los Angeles; Dario Franco and Bill Hendricks of the El Camino College Police; Mark Rickerl of Gardena; Francis Hardiman, Mike Shimkus, Gary Tomatoni and Kim Iler of Hawthorne; Sgt. Tom Thompson, Dave Bohacik, Dave Rickey and Dorothy Scheid of Hermosa Beach; Phil Colonnelli of Inglewood; Sgt. Kris Anderson, Dep. T.J. Smith, Dep. Sandy Nitz and Dep. Marion Tucker of Lennox; Dave Caveney and Ro Sweat of Manhattan Beach; Jeff Hink of Redondo Beach; Sgt. Geoff Rizzo, Scott Cameron and Larry Hardin of Torrance; and, Janie Hall and Jeff Moore of the Regional Communication Center. Sergeant Thompson also gave special awards for "Rookie of the Year" to Bill Hendricks and "Top Duece Buster" to Phil Colonnelli, and recognized Capt. Rich Henderson and Capt. Bob Byrd for their support. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, related that the television broadcast by Century Cable of the last Planning Commission meeting had been terrible with distorted pictures and incomprehensible sound, said it was a shame that the ceremony tonight could not be seen by the viewers at home due to the poor quality of the cable company's broadcast; and asked again when the Council Chambers would be refurbished, said the Council had promised her that the room would be improved and she wanted to know when; Lisa Ryder - 1940 Monterey, asked that item 1(h) be removed from the consent calendar; Solomon Rusk - representing Hal Burger, said that the minutes of February 13, 1996, were not accurate in regard to the item for the Beach Market; said that three conditions were not included; Jim Lissner - said that the sound level in the Council Chamber tonight was very low and hard to hear; questioned why DUI arrests were up in other areas and down in Hermosa Beach; questioned when another underage "sting" would take place as it had been a long time; and asked that item 1(e) be removed from the consent calendar; John Burt - 1152 Seventh Street, asked to speak on the downtown streetscape, item 7; and, Dan Coffey - representing some east Beach Drive property owners, expressed support for the proposed vacation of the walk streets. Action: Mayor Reviczky directed, with the consensus of the Council, that staff review the meeting of February 13, 1996, in regard to the comments made by Mr. Rusk and report back to Council. (b) COUNCIL COMMENTS: Mayor Reviczky said that the cable television on channel 3 is very bad and the sound is horrible, asked staff to call Century Cable TV and have them make the necessary corrections. Councilmember Benz said that a driver could park to unload groceries or parcels with the emergency flashers on and not be ticketed, and if the driver did get a ticket an administrative review could be requested. Councilmember Edgerton spoke regarding the need for another downtown development meeting. (c) WRITTEN COMMUNICATION 1. Letter from Gretchen Reviczky dated February 21, 1997 regarding Councilmember conduct. Action: To receive and file the communication. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Bowler for Jim Lissner, (g) Edgerton, and (h) Edgerton for Lisa Ryder. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes. No one came forward to address the Council on items not removed from the consent calendar. At 7:38 P.M. the order of the agenda was suspended to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on February 25, 1997. Action: To approve the minutes of the Regular Meeting of February 25, 1997 as presented. (Oakes absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9534 THROUGH 9650, NOTING VOIDED CHECK NOS. 9580 AND 9650; AND TO APPROVE THE CANCELLATION OF CHECK NOS. 9381, 9368, 9456, 9380, 9599 AND 9618 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Oakes absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Oakes absent) (d) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOMS 7 AND 11 IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE. Memorandum from Community Resources Director Mary Rooney dated February 26, 1997. 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 Free Clinic and the City for the use of Rooms 7 and 11 in the Community Center at a rate of $1,395 per month (1500 sq.ft. X $.93 per sq.ft.) from April 1, 1997, through March 31, 1998, for a total rental income of $16,740; and, 2) authorize the Mayor to sign the lease. (Oakes absent) (e) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 19, 1997. This item was removed from the consent calendar by Councilmember Bowler (for Jim Lissner) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, objected to the block approval of so many special events at one time. Action: To approve the staff recommendation to receive and file the action minutes from the Park, Recreation and Community Resources Advisory Commission meeting of February 19, 1997. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. (f) RECOMMENDATION TO AWARD CONTRACT TO D & M INC. CONSTRUCTION FOR SEISMIC STRENGTHENING OF THE CLARK BUILDING IN THE AMOUNT OF $86,555 AND AUTHORIZE MAYOR TO EXECUTE CONTRACT. Memorandum from Public Works Director Amy Amirani dated March 4, 1997. Action: To approve the staff recommendation to: 1.Authorize the award of the construction contract to D&M Inc. Construction of West Hills, California for Seismic Strengthening of the Clark Building in the amount of $86,555; 2.Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval of the City Attorney; 3.Direct the City Clerk to reject all other bids and release all bid bonds after award by City Council. Upon completion of work, direct the Director of Public Works to accept the project as complete on behalf of the City Council and release all contract bonds; and, 4.Authorize the Director of Public Works to make minor changes as necessary within budget. (Oakes absent) (g) RECOMMENDATION TO AWARD CONTRACT TO W. A. RASIC CONSTRUCTION FOR SEWER CONSTRUCTION AND STREET REHABILITATION PROJECT (CIP 96-408) IN THE AMOUNT OF $504,465 AND AUTHORIZE THE MAYOR TO EXECUTE CONTRACT. Memorandum from Public Works Director Amy Amirani dated March 4, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Public Works Director Amirani responded to Council questions and said that there were 15 locations that had problems that must be fixed immediately. Action: To approve the staff recommendation to: 1.Authorize the award of the Sewer Construction and Street Rehabilitation Contract (various streets) to W.A. Rasic Construction of Arcadia, California in the amount of $504,465; 2.Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval of the City Attorney; 3.Direct the City Clerk to reject all other bids and release all bid bonds after award by City Council. Upon completion of work, direct the Director of Public works to accept the project as complete on behalf of the City Council and release all contract bonds; 4.Authorize the Director of Public Works to make minor changes as necessary within budget; and, 5.Hire CMI Engineering Consultants to provide Inspection and Construction Management Services not to exceed $37,000. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 4, 1997. This item was removed from the consent calendar by Councilmember Edgerton, for Lisa Ryder, for separate discussion later in the meeting. Community Development Director Blumenfeld responded to Council questions. Coming forward to address the Council on this item were: Lisa Ryder - 1940 Monterey Blvd., displayed photographs and information directly to the Council; gave a history of the Power Street development; said that many trees on the property had been killed but that four trees were still living and should be preserved to maintain the ambiance of the area and for the sanctuary they provided for birds; said that they had collected 50 signatures to save the trees in just one afternoon asking the Council to review this decision; Celeste Coar - 2004 Loma Drive, said that Manhattan Beach does not allow trees to be cut down without a permit; suggested that the property might not be accurately surveyed; said it was important to maintain the garden terrace; Shirley Cassell - Hermosa Beach, said that it was a shame when out-of-town developers came in and destroyed wonderful old trees to maximize a site, then took their money and left; Vicki Garcia - 1835 Valley Park Avenue, said the development was detrimental and hazardous to the existing residences; said that Valley Park Avenue was subject to flooding yet there was no information regarding the effect this project would have on the flooding problem which could cause a liability issue to the City; and expressed concerns regarding assurances of adequate lighting and vehicle ticketing for the proposed private street for the development; and, Jim Lissner - 2715 El Oeste Drive, spoke regarding item 7 on the Planning Commission agenda; said that the 76 station and the IHOP restaurant were to be torn down and replaced by a new 76 station, car wash and mini-mart with liquor; asked the Council to review this decision. Action: To review item 8, the Power Street development, with the direction to staff to include a study of any flooding problems created by the development and a landscape plan to save as many trees as possible. Motion Edgerton, second Mayor Reviczky. (Note: this action only requires two votes to review an item.) Final Action: To receive and file the remainder of the action minutes from the Planning Commission meeting of March 4, 1997. Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES OF THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF MARCH 5, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Downtown Business Area Enhancement District Commission meeting of March 5, 1997. (Oakes absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (g), 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. The meeting recessed at the hour of 8:26 P.M. The meeting reconvened at the hour of 8:46 P.M. and returned the order of the agenda to item 5. PUBLIC HEARINGS 4. TEXT AMENDMENT TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE TO ALLOW UP TO A 10% MARGIN FOR ADMINISTRATIVE DECISION IN CERTAIN JUSTIFIABLE CASES ON LOTS OF 2,100 SQUARE FEET OR LESS, AND STUDY THE POLICIES OF OTHER CITIES TO DETERMINE THE EFFECT OF A 10% OPEN SPACE REQUIREMENT FOR ALL R-1 LOTS. Memorandum from Community Development Director Sol Blumenfeld dated March 5, 1997, with Ordinance for waiver of full reading and introduction. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:46 P.M. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, agreed with allowing exceptions to the open space requirements but disagreed with the determination on a justifiable basis; said it should be allowed, period, and should not be an administrative decision; and, John Thomas - 425 31st Street, spoke in favor of the proposed amendment as it would allow him, and others in his neighborhood, to have greater flexibility in remodeling. The public hearing closed at 7:49 P.M. City Attorney Michael Jenkins said the ordinance would have to be returned with specific language on Council's proposed changes. Action: To direct staff to return with an ordinance to allow all open space for lots of 2,100 square feet or less to be located on decks, as recommended by the Planning Commission, and as amended by Council tonight to include the same conditions for lots between 2,101 and 2,320 square feet, in certain justifiable conditions, as determined by the Planning Commission. Motion Bowler, second Mayor Reviczky. AYES: Benz, Bowler, Edgerton, Mayor Reviczky NOES: None ABSENT: Oakes The order of the agenda was returned to item 3 at 7:58 P.M. MUNICIPAL MATTERS: 5. 1997 COMMERCIAL EVENT APPLICATIONS. Memorandum from Community Resources Director Mary Rooney dated February 26, 1997. Supplemental request received March 10, 1997, from Ronda Mills of West Coast Artists regarding waiver of parking meter fees for that event. Community Resources Director Rooney presented the staff report and responded to Council questions. Coming forward to address the Council on the first item was: Ronda Mills - West Coast Artists, responded to Council questions. Action: To approve the request by West Coast Artists for a waiver of the parking meter fees. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes. Further Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for West Coast Artists for an Art Festival on June 28 & 29, 1997, and, authorize the Mayor to sign the attached contract. Motion Benz, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. Coming forward to address the Council on the second item was: Donley Falkenstien - Hermosa Beach, spoke in opposition to the event due to no consideration of the cumulative effect of all the events. Further Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for CE Sports - Four Person Volleyball Tournament on July 12 & 13, 1997, and, authorize the Mayor to sign the attached contract. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Further Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for MESP - Sprint Triathlon and Festival on October 12, 1997, and, authorize the Mayor to sign the attached contract. Motion Benz, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Further Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for Event Productions - Cuervo Gold Volleyball Tour August 23 & 24, 1997, and, authorize the Mayor to sign the attached contract. Motion Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. Coming forward to address the Council on the fifth item was: Donley Falkenstien - Hermosa Beach, spoke in opposition to the event due to no consideration of the cumulative effect of all the events. Further Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for WPVA - Evian Women's Pro Volleyball on August 9 & 10, 1997, and, authorize the Mayor to sign the attached contract. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. Coming forward to address the Council on the last item were: John Stevenson - Senior Vice-President, AVP, said the event in Hermosa was one of five grand slam events that would bring two days of live television coverage to the city; said the AVP was working with the city and the downtown merchants to minimize the impact of the crowd and to make it more of a family event by having volleyball clinics and Junior Championships during intermissions; explained the seating prices, the entertainment planned, the access and the shuttle service; Shirley Cassell - Hermosa Beach, said the AVP was taking up nine days in the middle of summer; asked why the city did not ask for fifty percent rather than just twenty-five percent; said the city should learn to negotiate better and that none of the organizers that would be taking in the money lived in Hermosa; John Burt - 1152 Seventh Street, spoke in opposition to the event; Rick Hankus - 157 Pier Avenue, Chamber President, spoke in favor of the schedule of events for the summer; said that they were well spaced and will bring people into the downtown area, which is badly needed due to the renovation projects in the downtown area; Jennifer (last name indistinct) - Hermosa Beach, spoke in opposition to the event, felt it does impact on the City; said the AVP never restored the beach back to its original condition; questioned who enforced the permits to determine that the event operators are living up to their agreement; Donley Falkenstien - Hermosa Beach, showed petitions claiming several thousand signatures in opposition to the event; submitted information and submitted photographs directly to the Council; claimed that the previous event had violated state laws; and, Elizabeth Walsh - Hermosa Beach, spoke in favor of the event; said that she had attended last year and had enjoyed it very much and hoped the city would continue to have these events. City Attorney Jenkins said that the event seating was exempt from CEQA regulations. Final Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to approve the commercial event for AVP - U. S. Championships on July 25-27, 1997, and, authorize the Mayor to sign the attached contract. Motion Benz, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes. 6. REPORT ON REFERENDUM. Memorandum from City Manager Stephen Burrell dated March 6, 1997. City Manager Burrell responded to Council questions and said that there was no official word from the County at this time. City Attorney Jenkins responded to Council questions and said that at this time the City was doing what the Elections Code required to be done when a petition was received, which is to verify signatures. Action: There was no action taken on this item. 7. LOWER PIER AVENUE STREETSCAPE - PROPOSED OUTDOOR DINING STANDARDS. Memorandum from Public Works Director Amy Amirani dated March 4, 1997. Resident Jim Lissner expressed his objection to Council discussion of this item tonight. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, expressed opposition to the City spending money on utility outlets for businesses to use City property (such as outdoor dining on the City sidewalks); felt there should be no permanent improvements allowed within the proposed outdoor dining areas; John Burt - 1152 Seventh Street, spoke in favor of outdoor dining; Debra Torres - spoke of study done by USC students; said that underground utilities were not provided in other areas that had undergone a downtown revitalization such as Santa Monica and Pasadena; said there needed to be a definition of what is considered permanent; and, Jim Lissner - 2715 El Oeste Drive, objected to any discussion of undergrounding of utilities by the Council due to it not being listed on the agenda. City Attorney Jenkins said that the Council could discuss this item as it had been properly agendized and was not a decision but only informational direction to staff that was being given. Action: To direct staff not to consider undergrounding utilities for outdoor dining or other private use of public property and that there were to be no permanent placements including attachment of outdoor railings. It was noted that recesses in the sidewalk that could hold the railing support uprights might be considered if there were a method by which the recesses could be attractively capped when no longer needed and this alternative were brought back to Council. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PROPOSITION 172 SALES TAX - PUBLIC SAFETY PROGRAM, REPEAL OF AB1191. Memorandum from City Manager Stephen Burrell dated March 4, 1997. City Manager Burrell presented the staff report and responded to Council questions Action: To authorize the City Manager to draft letters of support for AB339 (Takasugi) and AB334 (Wildman) for the Mayor's signature. Motion Bowler, second Edgerton. The motion carried by a unanimous vote, noting the absence of Oakes. b. REPORT ON VACATION OF EASTSIDE BEACH DRIVE PUBLIC RIGHT-OF-WAY. Memorandum from City Manager Stephen Burrell dated March 6, 1997. Councilmember Edgerton declared a potential conflict of interest due to living within the area, and left the dais at 10:12 P.M. City Attorney Jenkins said that the petition should come from the people on the streets and that the Council was under no obligation to vacate, but if that was the Council's wish, then the Council would need to make a finding of no public need for the right-of-way, and that if even ten percent of the residents on the street protested, that number would be sufficient to reverse the finding. Action: To direct staff to: 1.develop a proposed open space overlay zone for the walk streets and present to City Council for review and approval; 2.develop an information letter explaining the steps, costs, and timing and send to all property owners; and, 3.process any petition on a street by street basis consistent with City Council policy. Motion Bowler, second Mayor Reviczky. The motion carried, noting the absence of Oakes and Edgerton. Coming forward to address the Council on this item were: Evelyn Stoten - Beach and 16th Street, questioned the proposed procedure for vacation and said it was not the same as the procedure used for the Strand owners (was told the procedure was the same, the difference was that usually on the Strand there were only one or two homes on the block); and, Dan Coffey - representing some east side Beach Drive owners, spoke regarding issue resolution. Councilmember Edgerton returned to the dais at 10:25 P.M. c. PARKING IN-LIEU PROGRAM AND FUND. Memorandum from City Manager Stephen Burrell dated March 6, 1997. City Manager Burrell responded to Council questions and said there were 18 spaces left in the program. Coming forward to address the Council on this issue was: Jim Lissner - Hermosa Beach, spoke regarding parking issues. The meeting recessed at 10:35 P.M. The meeting reconvened at 10:38 P.M. Proposed Action: To direct staff to return with a report on the entire in-lieu parking program for the meeting of March 25, 1997. Motion Mayor Reviczky, second Bowler. The motion failed due to the dissenting votes of Benz and Edgerton and the absence of Oakes. Action: Mayor Reviczky directed, without opposition, that the item be returned for a decision of a full Council. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL -- None 10. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Bowler for discussion of M-1 zones. Action: To direct staff to return at a future meeting with a report on all M-1 zones. Motion Bowler, second Edgerton. The motion carried, noting the abstention of Benz (due to owning M-1 property) and the absence of Oakes. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) Name of Case: Harris v. City of Hermosa Beach Case Number: BC163471 Name of Case: Lissner v. City of Hermosa Beach Case Number: BS041936 Name of Case: Lissner v. City of Hermosa Beach Case Number: BS043141 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 11, 1997, at the hour of 10:50 P.M. to a closed session. The closed session convened at the hour of 10:55 P.M. At the hour of 11:26 P.M. the closed session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - City Attorney Jenkins announced that the following action had been taken: Action: To approve the final settlement agreement of a payment of $130,000 in exchange for release of all claims in the case of Harris v. City of Hermosa Beach, Los Angeles Superior Court case number BC163471. The motion was approved by the following vote: AYES: Benz, Bowler, Edgerton, Mayor Reviczky NOES: None ABSENT: Oakes ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 11, 1997, at the hour of 11:27 P.M. to the Regular Meeting of Tuesday, March 25, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 25, 1997, at the hour of 7:13 P.M. PLEDGE OF ALLEGIANCE - Rick Hankus, Chamber President ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that Vasek Polak had been seriously injured while in Europe and expressed the Council's concern and good wishes for his recovery. Mr. Reviczky also announced that the Hermosa Beach Sister City of Loreto, Mexico was celebrating its 300th birthday over the week-end of October 24-26, 1997, and encouraged anyone considering a trip there at that time to make reservations soon as hotels and airlines were being booked-up, and, said the Hermosa Beach Sister City was planning a combined birthday celebration for July 26, 1997, with additional information available through the Community Resources Department at 318-0280. Councilmember Bowler said that he would be spending the next day in "jail" for the Muscular Dystrophy Association and urged friends to send "bail" contributions if called. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Maurice Bodet - Hermosa Beach, outlined a plan, through rewards and incentives, to encourage people to move the accumulated "things" from their garages in order to provide the automobile parking that would make more street parking available; and, John Burt - 1152 Seventh Street, asked that item 1(e) be removed from the consent calendar. (b) COUNCIL COMMENTS: The consensus of the Council was in support of Mr. Bodet's plan and staff was directed to explore the feasibility of creating something of this type and to report back to Council. (c) WRITTEN COMMUNICATION 1. Letter from Danny Eckersley dated March 18, 1997 regarding an incident involving a Hermosa Beach Police Officer. Coming forward to address the Council on this item was: Danny Eckersley - 1063 Tenth Street, spoke to his letter; submitted information. Action: To direct staff to investigate if the City has a common policy regarding DUI procedure and report back. Motion Bowler, second Oakes. The motion carried by a unanimous vote. City Manager Burrell stated that a faxed communication from Howard Longacre had been received shortly before the meeting tonight. Action: To receive and file the faxed communication from Howard Longacre. Motion Benz, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (d) Benz, (e) Mayor Reviczky at the request of John Burt, (f) Edgerton and (j) Edgerton Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on March 11, 1997. Action: To approve the staff recommendation to approve the minutes of the Regular Meeting of March 11, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9651 THROUGH 9830, NOTING VOIDED CHECK NO. 9685, AND TO APPROVE CANCELLATION OF CHECK NOS. 9158, 9555, 9709 AND 9721 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting to question certain checks relating to disability and worker's compensation payments. This item was heard at 11:05 P.M. City Manager Stephen Burrell and Risk Manager Robert Blackwood responded to council questions. Action: To approve the staff recommendation to ratify the check register as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To approve the staff recommendation to receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY, 1997, 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 due to a question regarding plan check expenses. City Manager Burrell clarified that there was no set monthly payment as the expense was a per item expense. Action: To approve the staff recommendation to receive and file the February, 1997, Financial Reports as presented. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (e) RECOMMENDATION TO APPROVE PURCHASE OF DICTAPHONE NETWORK GUARDIAN DIGITAL RECORDING SYSTEM FOR THE POLICE AND FIRE COMMUNICATIONS CENTER. (Continued from the meeting of 2/25/97.) Memorandum from Police Chief Val Straser dated March 18, 1997. This item was removed from the consent calendar by Mayor Reviczky (at the request of John Burt) for separate discussion later in the meeting. Coming forward to address the Council on this item was: John Burt - 1152 Seventh street, spoke in opposition to this purchase. Police Chief Straser responded, giving reasons that detailed the need for the purchase. Action: To approve the staff recommendation to: 1.Approve the purchase of a new digital recording system for the police and fire communications center from the Dictaphone Corporation at a minimum contract cost of $26,015; and, 2.Approve contract purchase based upon the State of California Multiple Award Schedule with the Dictaphone Corporation, contract number: 3-96-58-0020B, and authorize the expenditure of up to $30,767 to include tax and contingencies. Motion Benz, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE THE LIST OF RECOMMENDED IMPROVEMENTS FOR HERMOSA VALLEY PARK AND DIRECT PUBLIC WORKS STAFF TO RETURN TO COUNCIL WITH AN RFP TO HIRE A LANDSCAPE ARCHITECT TO DEVELOP A SCHEMATIC DESIGN FOR THE PARK IMPROVEMENTS. Memorandum from Community Resources Director Mary Rooney dated March 10, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item were: Kathy Dunbabin - Parks, Recreation and Community Resources Advisory Commissioner, explained the reasoning of the Commission for certain items on the list and thanked the Council for its interest, input and suggestions; and, Betty Martin - 27th Street, questioned if the community information-gathering meetings would still be held as she knew of many people who wished to speak at these meetings; said that many neighborhood residents wanted the round cement pad to remain as it provided a highly visible area for their toddlers to ride tricycles, etc. Proposed Action: To refer the list back to the Commission with the Council comments. Motion Benz, second Oakes. The motion was withdrawn by the maker and the second. Action: To approve the Parks, Recreation and Community Resources Advisory Commission recommendation to 1.Tentatively approve the list of recommended improvements for Hermosa Valley Park, with the direction that the Council's comments and suggestions be considered by the Commission and a more comprehensive list brought back to the Council for final approval after public meeting input is received. The list includes the following: a. Restrooms; Remove existing restrooms and relocate or build new restrooms - Council consensus was that restrooms badly needed renovation but questioned why they needed to be relocated; b. Walkways; Renovate to create 10' - 12' wide walkways throughout the park - Council was strongly opposed to walkways of that width in the park, suggested that if paths were needed at all, that they be much narrower and suggested that asphalt be used as it was less obtrusive to the landscaped areas; c. Landscaping; Plant mature trees around the sports field (note: area leased from School District), and improve park perimeter with fence or landscaping; d Basketball Court; Remove existing court and plant grass and consider: i. if needed then relocate to other park area or ii. if other type of sports court needed, as a Tennis Court - Council was strongly in opposition to the removal of the basketball court; e. Picnic Facilities; Renovate picnic areas and equipment. Install additional tables and benches; f. Cement area (northwest side); Remove - Council asked that public input be considered for possible relocation or retention; and, g. Irrigation; Design and renovate sprinkler system as needed; and, 1.Direct Public Works staff to return to Council with an RFP to hire a landscape architect to develop a schematic design for the park improvements. Motion Benz, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO APPROVE FEE REDUCTION AND FEE WAIVER FOR FILMING OF DOCUMENTARY ON LOS ANGELES COUNTY LIFEGUARDS. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997. Action: To approve the staff recommendation to 1.Reduce City location fees from $770.60 per day to $100.00 per day for Turner Broadcasting who will be filming a documentary about LA County Lifeguards on various locations on the beach and City from April 5 - September 1, 1997; and 2.Waive the permit processing fee of $330.40; and 3.Require that the LA County Lifeguards monitor the filming activity; and 4.Direct staff to process a single permit for the 5-month period which will require the County Lifeguards and/or Turner Broadcasting to notify the Community Resources Department of filming activities by telephone to determine if any conflicts exist. (h) RECOMMENDATION TO APPROVE THE USE OF THE PIER AND BEACH NORTH OF THE PIER BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL PREVIEW SCHEDULED FOR THURSDAY, APRIL 24, 1997 AND AUTHORIZE MAYOR TO EXECUTE CONTRACT. Memorandum from Community Resources Director Mary Rooney dated March 19, 1997. Action: To approve the staff recommendation to: 1.Approve the use of the Pier and beach north of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival Preview scheduled for Thursday, April 24, 1997 from 6:00 to 10:00 p.m. and, 2.Authorize the Mayor to sign the attached contract. (i) Recommendation to authorize the City Manager to negotiate a change to an existing contract with award of the construction of the Palm Drive sewer to either Unispec Construction of Los Angeles or W. C. Rasic Construction for an amount not to exceed $75,000. Memorandum from Public Works Director Amy Amirani dated March 20, 1997. Action: To approve the staff recommendation to 1.Authorize the City Manager to negotiate a change to an existing City contract with award of the construction of the Palm Drive sewer to either Unispec Construction of Los Angeles or W.C. Rasic Construction for an amount not to exceed $75,000. 2.Appropriate $75,000 from sewer fund to the Lower Pier Avenue Streetscape project (CIP 94-160) for the redesign, replacement and extension of the Palm Drive sewer from Pier Avenue to 14th Street, reconstruction of the manhole at 14th and Palm, removal of the manhole at Pier and Hermosa and reconnection of the laterals to the existing recently installed Hermosa Avenue sewer line. (j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON MARCH 18, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. This item was heard at 11:10 P.M. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting held on March 18, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. (k) RECOMMENDATION TO RECEIVE AND FILE REPORT FROM CITY CLERK ELAINE DOERFLING ON REVIEW OF VIDEO/AUDIO TAPES OF THE FEBRUARY 13, 1996 CITY COUNCIL MEETING TO ASCERTAIN ACCURACY OF MINUTES FROM THAT MEETING ON THE BEACH MARKET ITEM. Action: To approve the staff recommendation to receive and file the report. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (d), (e), (f) 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. At 7:47 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4, and noting that items 1(b) and (j) were still to be heard. PUBLIC HEARINGS 4. GENERAL PLAN AMENDMENT FROM GENERAL COMMERCIAL (GC) TO MEDIUM DENSITY RESIDENTIAL (MD), ZONE CHANGE FROM C-2 TO R-2, OR TO SUCH OTHER DESIGNATION/ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 64 - 10TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997, with Ordinance for introduction and waiver of full reading. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:56 P.M. Coming forward to address the Council on this item were: Joseph Di Monda - Project architect and attorney, spoke representing the property owners; said the house was 70 years old and needed improvements that could not be made under the current zoning; said that this improvement would also provide four parking spaces that were badly needed in the area; and, Rick Hankus - Chamber President, asked that the zone change not be made as this was one of the few undeveloped commercial areas in the downtown. The public hearing closed at 8:01 P.M. Action: To receive and file the proposed General Plan amendment, thus denying the request. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Oakes. Councilmember Benz requested that staff investigate and return with a method to use a Conditional Use Permit to allow residential use in a commercial zone 5. GENERAL PLAN AMENDMENT TO AMEND THE CIRCULATION ELEMENT TO RE-ROUTE THE SEGMENT OF THE COASTAL BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997, with a supplemental resolution submitted prior to the meeting. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:18 P.M. Coming forward to address the Council on this item were: Alyse Laemmle - 2840 The Strand, spoke in support of having the bike path continue on the Strand to the northern City boundary and said that she regretted signing the earlier petition to keep the bike path on Hermosa Avenue rather than on the Strand; spoke of the deteriorating condition of the Strand and the dangers of trying to cross Hermosa Avenue with speeding bicycles having the right-of-way over pedestrians or automobiles; Jim Hamilton - 3417 The Strand, submitted informal petitions in opposition to changes in the bike path; said that he was not opposed to having the bike path continue on the Stand except that he would like a further separation from the Manhattan bike path to lessen the chance of accidents and to ensure that southbound racing bicyclers reduced their speed before entering our multi-use Strand; John Burt - 1152 Seventh Street, spoke of deed restrictions on the beach; John Hales - 624 Eighth Place, said he has been using the Strand for over 30 years and had noticed that people tended to congregated at the waters edge or on the eastern side of the beach near the wall, which left the middle of the beach wide open; said that he would like to see a meandering bike path out on the sand as they had in Venice and Marina del Rey; Margie Fish - 3332 The Strand, Thanked the Council for taking-up this issue; spoke of the problems with the deterioration of the Strand; and, Donley Falkenstien - Manhattan Avenue, asked that the Council not agree to any additional pavement on the beach. The public hearing closed at 8:35 P.M. Action: To adopt the supplemental Resolution No. 5848, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE CIRCULATION, TRANSPORTATION AND PARKING ELEMENT OF THE GENERAL PLAN TO INCLUDE THE STRAND IN THE BIKE PATH BETWEEN 24TH STREET AND THE NORTH CITY BOUNDARY AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION FOR SAID GENERAL PLAN AMENDMENT.", with the understanding that the resolution would delete all wording regarding a connection to the Manhattan Beach bicycle path. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 6. GENERAL PLAN AMENDMENT: WATER CONSERVATION PLAN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:50 P.M. As no one came forward to address the Council on this item the public hearing closed at 8:50 P.M. Action: To adopt Resolution No. 5849, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN CONSERVATION ELEMENT TO INCLUDE THE DROUGHT-PROOF 2000 WATER CONSERVATION PLAN PREPARED BY WEST BASIN MUNICIPAL WATER DISTRICT.", as mandated by California State Senate Bill 901. And, to direct staff to develop and return with an ordinance for Council consideration to encompass the residential use of gray water for non-potable garden irrigation. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. The meeting recessed at the hour of 8:55 P.M. The meeting reconvened at the hour of 9:13 P.M. and suspended the order of the agenda to hear item 9. MUNICIPAL MATTERS 7. AMENDMENTS TO THE PROPOSED SMALL LOT EXCEPTION TO OPEN SPACE REQUIREMENTS IN THE R-1 ZONE TO ALLOW 10% MARGIN. Memorandum from Community Development Director Sol Blumenfeld dated March 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To waive full reading and introduce Ordinance No. 97-1170, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2,100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Edgerton, second Oakes. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 8. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF PETITION TO PROTEST PASSAGE OF COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN COUNTY OF LOS ANGELES AND THE CITY. Memorandum from City Clerk Elaine Doerfling dated March 19, 1997 and letter from City Attorney Michael Jenkins dated March 20, 1997. City Attorney Jenkins gave his opinion to the Council and responded to Council questions. Deputy City Clerk Naoma Valdes responded to Council questions and said that a ballot measure cost had been cited by the County as $15,000 for the first measure. Coming forward to address the Council on this item were: Parker Herriott - Hermosa Beach, disagreed with the City Attorney saying that this was the opinion of only one City Attorney; spoke in favor of the referendum; Donley Falkenstien - Manhattan Avenue, said the parking structure was just for the businesses and not for the residents; spoke in favor of the referendum; Jim Lissner - El Oeste Drive, said he was a circulator of the referendum; said that the State Constitution reserved the right to referendum for the people; asked that the referendum go to a vote of the people; Kathleen Midstokke - Hermosa Beach, circulator and proponent of the referendum, claimed the City Clerk had deliberately delayed the signature verification and had failed to give her written notice; listed her disagreements with the opinion of the City Attorney and asked that the referendum go to a vote of the people; Missy Sheldon - 1800 The Strand, said that as both a resident and a business owner she supported the parking structure and the agreement with the County; said that she felt there had been false information given to signers of the petition and urged the Council to reject placing the referendum on the ballot; Rick Hankus - resident and business owner, spoke in support of the parking structure saying that it could help save the Bijou as any prospective buyer would not consider Theatre use without adequate parking, could help nearby residents find parking closer to their homes; and could provide a place for visitors to park; John Burt - 1152 Seventh Street, spoke in support of the parking structure; Gary Wayland - Vision Hermosa, said that he supported the City Attorney, supported the City Attorney's opinion and supported the City Council's action; Gary Crumm - Los Angeles County Lifeguard, said that it was now safe to come into downtown Hermosa since the "biker bars" had been replaced with upscale businesses; said that he had heard circulators of the referendum saying things that were not accurate; spoke in support of the Council; and, Michael Hapke - resident without a garage, said that he paid $150 per month in parking tickets and was definitely in favor of the parking structure. City Attorney Jenkins responded to Council questions and said that nothing he had heard from the proponents of the referendum had caused a change in his opinion. Mr. Jenkins continued by saying that the use of Proposition A funds was appropriate as the beach was a regional park and that providing more parking would allow more people to use the beach therefore it was a suitable use for those funds. He also said that this contract did not set public policy but was nothing more than a financing agreement that had been discussed many times in the past. Action: To receive and file the report. Motion Benz, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at 10:36 P.M. The meeting reconvened at 10:52 P.M. and went to item 10. 9. MUNICIPAL PIER RENOVATION - APPROVAL OF DESIGN - Memorandum from Public Works Director Amy Amirani dated March 20, 1997. This item was heard at 9:14 P.M. Public Works Director Amirani presented the staff report and responded to Council questions. Coming forward to address the Council on this item were: Paul Zajfen - Architects, spoke regarding the designs presented on renderings shown to the Council. Action: To approve alternative II, which includes costs for: 1. Pier Structural Retrofit Costs $ 680,000 2. Plaza, Lifeguard, and Deck $ 1,620,000 3. Lighting, and Handrail $ 920,000 4. Benches, Utilities and Gates $ 200,000 5. Overhead and Profit $ 243,000 6. Contingencies $ 162,000 7. Architecture and Engineering $ 241,500 for additional work on design $....80,700 8. Inspection and Management $ 200,000 Total Cost Alternative II: $ 4,347,200 With funding coming from the following: 1.Proposition A, 1994 $ 1,500,000 2.Proposition A, 1996 $ 1,000,000 3.County Lifeguard Building Repairs $ 500,000 4.County Lifeguard Plaza, 911 Upgrades $ 700,000 5.FEMA, Northridge Earthquake Mitigation $ 90,000 6.Coastal Conservancy Grant $ 200,000 7.Sewer Fund $ 100,000 8.Lighting Fund $ 100,000 9.Park and Recreation Fund $ 200,000 Total Suggested Funding $ 4,390,000 Motion Edgerton, second Benz. The motion carried by a unanimous vote. At the hour of 9:38 P.M. the order of the agenda was moved to item 7. 10. CITY HALL COMPLEX RENOVATIONS. Memorandum from Fire Chief Pete Bonano dated March 7, 1997. Fire Chief Bonano presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: 1. Appropriate the following funds for 1997-98 to CIP 622 for City Hall Complex renovations: Building Improvement Fund $130,000 Asset Forfeiture Fund 53,000 Equipment Replacement Fund 83,000 General Fund 117,000 For a total of $383,000 2. Amend the existing contract with Gillis & Associates Architects to include an additional $13,575 due to an increase in the scope of the project.3. Direct Staff to make appropriate amendments to the existing ADA plan to facilitate the renovations as follows: Council Chambers $193,797 Front Entry 36,533 Second Floor 105,380 Public Works 109,747 Fire Station Admin. 96,431 Elevator, Bathrooms, etc. 151,855 Estimated Total $693,743 With the understanding that Council previously appropriated $310,743 for CIP 622, which added to the $383,000, as recommended by staff in section 1, provides the $693,743 required for the renovations. Motion Bowler, second Oakes. The motion carried by a unanimous vote. At the hour of 11:05 P.M. the order of the agenda was returned to item 3 to hear item 1(b) and 1(j). 11. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE BEER AND WINE LICENSE. Memorandum from City Manager Stephen Burrell dated March 19, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: Mayor Reviczky directed, with the consensus of the Council, that this item be continued to the meeting of April 8, 1997, in order for the applicant to be present. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SB1310 - VOTER SALES TAX OPTION. Memorandum from City Manager Stephen Burrell dated March 10, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To authorize a letter of support for SB1310 and direct staff to follow all four items of the bill and express the City's support when appropriate during the legislative process. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 13. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 14. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Reviczky for discussion of council policy regarding the in lieu parking program and fund. Staff report from City Manager Stephen Burrell from City Council meeting of March 11, 1997. Mayor Reviczky spoke to his request. City Attorney Jenkins responded to Council questions saying that the Council could make a decision to grandfather a project if and when it came before them. Action: To direct staff to place the in-lieu parking program, with staff recommendations, on a future agenda. Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton. b. Request from Councilmember Benz for discussion of booths in front of store fronts during special events. Memorandum from Councilmember Benz dated March 19, 1997. Councilmember Benz spoke to his request. Action: To place this item on a future agenda in order for the Council to consider creating a policy regarding outside vendors having booths in front of store fronts during special events. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Mayor Reviczky. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, spoke of his safety concerns in regard to the traffic signal at Aviation and Prospect; and, thanked the Council for its support of the parking structure; Gregory Allen - Partner in Shark's Cove & Club Sushi, said that he was confused by the in-lieu parking program and what the rules were; asked for clarification regarding entitlement and its application to everyone equally; and, Jim Lissner - El Oeste Drive, spoke to disagree with statements made by the Council during item 8. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 25, 1997 at the hour of 11:40 P.M. to the Regular Meeting of Tuesday, April 8, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 8, 1997, at the hour of 7:12 P.M. PLEDGE OF ALLEGIANCE - Dallas Yost ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that the downtown parking structure had been approved earlier today by the Coastal Commission. PROCLAMATIONS: Public Health Week April 7 - 13, 1997 Mayor Reviczky proclaimed April 7 through April 13, 1997 as Public Health Week in Hermosa Beach. National Library Week April 13 - 19, 1997 Mayor Reviczky proclaimed April 13 through April 19, 1997 as National Library Week in Hermosa Beach. Medal of Valor Week April 14 - 18, 1997 Mayor Reviczky proclaimed April 14 through April 18, 1997 as Medal of Valor Week in Hermosa Beach, noting that the annual luncheon honoring police officers and firefighters for their heroic deeds will take place Thursday, April 17, 1997. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jim Lissner - Hermosa Beach, expressed his desire to get in contact with a speaker identified as Doss at the March 4, 1997 Planning Commission meeting; said the meeting videos should be available for public review at any time; and Mike Harrigan - Film Festival Committee, presented festival tee-shirts and pins to the Council members; said the festival begins Thursday, April 24, on the beach north of the Pier, with a brief presentation at 7:45 P.M. followed by the free opening-night movie "Pie in the Sky" at about 8:00 P.M., adding that the audience may wish to bring beach chairs or towels for that event; said the Friday, Saturday and Sunday screenings will take place at the City's Civic Theatre, made possible by the donation by Hawthorne Savings of a 35 mm projector to the Community Center, noting that tickets may be purchased at the theatre box office starting April 23, 1997. (b) COUNCIL COMMENTS: - None (c) WRITTEN COMMUNICATION: 1. Letter from Howard Longacre dated April 2, 1997 regarding a lack of response by city staff to a previous agendized letter dated February 19, 1997 as directed to be accomplished by the City Council at their meeting of February 25, 1997, and other matters regarding the proposed parking structure. Action: To receive and file the letter. Motion Bowler, second Benz. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (h), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (d) Benz and (g) Benz. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on March 25, 1997. Action: To approve the minutes of the Regular Meeting of March 25, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9831 THROUGH 9923, NOTING VOIDED CHECK NO. 9913, AND, TO APPROVE CANCELLATION OF CHECK NUMBERS 9715 AND 9800 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TWO-YEAR EXTENSION OF THE SERVICES AGREEMENT WITH HAZELRIGG RISK MANAGEMENT SERVICES, INC. FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 24, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Personnel Director/Risk Manager Blackwood presented the staff report and responded to Council questions. Action: To direct staff to go out to bid for workers' compensation claims administration services. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (e) RECOMMENDATION TO DENY APPLICATION TO PRESENT A LATE CLAIM FILED BY CONSTANCE ANN RICOTTA. Memorandum from Personnel Director/Risk Manager Robert Blackwood dated March 26, 1997. Action: To deny the Application to Present a Late Claim filed by Constance Ann Ricotta, as recommended by staff. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 19, 1997. Action: To receive and file the Action Minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 19, 1997, as recommended by staff. (g) RECOMMENDATION TO RECEIVE AND FILE REPORT ON PROCEDURES USED BY THE POLICE DEPARTMENT CONCERNING DUI ARREST. Memorandum from City Manager Stephen Burrell dated April 2, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Action: To receive and file the report on procedures used by the Police Department concerning DUI arrests, as recommended by staff. Motion Benz, second Edgerton. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE PROPOSED FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) TO CREATE A NEW ELECTED OFFICE OF VICE-CHAIR FINANCE. Memorandum from City Manager Stephen Burrell dated April 3, 1997. Action: To adopt Resolution No. 97-5850, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO AGREEMENT ESTABLISHING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF THE OFFICE OF VICE-CHAIR (FINANCE) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND TO ATTEST THE AMENDMENT," as recommended by staff. At 7:30 P.M. the order of the agenda was suspended to go to public hearing item #4. 2. CONSENT ORDINANCES: (a) ORDINANCE NO. 97-1170- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE R-1 DEVELOPMENT STANDARDS, SECTION 17.08.030(L) TO MODIFY THE EXCEPTION FOR SMALL LOTS (2100 SQUARE FEET OR LESS), AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." For waiver of full reading and adoption. Memorandum from City Clerk Elaine Doerfling dated April 2, 1997. Action: To waive full reading and adopt Ordinance No. 97-1170. Motion Bowler, second Edgerton. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 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. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. Community Development Director Blumenfeld requested that the item be continued to the next regularly scheduled City Council meeting to provide time for applicant to respond to City consultant report on proposed drainage plans for project. The public hearing opened at 7:31 P.M. As no one came forward to speak, the public hearing closed at 7:31 P.M. Action: To continue this item to the Regular Meeting of April 22, 1997, in order to provide time for the applicant to respond to the City Consultant's report on proposed drainage plans for the project, as requested by staff. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. At 7:32 P.M., the order of the agenda was returned to item #2. MUNICIPAL MATTERS: 5. REQUEST OF UNOCAL AT 755 PIER AVENUE FOR A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR OFF-SALE BEER AND WINE LICENSE. (Continued from meeting of March 25, 1997) Memorandum from City Manager Stephen Burrell dated March 19, 1997. Supplemental letter and list of voluntary conditions from Unocal dated April 4, 1997, which had been submitted directly to the Council. City Manager Burrell presented the staff report, announced the receipt of a supplemental letter from the applicant listing voluntary conditions, and responded to Council questions. City Attorney Jenkins also responded to Council questions, noting that there was no guarantee that the Department of Alcoholic Beverage Control (ABC) would include the applicant's voluntary conditions even if the City requests them. Public participation opened at 7:40 P.M. Coming forward to address the Council on this item were: Maree Elena Arenas - representing Unocal, spoke to the site location and safety issues; addressed the applicant's list of voluntary conditions on the parameters of operation of the project; responded to Council questions; Scott Piatta - Unocal project manager, responded to Council questions, saying the International House of Pancakes (IHOP) lease expires soon and the building would be torn down for the project; Patricia Spiritus - 1610 Strand, said the project is an upgrade that will provide services and improve the corner of Pier Avenue and Pacific Coast Highway, which is the gateway to the downtown; Jim Lissner - Hermosa Beach, said no amount of conditions would make the sale of beer and wine a public convenience or a necessity; and John Burt - Hermosa Beach, said he and his family had frequented IHOP over the years and objected to tearing down the restaurant. Public participation closed at 7:50 P.M. Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions. Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes. At 12:18 A.M., the Council resumed consideration of this item, after allowing the opportunity for public review of the supplemental letter and list of conditions submitted by the applicant. Public participation opened at 12:19 A.M. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, said he examined the supplemental letter of April 4, 1997 and the applicant's voluntary list of conditions, saying they were standard conditions that the ABC generally applies; said the conditions did not make the sale of beer and wine more convenient or necessary. Public participation closed at 12:21 A.M. Final Action: To make a determination that an off-sale beer and wine license at 755 Pier Avenue is a matter of public convenience or necessity and direct the City Manager to forward a letter to the Department of Alcohol Beverage Control detailing the City Council action and including the applicant's list of voluntary conditions (same motion as above). Motion Benz, second Bowler. The motion carried, noting the dissenting votes of Edgerton and Oakes. At 12:22 A.M., the order of the agenda returned to Citizen Comments. 6. YOUTH SKATEBOARD TRACK PROPOSAL: JOINT PROJECT WITH REDONDO BEACH - TRITON OIL SITE. Memorandum from Community Resources Director Mary Rooney dated March 26, 1997. Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the Triton site had not been offered or agreed to by the City of Redondo Beach. Public participation opened at 8:03 P.M. Coming forward to address the Council on this item were: Robert Aronoff - Parks, Recreation and Community Resources Commissioner, said finding a suitable location rather than the liability issue has been the difficult factor; cited a huge demand in the South Bay for a skateboard track; urged the Council to offer to Redondo Beach its support and willingness to do whatever is necessary to get the project done; Ed Perry - Brewski's, spoke in favor of a skateboard park; and Pete Tucker - 235 - 34th Street, said the youth came to the Hermosa Beach City Council requesting a skateboard track and should not have to go to another city; said there are plenty of parks and the track should be kept in town. Public participation closed at 8:22 P.M. Action: To conceptually approve a joint City project with Redondo Beach to construct a skateboard track at the Triton Oil Site in Redondo Beach, as recommended by the Parks, Recreation and Community Resources Commission, and agree to entertain future joint efforts as appropriate. Motion Oakes, second Benz. The motion carried by a unanimous vote. Final Action: To form a Council subcommittee and appoint Councilmembers Benz and Oakes as its members to work with members of the Parks, Recreation and Community Resources Commission on pursuing a smaller skateboard track at one of the City's parks. Motion Oakes, second Benz. The motion carried by a unanimous vote. The meeting recessed at 8:35 P.M. The meeting reconvened at 9:00 P.M. Mayor Reviczky announced that since the supplemental letter submitted by Unocal directly to the Council had not been given to the City Clerk prior to the meeting for the normal distribution, a copy had not been included in the public agenda packet for review and comment. He said the letter was made available to the public during the recess and has been placed in the public packet for review and that item #5 would be taken up again at the end of the meeting to allow for public comments related to the supplemental letter and for final Council action on the item following public comments. 7. VENDOR BOOTHS IN FRONT OF STORE FRONTS: CITY EVENTS. Memorandum from Community Resources Director Mary Rooney dated March 27, 1997. Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 9:15 P.M. Coming forward to address the Council on this item were: Patricia Spiritus - owner of business at 58 - 11th Street, expressed concerns about having vendor booths in front of her business, or in front of other businesses where the owners object, during the Fiesta de las Artes and St. Patrick's Day Parade events; and John Burt - Hermosa Beach, concurred with the previous speaker; also said the Chamber should give more of the Fiesta proceeds to the City; Shane McColgan - Shark's Cove and Club Sushi, spoke in favor of the events, but said there is a need for better communications with the Chamber and Conti Productions; suggested eliminating the food court from a parking lot, noting it was unnecessary due to the number of restaurants downtown, and instead using the parking lot for the arts and crafts vendors, thereby allowing the spaces in front of the downtown store fronts to be kept open; Gary Wayland - business owner, said sometimes business owners are unable to see the larger picture and do not look at the greater benefit to the community as a whole; cited the recent installation of the left-turn signal at the Prospect/Aviation intersection--a project which caused an inconvenience to his business, particularly because of the timing, but which he recognized as a greater benefit to the community; Rick Hankus - Java Man and Ocean Diner, said the Fiesta has taken place for the last 22 years; spoke of the community benefits from the event, noting that the Hermosa Beach Chamber of Commerce is able to pay the City a portion of the proceeds from the Fiesta, noting that the reverse is true in many other cities, with the cities providing money to help support their chambers of commerce; Dallas Yost - Pacific Screenprint, said during the Fiesta everyone walks in the street, not on the sidewalks; suggested keeping vendors 30 feet away from business store fronts and locating the vendors in the center of the street, leaving the space in front of the downtown businesses open; Ed Perry - Brewski's, agreed with the previous speaker; said the business owners should decide what goes in front of their businesses; Carol Duff - Chamber of Commerce executive director, said she hoped that any concerns about the Fiesta would be directed to the Chamber, noting that she would be happy to meet with business owners; spoke in rebuttal to the comments of previous speakers, saying that the food court is a major attraction, and invited local restaurants to participate in the food court; pointed out that 14 local non-profit groups operate their booths at no charge; said the Chamber was fortunate in being able to provide its own financing; responded to Council questions; Missy Sheldon - Hermosa Beach resident and business owner, expressed concern over what she considered to be Chamber bashing; said the Chamber was responsive to business concerns; objected to the City's attempt to micro-manage the Fiesta, noting it was a Southern California event visited and enjoyed by people from all over, and requested that the City not destroy the event by picking it apart; and Bill Robb - Quality Thrift, suggested extending the Fiesta booths further up Pier Avenue. Public participation closed at 10:05 P.M. Proposed Action: To approve the staff-recommended policy to be used for events that include vendor booths located in commercial areas with the following change: strike the first sentence up to the word "vendor" and replace it with "Approval of local merchants must be given before a vendor booth space in front of the merchant's store is rented out." Motion Benz. The motion died for lack of a second. Proposed Action: To not permit a booth to be placed in front of a business if the merchant, even though not a Chamber of Commerce member, does not want a booth there. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. Proposed Action: To have the City Attorney respond to a question of coercion regarding public property. Motion Benz. The motion died for lack of a second. Action: To direct staff to report back with an explanation of how the encroachment permits will be handled on lower Pier Avenue. Motion Oakes, second Mayor Reviczky. The motion carried by a unanimous vote. 8. DISASTER RELIEF WORKER PROGRAM. Memorandum from Fire Chief Pete Bonano dated March 18, 1997. Fire Chief Bonano presented the staff report and responded to Council questions. Public participation opened at 10:32 P.M. No one came forward to address the Council on this item. Action: To approve the staff recommendation to approve the implementation, beginning fiscal year 1997-98, of the Disaster Relief Worker Program as shown below: approve an initial force of 30 Disaster Relief Workers (DRW) which keeps a manageable span of control for supervision and training. Applicants for the program will be required to be at least 18 years old and residents of Hermosa Beach. All applicants may also be required to submit to a background investigation and provide a physician's release to perform strenuous labor and heavy lifting; require each DRW to provide their own steel toed boots. The City will provide all other safety gear required for the program, i.e. helmets and gloves; require DRWs to attend three hours of training per month covering subjects such as operation of firefighting hose lines, loading and unloading of fire hose from fire apparatus, filling and placement of sandbags for flood control, CPR/first aid training, disaster preparedness at home and work, and lifting and moving of heavy objects using tools and leverage; in addition to the above duties, the future goal of this program is to have DRWs trained throughout the City surveying their neighborhoods for property damage and injuries after a disaster. After this survey the DRW would then report the status of their neighborhood to the City's Emergency Operation Center (EOC), while providing basic first aid to injured neighbors; and, DRWs will be registered through the Office of Emergency Services as Disaster Workers. Registration with OES enables workers to be covered through the State for Workers Compensation Insurance. with direction to staff to look into the steel-toed boot requirement. Motion Oakes, second Mayor Reviczky. The motion carried by a unanimous vote. The meeting recessed at 10:35 P.M. The meeting reconvened at 10:47 P.M. 9. REQUEST FOR IN-LIEU PARKING INCENTIVE FUNDS FOR NEW RESTAURANT AT 117 PIER AVENUE. Memorandum from Community Development Director Sol Blumenfeld. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 10:50 P.M. No one came forward to address the Council on this item. Action: To provide in-lieu parking incentive funds to pay for the required five parking spaces for a new restaurant (The Mix) at 117 Pier Avenue, as recommended by the Downtown Business Area Enhancement District Commission. Motion Benz, second Bowler. The motion carried, noting the dissenting vote by Mayor Reviczky. 10. IN-LIEU PARKING FEES. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 11:20 P.M. No one came forward to address the council on this item. Action: To approve the staff recommendation to: Amend guidelines to provide for initial City Council request and approval to streamline process and shorten timeframe for consideration; Codify guidelines into Zoning Ordinance; Make the in-lieu fee commensurate with the actual cost of constructing parking; Provide a monthly lease option for in-lieu parking spaces to reduce business start-up costs for projects less than 10,000 square feet; Amend Coastal LUP downtown parking requirements to 65 percent of required parking standards to minimize use of in-lieu fees; Program remaining set-aside funds for outdoor dining uses along Pier Avenue as originally proposed under the program; and Direct staff to prepare implementation measures pursuant to above. Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz. 11. APPEAL OF DENIAL OF ENCROACHMENT PERMIT - HERMOSA INN HOTEL, 1300 STRAND. Memorandum from Community Development Director Sol Blumenfeld dated March 31, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 11:50 P.M. No one came forward to address the Council on this item. Action: To grant an encroachment permit, as recommended by staff, approving the air space encroachment of a bridge connecting the phase one and phase two portions of the hotel project across Beach Drive and a portion of two building-facade trellises, both of which deviate from the established criteria for encroachments and may therefore be granted only by the City Council. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. At 11:52 P.M. the order of the agenda was suspended to go to item #14. 12. AWARD OF CONTRACT FOR PARKING STRUCTURE DESIGN AND ENGINEERING SERVICES. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 12:13 A.M. No one came forward to address the Council on this item. Action: To approve the staff recommendation to: 1. Authorize the City Manager to execute a contract with Gordon H. Chong & Partners of San Francisco, to provide Architectural Design And Engineering for the parking structure at Parking Lot C in the amount of $380,000 once an agreement with the County for Prop A funds is signed; 2. Advance $395,200 from the Sewer Fund to Prop A Open space Fund; 3. Appropriate $395,200 from Prop A Open Space Fund to Capital Improvement Program #624; and, 4. Authorize the Director of Public Works to issue addenda as necessary not to exceed a total contract cost of $395,200; with direction to staff to return with a feasibility study on the restroom.Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 13. RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FY 1997-98. Memorandum from Public Works Director Amy Amirani dated April 3, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. Public participation opened at 12:15 A.M. Coming forward to address the Council on this item was:Jim Lissner - Hermosa Beach requested information from the City Attorney concerning this item (City Attorney Jenkins responded). Public participation closed at 12:16 A.M. Action: To adopt Resolution No. 97-5851, 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 OF THE, PART 2 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAY CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICE OF LANDSCAPING, STREET LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998.", which orders the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during fiscal year 1997 - 1998, and which no longer funds the costs of maintaining and operating park and recreational improvements or landscaping which is not located within parkways or medians, as recommended by staff. Motion Oakes, second Bowler. The motion carried, noting the dissenting vote by Benz. 14. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. (This item was heard at 11:52 P.M., prior to item #12.) City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 12:02 A.M. Coming forward to address the Council on this item was: Robert Rice - attorney representing the contractor, said Unispec agreed with the revised phasing schedule but did not agree to waive all claims. Public participation closed at 12:04 P.M. Action: To withdraw the item from tonight's agenda, as recommended by the City Attorney Motion Edgerton, second Oakes. The motion carried by a unanimous vote. (At 12:08 A.M. the order of the agenda was returned to item #12.) 15. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. RECOMMENDATION TO SET NEW DATE OF TUESDAY, JUNE 3, 1997 FOR REVIEW OF THE 1997-98 BUDGET. Memorandum from City Manager Stephen Burrell dated March 27, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To set the new date of Tuesday, June 3, 1997, for review of the 1997-98 budget, as recommended by staff. Motion Mayor Reviczky, second Benz. The motion carried by a unanimous vote. b. LOCAL GOVERNMENT FINANCE. Memorandum from City Manager Stephen Burrell dated April 2, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To support the package of local government finance as recommended by the Executive Committee of the League of California Cities and to authorize that the Mayor and/or City Manager express the City Council support as necessary during the legislative process, as recommended by staff. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 16. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 17. OTHER MATTERS - CITY COUNCIL - None At 12:18 A.M., the order of the agenda was suspended to go back to item #5 in order to allow for public comment on the supplemental letter submitted this evening and final Council action. At 12:25 A.M., the order of the agenda returned to Citizen Comments. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - Hermosa Beach, commented on the downtown streetscape project and the downtown parking structure; and Bill Robb - Quality Thrift, Pier Avenue, said a yes vote on item #14, the proposed change in construction phasing for the Lower Pier Avenue Streetscape project, would have given Pier Avenue business owners front access to their businesses sooner. The Council agreed to meet Monday, April 14, 1997 at 6:00 P.M. for further discussion of the Lower Pier Avenue Streetscape Project - Proposed Change in Construction Phasing item. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, April 9, 1997 at the hour of 12:28 A.M. to an Adjourned Regular Meeting of Monday, April 14, 1997 at the hour of 6:00 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Monday, April 14 , 1997, at the hour of 6:12 P.M. PLEDGE OF ALLEGIANCE - John Hales, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz PUBLIC PARTICIPATION: No one came forward at this time to address the Council. 1. LOWER PIER AVENUE STREETSCAPE PROJECT - PROPOSED CHANGE IN CONSTRUCTION PHASING. Memorandum from Public Works Director Amy Amirani dated April 2, 1997. Supplemental information consisting of proposed change order no. 19 received from the Public Works Department on April 14, 1997 at the start of the meeting. City Manager Stephen Burrell presented the staff report and responded to Council questions saying that this amendment to the contract had been agreed to and signed by the contractor; that it allowed the contractor to do the remaining work concurrently rather than in specific phases; but, some of the contract specifications for fabricated items such as bollards, lights and the kiosk still remained to be resolved. City Attorney Michael Jenkins said this agreement released only the time-delay related claims by both parties to this date; that this wiped the slate clean and re-started the original contract with new schedules, new completion dates and incentives, and, new dates for the accrual of liquidated damages. Public participation opened at 6:51 P.M. John Burt - 1152 Seventh Street, related his conversations with people in the downtown area; Pete Tucker - 235 34th Street, questioned if there was a problem with the contractor supplying the fixtures and the palm trees to specifications; Bill Bastian - Patrick Malloy's Pub, questioned the 30 days that the contractor was behind in his schedule; said he could understand the four days lost to rain but wanted to know what had caused the delay to the other 26 days; Jack Raad - Unispec, General Contractor for the project, said that from the start date of January 2nd he had documented every delay; said that delays had been caused by Edison, Water and Gas companies, all work that should have been done prior to the start of his contract; asked that there be a full public hearing to air both the City's charges and his charges; and, Etus Della Ripa - Downtown Bakery, expressed concern that this new time schedule would not be met by the contractor; said that there had been problems with the project starting with the first day when only three men, shoveling dirt into bags, had been on the job. Public participation closed at 7:04 P.M. Proposed Action: To approve the proposed amendment to the contract, but, with the change that the City not waive its claim to liquidated damages to date. Motion Edgerton. The motion died due to the lack of a second. Action: To approve the staff proposed, "Change Order No. 19, Lower Pier Avenue Streetscape (CIP 94-160)", as presented which changes the time of completion, phasing, incentives and liquidated damages of the project. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Edgerton and the absence of Benz. City Manager Burrell said that the regular Council meeting of April 22, 1997, could not be held due to the conflict with Passover and asked that the Council approve an alternate date and include the continued public hearing for the Power Street development. Action: To approve the date of Tuesday, April 29, 1997, at the hour of 7:10 P.M. for the adjourned regular meeting, which will include the continued public hearing for the Power Street development, in place of the regular meeting of April 22, 1997. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time was: Jack Raad - Unispec, General Contractor for the project, said that he agreed with Councilmember Edgerton's suggested motion if it would allow his company not to waive its claims as well as the City; responded to Council questions. City Attorney Jenkins said that prior to the meeting Mr. Raad had opposed that offered option. Mr. Jenkins responded to Council questions. City Manager Burrell and Public Works Director Amy Amirani also responded to Council questions. Continuing to come forward to address the Council were: Pete Tucker - questioned the effect of possible additional delays; Missy Sheldon - suggested that the Council continue with the contract that had been signed by the contractor rather than speculate on the chance that a new agreement could be finalized; John Burt - expressed concerns regarding Council actions; and, Lisa Della Ripa - Downtown Bakery, suggested that the Council continue with the original agreement; questioned how long the sidewalks would be torn-up; said that she had been told two weeks at one time and almost double that at a later date. Proposed Action: To reconsider the main motion. Motion Bowler, second Edgerton. The proposed motion died when it was withdrawn by the maker. Proposed Action: To amend the main motion by including the stipulation that the mutual release of all time related claims will activate only if the project benchmarks were completed by the dates agreed to in Change Order No. 19. Motion Edgerton, second Oakes. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky and noting the absence of Benz. Continuing to come forward to address the Council were: Gary Vincent - Patrick Malloy's Pub, said that he felt it was important that the Council keep the threat of litigation as a deterrent to more delays by the contractor; Bill Robb - Quality Thrift, thanked the Council; Lisa Della Ripa - Downtown Bakery, said that she preferred the original agreement; and, Missy Sheldon - asked for a tentative schedule of the work to be done in the next two weeks. Public Works Director Amirani said that tomorrow there was an acid wash scheduled for the sidewalk on the south side of Pier Avenue and the installation of the granite pavers; also the demolition was scheduled for the north side of the street which would continue for a total of three days. It was announced that there would be a Downtown Merchants meeting tomorrow morning, Tuesday, April 15, 1997, at 9:00 A.M., at Patrick Malloy's Pub. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Monday, April 14, 1997 at the hour of 8:03 P.M. to the Regular Meeting of Tuesday, April 22, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 22, 1997, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, April 22, 1997, at the hour of 7:11 P.M., to an Adjourned Regular Meeting on Tuesday, April 29, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 29, 1997, at the hour of 7:16 P.M. PLEDGE OF ALLEGIANCE - John Hales, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced that there had been large crowds for the "Film Festival" and that he had enjoyed it very much. PRESENTATION: SOUTH BAY ST. PATRICK'S WEEKEND COMMITTEE PRESENTATION OF DONATIONS TO LOCAL CHARITIES J. Travis Devine and Jean Cullen, co-chaipersons for the St. Patrick's Day Weekend, invited Mayor Reviczky to assist as they presented $800 checks from the proceeds of the event to four charities, two local and two in Ireland. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Dick McCurdy - 451 25th Street, asked that item 1(j) be removed from the consent calendar; John Hales - 624 8th Place, said that the yellow line down the center of the Strand was fading and needed to be repainted; suggested that one of the civic groups in the City take the Vetter Windmill repair on as a community project; and, expressed his concerns regarding the dangerous intersection at Valley Drive, Ardmore and Pier Avenue and requested that the City begin the study for a traffic signal; Missy Sheldon - 1800 The Strand, spoke to remind everyone that the discount coupon books were still available through the Chamber of Commerce and invited everyone to come to the downtown area and see what was happening with the revitalization project; and, Celeste Coar - 2004 Loma Drive, questioned if there might be a prescriptive easement for the trail that had been used for years to connect Loma Drive with the Valley area at 20th Street. (b) COUNCIL COMMENTS: Council directed that staff begin early Police enforcement of the Strand due to the expected construction that would cause more congestion in the area. City Manager Stephen Burrell said that the Police will be starting the Beach Patrol next week. (c) WRITTEN COMMUNICATION - None 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Edgerton, (g) Mayor Reviczky, (j) Edgerton (for Dick McCurdy), and (l) Bowler. Motion Bowler, second Oakes. The motion carried by a unanimous vote, noting the absence of Benz. No one came forward to address the Council on items not removed from the consent calendar. At 7:33 P.M. the order of the agenda was suspended to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on April 8, 1997; 2) Minutes of the Adjourned Regular Meeting held on April 14, 1997; and, 3) Minutes of the Regular Meeting of April 22, 1997. Action: To approve the minutes of the Regular Meeting of April 8, 1997, the Adjourned Regular Meeting of April 14, 1997, and, the Regular Meeting of April 22, 1997 as presented. (Benz absent) (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 9924 THROUGH 10052 INCLUSIVE. Action: To ratify the check register as presented. (Benz absent) (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Benz absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH 1997 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the March, 1997, Financial Reports as presented. (Benz absent) (e) RECOMMENDATION TO ADOPT A RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE CITY OF HERMOSA BEACH. Memorandum from City Treasurer John Workman dated April 10, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5852, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1997." (Benz absent) (f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF 4/16/97. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to concerns regarding the possible removal of mature trees in Valley Park or on the Greenbelt. Community Resources Director Rooney responded to Council questions and said that the Parks, Recreation and Community Resources Advisory Commission was very concerned that all mature trees be kept if possible, and would require justification for any proposed removal. City Manager Stephen Burrell also responded to Council questions and said that the roots of the ficus trees that were raising the pavement in front of the Kiwanis and Rotary buildings could be cut back if the trees were "balanced" by also cutting back the tops. Action: To receive and file the action minutes from Parks, Recreation and Community Resources Advisory Commission meeting of April 16, 1997. Motion Edgerton, second Oakes. The motion carried, noting the absence of Benz. (g) RECOMMENDATION TO APPROVE AGREEMENT FOR GUARANTEEING A PAYMENT FOR THE ENGINEERING COST FOR THE MYRTLE AVENUE AND LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Memorandum from Public Works Director Amy Amirani dated April 10, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. City Manager Burrell responded to Council questions by saying that this obligated the City only if the districts should not be formed, and that the attached contract was an old SC Edison form and the wording would be changed to show payment required after the work was done rather than before. Action: To approve the staff recommendation to approve the agreement for guaranteeing a payment of $15,000 per district (possible $30,000 total) to Southern California Edison Company for its work on the preliminary engineering cost should the underground districts for Myrtle Avenue and Loma Drive not go forward, noting the amendment to clarify that payment would not be required until after the work had been done. Motion Mayor Reviczky, second Bowler. The motion carried, noting the absence of Benz. (h) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN CITY OF HERMOSA BEACH AND PROJECT TOUCH FOR THE USE OF ROOM 3 IN THE COMMUNITY CENTER FOR A PERIOD OF ONE YEAR AND AUTHORIZE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated April 21, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between Project Touch and the City for the use of Room 3 in the Community Center at a rate of $492 per month (529 sq.ft. X $.93 per sq.ft.) from June 1, 1997 through May 31, 1998, for a total rental income of $5,904; and, 2) authorize the Mayor to sign the lease. (Benz absent) (i) RECOMMENDATION TO APPROVE REQUEST FROM PROJECT TOUCH TO CONDUCT A CLASSIC CAR SHOW ON CLARK FIELD ON SUNDAY, OCTOBER 19, 1997. Memorandum from Community Resources Director Mary Rooney dated April 21, 1997. Action: To approve the Parks, Recreation and Community Resources Commission and staff recommendation to approve the request from Project Touch, a Hermosa Beach based non-profit organization, to conduct a Classic Car Show on Clark Field, Sunday, October 19, 1997, from 10:00 A.M. to 6:00 P.M. with the following requirements/waivers: 1.provide the City with a certificate of Insurance in the amount of $1 million; 2.indemnify the City; 3.provide the City with signed indemnification forms from all event participants; 4.waive the Clark Field rental fee of $25 per hour; 5.waive the $1.10 per participant/spectator fee; 6.waive the $300 Event Administration fee; 7.pay for one Police Officer on event day if deemed necessary by the Chief of Police; 8.pay for direct staff costs for Community Resources recreation leader @ $7 per hour; 9.pay for any Public Works services required (e.g., banner fees, man-hours); 10.abide by directions set forth by the Public Works Superintendent to protect the field and sprinkler system; 11.vehicles permitted on the field area only. A 20' fire lane must be maintained at all times. No vehicles permitted in the entry area where parking is prohibited; 12.no vehicles or equipment can be placed on the baseball diamond (northwest); 13.provide cardboard trash receptacles and a BFI bin to remove all trash debris from the event; 14.obtain any and all necessary Health Department clearances; 15.provide an event notice to neighbors immediately adjacent to the park at least two weeks in advance of the event; 16.abide by all of the rules and regulations for special events; 17.require portable toilets; 18.consider need for shuttle service; and, 19.require repair as necessary of field. (Benz absent) (j) RECOMMENDATION TO APPROVE REQUEST FROM SISTER CITY ASSOCIATION TO CONDUCT A HERMOSA BEACH 90TH BIRTHDAY COMMUNITY CELEBRATION WITH SISTER CITY LORETO, MEXICO ON THE COMMUNITY CENTER PARKING LOT ON JULY 26, 1997. Memorandum from Community Resources Director Mary Rooney dated April 21, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Coming forward to address the council on this item were: Jean Lombardo - 2465 Silverstrand, submitted information regarding the event, said that it would celebrate the 90th Anniversary of Hermosa Beach and the 300th Anniversary of Loreto; said that it would be open to all community groups; asked the City to co-sponsor the event; and, Dick McCurdy - 451 25th Street, explained the history of the proposed event; invited all other non-profit groups to join in and spoke of the great volunteer tradition in Hermosa Beach. Action: To approve the Parks, Recreation and Community Resources Commission and staff recommendation to approve the request from the Sister City Association, a Hermosa Beach based non-profit organization, to conduct a community celebration on the Community Center parking lot (1/2 of the lot area between the tennis courts) on July 26, 1997 from 7:00 P.M. to 11:00 P.M. subject to the following conditions: 1.Police Chief to determine if officer(s) are necessary for the safe conduct of the event; 2.provide portable trash bins and clean-up as required; 3.obtain any and all necessary Health Department clearances; 4.obtain ABC license as required; 5.notify residents immediately south of the Community Center; 6.abide by all of the rules and regulations for special events; and, 7.all event furniture and equipment must be removed from the Community Center Lot by 10:00 AM on Sunday. And, to approve the City's co-sponsorship of the event with the direction to staff to work closely with the Sister City Association. Motion Mayor Reviczky, second Bowler. The motion carried, noting the absence of Benz. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM PLANNING COMMISSION MEETING OF 4/15/97. Action: To receive and file the action minutes from the Planning Commission meeting of April 15, 1997. (Benz absent) (l) RECOMMENDATION TO APPROVE UPDATED LIST OF RECOMMENDED IMPROVEMENTS FOR HERMOSA VALLEY PARK. Memorandum from Community Resources Director Mary Rooney dated April 21, 1997. This item was removed from the consent calendar for separate discussion later in the meeting by Councilmember Bowler who said that his questions had been answered in item 1(f). Action: To approve the Parks, Recreation and Community Resources Commission recommendation to: 1) Approve the updated list of recommended improvements for Hermosa Valley Park composed of: a) Restrooms: renovate or replace the restrooms. b) Walkways: renovate walkways only as required to meet ADA standards. c) Landscaping: plant mature trees around the sports. field (note: leased from School District); improve park perimeter with fence or landscaping; and, address erosion issues in the park. d) Basketball Court: Resurface/improve existing courts. e) Picnic Facilities: Renovate picnic areas and equipment. Install additional tables and benches. f) Cement area (northwest side): incorporate a park facility(ies) to serve the uses of the cement pad including: tricycle riding, volleyball and placement of birthday party bounce toys g) Irrigation: design and renovate sprinkler system as needed. 2) Direct staff to return to Council with an implementation plan for this project; and 3) Include Commission subcommittee input in the development of the implementation plan for this project. Motion Bowler, second Oakes. The motion carried, noting the absence of Benz. 2. CONSENT ORDINANCES - None 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. The meeting recessed at the hour of 8:03 P.M. The meeting reconvened at the hour of 8:23 P.M. and continued with item 5. PUBLIC HEARINGS 4. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 24, 1997. City Manager Burrell said that the staff recommendation was to continue this item to the next meeting. The public hearing opened at 7:35 P.M. Coming forward to address the Council on this item was: Celeste Coar - 2004 Loma Drive, said that the "trail" from 20th Street and Power up to Loma Drive had been in use for many years; that she had started a trail user guest book four years ago that now contained over 200 signatures; asked that access be allowed to continue. The public hearing closed at 7:39 P.M. City Manager Burrell said that he was aware of the trail and had discussed this issue with the developer. Action: To approve the staff recommendation to continue this item to the Regular Meeting of May 13, 1997, in order to provide time for applicant to respond to the City consultant's report on proposed drainage plans for the project. Motion Oakes, second Edgerton. The motion carried noting the absence of Benz. At the hour of 7:40 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS - None 5. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. ADDITIONAL MEETINGS IN MAY. Memorandum from City Manager Stephen Burrell dated April 24, 1997. City Manager Burrell presented the staff report and responded to Council questions and said that there will also be a need to set up at least one closed session for negotiations and that he would speak with the Councilmembers involved to set dates for the Library Sub-Committee (Edgerton/Oakes) and Skateboard Park Sub-Committee (Benz/Oakes). Action: The date of Thursday, May 15, 1997, at the hour of 7:00 P.M. was agreed to by the Council for the Adjourned Regular Meeting to discuss City Council goals. (Benz absent) 6. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 7. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Reviczky for adoption of resolution in support of Proposition E on the June 3, 1997 ballot which calls for replacement funding for fire and paramedic emergency services in the Los Angeles County Consolidated Fire District. Mayor Reviczky spoke to his request. Action: To adopt Resolution No. 97-8553, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, URGING SUPPORT OF PROPOSITION E ON THE JUNE 3, 1997 BALLOT WHICH CALLS FOR REPLACEMENT FUNDING FOR FIRE AND PARAMEDIC EMERGENCY." Motion Mayor Reviczky, second Bowler. The motion carried, noting the dissenting vote of Edgerton and the absence of Benz. b. Request from Mayor Reviczky for City Council support of S392. Mayor Reviczky spoke to his request and said that this was a U.S. Senate bill to correct some of the inequities of the recently passed "Welfare Reform Bill" by restoring S.S.I. funding to the elderly poor, of which there were approximately 250 living in Hermosa Beach. Proposed Action: To approve City Council support for S392. Motion Mayor Reviczky. The motion died due to the lack of a second. There was no other action taken. (Benz absent) c. Request from Mayor Pro Tem Edgerton that we close the City because someone might sue us. Mayor Pro Tem Edgerton spoke to his request. There was no action taken. (Benz absent) d. Request from Councilmember Bowler for consideration of issuing a taxicab franchise. Councilmember Bowler spoke to his request. Action: To direct staff to investigate issuing taxicab franchises and report back to Council. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Edgerton and the absence of Benz. CITIZEN COMMENTS Coming forward to address the Council at this time were: John Burt - 1152 Seventh Street, felt that the City should remain open to everyone and that taxicabs should be available to drive people who had been drinking alcoholic beverages. City Manager Burrell announced that the closed session scheduled for tonight's meeting would not be held. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 29, 1997 at the hour of 8:45 P.M. to the Regular Meeting of Tuesday, May 13, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 13, 1997, at the hour of 7:16 P.M. PLEDGE OF ALLEGIANCE - Donna Love, resident ROLL CALL: Present: Benz, Bowler, Oakes, Mayor Reviczky Absent: Edgerton (arrived at 7:21 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced: 1.The Hermosa Beach Firefighter's Association would host a Pancake Breakfast on Sunday, May 25, 1997, at the Fire Station, from 7:00 A.M. until noon at a cost of $4.00 per adult and free for children under 5 years of age; 2.The Hermosa Beach Sister City Association would host a celebration of Hermosa's 90th birthday and its Mexican sister city Loreto's 300th birthday with a gala event on Saturday, July 26, 1997, starting at 7:00 P.M. at the Tennis Courts at the Community Center; and, 3.A savings to the City of $20,318 through the use of recycled water through the West Basin Water District's water reclamation project. Councilmember Oakes announced that there would be a presentation of "Livable Communities" made before the Planning Commission at its next meeting on May 20, 1997, at 7:00 P.M. and urged everyone to come down or view the presentation through cable TV channel 3's live broadcast. Councilmember Bowler concurred with its importance to the community. Councilmember Edgerton inquired regarding yellowing grass on Noble Park and the possibility of purchasing additional benches. Councilmember Oakes asked regarding the Greenbelt plans. City Manager Stephen Burrell responded that there was a break in the irrigation system that would be repaired and that the Parks, Recreation and Community Resources Advisory Commission would make recommendations for the Council at its next meeting. Councilmember Benz inquired when the Fire Department Disaster Preparedness volunteer training would start. City Manager Burrell responded that the kick-off was tentatively scheduled for July 3rd. PRESENTATIONS: Certificate of Appreciation to Robert BlackwoodPersonnel Director/Risk Manager Mayor Reviczky read the presentation, thanking Robert Blackwood for his 15 years of service with the City, then presented Mr. Blackwood with the Certificate and a Plaque of Appreciation from the City. Mr. Blackwood thanked the Council and City staff with whom he had worked. Presentation of Check for $1,500 for the City's 90th Birthday Celebration from Soldier of Fortune Productions, Inc. Terry Spacek with the "Soldier of Fortune" TV series, which will be filmed in Hermosa Beach, presented a check for $1,500 to representatives of the Hermosa Beach Sister City Association for its upcoming birthday celebration for Hermosa Beach and its sister city of Loreto, Mexico. PROCLAMATIONS: Water Awareness MonthMay, 1997 Mayor Reviczky presented a Proclamation for "Water Awareness Month" to Carol Kwan of the West Basin Water District. Ms. Kwan thanked the City, offered informational materials and said that any group that wished to tour its water treatment plant in El Segundo could make arrangements through her office. National Public Works WeekMay 18 - 24, 1997 Mayor Reviczky announced "National Public Works Week." PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Patrick Tanaka - 29 Fifth Street, spoke regarding parking enforcement; suggested two amnesty tickets per year for residents with parking permits who were ticketed for street sweeping violations. (b) COUNCIL COMMENTS: Mayor Reviczky directed, with the consensus of the Council, that the order of the agenda be suspended in order for Written Communication item (c)2 to be combined with item 9(b) and moved to after the public hearing item 4. (c) WRITTEN COMMUNICATION: 1. Letter from Betty Noble dated March 31, 1997, regarding banning dogs from Noble Park. Action: To receive and file the letter and review the problem after the irrigation system at the park was repaired to determine if this would revive the yellowing grass areas. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 2. Memorandum from Planning Commission dated May 1, 1997, regarding Lower Pier Avenue Street Closure. Coming forward to address the Council on this item was : Leslie Newton - 2041 Circle Drive, said that she concurred with the Planning Commission recommendation, that as a retail business owner in the area, it would be better for the businesses if lower Pier Avenue were allowed to become a pedestrian magnet. Action: To receive and file as an informational item. (see item B above.) Motion Bowler, second Oakes. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Mayor Reviczky. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:49 P.M. the order of the agenda was suspended to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on April 29, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Action: To approve the minutes of the Adjourned Regular Meeting of April 29, 1997 as amended in item 1(g) to include the following Italicized wording on page 9407: "...to clarify that payment would not be required until after the work had been done and the district is funded." Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10053 THROUGH 10187 INCLUSIVE, NOTING VOIDED CHECK NO. 10112, AND TO APPROVE CANCELLATION OF CHECK NO. 10136 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE THE USE OF THE GREENBELT PARKING LOT FOR FARMERS' MARKET DURING HOTEL CONSTRUCTION. Memorandum from Community Resources Director Mary Rooney dated May 6, 1997. Action: To approve the staff and Chamber of Commerce recommendation to approve the use of the Greenbelt Parking Lot at Valley Drive and Tenth Street on Fridays from Noon to 4:00 P.M. for the Chamber sponsored Farmer's Market during the downtown hotel construction period. (e) RECOMMENDATION TO AWARD CONTRACT FOR THIRD PARTY ADMINISTRATION OF LIABILITY CLAIMS TO FLEMING & ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A THREE YEAR TERM COMMENCING JULY 1, 1997. Memorandum from Personnel Director Robert Blackwood dated May 6, 1997. Action: To approve the staff recommendation to award the contract for Third Party Administration of Liability Claims to Fleming & Associates and authorize the City Manager to negotiate and execute a contract for the three year term commencing July 1, 1997 through June 30, 2000, at a cost of no higher than $9,750 per year, and with an option to negotiate a two year extension based on performance. (f) RECOMMENDATION TO ADOPT RESOLUTION APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Memorandum from City Clerk Elaine Doerfling dated May 7, 1997. Action: To approve the staff recommendation to adopt Resolution No 97-5854, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY.", in order to appoint an interim delegate, Viki Copeland, in the absence of Robert Blackwood. (g) RECOMMENDATION TO APPROVE PURCHASE OF LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated April 30, 1997. Action: To approve the staff recommendation to 1. approve the purchase of three laptop computers for the police department at a cost of $3,671 each, plus tax, the total cost of $11,921.58 to come from the COPS grant money: 153-2106-5402; and, 2. approve contract purchase based upon the State of California Multiple Award Schedule with Dell Computers: CMAS contract number: 3-94-70-0012. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a) 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. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 7, 1997, with a resolution for adoption. Community Development Director Blumenfeld presented the staff report, responded to Council questions and introduced Bruce Lewis, representing Hawthorne Savings. Bruce Lewis spoke to the problem of rainfall drainage in the area and gave a history of the flooding problems showing maps, topographical studies, schematics and renderings. Mr. Lewis responded to Council questions and detailed the remedial actions to be taken as the project was developed which included permeable paving, drainage pipes, water pumps and a peak water runoff catch basin. The public hearing opened at 8:30 P.M. Coming forward to address the Council on this item were: Dave Siebert - Manhattan Beach, said that this was a good development for the site as westerly slope development would create greater problems with water runoff for the area; Gordon Evans - 1769 Valley Park Avenue, spoke of the flooding history in the area; said that previously there had been two large sumps to collect water, one near 20th Street and one at the City Yard and that in heavy rainfall the Fire Department had pumped water using the Fire hoses; and, said that the westerly hill was a sand hill, mainly silica which sheds water like glass; Vicki Garcia - 1835 Valley Park Avenue, said that she appreciated the efforts taken by the developers to try to mitigate the water runoff problem; questioned if the private street could be required to be made of permeable material in perpetuity to preclude solid paving at some future time; and, said that she had a swimming pool, which requires a six foot height from both sides of the fence, and questioned how the two foot raise in elevation for this development could accommodate this requirement; John Burt - 1152 Seventh Street, expressed concern regarding short water pipes; (first name indistinct) Garcia - Valley Park Avenue, spoke regarding a similar situation in Redondo Beach in which the development had been allowed to connect to the County storm drain; Celeste Coar - 2004 Loma Drive, spoke of the gardens at the top of the westerly slope on lot 4 and the trail that led up to them from the Valley area; said the trail had been used by residents and visitors for a long time and that the gardens would fall without a 12 to 16 foot retaining wall; and, Lisa Ryder - 1940 Monterey Blvd., spoke regarding saving the mature trees on the project; said that she understood that the two pine trees and the liquid amber tree could be saved and hoped they would not "accidentally" be destroyed during development, but questioned why the eucalyptus tree could not also be saved; said that Manhattan Beach had a tree ordinance that prevented mature trees from being cut down and asked why Hermosa did not enact a similar ordinance. The public hearing closed at 8:56 P.M. Proposed Action: To deny the project and request that the developers go back to Los Angeles County to obtain permission to connect to the County storm drain. Motion Edgerton. The motion died due to the lack of a second. Public Works Director Amy Amirani responded to Council questions and said that the County would not allow a diversion of water flow that could create a problem to another area. City Attorney Michael Jenkins also responded to Council questions and said that a separate agreement could be required of Hawthorne Savings to indemnify the City from water runoff lawsuits. Action: To approve the staff recommendation to sustain the Planning Commission's decision to approve the Subdivision, Conditional Use Permit for an R-1 PD Planned Development, Vesting Tentative Tract Map #52267 subject to conditions, and to approve the resolution in concept subject to the following conditions: 1.the private street and parking areas be made of permeable paving in perpetuity; 2.the wall height on the east side of the development could be increased on a case-by-case basis; 3.a separate indemnification agreement for the City be created with Hawthorne Savings; and, 4.a third pump be added to the requirements. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. The meeting recessed at the hour of 9:35 P.M. The meeting reconvened at the hour of 9:58 P.M. and heard combined items (c)2 and 9(b) but all items are shown in order for clarity. MUNICIPAL MATTERS 5. PROGRESS REPORT - LIBRARY COMMITTEE. Memorandum from City Manager Stephen Burrell dated May 7, 1997. This item was heard at 10:50 P.M. City Manager Burrell presented the staff report saying that new legislation provides that notice given to the County in December, 1997, will result in an effective withdrawal on July 1, 1998, with funds from property taxes now received by the library shifted to the City. Mr. Burrell continued and said that after the committee members visit other sites, in order to compare a City-operated library with the County operation, a proposal will be developed and presented to the City Council in the early fall with plenty of time for public hearings before a decision is made on whether or not to provide notice to the County and actually implement a City-operated alternative. Action: To approve the staff recommendation to accept the report and acknowledge that staff will be spending time on developing information and providing support to the committee. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 6. SPECIAL STUDY TO EXAMINE THE STATUS OF THE EXISTING LAND USES LOCATED ON VARIOUS LOTS ZONED M-1 INCONSISTENT WITH THE GENERAL PLAN DESIGNATION. Memorandum from Community Development Director Sol Blumenfeld dated May 5, 1997. Action: To continue this item to the Adjourned Regular Meeting of May 29, 1997. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. OUTDOOR DINING PROGRAM - LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated May 7, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To receive and file the memorandum detailing the Planning Commission study (to be heard at its May 20, 1997 meeting) of an outdoor dining program, subject to guidelines and the encroachment permit process, and which includes the parking plan, outdoor dining guidelines, the ordinance text amendment and the resolution authorizing an application to the Coastal Commission, which will come before the Council through an appeal at the May 29, 1997, meeting. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request from Councilmember Benz to direct staff to follow the policy set by the Council regarding issuance of parking tickets. Councilmember Benz spoke to his request. City Manager Burrell responded to Council questions. Action: To direct staff to return with wording for a Council policy decision regarding the issuance of parking tickets. Motion Benz, second Bowler. The motion carried by a unanimous vote. b. Request from Mayor Pro Tem Edgerton to schedule a discussion on vehicle access to Lower Pier Avenue. (This item was combined with item (c)2 and heard prior to item 5 at the hour of 9:59 P.M., but is shown in order for clarity.) Councilmember Edgerton spoke to his request. Public participation opened at 10:03 P.M. Coming forward to address the Council on this item were: Janet (last name indistinct) - 53-D Pier Avenue, said that she concurred with the concept of a pedestrian mall as long as there was adequate parking in the area, but felt that there should be parking allowed during the day (banned at night) while the parking structure was under construction; Don Falkenstien - Hermosa Beach, spoke in support of parking on lower Pier Avenue; Chris Pike - Sangria, spoke in favor of a pedestrian mall, but agreed with parking during the day while the parking structure was under construction; John Burt - 1152 Seventh Street, spoke in support of parking; Jerry Newton - 2041 Circle Drive, spoke in favor of a pedestrian mall; expressed concern with the traffic flow at the turn around area and felt this would be both a bottle-neck and a potential safety problem; suggested a public hearing after a 30 day trial with no parking; Bill Bastian - Patrick Malloy's, opposed to traffic in the area; favored a pedestrian mall as a nicer alternative; questioned the Beach Drive exit and potential traffic confusion; (name indistinct) - Cantina Real, asked that there be no traffic for the safety of the pedestrians; Alice Villalobos - 1947 Manhattan Avenue, said that she loved what is happening to the downtown area and would like it to be a pedestrian mall; said that Cinco de Mayo showed what the area could become with music and people in the street; Lionel Vincent - 1816 Stanford, Redondo beach, said that in order to make a promenade you had to eliminate automobiles; said that out of every ten cars going into the area nine would not find a place to park; said that the retail merchants had more to gain from people walking by a shop to look in the windows than from someone passing by in an automobile; Ed Perry - Brewski's, said that he was going to open for lunch and would need the parking as there was not enough downtown activity to support a lunch crowd that did not drive to the area; said that a no parking plan would slow down Coastal Commission approval of outdoor dining; Lisa Ryder - 1940 Monterey Blvd., said that she was thrilled at the thought of a pedestrian mall in the downtown; said that she would feel safer taking her small children if there were no automobile traffic and thought that other families would use the area more as well; and, said that she lived nearby and went into the downtown often and had rarely had a parking problem during week-days, agreed that there was a problem on the week-ends and at night; Gary Wayland - 1097 Aviation, said that he had worked for years to encourage the upgrade of the downtown area; said that he believed that a reasonable decision could be reached and urged the Council to ban cars for at least 30 days and then have a public hearing for a decision; Dallas Yost - Pacific Screenprint, said that his business needed the parking; suggested that the Council allow parking until the CUPs for outdoor dining were in place as the area would be deserted until that happened anyway; Peter Rowels - 1037 Sunset Drive, agreed with Mr. Yost; asked that things be left with parking the way it had been; Ron Pizer - 518 Strand, urged that the Council leave the street closed for 90 days to give people a chance to realize what was happening; said that the vast majority of people and business owners that he had talked with wanted the street to be closed; Missy Sheldon - 1800 Strand, urged the Council to vote to consider a public hearing to allow the downtown area to be a pedestrian mall; said that most people assumed that there would be no traffic in that area anyway; asked that the Council try not having cars on the new paving and then if it did not help business there could always be a change; said that the great thing about the downtown improvements was the flexibility that had been built into the plan; and, said that there were many things that could be considered such as valet parking, tandem parking in one lot and the possibility of street parking in winter months when outdoor dining would be impractical; Jim Dewey - 711 Manhattan Avenue, said that the downtown parking could not be considered as beach parking as it was limited to only one hour; urged that the Council have a public hearing before allowing cars into the area and to keep it closed to traffic while it is new and clean; Patrick Tanaka - 29 Fifth Street, spoke in favor of a closed street; said that it would be like the European cities with pedestrian promenades and outdoor dining; and, (name indistinct) - Il Boccaccio, spoke in favor of valet parking. Public participation closed at 10:38 P.M. City Manager Burrell said that the earliest that automobiles might be able to drive in the area would be June 9th and the City was planning a grand opening of the renovation for June 28, 1997. Mr. Burrell also said that parking removal would require the provision of alternate spaces with the Coastal Commission. Action: To return with a time table and suggested Council considerations at the meeting of May 29, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said he was in favor of outdoor dining; and, expressed concern regarding the Police Department's purchase of laptop computers. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL - The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a. Existing Litigation: Pursuant to Government Code Section 549567.9(a) Name of Case: Hermosa Beach Walk Street Homeowners, Steve Yeager, George Lanz, Charles Danforth and Savitri Carlson v. City of Hermosa Beach Case Number: YC028756 2. CONFERENCE WITH LABOR NEGOTIATORGovernment Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: As Follows: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 1997, at the hour of 11:00 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 11:05 P.M. Councilmember Edgerton declared a conflict of interest due to living in the area of the Hermosa Beach Walk Street Homeowners Case and left the meeting at the hour of 11:15 P.M. At the hour of 11:45 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement, but it was announced that the closed session would be continued May 15, 1997, after the Adjourned Regular Meeting. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 1997 at the hour of 11:46 P.M. to the Adjourned Regular Meeting of Thursday, May 15, 1997 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 15, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Eleanor Lynn, resident ROLL CALL: Present: Bowler, Oakes, Mayor Reviczky Absent: Benz, Edgerton (Councilmember Edgerton arrived at 7:20 P.M.) ALSO IN ATTENDANCE: Stephen R. Burrell, City Manager and Naoma Valdes, Deputy City Clerk 1. REVIEW OF 1997-98 PROJECTS AND WORK PLAN. City Manager Burrell gave an overview of the progress made on the goals for 1996-97 and said that the following is a listing of the major projects that the City will be undertaking during the coming year. Mr. Burrell said that currently there were large projects underway, citing the Downtown Renovation, Clark Building seismic retrofit and $700,000 in Sewer Renovation as examples, and that staff could not handle more than four or five such projects in a year so some items would have to wait to begin until others were finished. City Manager Burrell said that the purpose of this list is to help keep track of where we are going and to maintain some focus so that we can complete the longer term projects. Mr. Burrell continued by saying that each of the projects listed below is funded and has City Council approval to move to the next stage of development; that the projects are listed in the order that they will be processed; and, asked the Council to review the projects and make sure that they are consistent with Council direction: PROJECTS UNDERWAY (MAJOR) Pier Renovation Parking Structure Greenbelt Renovation City Hall Renovation Valley Park Renovation Noting the imminent improvement plans for two of the City's largest Parks, City Manager Burrell suggested that a joint meeting of the City Council with the Parks, Recreation and Community Resources Advisory Commission be scheduled within the next few weeks in order to discuss long range planning and priorities. Mr. Burrell said it was important that a long range funding plan be established for park and facility maintenance as current improvements were being funded by the excess from the four percent UUT, which was no longer being collected. Action: To direct staff to schedule a joint meeting with the Parks, Recreation and Community Resources Advisory Commission and to include an estimate of the funding needed for an on-going maintenance program. Motion Bowler, second Oakes. The motion carried by a unanimous vote , noting the absence of Benz. Underground Assessment Districts Traffic Signals at 13th and 14th Streets and Hermosa Avenue This would include new lighting standards and eliminate the lead wiring in these signals. Street work - Hermosa Avenue from Pier Ave. to 16th Street This would also include sewer and repaving along Hermosa Avenue. Street Rehab - Residential Council questioned which streets would receive work. City Manager Burrell said that with 64 miles of streets, all needing some repair, this year's work would probably not be on the worst streets as the street budget could only manage slurry seal and therefore the attempt was to try to prolong the life of streets that did not need major repair. Sewer Rehab Project Council questioned if wiring underground could be combined with sewer projects if the residents on the streets wished to form a district for this purpose. City Manager Burrell responded that it was the City's intent to try to encourage this however the cost was roughly $500 per running foot and there was a two-year lead-in to create an underground district. Strand Repair - 25th Street to 35th Street Upper Pier Avenue Design WORK PLANS, STUDIES, ADMINISTRATIVE ITEMS Parking Management Plan (under way) Long-term Financial Plan Facilities Maintenance Plan City Manager Burrell said this needed to be set-up in order to have a long term plan for all maintenance, saying that on-going maintenance was less costly than major repairs, citing the cost of water damage from leaking roofs. Internet Program WAVE Program - Shuttle Program Community Center Renovation City Manager Burrell said that most of the work was on the infrastructure, citing electrical problems and ADA access issues. Department Work Flow Reports Public Works Field Service Community Resources Work Flow/Financial Audit Community Development Work Flow/Financial Audit City Clerk / Personnel / City Manager City Manager Burrell said that he was planning to review operations with the employees and an outside source (possibly a retired employee from another city) on a department by department basis to determine work efficiency. Mr. Burrell also noted that there would be a financial audit for both Community Resources and Community Development as both departments received cash payment fees. Newspaper Rack Ordinance City Manager Burrell said that this item would come back as there had been new Court decisions made which increased the ability of cities to control newsracks. AB939 Commercial Implementation of Recycling City Manager Burrell said that the City currently recycled approximately 30 percent of its refuse, but by 2000 the state mandated a 50 percent reduction. Mr. Burrell continued saying that the City would start recycling commercial paper next year and to look at increased fees by BFI for recycling. Action: To include the goal of adding "green waste" to the recycling effort. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote, noting the absence of Benz. Action: Mayor Reviczky directed, with the consensus of the Council, that staff place the site listing for "Hazardous Waste" special pick-ups on the City's website. Administrative Procedures Ordinance City Manager Burrell said that a new state law allowed the City to levy fines (similar to parking tickets) rather than infraction or misdemeanor citations which often require court time to enforce, for violations such as animal complaints, trash can violations, sign violations or zoning non-compliance. Banner / Sign Ordinance It was remarked that Councilmember Benz had agreed to be the one-person sub-committee to work on simplifying the sign ordinance and a progress report was needed. Vacation of Walk Streets Review Business License Ordinance Pier Avenue Gateway Council expressed the desire to see more attractive signage for all of the City's entryways, better directional signage and better signage for parking. LONGER TERM / ONGOING Pacific Coast Highway / Aviation Economic Program Council inquired if anything could be done, such as condemnation, to the property south of Vasek Polak's Porsche dealership that had been abandoned. Council also asked that a process such as R/UDAT, with an outside facilitator and a great deal of public input be started for the Pacific Coast Highway/Aviation commercial corridor. Citywide Residential Street Program Edison Underground Projects Action: Mayor Reviczky directed that the City Manager get an update from Edison regarding the status of the undergrounding program. NPDES (NRDC) Action: To direct staff to return to Council with a program requiring grease interceptors and traps for restaurants, on a shared basis where possible. Motion Oakes, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Benz. Oil Project / City Yard Relocation City Manager Burrell said that the Coastal Commission would hear Mr. Macpherson's project in August with the completed application coming back in a few weeks. He said that the item would not come back before the Council as it was ministerial only. Mr. Burrell asked that Council give general direction to staff to be alert for another location for the City Yard. 2. 1997-98 PLANNING GOALS AND DIRECTION. a) Councilmember addition to goals for 1997-98. Councilmember Bowler said that he would like: 1.to stress the need for a strong emphasis on keeping the newly renovated downtown area clean and safe with a Police presence for lower Pier Avenue; 2.the possibility of street musicians in the downtown area and the need for a selection process and licensing if needed, also the delineation of a performance area in Noble Park, at the beach or at the Pierhead; 3.the encouragement of public art in public open spaces; give direction to staff to include more public art or public art spaces; 4.an update on the legal issues regarding a separate bike path on the sand; 5.a study of the Valley/Ardmore intersections and traffic studies to deter thru-traffic from using residential streets; and, 6.possibly adding the position of a paid webmaster to provide an increase in information for the City website that would allow a unified internal format with e-mail available directly to departments and the ability of the public to pay fines, apply for permits or respond to opinion polls. Councilmember Edgerton said that many of his goals had been accomplished or were in the process of being completed but questioned when the signs would be changed delineating the changes in parking hours. City Manager Burrell said that the change of hours had to be approved by the Coastal Commission and that probably would take place in July of this year. Mr. Edgerton continued that he would like to see a weekly music program on the beach, not a rock concert but a low-key "Sunset Series on the Sand" during the summer months. Mr. Burrell responded that this would be appropriate to bring up at the joint meeting with the Parks, Recreation and Community Resources Advisory Commission. Councilmember Oakes said that she would like to see both a short term and a long term program to slow bicycle traffic on the Strand; City requirements for grease interceptors for restaurants and automotive shops as most cities have, and a resumption of the City Commissions and Council versus the City staff summer softball challenge. Mayor Reviczky spoke of staff accomplishments in 1996, saying that 80 to 90 percent of the goals were coming to fruition. Mr. Reviczky complimented staff by saying that he was very proud of the hard work done by City staff to produce these results and saying, "They made us look good." 3. CITIZEN COMMENTS: Coming forward to address the Council at this time were: Eleanor Lynn - Hermosa Beach, said that one of the best ideas to come before the Council was to try to get people to clean out their garages so that more cars could be parked off the streets; said that the streets definitely needed repair and that she would settle for slurry seal; and, expressed concern regarding the preliminary design submitted by the consultant for the Greenbelt and questioned when this item would come back; and, Luis Chuey - (no address given), asked for the City's web address. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: a) CONFERENCE WITH LABOR NEGOTIATORGovernment Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: As Follows: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 15, 1997 at the hour of 9:04 P.M. to the closed session. At the hour of 9:53 P.M. the closed session reconvened to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 15, 1997 at the hour of 9:53 P.M. to the Regular Meeting of Tuesday, May 27, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 27, 1997, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, May 27, 1997, at the hour of 7:11 P.M., to an Adjourned Regular Meeting on Thursday, May 29, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, May 29, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Betty Ryan, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Oakes apologized and announced that she would have to leave early tonight due to a death in her family. Councilmember Edgerton questioned the proposed rate increase by Century Cable and was told that protests could be made jointly with Manhattan Beach or each city could file its own protest. Councilmember Benz questioned the unusual, uncomfortable benches in the downtown Pier Avenue renovation. Mayor Reviczky announced that tonight's meeting would be adjourned in memory of Councilmember Oakes' father-in-law, Leland Oakes. PRESENTATIONS: PRESENTATION TO THE HERMOSA BEACH FILM FESTIVAL COMMITTEE Mayor Reviczky thanked the members of the Film Festival Committee for their work and a job well done and presented them with a glass trophy, made by Dick McCurdy, of the type that had been presented to the winners of the film categories. The Film Festival members thanked the City and the Council for the support that they had been given. PRESENTATION OF A CHECK FOR $1000 FOR THE CITY'S 90TH BIRTHDAY CELEBRATION TO THE HERMOSA BEACH SISTER CITY ASSOCIATION FROM THE HERMOSA BEACH WOMAN'S CLUB Betty Ryan of the Woman's Club presented a check in the amount of $1,000 to Jean Lombardo and Dick McCurdy of the Hermosa Beach Sister City Association to be used for the gala dinner dance celebration of the 90th Birthday of Hermosa Beach and the 300th anniversary of its Sister City, Loredo, Mexico, to be held outdoors at the Community Center tennis courts on Saturday, July 26, 1997, at 7:00 P.M. for a donation of $25.00 for adults and $10.00 for children. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: John Hales - Hermosa Beach, thanked the City for repainting the yellow line on the Strand; and, Carol Barnaby - 1223 Hermosa Avenue, concerned about the cost of the benches for Noble Park; said that the Manhattan Beach Strand had benches for people to sit, rest and watch the view but Hermosa Beach Strand had nowhere for the elderly or the handicapped to sit, rest and be out of danger from speeding bicycles, skaters or skateboards; showed photos. City Manager Stephen Burrell announced that an item had arisen after the posting of the agenda that the Council might wish to consider as an urgency matter. City Attorney Michael Jenkins said that two findings must be made in order to consider this item: 1) that the matter presented an immediate need to take action, and, 2) that the matter had arisen after the agenda had been posted, both of which were met by this item. Mr. Jenkins continued that in order to hear this item a four-fifths vote was needed. Action: To consider the request by the AVP to approve a Hermosa Beach Open Volleyball Tournament for June 13-15, 1997, as an urgency item with an immediate need for action that arose after the agenda was posted, to hear the matter as the last item under Municipal Matters, item 9, and to renumber the remaining items. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (b) COUNCIL COMMENTS: Mayor Reviczky clarified that the high cost of the wooden benches for Noble Park was due to a special treatment that was given to the wood benches in order for them to withstand the sun and the salt air. Councilmember Benz complimented the Firefighter's Association on its very successful Pancake Breakfast. (c) WRITTEN COMMUNICATION: 1. Letter from John Rogers of Seasprites Daycare Center regarding placement of a memorial for Haley Rogers in Hermosa Valley Park consisting of a park bench and a tree. City Manager Burrell said that this bench would be the same type as the one in Noble Park. Action: To direct staff to work with Mr. Rogers on this project. Motion Benz, second Oakes. The motion carried by a unanimous vote 2. Letter from Donley Falkenstien regarding proposed closure of Pier Avenue from vehicular traffic and elimination of all parking spaces. Action: To receive and file. Motion Benz, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Mayor Reviczky, (j) Edgerton, (k) Benz, (m) Mayor Reviczky, and (n) Edgerton. Motion Bowler, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:41 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on May 13, 1997; and,2) Minutes of the Adjourned Regular Meeting held on May 15, 1997. Action: To approve the minutes of the Regular Meeting of May 13, 1997 and the Adjourned Regular Meeting of May 15, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10188 THROUGH 10313 AND TO APPROVE THE CANCELLATION OF CHECK NOS. 10019 AND 10242 AS REQUESTED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE APRIL, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the April, 1997, Financial Reports as presented. (e) RECOMMENDATION TO SET TUESDAY, JULY 8, 1997, AS A PUBLIC HEARING TO DISCUSS VEHICLE ACCESS TO LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated May 21, 1997. Action: To approve the staff recommendation to set Tuesday, July 8, 1997, as a public hearing to discuss vehicle access to lower Pier Avenue. (f) RECOMMENDATION TO APPROVE THE USE OF THE COMMUNITY CENTER LAWN BY THE KIWANIS CLUB TO OPERATE A HOLIDAY TREE LOT FOR THE 1997 HOLIDAY SEASON. Memorandum from Community Resources Director Mary Rooney dated May 21, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to approve the use of the Community Center lawn by the Kiwanis Club to operate a Holiday tree lot for the 1997 holiday season with the following conditions: 1.The location of the trees shall be on the east lawn of the Community Center; 2.The area can be fenced in and lighted; 3.Temporary signs can be installed on the front lawn; 4.Kiwanis will assume all costs for restoring the area back to its original state, with the Public Works Department approving all work; said work to be completed by January 15, 1998; 5.Kiwanis will be allowed to have a camper on 11th Place for 24 hour security purposes; 6.Kiwanis will pay to the City any other costs incurred by the City with regard to this project; 7.Kiwanis may occupy the site from November 17, 1997 through December 31, 1997; 8.Kiwanis will provide liability insurance in the amount of $1 million (consistent with leases); and 9.The City will waive the temporary power pole permit fee of $36. (g) RECOMMENDATION TO APPROPRIATE DONATIONS TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated May 22, 1997. Action: To approve the staff recommendation to appropriate the following donations to the Community Resources Department: 1.Manhattan Ford - $2,000 for maintaining the volleyball courts; 2.South Bay Surfrider Foundation - $1,000 for summer Surf Camp; 3.Pet Parade Pet Sitting - $100 for the annual Dog Parade; and, 4.Browning-Ferris Industries has requested that $600 donated previously for the discontinued downtown banner program now be used to maintain the Roller Hockey facilities at South Park. (h) RECOMMENDATION TO AWARD CONTRACT TO EASTWOOD TENNIS SURFACE, INC. IN THE AMOUNT OF $9,800 FOR GRINDING, RESURFACING AND RE-STRIPING OF THE SOUTH PARK ROLLER HOCKEY RINK. Memorandum from Public Works Director Amy Amirani dated May 21, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting due to his request for an expense and revenue statement for the operation of the roller hockey rink. Action: To direct staff to bring the item back at the budget workshop of June 3, 1997, with the expense and revenue statement. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (i) RECOMMENDATION TO AWARD CONTRACT TO SASE COMPANY IN THE AMOUNT OF $13,181.06 FOR THE PURCHASE OF TWO A VON ARX MODEL SURFACE PREPARATION MACHINES. Memorandum from Public Works Director Amy Amirani dated May 21, 1997. Action: To approve the staff recommendation to: 1.Authorize purchase of Two (2) A Von Arx Model Surface Preparation Machine(s), from SASE Company of California, complete with spare Cutters and a Vacuum for a cost of $13,181.06; 2.Reject all other bids; and, 3.Allow the Public Works Director to make modifications within budget. (j) RECOMMENDATION TO AUTHORIZE THE PURCHASE AND INSTALLATION OF THREE (3) BENCHES FOR NOBLE PARK AND APPROPRIATE $3,500 FROM THE PARKS FUND TO COVER THE COST. Memorandum from City Manager Stephen Burrell dated May 22, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to questions regarding the length of time before the benches are installed and concerns about malfunctioning sprinklers, saying that some areas received too much water and some areas received none. City Manager Burrell responded to Council questions and said that it would take at least six weeks to order the benches and an additional week to install them, so the benches would be in place approximately mid-August. Action: To approve the staff recommendation to authorize the purchase and installation of three (3) benches for Noble Park and appropriate $3,500 from the parks fund to cover the cost and to direct staff to correct the sprinkler system. Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote. (k) RECOMMENDATION TO ALLOW USE OF INCENTIVE AND CONTINGENCY FUNDING PREVIOUSLY ALLOCATED TO THE LOWER PIER AVENUE STREETSCAPE PROJECT TO COVER ADDITIONAL ARCHITECTURAL, CONSTRUCTION MANAGEMENT AND CONSTRUCTION RELATED COSTS ON THAT PROJECT. Memorandum from Public Works Director Amy Amirani dated May 22, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding how much the additional work would cost and the justification for the additional cost. City Manager Burrell responded to Council questions. Public Works Director Amy Amirani also responded to Council questions saying that $36,000 was for the architectural firm, IBI, and that ASL, the construction management firm overseeing the contractor's work, would need $24,000. Action: To approve the use of $60,000, allocated for incentive funding and the remaining contingency funding, to the Lower Pier Avenue Streetscape Project (CIP 94-160) to cover additional architectural, construction management and construction related costs on that project. Motion Benz, second Oakes. The motion carried, noting the dissenting vote of Edgerton. (l) RECOMMENDATION TO ADOPT RESOLUTION DECLARING INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-98 FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998, AND APPOINTING A TIME AND A PLACE FOR PUBLIC HEARING IN RELATION THERETO. Action: To approve the staff recommendation to adopt Resolution No. 97-5855, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998 FOR THE FISCAL YEAR BEGINNING JULY 1, 1997 AND ENDING JUNE 30, 1998, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO." (m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-98. Supplemental information from the Public Works Department containing the engineer's report received May 29, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting due to not having the engineer's report included with the staff item, but, as the report had come in as a supplemental item it had answered Mr. Reviczky's questions. Action: To approve the staff recommendation to adopt Resolution No. 97-5858, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998." Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (n) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 20, 1997. Supplemental letter from Robert Wickwire, 2900 Amby Place, regarding plans and permits for two-unit condos at 609 & 613 - 30th Street, received May 29, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting due to questions regarding the Supplemental letter from Robert Wickwire. Community Development Director Blumenfeld responded to Council questions. City Attorney Jenkins also responded to Council questions saying that a zone change could not be made without a public hearing. Action: To receive and file the letter from Robert Wickwire. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Further Action: To remove item 9, sign variance for Vasek Polak's BMW dealership at 2901 & 3001 Pacific Coast Highway, from the action minutes for Council review and reconsideration. Motion Benz, second Edgerton. (note: two Councilmembers may remove an item for reconsideration without a full vote of the Council.) Final Action: To approve the staff recommendation to receive and file the balance of the action minutes from the Planning Commission meeting of May 20, 1997. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(h), (j), (k), (m) and (n) 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 8:34 P.M. The meeting reconvened at 8:56 P.M., noting the absence of Councilmember Oakes, and returned the order of the agenda to Municipal Matters starting with item 6. PUBLIC HEARINGS 4. TEXT AMENDMENT TO ADD THERAPEUTIC MASSAGE TO COMMERCIAL PERMITTED USE LIST. The public hearing opened at 7:43 P.M. Coming forward to address the Council on this item was: Maureen Gray - Redondo Beach, said that she had a therapeutic massage business in Hermosa Beach and was concerned that the City had no standards in place to govern the experience or the knowledge a person must have to practice this type of work. The public hearing closed at 7:45 P.M. Action: To continue this item to the Regular Meeting of June 10, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 5. RECONSIDERATION OF A PLANNING COMMISSION DETERMINATION TO PERMIT OUTDOOR DINING ALONG PIER AVENUE THROUGH APPROVAL OF A PARKING PLAN, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION. Memorandum from Community Development Director Sol Blumenfeld dated May 21, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:48 P.M. Seeing no one come forward to address the Council on this item, the public hearing closed at 7:48 P.M. Action: To approve the staff recommendation to: 1) waive full reading and introduce Ordinance No. 97-1171, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION."; 2) adopt Resolution NO. 97-5856, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUBMIT REQUESTS TO THE COASTAL COMMISSION TO IMPLEMENT ELEMENTS OF THE DOWNTOWN IMPROVEMENT PROJECT, INCLUDING A REQUEST FOR A LAND USE PLAN AMENDMENT TO CHANGE THE DESIGNATION OF PIER AVENUE FROM A COLLECTOR TO A LOCAL STREET AND AN APPLICATION FOR A COASTAL DEVELOPMENT PERMIT TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND TO INSTALL PARKING METERS TO CHARGE FOR SHORT-TERM PARKING ON UPPER PIER AVENUE."; and, 3) adopt Resolution NO. 97-5857, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO SUSTAIN THE PLANNING COMMISSION'S DECISION TO APPROVE A PARKING PLAN FOR A REDUCED PARKING REQUIREMENT AND TO ACCEPT SET ASIDE FUNDS IN-LIEU OF PROVIDING REQUIRED PARKING TO ALLOW OUTDOOR DINING ON LOWER PIER AVENUE AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Motion Edgerton, second Benz. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None The order of the agenda was returned to item 3 for items removed from the consent calendar. MUNICIPAL MATTERS 6. SPECIAL STUDY TO EXAMINE THE STATUS OF THE EXISTING LAND USES LOCATED ON VARIOUS LOTS ZONED M-1 INCONSISTENT WITH THE GENERAL PLAN DESIGNATION. (Continued from meeting of May 13, 1997) Memorandum from Community Development Director Sol Blumenfeld dated May 20, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Action: To change the basic zone to Residential with an Commercial-Manufacturing overlay. Motion Edgerton, second Benz. The motion carried, noting the dissenting vote of Mayor Reviczky and the absence of Oakes. 7. CENTURY CABLE RATE INCREASE FOR BASIC CABLE SERVICE. Memorandum from Assistant City Manager Mary Rooney dated May 20, 1997. Supplemental letters opposing the rate increase from Doreen Myhers, 357 - 31st Street and Aileen Martin, 329 - 31st Street, dated May 29, 1997. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 9:54 P.M. Coming forward to address the Council on this item were: Greg Butler - Interim General Manager for Century Cable, responded to Council questions. Robert Wickwire - 2900 Amby Place, said that he believed the company would not benefit from the increase as many other people would do as he intended to do and drop their premium channels; and, said that the inflation rate quoted was for Connecticut, not for California. Public participation closed at 10:15 P.M. Action: To approve the staff recommendation to approve the following steps as the City's response to the 22 percent rate increase (from the current $20.08 to $24.61 to start July 1, 1997) for basic cable service: 1.Draft an Accounting Order as provided in Attachment C; and, 2.Direct the City Attorney to file a protest with the FCC for the rate increase based on consumer complaints. Motion Edgerton, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. The meeting recessed at 10:18 P.M. The meeting reconvened at 10:22 P.M. 8. PARKING STRUCTURE COMMITTEE PROPOSAL. Memorandum from Public Works Director Amy Amirani dated May 20, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to set up a committee to oversee the implementation of the proposed parking structure located at 13th Street and Hermosa Avenue and to select Councilmember Bowler and Mayor Reviczky as the Council sub-committee members. Motion Edgerton, second Benz. The motion carried by a unanimous vote, noting the absence of Oakes. 9. CONSIDERATION OF THE REQUEST BY THE AVP TO APPROVE A HERMOSA BEACH OPEN VOLLEYBALL TOURNAMENT FOR JUNE 13-15, 1997, AS AN URGENCY ITEM THAT AROSE AFTER THE AGENDA WAS POSTED. City Manager Burrell presented the staff report and responded to Council questions saying this action would be contingent on the actions regarding the tournament in Manhattan Beach. Public participation opened at 10:35 P.M. Coming forward to address the Council on this item were: John Stevenson - representing the AVP, said this request was being made in order to have this tournament held in the South Bay and to have maximum flexibility considering the investment made by the organization; spoke on the staging of the event and said that the AVP was flexible if there were problems; said that this would be a free tournament; responded to Council questions; and, Donley Falkenstien - Hermosa Beach, spoke in opposition to the event and requested that the Council deny the request; submitted information. Action: To approve the request contingent upon the City Manager and City Attorney being able to resolve any potential liability problems with the downtown Pier Avenue contractor. Motion Benz, second Edgerton. The motion carried, noting the dissenting vote of Mayor Reviczky and the absence of Oakes. City Attorney Jenkins clarified that the motion delegated the City Manager to negotiate with the AVP and with the downtown contractor to avoid conflict or liability to the City, that this agreement would be entered into only if an injunction prevented it from being held in Manhattan Beach, and that as a non-paid admission event it would not be subject to review by the Coastal Commission and was exempt from CEQA. Final Action: To present a report to the Council at the Tuesday, June 3, 1997, budget workshop. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SKATEBOARDING - HAZARDOUS RECREATIONAL ACTIVITY LIABILITY PROTECTION FOR CITIES - AB1296. Memorandum from City Manager Stephen Burrell dated May 20, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct that a letter of support be sent to Assemblymember Bowen and direct staff to track the bill and express the City's support when the issue comes up in the legislative process. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote, noting the absence of Oakes. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. DEADLINE FOR PLACEMENT OF MEASURES ON THE NOVEMBER 4, 1997 BALLOT. Memorandum from City Clerk Elaine Doerfling dated May 19, 1997. City Clerk Doerfling presented the staff report. Action: There was no action taken on this item. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Benz for discussion of the Coastal Commission decision regarding paid admission for beach events. Memorandum from Councilmember Benz dated May 19, 1997. Councilmember Benz spoke to his request. Proposed Action: To challenge the Coastal Commission action. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler and Mayor Reviczky and the absence of Oakes. b. Request from Mayor Pro Tem Edgerton for consideration of providing a six month waiver of encroachment fees to Lower Pier Avenue restaurants having outdoor dining. Councilmember Edgerton spoke to his request. Proposed Action: To provide a six month waiver of encroachment fees to Lower Pier Avenue restaurants having outdoor dining. Motion Edgerton. The motion died due to the lack of a second. CITIZEN COMMENTS Coming forward to address the Council at this time was: Robert Wickwire - 2900 Amby Place, urged the Council to halt the proliferation of condos on 30th Street; said that there would be a much greater tax base from expensive single family homes than from the minimal condos now being built; asked the Council to compare First Street in Manhattan with 30th Street in order to realize the potential for the street; asked that the Council stop the "fast-buck" contractors. City Manager Burrell announced that the scheduled closed session would not be held tonight. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 29, 1997 at the hour of 11:25 P.M., in memory of Leland Oakes, father-in-law of Councilmember Julia Oakes, to the Adjourned Regular Meeting of Tuesday, June 3, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 3, 1997, at the hour of 7:17 P.M. PLEDGE OF ALLEGIANCE - Betty Martin, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Mayor Reviczky Absent: Oakes ANNOUNCEMENTS Councilmember Edgerton commented on the new palm trees that had been planted on lower Pier Avenue earlier today. PUBLIC PARTICIPATION - None City Manager Burrell requested that Council add to the agenda further consideration of Council's contingent approval of the request by the Association of Volleyball Professionals (AVP) to conduct a volleyball tournament in Hermosa Beach June 12-15, 1997, noting that a unanimous vote by the four members present was required to place the item on tonight's agenda as an urgency item. He said the item had initially been considered at the meeting of Thursday, May 29, 1997, at which time it was approved contingent upon the City Manager and City Attorney resolving any potential liability problems with the downtown Pier Avenue contractor; and was continued to tonight's meeting for a report back from staff. He said the continuance arose after tonight's agenda had been posted and that there was an immediate need to take action. Action: To add to the agenda, as a Municipal Matter, the above-noted item as an urgency item based on the findings that the matter arose after the agenda was posted and there was an immediate need for action. Motion Bowler, second Benz. The motion carried, noting the absence of Oakes. MUNICIPAL MATTER FURTHER CONSIDERATION OF COUNCIL'S CONTINGENT APPROVAL OF THE AVP REQUEST TO CONDUCT A VOLLEYBALL TOURNAMENT IN HERMOSA BEACH JUNE 12-15, 1997 City Manager Burrell reported that the volleyball event would take place on the south side of the Pier, thereby eliminating any potential conflicts with the downtown streetscape project. He said a revised contract had been prepared for signature. Community Resources Director Rooney said there would be no AVP activities on the street and no street closure during the event. Coming forward to address the Council on this item was: John Stevenson - representing the AVP, thanked the Council for considering the matter on such short notice; said AVP's executive director had expressed a preference to call the event the Hermosa Beach Grand Slam rather than the Hermosa Open for marketing reasons, since the event may not take place here in future years but rather may return to Manhattan Beach as the Manhattan Open; said whatever the title, it would definitely include the City's name. Proposed Action: To approve the Hermosa Beach Open volleyball tournament for June 13-15, 1997. Motion Benz, second Bowler. The second was subsequently withdrawn and the motion died for lack of a second. Action: To approve the AVP volleyball tournament subject to the condition that the event title include the City's name. Motion Mayor Reviczky, second Benz. The motion carried, noting the dissenting vote of Edgerton and the absence of Oakes. REVIEW OF PRELIMINARY 1997-98 BUDGET (a) Overview of Budget Changes - City Manager Burrell cited legislation at the State level that would begin to return to cities the funds taken by the State since 1991, noting last week's passage of AB107 which begins the shift of property taxes back to cities, counties and special districts. He said compared to the $3 billion taken by the State, the approved $380 million figure is not a lot, but it is a start. He said the City's proposed FY 97-98 budget for the first time in several years starts to put back and address some of the City's service needs in terms of adding personnel. He said in addition to the staffing levels already included in the budget, there were certain departments that he wanted to review in terms of work flow, which he planned to do after the budget is approved, and that funds were earmarked in prospective expenditures to cover any personnel changes in those areas. He said overall, revenues in the City were up more than 3 percent, and inflation was less than that. He said the hotel which is currently under construction should be open in January or February of next year, and said there is currently a lot of building activity taking place with new homes and commercial developments, tear-downs and rebuilds. He said revenues from all sources totaled $30 million, and the General Fund totals $11.818,042, which is about 4 percent higher than last year. He noted that all employee contracts are up June 30, 1997 and that negotiations are currently underway, noting that funds to cover those costs have been placed in prospective expenditures. He said Council would receive a memo on the user fee study, noting that the study, which needs to be done periodically, was last done 5 or 6 years ago and needed to be done again. (b) Overview of Revenue Changes - The Council reviewed the revenue worksheets page by page (beginning on page 12 of the preliminary budget). Finance Director Copeland and City Manager Burrell responded to Council questions related to those worksheets). Community Resources Director Rooney responded to questions relating to facility-rental revenues and the roller hockey rink (pages 13 and 14). City Manager Burrell noted that a report on revenues and expenditures for the Community Center and the roller hockey rink had been previously requested and would be coming back to Council. (c) Review of Department Expenditures - The Council reviewed the individual City department budgets page by page (beginning on page 39 of the preliminary budget). City Manager Burrell responded to Council questions. City Clerk Doerfling, Community Resources Director Rooney, Finance Director Copeland, Fire Chief Bonano, Police Chief Straser and Public Works Director Amirani responded to Council questions specifically related to their departments. The meeting recessed at the hour of 8:35 P.M. The meeting reconvened at the hour of 8:53 P.M. Council review of the individual City department budgets resumed (beginning on page 57). Community Development - Planning Division - Dial-A-Ride - In response to a Council question concerning the high ridership cost of this program, City Manager Burrell said staff would come back with some alternatives including the use of taxicabs and the entire program would be reviewed. Community Development - Downtown Business Area Enhancement District Commission - In response to Council direction, City Manager Burrell said he would agendize, for one of the July Council meetings, a discussion concerning the future of this commission. He noted that there would be a need to increase maintenance in the downtown area due to the streetscape project and the increased usage of the area. Public Works Department - Administration and Engineering/ Parks Division - In response to Council comments and concerns related to park maintenance, City Manager Burrell said staff would look at the whole issue and needed to set up standards which must then be maintained to keep the parks in good condition. MISCELLANEOUS COMMENTS/ANNOUNCEMENTS Mayor Reviczky said Los Angeles Supervisor Don Knabe had expressed an interest in meeting with the City Council and that Hermosa Beach was one of the few cities with which he has not yet met. He suggested inviting Mr. Knabe to meet with the Council at a work session Thursday, June 12, 1997, noting that the budget meeting originally scheduled for that date is no longer needed. He also suggested inviting an Edison representative to meet with the Council that evening as well to discuss the Edison department restructuring. City Manager Burrell said he would check on that possibility and if the meeting is scheduled, Council would adjourn from the next regular meeting of Tuesday, June 10, to the Thursday meeting. City Manager Burrell announced that a letter was given to him during the recess earlier this evening from Donley Falkenstein, executive director of the South Bay Coastal Defense Alliance, asking that Council not approve the June AVP, noting that the item had been acted on by Council prior to the recess. CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, May 23, 1996 at the hour of 10:10 P.M. to the Regular Meeting of Tuesday, June 10, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 10, 1997, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Rick Hankus, Pres., Chamber of Commerce ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: None PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Rick Hankus - Chamber of Commerce President, presented a check for $8,400 to the City as a portion of the vendor fees from the recent "Fiesta de las Artes"; thanked City staff for the help given with the Fiesta; recounted contributions made by businesses recently and suggested the City earmark the money for the purchase of new street trash containers. (b) COUNCIL COMMENTS: Councilmember Bowler said that he liked the idea of earmarking the Chamber of Commerce contribution for the purchase of new trash containers as that was a badly needed item in the downtown area. Action: To direct staff to earmark the Chamber of Commerce contribution for the purchase of new trash containers. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (c) WRITTEN COMMUNICATION - None 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item which were removed for discussion in item 3, but is shown in order for clarity: (a) Mayor Reviczky at the request of the City Clerk's Office and noting the question from Councilmember Benz regarding night scopes paid in item 1(b) (City Manager Stephen Burrell said this was a Police Department item for infra-red night vision gun scopes.) Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on May 27, 1997; and, 2) Minutes of the Adjourned Regular Meeting held on May 29, 1997, with supplemental minutes from the City Clerk's Office dated June 10, 1997. This item was removed from the consent calendar by Mayor Reviczky, at the request of the City Clerk's office, for separate discussion later in the meeting. Action: To approve the minutes of the Regular Meeting of May 27, 1997, and the supplemental minutes of the Adjourned Regular Meeting of May 29, 1997, as presented. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10314 THROUGH 10522 INCLUSIVE, NOTING VOIDED CHECKS NO. 10489 AND 10503, AND TO APPROVE CANCELLATION OF CHECK NO. 10326 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH LOS ANGELES COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997. 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 and the City for the use of Room 6B in the Community Center at a rate of $186 per month (200 sq.ft. X $.93 per sq.ft.) from July 1, 1997 through June 30, 1998 for a total rental income of $2,232; and, 2) authorize the Mayor to sign the lease. (e) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH BEACH CITIES HEALTH DISTRICT FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Rooms 5 and 6A in the Community Center at a rate of $859 per month (924 sq.ft. X $.93 per sq.ft.) from July 1, 1997 through June 30, 1998 for a total rental income of $10,308; and, 2) authorize the Mayor to sign the lease. (f) RECOMMENDATION TO APPROVE LEASE RENEWAL AND FEE WAIVER FOR HERMOSA BEACH COMMUNITY CENTER FOUNDATION FOR THE USE OF ROOM C IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN LEASE AGREEMENT. Memorandum from Community Resources Director Mary Rooney dated June 3, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease renewal and fee waiver between the Hermosa Beach Community Center Foundation and the City for the use of Room C in the Community Center from July 1, 1997 through June 30, 1998, noting that the normal rent would be $290 per month (312 sq.ft. X $.93 per sq.ft.) for a total annual subsidy of $3,480; and, 2) authorize the Mayor to sign the lease. (g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated May 28, 1997. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1) Claimant: Pier Connection Date of Loss: 4/18/97 Date Filed : 5/5/97 Allegation : Claimant alleges "Lack of notification re. work on lower Pier Avenue; i.e. workers without notice started plowing and/or pushing sand into store", thereby causing damage to goods. (h) RECOMMENDATION TO APPROVE PURCHASE OF FOUR (4) UNMARKED POLICE VEHICLES FROM WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA UNDER THE COOPERATIVE PURCHASE PROVISIONS OF LOS ANGELES COUNTY BID #T-0216 FOR $89,994.72. Memorandum from Police Chief Val Straser dated May 29, 1997. Action: To approve the staff recommendation to: 1) approve the purchase of four (4) unmarked police vehicles (Ford Crown Victoria) from the Wondries Fleet Division of Alhambra, California under the Cooperative Purchase Provisions of Los Angeles County Bid #T-0216, at a cost of $20,784 per vehicle (not including tax) for a savings of $2,753 per car; and, 2) approve the initiation of a purchase order to place the order for the vehicles, but to authorize payment after July 1, 1997, noting that the delivery time is sixty (60) days A.R.O. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 21, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of May 21, 1997, as presented. (j) RECOMMENDATION TO APPROVE CONTRACT FOR USER FEE STUDY WITH DAVID M. GRIFFITHS & ASSOCIATES IN THE AMOUNT OF $30,000 PLUS $2,500 ESTIMATED FOR EXPENSES AND APPROPRIATE FUNDS FROM THE GENERAL FUND TO THE FINANCE DEPARTMENT BUDGET. Memorandum from Finance Director Viki Copeland. Action: To approve the staff recommendation to: 1) approve a contract with David M. Griffiths and Associates, Ltd. (DMG) in the amount of $30,000 plus an estimated $2,500 for expenses; and, 2) appropriate funds from the General Fund to the Finance Department budget. (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION MEETING OF JUNE 4, 1997. Action: To approve the staff recommendation to receive and file the action Minutes from the Downtown Business Area Enhancement District Commission of June 4, 1997, as presented. (l) RECOMMENDATION TO AWARD CONTRACT TO ARBORISTS IN THE AMOUNT OF $13,250 FOR TREE TRIMMING AT VALLEY PARK AND THE COMMUNITY CENTER AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADJUST AS NECESSARY PER THE APPROVED FY 96-97 BUDGET. Memorandum from Public Works Director Amy Amirani dated June 4, 1997. Action: To approve the staff recommendation to: 1) authorize award of bid to Arborists, 914 East Fourth Street, Santa Ana, California in the amount of $13,250 for tree trimming at Valley Park and the Community Center; 2) authorize the Director of Public Works to adjust as necessary per the approved FY 96-97 budget; 3) Reject all other bids; and, 4) Allow the Public Works Director to make modifications within budget. (m) RECOMMENDATION TO ADOPT RESOLUTION DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSITION A APPLICATION FOR PIER PLAZA AND PARKING STRUCTURE FUNDING AND EXECUTE REQUIRED AGREEMENTS ON BEHALF OF THE CITY. Memorandum from City Manager Stephen Burrell dated June 5, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5859, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DIRECTING THE FILING OF AN APPLICATION WITH THE COUNTY OF LOS ANGELES REGIONAL PARK AND OPEN SPACE DISTRICT." 2. CONSENT ORDINANCES (a) ORDINANCE NO. 97-1171- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE COMMERCIAL LAND USE REGULATIONS FOR OUTDOOR USES, TO EXCEPT OUTDOOR DINING ON PIER AVENUE FROM THE REQUIREMENT FOR A CONDITIONAL USE PERMIT AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION." Memorandum from City Clerk Elaine Doerfling dated June 3, 1997. Action: To waive full reading and adopt Ordinance No. 97-1171. Motion Benz, second Bowler. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a) 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 - None MUNICIPAL MATTERS 4. VETTER WINDMILL AT GREENWOOD PARK. Memorandum from Public Works Director Amy Amirani dated May 22, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions. Public participation opened at 7:37 P.M. Coming forward to address the Council on this item were: Roger Bacon - 1100 Pacific Coast Hwy., displayed photos and information, including a petition with 1,019 signatures in support of restoring the windmill; said that the City had assumed responsibility for the windmill when it had been moved to Greenwood Park 20 years ago, but had done little maintenance since that time; said the bids received had not come from a firm knowledgeable in windmill repair and were much too high; and, suggested that before a final decision was made that a citizen's committee be formed to contact experts who know windmills so that a reasonable cost can be determined; John Hales - 624 Eighth Place, gave a history of the windmill and of the World War I cannon that had formerly been in Greenwood Park; said that the windmill was one of the few old things left in the City and as such should be preserved; said that money would come from private sources if the bid cost is realistic; and, suggested that the east lawn of the Community Center would make an appropriate site for the windmill and other items and commemorative plaques from around the City; and, Chuck Sheldon - 1800 The Strand, offered to match Roger Bacon dollar for dollar in contributions to restore the windmill. Public participation closed at 8:00 P.M. Proposed Action: To direct staff to investigate the costs for a functional windmill rather than a non-functional one. Motion Oakes, second Edgerton. The motion was withdrawn by the maker and the second. Action: To give the citizens an opportunity to establish a committee to determine the cost for the restoration of the windmill; establish the mechanism to solicit the donation of private funds to pay for the restoration; and, to return to Council with their findings. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. 5. GREENBELT IMPROVEMENTS. Memorandum from Public Works Director Amy Amirani dated June 3, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions and said that if paths or trails are replaced or changed, they must comply with ADA requirements, but ADA requirements do not apply if paths are merely repaired. Public participation opened at 8:21 P.M. Coming forward to address the Council on this item were: Robert Wickwire - 2900 Amby Place, spoke of his concerns regarding the proposed plans for the Greenbelt and said that he felt trees should be planted that would not exceed 30-35 feet in height when fully matured in order not to devalue view property; said that he was also concerned with the safety factor at intersections if they were densely planted with masses of shrubbery; and, said that he preferred the indigenous plants that would grow in Hermosa and provide a rustic look rather than the more formal plantings shown; John Hales - 624 Eighth Place, expressed his concerns regarding the dangers of the Ardmore/Valley/Pier intersections and said that a traffic study was needed to redesign traffic flow before cosmetic improvements were made; said that the Garden Club expertise should be considered and used; and, Laura Brunell - Fifth Street, suggested that only xeroscopic and low maintenance plantings be done, said that flowers were very high maintenance; suggested that Hermosa coordinate with the Greenbelt improvements to be made in Manhattan Beach in order to give a more uniform look to the track. Public participation closed at 8:56 P.M. Action: To give approval to staff to continue with: 1) replacement of irrigation system; 2) take out only the dead or diseased trees; 3) plant trees where necessary to cover "bare spots", but in no case should the trees exceed 35 feet in height when fully mature; 4) plant low shrubs at intersections to direct people to use the crosswalks; 5) improve all intersections by keeping or adding curbs and ADA access; make changes to drainage patterns to avoid water run-off and bury drainage pipes; 6) add landscaping at Clark parking lot and to all areas where it is needed to prevent people from driving onto the Greenbelt; 7) repair erosion damage to school paths; 8) buy less expensive drinking fountains; 9) place additional trash cans on Greenbelt; 10) make any needed repairs to the par course; 11) trim trees and shrubs as needed; 12) no center island at Pier intersection, no palm trees and no pepper trees; 13) direct staff to return with a list of suggested trees and shrubs for final approval and with information to determine if park money may be used for street paving. Motion Benz, second Edgerton. The motion carried by a unanimous vote. The meeting recessed at the hour of 9:32 P.M. The meeting reconvened at the hour of 9:59 P.M. 6. PIER AVENUE - PROPOSED OUTDOOR DINING STANDARDS ORDINANCE. Memorandum from Public Works Director Amirani dated June 4, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Public participation opened at 10:10 P.M. Larry Drasin - representing Bohemian Brewery, parent company to Brewski's, spoke of his company's approval of the guidelines saying they were easy to use and offered people a visual image to understand what was required; offered a rendering of the facade of the proposed changes for Brewski's. Public participation closed at 10:12 P.M. Action: To direct the City Attorney to return with an opinion as to whether or not the City must go before the Coastal Commission for permission for outdoor dining as there are no permanent structures involved. Motion Benz, second Edgerton. The motion carried by a unanimous vote. Action: To: 1) delete #7 of page 2 of the staff report; and, 2) approve the outdoor dining standards and procedures for lower Pier Avenue with the following changes, and renumber the items as needed in the final version: a) item E, Section I - Introduction: add saleable after transferable and include, "...a transfer of the business to the extent of 51 percent or more, the transferee..."; b) item A, Section III - Outdoor Dining Sites: clarify the intent that a five foot minimum path must always be maintained for pedestrian use and that the maximum possible dining use area shall be within 13 feet from the building facade; c) item B, Section III - Outdoor Dining Sites: delete; d) item D, Section III - Outdoor Dining Sites: delete; e) item F, Section III - Outdoor Dining Sites: delete; f) item A, Section IV - Design Standards: delete; g) item D, Section IV - Design Standards: delete; h) item E, Section IV - Design Standards: amend second sentence to read, "...being removed, if needed. If imbedded into the pavement, they must be fixed through the use of recessed sleeves and posts; otherwise, by wheels that can be locked into place or weighted in place."; i) item F, Section IV - Design Standards: add, "Floor surface must be existing sidewalk."; j) item H, Section IV Design Standards: delete all wording after, "...shall not exceed three feet six inches (3'6")." and add, "No underground utility lines are allowed."; k) item I, Section IV - Design Standards: delete all reference to "-)"; add, "The use of awnings or free-standing umbrellas...is permitted."; and add, "Umbrellas must remain within the encroachment area."; l) item L, Section IV - Design Standards: delete; m) item B, Section VI - Enforcement: add, "The encroachment permit holder has the right to appeal this revocation to the City Council." ; and, 2) waive full reading and introduce Ordinance No. 97-1172, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE TO MODIFY THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE." Motion Edgerton, second Benz. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. APPOINTMENT OF REPRESENTATIVE TO THE PRIVATE INDUSTRY COUNCIL. Memorandum from City Manager Stephen Burrell dated June 5, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to approve the appointment of nominee Robert Jensen as Area Representative to the Private Industry Council. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. b. ROLLERBLADING - HAZARDOUS RECREATIONAL ACTIVITY LIABILITY PROTECTION FOR CITIES - AB915. Memorandum from City Manager Stephen Burrell dated June 5, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct that a letter of support be sent to Assemblymember Bowen and direct staff to track the bill and express the City's support when the issue comes up in the process. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. c. LEAGUE OF CALIFORNIA CITIES - ANNUAL CONFERENCE RESOLUTIONS FOR DIVISION SPONSORSHIP. Memorandum from City Manager Stephen Burrell dated June 5, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file. Motion Mayor Reviczky, second Oakes. The motion carried by a unanimous vote. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS & COMMISSIONS UPCOMING EXPIRATION OF TERMS. Memorandum from City Clerk Elaine Doerfling dated June 4, 1997. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to direct the City Clerk to immediately advertise and request applications from interested parties for three Parks, Recreation and Community Resources Advisory Commission terms that will expire June 30, 1997, with appointments to be made at the regular City Council meeting of July 8, 1997. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Mayor Pro Tem Edgerton for discussion of Beach Cities Health District's paramedic funding. Councilmember Edgerton spoke to his request. Mayor Reviczky said that the Mayors of the three beach cities have been contacted to attend this meeting. Action: By consensus of the Council, Councilmember Edgerton and Mayor Reviczky were delegated to attend the Beach Cities Health District meeting on Thursday, June 12, 1997, at the hour of 4:30 P.M. b. Request from Councilmember Benz for legal opinion on Coastal Commission's authority concerning City activities. Councilmember Benz spoke to his request. Action: To direct staff to research this issue to determine why we are not applying for exemptions from Coastal Commission determination on items for which approval has previously been given, obtain copies of the Coastal Commission authority under the state constitution and deliver those copies to the Council. Motion Benz, second Oakes. The motion carried by a unanimous vote. Mayor Reviczky requested that the subject of a joint South Bay Cities alliance to deal with potential problems that might arise from the Los Angeles Airport expansion be agendized for the next Council meeting of June 24, 1997. CITIZEN COMMENTS No one come forward to address the Council at this time. City Attorney Jenkins said that two items, Citizens to Keep Hermosa Beautiful (parking structure opponents) v. City of Hermosa Beach and Stop Oil v. City of Hermosa Beach, needed to be added to tonight's closed session agenda and that in order to add items two findings must be made; 1) that the need to discuss the item arose after the agenda had been posted, and 2) that there was an immediate need to take action on the item. Mr. Jenkins said that both findings were met by these lawsuits. Action: To add the two urgency items listed by Mr. Jenkins to the closed session agenda tonight as both items had been submitted after the agenda had been posted and both items needed immediate attention. Motion Benz, second Bowler. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: As Follows: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association 2. Existing Litigation: Pursuant to Government Code Section 549567.9(a) a) Citizens to Keep Hermosa Beautiful (parking structure opponents) v. City of Hermosa Beach; and, b) Stop Oil v. City of Hermosa Beach. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 10, 1997, at the hour of 11:25 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 11:30 P.M. At the hour of 12:20 A.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, June 11, 1997, at the hour of 12:21 A.M. to the Regular Meeting of Tuesday, June 24, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 24, 1997, at the hour of 7:17 P.M. PLEDGE OF ALLEGIANCE - Winston Marshall, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None PRESENTATION: DONATION FROM HERMOSA BEACH KIWANIS TO HERMOSA BEACH SISTER CITIES ASSOCIATION FOR 90TH ANNIVERSARY CELEBRATION Joe Diaz, President of the Hermosa Beach Kiwanis, presented a check for $1,000 to Dick McCurdy, President of the Hermosa Beach Sister City Association, to be used for the July 26, 1997, celebration of the 90th birthday of Hermosa Beach and the 300th anniversary of Loreto, Mexico. Mr. McCurdy gave a history of the Kiwanis' involvement with and donations to Loreto. DONATION FROM OCEAN LOFTS AT BEACH HOUSE TO HERMOSA BEACH SISTER CITIES ASSOCIATION FOR 90TH ANNIVERSARY CELEBRATION Mary Borgia presented a check from William W. Crowell, developer of the Ocean Lofts at Beach House (under construction Strand Hotel) to Dick McCurdy, President of the Hermosa Beach Sister City Association, to be used for the July 26, 1997, celebration of the 90th birthday of Hermosa Beach and the 300th anniversary of Loreto, Mexico, and expressed the company's pleasure to be included in the "Hermosa Family." Merna Marshall said that tickets to the celebration could be purchased at Pacific Screen Print, the Chamber of Commerce, the Community Center, Fat Face Fenner's Falloon and at the Farmer's Market. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time was: Winston Marshall - Hermosa Beach, spoke regarding outdoor dining on lower Pier Avenue; suggested that outdoor dining not be allowed until all of the construction had been finished and signed contracts had been secured from business owners, that the permits be re-written to include punitive fines for non-compliance, that the City have a staff presence downtown to monitor activities during special events, and that an enforcement manual be prepared for staff to ensure compliance from business owners. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION: 1) Letter from Gila Katz dated June 15, 1997 regarding the placement of a fountain wishing well on the renovated portion of Pier Avenue. City Manager Stephen Burrell responded to Council questions. Action: Mayor Reviczky directed, with the consensus of the Council, that the Pier Re-construction sub-committee of Councilmember Oakes and Mayor Reviczky investigate the concept of a fountain wishing well and report back to Council. 2) Letter from Mrs. Betty Schultz dated June 18, 1997 regarding the placement of a memorial plaque on Greenbelt. City Manager Burrell responded to Council questions. Action: To direct staff to work with Mrs. Schultz on the placement of the memorial plaque. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 3) Letter from Roger Bacon dated June 3, 1997 regarding Greenwood Park Tables and Chairs. Coming forward to address the council on this item was : Roger Bacon - 1100 Pacific Coast Highway, expressed his desire to pay for new outdoor tables for Greenwood Park; displayed a drawing of the proposed table with attached seating and said that the units cost $375 each. Action: To approve Mr. Bacon's offer to purchase two or three units of outdoor tables with attached seating to be placed in Greenwood Park. Motion Oakes, second Benz. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (f) Benz. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 7:44 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on June 3, 1997; and, 2) Minutes of the Regular Meeting held on June 10, 1997. Action: To approve the minutes of the Adjourned Regular Meeting of June 3, 1997 and the Regular Meeting of June 10, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10523 THROUGH 10660 AND TO APPROVE CANCELLATION OF CHECK NO. 10637 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE MAY 1997 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the May, 1997 Financial Reports as presented.. (e) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE CITY TO ACCEPT A $200,000 GRANT FROM THE CALIFORNIA COASTAL CONSERVANCY FOR THE MUNICIPAL PIER RENOVATION PROJECT. Memorandum from Community Resources Director Mary Rooney dated June 16, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5860, entitled, "A RESOLUTION AUTHORIZING THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH TO APPLY FOR, ACCEPT, AND EXPEND $200,000 OF GRANT FUNDS FOR THE MUNICIPAL PIER RENOVATION PROJECT." (f) RECOMMENDATION TO APPROVE AN ALLOCATION OF $19,630 FROM THE GENERAL FUND TO PAY FOR GTE FRAME RELAY T-1 SERVICES TO PROVIDE INTERNET ACCESS AND HOME PAGE MAINTENANCE FOR THE CITY. Memorandum from Community Resources Director Mary Rooney dated June 16, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and with City Manager Burrell responded to Council questions. Also responding to Council questions were Joe Duckett, staff data technician, and Jeff Peterson and Paul Formby representing GTE. Coming forward to address the Council on this item was: Gene Dreher - 1222 Seventh Place, said that he has done consulting work for other larger cities and there should be no need for 50 internet connections in a city as small as Hermosa; and, suggested that the Council defer making a decision on this item until it has more information. Action: To direct staff to return to Council with an outline of the items and services needed, including at least one gigabyte of memory, and a list of potential servers, before the item goes out to bid. Motion Benz, second Oakes. The motion carried by a unanimous vote. (g) RECOMMENDATION TO ADOPT RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997. Memorandum from City Clerk Elaine Doerfling dated June 17, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5861, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997." (h) RECOMMENDATION TO APPROVE, PENDING FIRE DEPARTMENT APPROVAL, THE USE OF PYROTECHNICS DISPLAYS DURING THE CITY'S BIRTHDAY CELEBRATION ON JULY 26, 1997, AT THE COMMUNITY CENTER. Memorandum from Fire Chief Pete Bonano dated June 18, 1997. Action: To approve the staff recommendation to approve the use of pyrotechnics displays during the City's birthday celebration on July 26, 1997, at the Community Center, providing that the display receives Fire Department approval. (i) RECOMMENDATION TO APPROVE FINAL MAP FOR TRACT #52122 FOR A NINE UNIT CONDOMINIUM PROJECT AT 342 ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated June 17, 1997. Action: To approve the staff recommendation to approve the Final Map for Tract #52122 for a nine-unit condominium project at 342 Ardmore Avenue and adopt Resolution No. 97-5862, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF A FINAL MAP FOR TRACT #52122 FOR A NINE-UNIT CONDOMINIUM PROJECT LOCATED AT THE SOUTHEAST CORNER OF 4TH STREET AND ARDMORE AVENUE, HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION TO APPROVE FINAL MAP FOR TRACT #24685 FOR A TWO UNIT CONDOMINIUM PROJECT AT 616-618 FIRST STREET. Memorandum from Community Development Director Sol Blumenfeld dated June 17, 1997. Action: To approve the staff recommendation to approve the Final Map for Tract #24685 for a two-unit condominium project at 616-618 First Street and adopt Resolution No. 97-5863, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24685 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 616-618 FIRST STREET, HERMOSA BEACH, CALIFORNIA." (k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JUNE, 17, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of June 17, 1997. (l) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AN EXTENSION OF CONTRACT WITH THE CURRENT PROVIDER OF WORKERS COMPENSATION THIRD PARTY ADMINISTRATION FOR UP TO 180 DAYS. Memorandum from City Manager Stephen Burrell dated June 19, 1997. Action: To approve the staff recommendation to authorize the City Manager to negotiate an extension of contract with the current provider of Workers Compensation Third Party Administration for up to 180 days. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 97-1172- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 12.16 OF THE HERMOSA BEACH MUNICIPAL CODE TO MODIFY THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE." Memorandum from City Clerk Elaine Doerfling dated June 17, 1997. Action: To waive full reading and adopt Ordinance No. 97-1172. Motion Bowler, second Edgerton. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 1(f) 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. The meeting recessed at the hour of 8:30 P.M. The meeting reconvened at the hour of 8:52 P.M. PUBLIC HEARINGS 4. ADOPTION OF THE 1997-98 BUDGET AND CAPITAL IMPROVEMENT PROGRAM. Memorandum from Finance Director Viki Copeland dated June 10, 1997. Finance Director Copeland presented the staff report. The public hearing opened at 7:46 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:46 P.M. Action: To approve the staff recommendation to adopt Resolution No. 97-5864, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1997-98." Motion Benz, second Bowler. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 5. REVIEW DELINQUENT REFUSE BILLS FOR THE PURPOSE OF ORDERING SAID DELINQUENT CHARGES BE PLACED ON THE PROPERTY TAX BILL AS A SPECIAL ASSESSMENT. THE ASSESSMENT WOULD AFFECT ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF APRIL 30, 1997. Supplemental list of delinquent bills received June 24, 1997. City Manager Burrell presented the staff report. The public hearing opened at 7:49 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:49 P.M. Action: To approve the staff recommendation to adopt Resolution No. 97-5865, 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 for collection as part of the County tax collection process. Motion Edgerton, second Bowler. The motion carried by a unanimous vote. 6. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-98. Memorandum from Public Works Director Amy Amirani dated June 19, 1997. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, dated June 24, 1997. Public Works Director Amirani presented the staff report and responded to council questions. The public hearing 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. City Attorney Michael Jenkins said that the Council could appropriately receive and file the supplemental letter. Action: To receive and file the letter from Jim Lissner. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. Final Action: To approve the staff recommendation to adopt Resolution No. 97-5866, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1997-1998.", which levies an assessment of $41.45 per unit for the fiscal year commencing July 1, 1997 and ending June 30, 1998. Motion Edgerton, second Bowler. The motion carried, noting the dissenting vote of Benz. At the hour of 7:53 P.M. the order of the agenda was returned to item 2. MUNICIPAL MATTERS 7. CALLING, GIVING NOTICE AND REQUESTING CONSOLIDATION AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 4, 1997. Memorandum from City Clerk Elaine Doerfling dated June 17, 1997. City Clerk Doerfling presented the staff report and responded to council questions. Action: To approve the staff recommendation to adopt: 1) Resolution No. 97-5867, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A REGULAR MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES."; 2) Resolution No. 97-5868, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE."; 3) Resolution No. 97-5869, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 4, 1997."; and, 4) Resolution No. 97-5870, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT A GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 1997." Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote. 8. PARKING ENFORCEMENT POLICY. Memorandum from Police Chief Val Straser dated June 17, 1997. Police Chief Straser presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Gene Dreher - 1222 Seventh Place, suggested that the Council keep the policy that the owner moves the vehicle or pays the meter before the officer completes writing the ticket, not just be present. Action: To direct staff to amend the "PROCEDURE FOR THE ISSUANCE OF NOTICE OF PARKING VIOLATION:", Item 4, to read, "Officers shall rescind any ticket under the following conditions: (delete a. and re-letter the items) b. If the driver of the vehicle is present and moves the vehicle or pays the meter at the time the parking violation is being written or before the officer completes the writing of the parking violation, c. (no changes), d. (no changes.)" Motion Benz, second Edgerton. The motion carried by a unanimous vote. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. UPDATE ON BEACH CITIES HEALTH DISTRICT'S PARAMEDIC FUNDING. Oral report from City Manager Stephen Burrell. City Manager Burrell reported attending the sub-committee meeting for the Beach Cities Health District's Paramedic funding and, with Mayor Reviczky, will attend the full Board meeting to be held on Thursday, June 26, 1997, at the hour of 6:30 P.M. Mr. Burrell continued by saying that the three beach cities would make a request to have the policy modified to continue the grant of $200,000 to each city and invited all Councilmembers to attend. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request from Mayor Reviczky for discussion of joining a cooperative effort with neighboring cities regarding the airport expansion. Mayor Reviczky spoke to his request. Action: To approve a sub-committee composed of Mayor Reviczky and Councilmember Oakes to attend meetings and keep the Council informed. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. CITIZEN COMMENTS No one came forward at this time to address the Council. City Attorney Jenkins said that two items, potential City initiation of litigation under Government Code Section 54956.9(c) and anticipated or threatened litigation by Unispec under Government Code Section 54956.9(b), needed to be added to tonight's closed session agenda and that in order to add items two findings must be made; 1) that the need to discuss the item arose after the agenda had been posted, and 2) that there was an immediate need to take action on the item. Mr. Jenkins said that both findings were met by these items. Action: To add the two urgency items listed by Mr. Jenkins to the closed session agenda tonight as both items had arisen after the agenda had been posted and both items needed immediate attention. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: As Follows: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association 2. Initiation of Litigation: Pursuant to Government Code Section 54956.9(c). 3. Anticipated Litigation: Pursuant to Government Code Section 54956.9(b) - Unispec. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 24, 1997, at the hour of 9:40 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 10:00 P.M. At the hour of 11:15 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 24, 1997, at the hour of 11:16 P.M. to the Adjourned Regular Meeting of Tuesday, July 1, 1997 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 1, 1997, at the hour of 7:25 P.M. PLEDGE OF ALLEGIANCE - Pete Tucker, Planning Commissioner ROLL CALL: Present: Benz, Bowler, Oakes, Mayor Reviczky Absent: Edgerton ANNOUNCEMENTS Mayor Reviczky announced that the purpose of tonight's meeting was to receive public input on the preliminary parking structure design alternatives to be presented this evening by the architect. He said the workshop had been scheduled because Council wanted to ensure that those most affected by the project had the opportunity to be involved early in the design process. He described the meeting format, saying there would be a brief staff report followed by a presentation by the parking structure architects and then audience comments. He invited interested members of the public to walk up during the presentation to look at the model which was located in the middle of the room. PUBLIC PARTICIPATION - None CONSIDERATION OF DESIGN ALTERNATIVES FOR DEVELOPMENT OF A MULTI-LEVEL PARKING STRUCTURE TO BE DEVELOPED ON PUBLIC PARKING LOT C City Manager Burrell reiterated that the primary purpose of this workshop meeting was to gather public input before the design process began and actual plans were developed for the proposed parking structure on lot C, so that public comments could be taken into account throughout the design process. He said the architects had prepared a model and design alternatives relating to site constraints. He said tonight's discussion would be informal and would be followed up by future meetings as the project moves along. Councilmember Oakes left the meeting at 7:30 p.m., noting that she had already heard the architect's presentation at an earlier Council subcommittee meeting. Pauline Souza, of Gordon H. Chong & Partners architectural firm, presented a site-analysis board prepared after the initial visit to the site which showed a mix of commercial and residential in the area, a primary view corridor down 13th Street, the retail area anticipated on the Hermosa Avenue edge and pedestrian access, noting this was one layer of information gathered to help with the development of the project. She said they also read the environmental impact report and were aware of concerns about lighting, security, mass and bulk. She reviewed the size of the site and the proposed structure, noting that a portion of 13th Street would be used. She then reviewed the structural and functional considerations and said the current proposal showed hotel access at the northwest corner of the structure and public access at the southeast corner, noting that the southeast corner would be notched for queuing into the structure. She said the structure, which would be 22 feet 8 inches at its highest point, would have two elevated decks with a one-way system. She said the hotel entrance would access 100 parking stalls on the ground level, and the public entrance would access 11 parking spaces on the bottom level and 300 total on the two elevated decks. She said an area on the east side of the ground floor would accommodate trash, electrical, storage and office space She said there would be two lanes for queuing at the public entrance to enable cars to pull up and stack and then go up a five-percent ramp. She pointed out the locations of the elevators and stairs and then reviewed the architectural and landscape considerations. She said based on the site, the structure should be kept low and simple and stressed the importance of keeping the view corridor at 13th Street clear. She said the proposed architecture was very simple with a lot of horizontal lines and was in keeping with architecture found along the beaches in California and in Greece, and she referred to the display showing elevations and images of other structures. She reviewed the proposed landscaping around the structure and suggested a green plaza on the Hermosa Avenue side since it was as yet unknown when retail would be developed at that location. Coming forward to address the Council on this item were: Chris Bennett - 1286 Strand, asked how long it would take to build the structure and if any pre-fab work would be involved (Ms. Souza said construction would take from 13 to 15 months and that the entire structure would be built on site); Sam Perrotti - 1506 Golden Avenue, Planning Commissioner, said people had expressed concerns about security at the Planning Commission meeting and asked about proposed lighting and other security measures (Ms. Souza said the structure would be as open as possible to avoid dark or hidden areas and would be painted a light color to keep it bright inside; re the lighting; said the fixtures would be located in the center of all of the drive aisles, at the corners, in the stair corridors and at the entrances, noting that the all of the fixtures would be focused down to keep the lighting contained in the parking structure, with no overspill to impact adjacent properties) (Mayor Reviczky noted the possibility of eventually moving parking enforcement into the structure, saying that the presence of officers would further enhance the security of the structure); Steve Goddard - 57 14th Court, expressed concern about anticipated traffic usage on his street; asked if the parking structure walls would be high enough to prevent the glare of headlights from shining into his home; also concerned about noise from cars going up and down the ramp (Ms. Souza said hotel patrons would have access down 14th Court, noting the need for further study of that street before final decisions; said the structure walls would be high enough to shield headlights and that any noise would be minimal due to the gradual 5-percent slope) (Mayor Reviczky noted the structure would have an attendant and cars would be permitted to enter only if there were available parking spaces to accommodate them, so no one would be circling in search for a parking space); Pat Spiritus - 1610 Strand, business owner of 58 11th Street, referred to the commercial lot between the parking structure and Hermosa Avenue and suggested consideration of a pedestrian-friendly open-air market at that location until such time as the site is developed; suggested motorcycle parking for any odd-shaped small spaces left over in the structure after the designation of parking spaces; also suggested bicycle parking within the structure and asked about the use of amber lighting (Ms. Souza said although high-pressure sodium lighting was sometimes used in parking structures, they were recommending a white light because it was the most efficient and would blend with most of the downtown lighting; said there would be areas on the ground floor for motorcycle and bicycle parking; said some features could be changed depending on the use in front); John Hales - 624 Eighth Place, asked how the future store fronts facing Hermosa Avenue in front of the parking structure would be serviced by large service and trash trucks (Ms. Souza said they were recommending a temporary green plaza until the area in question is developed) (Mayor Reviczky said there were no proposals to provide retail at this time, and that Hermosa Avenue would be available for servicing whatever stores go in there in the future); Pete Tucker - 235 34th Street, Planning Commissioner, said during its environmental review of the project the Commission had hoped for planters or something similar to break up the massiveness of the structure itself, and for a break in the structure on the north end to allow more light and ventilation for the homes there (Ms. Souza said the elevation at the north edge was proposed to be a maximum of 11 feet 6 inches and that it would taper along with the structure to reduce the massiveness and minimize the build-out; said the notch for queuing would also preserve some of the view corridor; and said landscaping would be placed on all sides of the structure, not just the north side); Tiffany Moher - owner of a retail shop on Hermosa Avenue, asked about alternative parking places during the construction period and if access to her business would be affected (Community Development Director Blumenfeld said the City would arrange a temporary shuttle program to deal with the interim use of some remote parking to primarily accommodate the downtown employees, which would offset about 300 parking spaces in the downtown and more than make up for the lost parking on lot C; said the City also would be looking at a permanent shuttle program; said neither Hermosa Avenue nor 15th Street would be closed during construction); Steve Goddard - 57 14th Court, said he currently had two parking spaces directly in front of his house which would be eliminated when the street was opened to traffic, asked what consideration there would be for his parking and if he would be able to have spaces assigned to him in the parking structure; asked if curbs would be installed (Community Development Director Blumenfeld said the speaker's house was an existing non-conforming residential use in the downtown and if the use were to change, the building would have to be brought into conformity; said if the two referenced parking spaces are located on 14th Court, a public alley proposed to become a functioning public alley, it would be up to the property owner to provide parking; said a parking policy regarding the allocation of parking spaces in the parking structure was an issue that the Council would be considering at a future time; said Public Works had looked at the issue of improvement but there were currently no curbs or radical changes planned for the street elevations); Hal Burger - 68 14th Street, said he accessed his garage from 14th Court, expressed concern about safety due to the increased traffic flow; asked about increased noise from the open top deck of the structure created by patrons exiting their vehicles; asked about an echoing effect on the first level; asked about litter control and lighting (Community Development Blumenfeld said ingress and egress currently taken off 14th Court would continue; said 14th Court was a currently closed off public alley which would become an open public alley and it was not clear that the parking structure would create an increased traffic flow on 14th Court, noting that the primary entrance to the structure is from 13th Street; said there was a problem concerning nonconforming uses on that street which was an issue that would have to be addressed) (Ms. Souza said the top deck of the structure should be no noisier than the current parking lot; said the parking structure would be an open design which would minimize noise bouncing off of hard surfaces; said trash receptacles were typically located at the stairways; said they would be very careful to ensure that light is not directly focused on any adjoining properties); John Hales - 624 Eighth Place, asked if there would be dedicated spaces at the west end of the structure to accommodate service trucks for the hotel (Community Development Director Blumenfeld said when the hotel project was reviewed by Council and the Planning Commission in December, a drop-off area for guests and service was added as a result of the environmental review process and the terminus of 13th Street was to be designed as a loading area to serve all of the businesses and to service special events, and that no spaces would be provided in the parking structure for service vehicles); Craig French - 1300 The Strand, expressed concern about noise and asked if there was any type of surface texture to eliminate the screeching of tires that occurred in garages on rainy days (Ms. Souza said the squeal of tires can be eliminated with a gripping surface in the concrete) (Sam Nunes, architect, said the noise came from people on foot going to and from their cars, walking in the stairwells or waiting for elevators; said the stairwells and elevators would be located in the corners at 13th Street/Hermosa Avenue and 13th Street/Beach Drive to keep the most public areas of the garage away from the hotel and the residences; said cars make no more noise in a structure than they do on surface streets; said they would use tooth in the finish of the concrete to create a grip between the tire and the surface and eliminate the squeal of tires); and Chris Bennett - asked if 13th Street would be closed during the construction and asked about parking validation (Ms. Souza said there would be access on 13th Street but no parking both during and after construction) (Mayor Reviczky said parking validation was an issue to be determined at a future date). Mayor Reviczky noted there would be future meetings on this item and asked the architects to deliver the model to City Hall well in advance of the next public hearing to allow for adequate public review. CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 1, 1997 at the hour of 8:26 P.M. to the Regular Meeting of Tuesday, July 8, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 8, 1997, at the hour of 7:17 P.M. PLEDGE OF ALLEGIANCE - James Dewey ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky reminded the viewing audience of the approaching Sister City Association Gala Celebration in honor of Hermosa Beach's 90th birthday and the 300th anniversary of its Sister City of Loreto, Mexico, to be held on Saturday, July 26, 1997, at 7:00 P.M. on the tennis courts at the Community Center with a ticket cost of $25 per adult, $10 for children. PRESENTATIONS: PRESENTATION OF A CHECK TO THE CITY FROM SHIRLEY WHITE FOR VALLEY PARK PLAYGROUND EQUIPMENT IN MEMORY OF BETTY BENOIT. Mayor Reviczky accepted a check for $2,000 from Shirley White for Valley Park Playground equipment in memory of Betty Benoit. Ms. White said that the fund had been established by Betty's friends and was being given to pay for the "bug" and for a bench and a tree later in the park renovation. Mayor Reviczky announced that tonight's meeting would be adjourned in memory of Betty Benoit. DONATION FROM HERMOSA BEACH ROTARY CLUB TO HERMOSA BEACH SISTER CITIES ASSOCIATION FOR 90TH ANNIVERSARY CELEBRATION Dean Nota, President of the Rotary Club, presented a check for $1,000 to Dick McCurdy and Jean Lombardo representing the Hermosa Beach Sister City Association to be used for the July 26,1997, birthday celebration. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Pete Tucker - 235-34th Street, said that a lot of the new construction occurring had utility company "dig alerts" spray painted on sidewalks and streets and suggested that the City have a provision to remove these markings when construction was complete as they tended to look like graffiti; and, Charlie Chatem - 538 Second Street, said that in a list of the nation's wealthiest cities published by "Worth" magazine, Hermosa Beach ranked number 211. (b) COUNCIL COMMENTS: Mayor Reviczky, with the consensus of the Council, directed that staff explore Mr. Tucker's suggestion that contractors be required to clean the sidewalks and streets of utility companies' "dig alert" markings after construction. (c) WRITTEN COMMUNICATION - None 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Benz. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on June 24, 1997. Action: To approve the minutes of the Regular Meeting of June 24, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10661 THROUGH 10772 INCLUSIVE, NOTING VOIDED CHECK NO. 10751 AND TO APPROVE CANCELLATION OF CHECK NO. 9941 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 18, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of June 18, 1997. (e) RECOMMENDATION TO DIRECT STAFF TO CLOSE THE MUNICIPAL PIER AT NIGHT UNTIL THE PIER REHABILITATION PROJECT IS COMPLETE. Memorandum from Public Works Director Amy Amirani dated July 1, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. Public Works Director Amirani and City Manager Stephen Burrell responded to Council questions. Action: To approve the staff recommendation to direct staff to close the Municipal Pier at night, one hour after sunset, until the Pier rehabilitation project is completed as the cost of rewiring to meet safety needs would be approximately $15,000 and then the new wiring would have to be removed for the Pier renovation. Motion Mayor Reviczky, second Oakes. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ACCEPT DONATIONS FROM CHEVRON COMPANIES AND BETTY BENOIT MEMORIAL FUND. Memorandum from Finance Director Viki Copeland dated June 30, 1997. Action: To approve the staff recommendation to accept and to appropriate to the Community Resources Department the donation of $6,000 from Chevron Companies for supplies and payment of instructors for the Summer Surf Camp and the donation of $2,000 from the Betty Benoit Memorial Fund for playground equipment at Valley Park. (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24521 FOR A 4-UNIT CONDOMINIUM PROJECT AT 1069 7TH STREET, 1048 8TH STREET, 1075 7TH STREET AND 1052 8TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated July 1, 1997. Action: To approve the staff recommendation to adopt Resolution No 97-5871, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24521 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 1069 7TH STREET & 1048 8TH STREET, AND 1075 7TH STREET & 1052 8TH STREET, HERMOSA BEACH, CALIFORNIA." (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24603 FOR A 2-UNIT CONDOMINIUM PROJECT AT 603 30TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated July 1, 1997. Action: To approve the staff recommendation to adopt Resolution No 97-5872, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24603 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 603 THIRTIETH STREET, HERMOSA BEACH, CALIFORNIA." (i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24632 FOR A 2-UNIT CONDOMINIUM PROJECT AT 928 17TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated July 1, 1997. Action: To approve the staff recommendation to adopt Resolution No 97-5873, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24632 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 928 SEVENTEENTH STREET, HERMOSA BEACH, CALIFORNIA." (j) RECOMMENDATION FOR AWARD OF CHANGE TO EXISTING CONTRACT FOR THE SEWER SYSTEM AT THE VICINITY OF 24TH STREET AND MANHATTAN AVENUE. Memorandum from Public Works Director Amy Amirani dated July 1, 1997. Action: To approve the staff recommendation to: 1.authorize the Director of Public Works to issue a change order to the existing City contract with W.A. Rasic Construction for an amount not to exceed $95,000 for the Sewer Segments at the intersection of 24th Street and Palm Drive to Loma Drive, west of Park Avenue; 2.authorize additional expenditure from the Sewer Rehabilitation project (CIP 96-408); and, 3.authorize increasing CMI Contract to include additional inspection and construction management for an amount not to exceed $7,000, for a total expenditure not to exceed $102,500 for the emergency sewer repairs. 2. CONSENT ORDINANCES - None At 7:30 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(e) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. PUBLIC HEARINGS 4. LOWER PIER AVENUE - INVESTIGATION OF STREET CLOSURE. Memorandum from Public Works Director Amy Amirani dated July 2, 1997. Supplemental letter from Leanne and Andrew Clifton, 525 - 24th Street, in support of a pedestrian plaza. Councilmember Bowler declared a potential conflict of interest due to being in negotiations for business property on lower Pier Avenue and left the dais and the room at 7:30 P.M. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to council questions. The public hearing opened at 7:34 P.M. Coming forward to address the Council on this item were: Quentin Thelan - 11 Pier Avenue, said that he has had the property for 44 years and originally there had been three entrances to his parking lot, now there was only one; said this presented a hardship for his long-time customers and asked that Pier Avenue remain open to vehicular traffic; Dallas Yost - 65 Pier Avenue, said that the retail merchants on lower Pier Avenue were dying due to the street closure to traffic and parking; said that people could not get down to the area and asked that the area be left open to vehicular traffic; spoke of the parking revenue being lost to the City; Rick Hankus - 157 Pier Avenue, spoke in support of a pedestrian plaza; said that the area now has a great atmosphere, that people stay in the downtown and seem to enjoy mingling, and that no business has closed; urged the Council not to reopen Pier Avenue to vehicles; Julian Katz - 1125 Ninth Street, spoke in support of a pedestrian plaza; said that without cars the area has the opportunity to be a pleasant focal point for the City; asked the Council to take a long range view of what the area could become; Nancy Holbrook - 936 Hermosa Avenue, #103, spoke in support of a pedestrian plaza; said that she was a downtowner and wanted the street to be closed to traffic; said that Hermosa was coming alive again; said the pedestrian plaza could be a marketing trade mark for the City; Bill Goldblum - Brewski's, spoke in support of a pedestrian plaza; said the downtown plaza has made Hermosa unique; urged the Council to keep it closed to traffic and make it a wonderful place to meet and dine; Abel Ybarra - 709 First Place, spoke in support of a pedestrian plaza; said that the City has come back with the closing of Pier Avenue; suggested that the alley between the Bijou and Pier could be the loading zone for the businesses; Nancy McCutchen - 1309 Loma Drive, spoke in support of a pedestrian plaza; said that closing the street to vehicles would be perfect, very European; Russell Anderson - 1818 The Strand, spoke in support of a pedestrian plaza; said that this was the best thing to happen in Hermosa for a long time; Jim Dewey - 711 Manhattan Avenue, spoke in support of a pedestrian plaza; said that a mix of cars and pedestrians would be a risk to the City; but if it were opened to cars in the winter months it should be free parking for one hour maximum so that parking meters did not have to be installed; questioned allowing bicycles, skateboards and rollerbladers; questioned if it was illegal to deface the street; Pete Tucker - 235 - 34th Street, said that if the area was closed to vehicles then the Council should address the problem of skateboarders and make the area pedestrian only; John Hales - 624 Eighth Place, said that he would like it to be 100 percent pedestrian but if cars were allowed it should be for one hour maximum and only during the week-days; said the City could then consider closing the area to traffic and parking after the parking structure is completed; Carolyn Barbre - 1233 Hermosa Avenue, spoke in support of a pedestrian plaza; said that opening the area to traffic would set a precedent; said that 13th could be turned into a one-way alley; asked where the fountain would be placed; Sam Perrotti - 1506 Golden, spoke in support of a pedestrian plaza; urged the Council to keep the red lights on the Strand; said the stainless steel was already tarnishing and everyone was asking when the benches would be replaced as no one liked them; Harold Shumacher - Hermosa Cyclery, asked that lower Pier Avenue be open for traffic and parking except for special events; asked that skateboards be banned; Jerry Compton - Hermosa Beach, said that the R/UDAT recommendation had been to leave the street open to one-way traffic as traditional access should not be changed unless necessary; said that he liked the flexibility of the design and asked the Council to go with the recommendation of the experts; Missy Sheldon - 1800 The Strand, spoke in support of a pedestrian plaza; said that everyone she talked with loved the idea of a pedestrian plaza but if the Council allowed cars it should be until 5:00 P.M. only and not on week-ends; and, Pat Corwin - spoke in support of a pedestrian plaza; congratulated the Council; said that it looked very nice; said that auto fumes were not conducive to dining; asked that the street remain closed to vehicles. The public hearing closed at 8:20 P.M. Proposed Action: To approve alternative 3, for street closure to vehicular traffic at specified times. Motion Mayor Reviczky. The motion died due to the lack of a second. Action: To maintain the area as a pedestrian plaza on an experimental basis until February, 1998, and then review the issue of vehicle access. Motion Edgerton, second Oakes. The motion carried by a unanimous vote, noting the absence of Bowler. Councilmember Oakes requested that the stainless parking strips be placed in the street as a design element. The meeting recessed at the hour of 8:28 P.M. The meeting reconvened at the hour of 8:55 P.M. and Councilmember Bowler returned to the dais. 5. APPEAL SIGN VARIANCE 97-1 FOR VASEK POLAK, INC. - BMW. Memorandum from Community Development Director Sol Blumenfeld. Supplemental letter in opposition from Alana Lagerhausen dated July 8, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 9:02 P.M. Coming forward to address the Council on this item was: Fritz Hitchcock - Vasek Polak General Manager, spoke to the request for a variance saying that one sign would be only four feet higher (present height is 18', new height to be 22') and the other would be 14' lower (present height is 25', new height to be 11'); said the present signs are both non-conforming. The public hearing closed at 9:10 P.M. Action: To overturn the decision of the Planning Commission, grant the sign variance and adopt Resolution No. 97-8574, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A SIGN VARIANCE FOR ONE MONUMENT SIGN 22 FEET IN HEIGHT LOCATED IN A PLANTER ADJACENT TO THE PUBLIC RIGHT OF WAY AT 2901 & 3001 PACIFIC COAST HIGHWAY, VASEK POLAK BMW." Motion Benz, second Edgerton. The motion carried by a unanimous vote. At the hour of 9:15 P.M. the order of the agenda was returned to item 3 to hear item 1(e). 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Burrell gave two oral reports: 1.that the Grand Opening for the downtown renovation project was scheduled for Saturday, August 16, 1997, and that more details would be given later, but asked that the Council and anyone interested save that date; and, 2.that Jim Lissner had dismissed his lawsuit against the City without prejudice. City Attorney Michael Jenkins responded to council questions regarding the possibility of recovering the City's legal cost for the lawsuit. Action: To add to the closed session agenda the discussion of recovering the City's legal costs from the Lissner lawsuit as the matter had arisen after the agenda was posted and it was a matter that needed immediate attention.Motion Benz, second Edgerton. The motion carried by a unanimous vote. 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. VACANCIES - BOARDS AND COMMISSIONS. EXPIRATION OF TERMS - PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Memorandum from City Clerk Elaine Doerfling dated July 2, 1997. Supplemental memorandum from City Clerk Elaine Doerfling dated July 7, 1997 City Clerk Doerfling presented the staff report and responded to Council questions. Action: To continue to accept applications until Wednesday, August 6, 1997 and to schedule a meeting prior to the regular meeting of August 12, 1997, at the hour of 6:00 P.M., to interview the four current applicants and any others that might apply for the Parks, Recreation and Community Resources Advisory Commission, with the appointments to be made later that evening at the regular meeting. Motion Mayor Reviczky, second Benz. The motion carried by a unanimous vote. 13. OTHER MATTERS - CITY COUNCIL Requests from Councilmembers for possible future agenda items: a. Request from Councilmember Benz to give police officers the option to wear either blues or shorts. Councilmember Benz spoke to his request. Police Chief Val Straser responded to Council questions and said that he would bring the matter up with the Police Officer's Association. Proposed Action: To approach the Police Association to give them a choice. Motion Benz. The motion was withdrawn by the maker. There was no further action taken on this item. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. Existing Litigation: Pursuant to Government Code Section 54956.9(a): Name of Case: Stern v. City of Hermosa Beach Case Number: YC028739 2. Initiation of Litigation: Pursuant to Government Code Section 54956.9(c). Number of Potential Cases: 2 3. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 8, 1997, at the hour of 9:30 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 9:40 P.M. At the hour of 10:25 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in the memory of long-time resident Betty Benoit on Tuesday, July 8, 1997, at the hour of 10:25 P.M. to the Adjourned Regular Meeting of Tuesday, July 22, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 22, 1997, at the hour of 6:15 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None 1. MEETING WITH LOS ANGELES COUNTY SUPERVISOR DON KNABE Supervisor Knabe expressed his thanks for the opportunity to meet with the Council and with residents of the City of Hermosa Beach to discuss mutual concerns. Mr. Knabe responded to Council questions regarding the proposed Los Angeles Airport expansion, transportation needs and the Metropolitan Transit Authority and the bikepath. CITIZEN COMMENTS: Coming forward to address comments to Supervisor Knabe were: Parker Herriott - Hermosa Beach; Shirley Cassell - Hermosa Beach; and, Earlene Kerns - Hermosa Beach. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 1997 at the hour of 6:53 P.M. to the Regular Meeting of July 22, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 22, 1997, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Joe Diaz, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced the Gala Celebration to be held by the Sister City Association on Saturday, July 26, 1997, at the Community Center to honor the 90th birthday of Hermosa Beach and the 300th anniversary of Loreto, Mexico. Mayor Reviczky presented a Certificate of Recognition to Hermosa Beach resident Cindy Wagner who was named the Big Sister Association's National Citizen of the Year, from over 100 nominees throughout the country, for her volunteer work. Sister City President Dick McCurdy said that a special delegation from Hermosa Beach's Sister City of Loreto, Mexico, had arrived as well as 20 exchange students and all had had dinner at the Fire Station and planned to attend the Gala on Saturday, July 26th. Mr. McCurdy introduced the children, who were asked to come forward for the television camera, then Presidente Ramon Davis who gave a thank-you speech in Spanish, Ruth Martinez, Director of Tourism for Loreto, interpreted Senor Davis' speech, and lastly Dr. Primo, President of the Loreto Sister City Association. All family members were also introduced. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Parker Herriott - (no address given), spoke of a court case involving Redondo Beach; spoke of the ABC and the downtown; Sandra Pfister - 903 Eighth Street, said that she approved of the Council and Council actions; Dianne Humble - 1015 Third Street, said that utility wires were ugly and should be undergrounded; and, Shirley Cassell - Hermosa Beach, questioned why settlement announcements were not made after closed sessions; said that the Council had promised it would make improvements to the ugly Council Chamber; questioned when the parking signs would be changed in high density areas banning cars without resident stickers from parking before 10:00 P.M.; said the Strand Hotel had eliminated ten parking meters and asked if the Hotel had paid for them; and, said she wanted to attend the Coastal Commission meetings. (b) COUNCIL COMMENTS: Mayor Reviczky said that Beach Drive was in the process of being undergrounded and that any neighborhood could petition for undergrounding if the majority of the residents approved and voted for the assessments. (c) WRITTEN COMMUNICATION: 1.SEQ OL0_0 1. Letter from Stephen Sammarco regarding the Hermosa Beach Yellow Bike Program. Action: To receive and file the letter which details the Rotary Club program to allow yellow bikes to be used free of charge and will be initiated at the Lower Pier Avenue Dedication on Saturday, August 16, 1997. Motion Oakes, second Bowler. The motion carried by a unanimous vote. 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: (a) Mayor Reviczky (requested by Jim Lissner in his supplemental letter noted in item 1[a]). Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on July 1, 1997. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received July 22, 1997; and, 2) Minutes of the Regular Meeting held on July 8, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Deputy City Clerk Naoma Valdes said that the minutes of the Adjourned Regular Meeting of July 1, 1997, would be clerically amended to note the supplemental letter from Mr. Lissner. Action: To approve the minutes of the Adjourned Regular Meeting of July 1, 1997, as amended to note the supplemental letter from Jim Lissner, 2715 El Oeste Drive received July 1, 1997, and to approve the minutes of the Regular Meeting of July 8, 1997, as presented. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10773 THROUGH 10925, NOTING VOIDED CHECK NO. 10882. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE 1997 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the June, 1997 Financial Reports as presented. (e) Recommendation to adopt resolution setting the 1997-98 appropriations limit. Memorandum from Finance Director Viki Copeland dated July 7, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5875, 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 1997-98.", which sets the appropriations limit for the City of Hermosa Beach for fiscal year 1997-98 as $14,306,861. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN AND ECO-SYSTEM PROJECT. Memorandum from Public Works Director Amy Amirani dated July 16, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5876, 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 DEPARTMENT OF PUBLIC WORKS SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR THE VALLEY PARK DETENTION BASIN ECO-SYSTEM PROJECT." (g) RECOMMENDATION TO AUTHORIZE ADDITIONAL EXPENDITURE FROM PARK IMPROVEMENT FUNDS CIP 97-506 FOR CLARK BUILDING SEISMIC RETROFIT PROJECT IN AN AMOUNT OF $3,175. Memorandum from Public Works Director Amy Amirani dated July 14, 1997. Action: To approve the staff recommendation to authorize additional expenditure from Park Improvement Fund CIP 97-506 for Clark Building Seismic Retrofit Project in an amount of $3,175 to cover the additional expense of removing asbestos heating duct wrap and other items of work added to the original contract to complete the job, such as removal of the old heaters, installation of new heaters, and insulation of the ceiling for more energy efficiency. (h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JULY 15, 1997. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of July 15, 1997. 2. CONSENT ORDINANCES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(a) 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. REVIEW AND RECONSIDERATION BY THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE A SIDEYARD VARIANCE OF 2.2' RATHER THAN THE REQUIRED 3 FEET AND THE DETERMINATION ESTABLISHING THE PROJECT BASE ELEVATION FOR MEASURING HEIGHT AT THE NEAREST PUBLIC IMPROVEMENT (FLOW LINE OF THE STREET) AT 2429 MYRTLE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 14, 1997. Supplemental information from Jim Berry, 2429 Myrtle Avenue, and Paul Goldman, Mr. Berry's attorney, were received at the meeting. Community Development Director Blumenfeld presented the staff report, responded to Council questions, and displayed photos of the site. City Manager Stephen Burrell and City Attorney Michael Jenkins also responded to Council questions. The public hearing opened at 8:16 P.M. Coming forward to address the Council on this item were: John Dunbabin - 2432 Myrtle Avenue, appellant, spoke to the appeal regarding the determination of height for the project from the nearest public improvement(flow line of the street) rather than the property corner point elevations; said that four trucks had dumped 1,100 cubic feet of fill dirt to change the grade level; asked the Council to overturn the Planning Commission decision; Daniel Valenzuela - 2424 Myrtle Avenue, appellant, spoke to the appeal of the variances granted for this project; said that the findings required for a variance under the Municipal Code had not been met; asked the Council to uphold the Code or change it and to overturn the Planning Commission decision; Jim Berry - 2429 Myrtle Avenue, applicant, said that he was requesting two variances in order to keep most of the existing house structure rather than demolishing and rebuilding and to provide rear access with a concrete stairway 23 inches higher than allowed by code in the north sideyard; said substantial erosion had occurred over the years that required fill dirt; asked that the Council not compromise his property rights for the views of his neighbors; Owen Peterson - 21515 Hawthorne Blvd., Torrance, attorney for Mr. Dunbabin, objected to staff footnote #1 which, he said, used other variances granted in the area as the basis for granting this variance rather than a unique circumstance of the property; and, asked the Council not to allow Mr. Berry to gain additional height for his building by dumping dirt on the City easement; Shirley Cassell - Hermosa Beach, said the City had no view ordinance; David Baskerville - 25th Street and Myrtle, said his home had undergone two remodels and each time he had to abide by the building codes in effect; said that the City building code should be kept uniform and enforced so that people could depend on the rules; Jane Berry - 2429 Myrtle Avenue, applicant, said there could be no doubt about the erosion as the sidewalk had collapsed; said it was unfair to attempt to have them build in the sump that this erosion had created so that neighbors across the street could protect their views; said that their adjoining neighbors had no objection to their sideyard variance; said they had circulated petitions signed by 150 people; Susan Renfi - 2112 Monterey Blvd., spoke regarding the right to complain; Lloyd Theodore - 421-5th Street, Manhattan Beach, owner of property south of the Berrys, said that he had no problem with the side yard variance and agreed with the Planning Commission decision to use the nearest public improvement to set the height limit; Paul Goldman - 2640 Hermosa Avenue, attorney for the Berrys, said the Berrys had met the rules required of them and that the Planning Commission agreed and had granted the variance and height determination; asked the Council to concur with that decision; John Carr - 2110 Loma Drive, questioned what portion of the view would be lost by the appellants; John Dunbabin - 2432 Myrtle Avenue, questioned if erosion had occurred on the Berry property as the sidewalk had collapsed many years ago when the footing was dug for the wall, but the wall was showing no signs of erosion; and, Kathy Dunbabin - 2432 Myrtle Avenue, quoted a newspaper article which spoke of view fairness by upholding one standard without variances or capriciousness. The public hearing closed at 9:00 P.M. Proposed Action: To deny the appeal. Motion Benz, second Edgerton. The motion was withdrawn by the maker. Action: To sustain the decision of the Planning Commission to use the nearest public improvement, the flow line of the street gutter, as the basis for measuring the building height. Motion Benz, second Edgerton. The motion carried, noting the objection of Mayor Reviczky. Further Action: To sustain the decision of the Planning Commission to deny the variance on the north property sideyard and to maintain the maximum allowable height at four feet for the stairway. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. Proposed Action: To sustain the decision of the Planning Commission to approve the variance on the south property sideyard which allows a ten inch intrusion of the structure into the sideyard. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Edgerton, Oakes and Mayor Reviczky. Action to Reconsider: To reconsider the prior action regarding the south property variance. Motion Edgerton, second Oakes. The motion carried by a unanimous vote. Final Action: To sustain the decision of the Planning Commission to approve the variance on the south property sideyard and to direct staff to return with a Resolution reflecting the Council's findings. Motion Edgerton, second Benz. The motion carried, noting the dissenting votes of Oakes and Mayor Reviczky. The meeting recessed at 9:40 P.M. The meeting reconvened at 10:03 P.M. 5. TEXT AMENDMENT TO ADD "MASSAGE THERAPY" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 10:09 P.M. Coming forward to address the Council on this item were: Maureen Gray - 708 El Redondo, Redondo Beach, business at 200 Pier Avenue, clarified the mandated licensing requirements; asked that modifications be made to the ordinances and urged the Council to adopt these proposed changes to the City Code; and, Shirley Cassell - Hermosa Beach, urged the Council not to approve this item; questioned the effectiveness of the included health standards; asked Council to "clean-up the tenderloin". The public hearing closed at 10:18 P.M. Action: To approve the Planning Commission recommendation to waive full reading and introduce Ordinance No. 97-1173, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES.", and, to waive full reading and introduce Ordinance No. 97-1174, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD "MASSAGE THERAPY BUSINESS" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES." Motion Benz, second Bowler. Amendment: To amend Ordinance No. 97-1173 as follows: 1) Section 5.74.050, License Application, Letter I. to read, "An annual certificate from a medical doctor stating that the applicant and any other massage therapist or massage technician employed or permitted to work by the applicant, has within sixty days prior thereto,..."; and, 2) Section 5.74.060, Facilities Necessary, Letter A. to read, "Minimum lighting shall be provided in accordance with the Uniform Building Code." and delete the remainder of the sentence. Motion Mayor Reviczky, second Edgerton. The motion to amend the main motion carried, noting the dissenting votes of Benz and Bowler. The vote on the main motion, as amended, was: AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 1.SEQ OL0_1 1. TEXT AMENDMENT TO CHANGE ZONING VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS AND ADMINISTRATIVE PENALTIES WITH FEW EXCEPTIONS. The public hearing opened at 10:28 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:28 P.M. Action: To approve the staff recommendation to continue this item to the meeting of September 9, 1997. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 7. METROPOLITAN TRANSIT AUTHORITY (MTA) LOCAL IMPLEMENTATION REPORT AND SELF CERTIFICATION RESOLUTION. Memorandum from Community Development Director Sol Blumenfeld dated July 16, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 10:32 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:32 P.M. Action: To approve the staff recommendation to adopt Resolution No. 97-5877, entitled, "A RESOLUTION 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 Edgerton, second Oakes. The motion carried by a unanimous vote. MUNICIPAL MATTERS 1.SEQ OL0_2 1. STATUS REPORT - DOWNTOWN REINVESTMENT. Memorandum from Community Development Director Sol Blumenfeld dated July 2, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To approve the staff recommendation to receive and file the report on Downtown reinvestment that showed private investment at $33.8 million, public investment at $8.3 million, and a projected total annual revenue addition of $681,358. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 9. STATUS OF THE DOWNTOWN ENHANCEMENT COMMISSION. Memorandum from Community Development Director Sol Blumenfeld dated July 15, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Coming forward to address the council on this item was: Shirley Cassell - Hermosa Beach, suggested that the Council redirect the Commission and money to enhance the City entrance corridor at Pacific Coast Highway. Action: To direct staff to: 1) initiate the required procedures and documents to discontinue the Downtown Business Area Enhancement District Commission with the Council's thanks for a job well done; and, 2) to return, on a future agenda, with the information needed to discuss the formation of a Pacific Coast Highway Enhancement District Commission. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. MEMORANDUM FROM CITY MANAGER REGARDING EXPANSION OF LOS ANGELES INTERNATIONAL AIRPORT. City Manager Burrell presented the staff report and responded to Council questions. Coming forward to address the Council on this item was: Parker Herriott - Hermosa Beach, expressed his concerns regarding the proposed expansion and said he was opposed to any type of expansion. Action: To approve the staff recommendation to adopt Resolution No. 97-5878, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DEMANDING FUNDS TO MITIGATE THE NEGATIVE IMPACTS LAX HAS ON THE CITY AND THE SOUTHERN CALIFORNIA REGION.", as amended to include the Council's objection to recent changes to the allowable ceiling, and to authorize the Mayor to execute a letter outlining the City's concerns about the proposed expansion of the airport. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. ALCOHOLIC BEVERAGE CONTROL SUBCOMMITTEE REPORT OF ABC ACTIONS IN HERMOSA BEACH. Copy of recent ABC action dated July 16, 1997. Councilmember Bowler declared a potential conflict of interest due to having a request before the ABC and left the dais and the room at 11:04 P.M. Council sub-committee members Benz and Edgerton spoke to the issue and said that they had sent a letter to the governor regarding the actions of ABC staff members in regard to dancing. City Manager Burrell responded to Council questions. Coming forward to address the Council on this item were: Shirley Cassell - Hermosa Beach, cautioned the Council about being too strident in its letter as that could offend the ABC and bring retaliation; Earlene Kern - said that she was pro-dancing but the issue was the proliferation of bars and restaurants; and, Parker Herriott - Hermosa Beach, said that he wanted a copy of the letter referred to by the Council. Action: To express a Council confirmation of the letter sent to Governor Wilson. Motion Benz, second Edgerton. The motion carried, noting the absence of Bowler. Councilmember Bowler returned to the dais at 11:24 P.M. 12. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Benz to direct staff to develop a fully operational reserve Firefighter Program including paid call positions. Councilmember Benz withdrew his request. CITIZEN COMMENTS Coming forward to address the Council at this time were: Jim Curnutt - 1706 Manhattan Avenue, spoke regarding the deterioration of painted markings for pedestrian crosswalks at the intersections of Ardmore Ave./Pier Ave., 22nd St./Hermosa Ave., and 16th St./Manhattan Ave.; said the traffic engineer had said that there were no plans to re-paint the marking; said that the parking space markings on Manhattan Avenue also needed to be re-painted; Parker Herriott - Hermosa Beach, listed additional crosswalks in need of painting as Pier Ave./Pacific Coast Hwy. and 24th St./Manhattan Ave.; said he thought the money spent in the downtown was a waste; Shirley Cassell - Hermosa Beach, questioned how the closed session could include the AVP lawsuit as Hermosa was not a party to that suit; and, Earlene Kerns - objected to lack of professionalism of the Council and the type of businesses in the downtown area. City Attorney Jenkins said that the City had been named in the AVP lawsuit involuntarily and therefor needed to discuss the issue. Mr. Jenkins continued that decisions were announced if anyone was still here at the conclusion of the closed session and then sent to the City Clerk for inclusion in the minutes of the meeting. City Attorney Jenkins also said that an item, potential City initiation of litigation under Government Code Section 54956.9(c): Stull v. Bank of America, needed to be added to tonight's closed session agenda and that in order to add this item two findings must be made; 1) that the need to discuss the item arose after the agenda had been posted, and 2) that there was an immediate need to take action on the item. Mr. Jenkins said that both findings were met by this item. Action: To add the urgency item listed by Mr. Jenkins to tonight's closed session agenda as the item had arisen after the agenda had been posted and the item needed immediate attention. Motion Benz, second Edgerton. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL a) Existing Litigation: Pursuant to Government Code Section 54956.9(a): Name of Case: Association of Volleyball Profes-sionals v. California Coastal Commission Case Number: BS045799 b) Initiation of Litigation: Pursuant to Government Code Section 54956.9(c): Name of Case: Stull v. Bank of America Case Number: 968-484, San Francisco County Superior Court 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 22, 1997, at the hour of 11:40 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 11:45 P.M. At the hour of 12:30 A.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - City Attorney Jenkins announced that a unanimous vote of all members of the City Council had been to initiate litigation through intervention in Stull v. Bank of America, case no. 968-484, San Francisco County Superior Court. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, July 23, 1997, at the hour of 12:31 A.M. to the Adjourned Regular Meeting of Tuesday, August 12, 1997, at the hour of 6:00 P.M. for the purpose of Parks, recreation and Community Resources Advisory Commission interviews, to be followed by the Regular Meeting at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, August 7, 1997, at the hour of 6:14 P.M. ROLL CALL: Present: Bowler, Mayor Reviczky Absent: Benz, Edgerton, Oakes Due to the lack of a quorum, the Special Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Thursday, August 7, 1997, at the hour of 6:15 P.M., to an Adjourned Regular Meeting to conduct commission interviews on Tuesday, August 12, 1997, at the hour of 6:00 P.M., to be followed by the Regular Meeting at 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 12, 1997, at the hour of 6:10 P.M. ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz (arrived at 6:13 P.M.) INTERVIEWS OF APPLICANTS FOR PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION - THREE SEATS - FOUR-YEAR TERMS Mayor Reviczky called the meeting to order and welcomed the applicants, noting that the actual appointment would be made later this evening during the regular City Council meeting when the scheduled item comes up on the agenda. Pursuant to past procedure, the applicants were interviewed separately, apart from the others, with each Councilmember asking one question of each of the applicants. Recognizing that this was a public meeting open to any member of the public wishing to observe the interviews, each of the applicants waited their turn in the City Hall foyer and entered the Council Chambers one at a time when called, in alphabetical order. (Councilmember Benz arrived at 6:13 p.m., during the interview session with the first applicant, Kathy Dunbabin.) Coming forward to proceed with the interview process and respond to the individual Council questions were the following applicants: 1) Kathy Dunbabin 2) Faith A. Devine 3) Silvestre (Sal) G. Gonzales 4) Todd R. Kuh CITIZEN COMMENTS - None ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, August 12, 1997, at the hour of 6:38 p.m., to the Regular meeting of the same date, which was scheduled to begin at the hour of 7:10 p.m. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 12, 1997, at the hour of 7:20 P.M. PLEDGE OF ALLEGIANCE - Betty Martin, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Benz announced the Pier Plaza grand opening scheduled for Saturday, August 16, 1997, starting at 5:00 P.M., and urged everyone to attend. PRESENTATION: PRESENTATION OF CERTIFICATES OF RECOGNITION TO HUGO M. ROJAS, II -- CALIFORNIA YOUTH KARATE CLUB, INC. FROM THE CITY OF HERMOSA BEACH AND FROM THE OFFICE OF SENATOR TERESA HUGHES. Mayor Reviczky presented a Certificate of Recognition from the City to Hugo Rojas II of the California Youth Karate Club, Inc. commending him for the work he has done with the youth in the community. On behalf of Senator Teresa Hughes of the 26th senatorial district, District Representative Pablo Cataño also presented Mr. Rojas with a Certificate of Recognition, commending him for the good work he has done with the youth in Hawthorne, calling him a champion in the community. Mr. Rojas thanked the City and Mr. Cataño for the certificates and introduced his assistant Kevin Hill and vice president Chris Young of the California Youth Karate Club, Inc. PROCLAMATIONS: CONSTITUTION WEEK September 17 - 23, 1997 Mayor Reviczky read the proclamation proclaiming September 17 through September 23, 1997 to be Constitution Week in the City of Hermosa Beach. LAWSUIT ABUSE AWARENESS WEEK September 22 - 27, 1997 Mayor Reviczky read the proclamation proclaiming September 22 through September 27, 1997 to be Lawsuit Abuse Awareness Week in the City of Hermosa Beach. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No members of the public came forward to address the Council at this time. City Manager Burrell said Consent Calendar items 1(k) and 1(n) were being withdrawn by staff from the agenda and would be presented to the Council at a future meeting. (b) COUNCIL COMMENTS: Councilmember Benz questioned the packet of forms being sold for $35 to business owners by the Hermosa Beach Chamber of Commerce and asked if it was a duplication of what he thought the City was already providing to businesses. (Councilmember Bowler said he had obtained a packet as he needed the forms to apply to State agencies, and noted that the packets are actually provided by the California Chamber of Commerce.) City Manager Burrell said he would check on what the City provides. Councilmember Bowler expressed concern about the difficulty faced by library patrons trying to find parking places during special events when the City Hall lot is filled. Action: Mayor Reviczky, with the consensus of the City Council, directed staff to reserve parking spaces for library use when special events take place in the City. (c) WRITTEN COMMUNICATION: 1. Letter from Janet Taranto received on July 28, 1997. Action: To direct the City Manager to respond to the issues raised in the letter, and to direct the City Attorney to report back to the Council concerning the City's jurisdiction with regard to the small, low-flying, advertising planes. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. 2. Letter from Jim Lissner dated July 28, 1997 regarding letter from ABC Subcommittee to Governor Wilson. Action: To receive and file the letter. Motion Benz, second Bowler. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (o), with the exception of items (k) and (n) which were withdrawn from the agenda by City Manager Burrell, and the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Edgerton, (g) Benz, (m) Benz, and (o) Oakes. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular Meeting held on July 22, 1997; and, 2) Minutes of the Regular Meeting held on July 22, 1997. Action: To approve the minutes of the Adjourned Regular Meeting of July 22, 1997, and the Regular Meeting of July 22, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10926 THROUGH 11139, NOTING VOIDED CHECK NOS. 10928 AND 10993 AND TO APPROVE CANCELLATION OF CHECK NOS. 10967 AND 11097 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated July 31, 1997. Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: Claimant: Ernest Herrera Date of Loss: On or about 7/13/97 Date Filed : 7/24/97 Allegation : Claimant alleges assault, battery & (e) RECOMMENDATION, PENDING FIRE DEPARTMENT APPROVAL, FOR APPROVAL OF THE USE OF FIREWORKS FOR THE GRAND OPENING CELEBRATION OF LOWER PIER AVENUE ON AUGUST 16, 1997. Memorandum from Fire Chief Pete Bonano dated July 28, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. Community Resources Mary Rooney responded to Council questions. Action: To approve, pending Fire Department approval, the use of fireworks for the grand opening and to authorize the City Manager to sign the agreement, as recommended by staff. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING A C.U.P. AND TENTATIVE TRACT MAP FOR A 5-LOT SUBDIVISION AT 532-540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated July 28, 1997. Action: To adopt Resolution No. 97-5879, entitled, "A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO APPROVE A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT, A 5-LOT SUBDIVISION, AND VESTING TENTATIVE TRACT MAP #52278 FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AT 532-540 20TH STREET AND LEGALLY DESCRIBED AS LOTS 36, 37, 38, & 39, TRACT #15546 AND VACATED PORTIONS OF 20TH STREET AND POWER STREET," as recommended by staff. (g) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 16, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting concerning the requested 29th Street beach volleyball court relocation. Community Resources Director Rooney responded to Council questions, noting that the matter would come before the Parks, Recreation and Community Resources Commission for review. Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of July 16, 1997, as recommended by staff. Motion Benz, second Mayor Reviczky. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROPRIATE DONATIONS RECEIVED FOR THE DOWNTOWN GRAND OPENING FIREWORKS DISPLAY TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated August 5, 1997. Action: To approve the staff recommendation to appropriate the following donations, and all other donations received for the purpose of the Downtown Grand Opening fireworks display, through August 16, 1997, to the Community Resources department: Hennesey's Tavern, Inc. - $150.00 Anonymous Donation - $500.00 Mike Ludwig - $100.00 Carol Kiland Duff - $100.00 Ro/Al, Inc. - $200.00 Loreto Plaza Management - $250.00 Century Cable - $500.00 (i) RECOMMENDATION TO APPROVE ONE (1) YEAR LEASE RENEWALS FOR THE ASSOCIATION OF RETARDED CITIZENS, THE EASTER SEALS SOCIETY, AND THE SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER AND AUTHORIZE THE MAYOR TO SIGN THE LEASE AGREEMENTS. Memorandum from Community Resources Director Mary Rooney dated August 4, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreements between 1.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 $2,195 per month (2,360 sq.ft. X $.93 per sq.ft.) from October 1, 1997, through September 30, 1998, for a total rental income of $26,340; 2.the Easter Seals Society and the City for the use of Room 14 in the Community Center at a rate of $856 per month (920 sq.ft. X $.93 per sq.ft.) from October 1, 1997, through September 30, 1998, for a total rental income of $10,272; and, 3.the South Bay Center for Counseling and the City for the use of Room 9 in the Community Center at a rate of $390 per month (419 sq.ft. X $.93 per sq.ft.) from October 1, 1997, through September 30, 1998, for a total rental income of $4,680; 4.for a total rental income of $41,292; and, 2) authorize the Mayor to sign the leases. (j) RECOMMENDATION TO APPROVE THE PURCHASE OF AN AMBULANCE IN THE AMOUNT OF $64,458 FROM LEADER INDUSTRIES. Memorandum from Fire Chief Pete Bonano dated July 28, 1997. Action: To approve the purchase of an ambulance from Leader Industries in the amount of $64,458 from the vehicle replacement fund, as recommended by staff. (k) RECOMMENDATION TO APPROVE THE PURCHASE OF FIRE EQUIPMENT FOR THE NEW FIRE ENGINE IN THE AMOUNT OF $26,392.02. Memorandum from Fire Chief Pete Bonano dated July 29, 1997. This item was withdrawn from the agenda by staff. (l) RECOMMENDATION TO ADOPT RESOLUTION CONTAINING SPECIFIC FINDINGS TO SUSTAIN THE PLANNING COMMISSION DECISION TO GRANT A SIDEYARD VARIANCE AT 2429 MYRTLE AVE. Memorandum from Community Development Director Sol Blumenfeld dated July 24, 1997. Action: To adopt Resolution No. 97-5880, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A VARIANCE FOR A SINGLE-FAMILY DWELLING AT 2429 MYRTLE AVENUE, LEGALLY DESCRIBED AS LOT 24, TRACT 1031," as recommended by staff. (m) RECOMMENDATION TO APPROVE AMENDMENT TO AGREEMENT FOR CROSSING GUARD SERVICES FOR 1997-98 SCHOOL YEAR AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. Memorandum from City Manager Stephen Burrell dated August 7, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting concerning whether the School District was contributing to the program. City Manager Burrell responded to Council questions. Action: To approve the amendment to the City's agreement for crossing guard services with All City Management Services, Inc. for the 1997-98 school year and direct the City Manager to execute the agreement on behalf of the City, as recommended by staff. Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Benz. (n) RECOMMENDATION TO APPROVE CONTRACT WITH E. TSENG & ASSOCIATES AS CONSULTANT FOR PROVIDING SERVICES TO IMPLEMENT THE CITY'S WASTE REDUCTION AND RECYCLING PROGRAM UP TO $30,000 BASED ON TASKS SET FORTH IN SCOPE OF WORK. Memorandum from Community Development Director Sol Blumenfeld dated July 24, 1997. This item was withdrawn from the agenda by staff. (o) RECOMMENDATION TO ALLOW THE USE OF INCENTIVE AND CONTINGENCY FUNDING PREVIOUSLY ALLOCATED TO THE LOWER PIER AVENUE STREETSCAPE PROJECT (CIP 94-160) TO COVER THE ADDITIONAL ARCHITECTURAL, CONSTRUCTION MANAGEMENT AND CONSTRUCTION RELATED COSTS ON THAT PROJECT. Memorandum from Public Works Director Amy Amirani dated August 5, 1997. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting concerning the reason for additional payments. Public Works Director Amirani presented the staff report, noting the following corrections to the top of page 2 concerning the construction management budget: the figure for total budget and invoices submitted through May 29 should be $126,900, and the figure for invoices submitted after May 29 and the deficit should be $13,546. She and City Manager Burrell then responded to Council questions. Action: To allow the use of incentive and contingency funding previously allocated to the Lower Pier Avenue Streetscape Project (CIP 94-160) to cover additional architectural, construction management and construction related costs on that project, as recommended by staff. Motion Oakes, second Bowler. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES (a) ORDINANCE NO. 97-1173- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 30, 1997. Action: To waive full reading and adopt Ordinance No. 97-1173. Motion Benz, second Bowler. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None (b) ORDINANCE NO. 97-1174 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD 'MASSAGE THERAPY BUSINESS' AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 30, 1997. Action: To waive full reading and adopt Ordinance No. 97-1174. Motion Bowler, second Benz. AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky NOES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e), (g), (m), and (o) 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. BAY CITIES SURF CLUB REQUEST FOR APPROVAL OF "ALOHA DAYS" HAWAIIAN & LONGBOARD SURF CONTEST TO BE HELD ON SATURDAY, SEPTEMBER 20, 1997. Memorandum from Community Resources Director Mary Rooney dated August 4, 1997. Community Resources Director Mary Rooney presented the staff report and responded to Council questions. Public participation opened at 7:55 P.M. Coming forward to address the Council was: Abel Ybarra - Bay Cities Surf Club, said Hermosa had once been known as the surf capital of California with several top surfers; said the Bay Cities Surf Club initiated in 1960; said he spoke to local merchants and they seemed to have no problems with the event; and said there would be bands playing Hawaiian music and surf music and two Hawaiian food vendors. Public participation closed at 8:05 P.M. Action: To approve the recommendation of the Parks, Recreation and Community Resources Commission and staff to: 1) Approve the request from Bay Cities Surf Club to hold a longboard surf competition and Aloha Days celebration on Saturday, September 20, 1997; 2) Approve the event contract and authorize the Mayor to sign the attached contract; 3) Waive the fees as requested by the Bay Cities Surf Club: Daily Permit fee ($1,651.40), Banner fee ($203.80), Amplification Permit fee ($38.60), and Parking fees ($15.70 per meter); and 4) Contribute $2,500 from the DEC fund to the event; with the event hours extended to end at 8:30 P.M. (instead of 5:30 P.M.), and with direction to staff to charge only direct costs for required police services. Motion Benz, second Edgerton. The motion carried, noting the dissenting votes of Oakes and Mayor Reviczky. The meeting recessed at 8:07 P.M. The meeting reconvened at 8:32 P.M. 1.5. PARKING STRUCTURE DESIGN STATUS. Memorandum from Public Works Director Amy Amirani dated August 6, 1997. Public Works Director Amirani presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Pauline Souza and Sam Nunes, from the architectural firm of Gordon H. Chong and Partners, came forward to present preliminary design drawings, material samples and a model of the parking structure design concept. Ms. Souza reviewed the functional aspects of the project and said they have tried to create a low, elegant, simple structure that would not call a lot of attention to itself. She reviewed various design features including the landscaping proposed on all four sides of the project, noting various grasses between the columns, and trellised vines on the north side of the building. She presented sample colored tiles in shades of blue, green and yellow, a translucent glass sample for the office area, and an ornate translucent material sample for the elevator areas. She said the proposed parking has been reduced from 400 to 391 spaces in order to decrease the number of compact car spaces. Mr. Nunes said this evening they were seeking approval of the preliminary design development concept and direction on the area of the color pallet. He said they should be able to return to the September 9, 1997 meeting. He responded to questions concerning the possibility of adding a four or four and one-half foot sidewalk on the south side of the structure where none is currently proposed. In response to Council questions concerning a possible bridge linking with a future development, he said the issue of a proposed bridge should be taken into account at this point for reinforcement purposes if was to be attached to the parking structure. At 8:45 P.M., the Council members stepped down from the dais for a closer view of the various items on display in the Council Chambers. The Council returned to the dais at 9:11 P.M. Public participation opened at 9:11 P.M. As no one came forward to address the Council, public participation closed at 9:11 P.M. Action: To approve the staff-recommended preliminary architectural design development concept by the Gordon Chong & Partners architectural firm for the Lot C parking structure; to direct staff to begin preparation of construction documents based upon this concept; and, for directional purposes only, to disapprove the ornate translucent material sample proposed for the elevator areas and approve the following design features: 1) the fiberglass cladding system for the exteriors; 2) the spiral seashell-type tile for the pedestrian locations; 3) the stainless-looking signage; and 4) the translucent glass proposed for the office area; with direction to the architects to return with the blue/green tiles shown this evening as well as other colors that are more timeless and elegant and less trendy. Motion Oakes, second Bowler. The motion carried by a unanimous vote. Proposed Action: To design a stairway for pedestrian access from the middle of the parking structure with a crosswalk leading to Loreto Plaza. Motion Edgerton, second Oakes. The motion failed due to the dissenting votes of Benz and Mayor Reviczky, noting the abstention by Bowler who cited a potential conflict of interest because of a business in Loreto Plaza. City Manager Burrell said staff would discuss the sidewalk and bridge issues with the developer and report back. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) ACKNOWLEDGMENT OF COASTAL COMMISSION PERMIT FOR OUTDOOR DINING. Memorandum from City Manager Stephen Burrell dated August 7, 1997. City Manager Burrell presented the staff report and responded to Council questions. Proposed Action: To not sign the document and advise the Coastal Commission that the City Council takes exception to the conditions imposed concerning City issues such as signage and to the requirement for Coastal Commission approval for changes. Motion Benz, second Edgerton. The second was subsequently withdrawn and the motion then died for lack of a second. Proposed Action: To sign the acknowledgment and then file an appeal to amend the outdoor dining permit with the removal all four special conditions. Motion Edgerton. The motion was withdrawn following the City Attorney's comments noted below. City Attorney Jenkins recommended that the Council continue the item to the next meeting at which time he would provide them with a report on the implications of signing or not signing the acknowledgment. Action: To continue this item to the next meeting and direct the City Attorney to provide a report on the issue of signing or not signing the document at that meeting. Motion Edgerton, second Benz. The motion carried by a unanimous vote. (b) ORAL REPORT ON SEWER CONNECTION PROGRAM. City Manager Burrell said at the next Council meeting of September 9, 1997, staff would present an ordinance change to the sewer connection fee program to add a payment plan program which would allow people who change from low to high intensity use to pay over a period of one year, with interest charged, so there would be no loss to the City. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL (a) VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TERMS - APPOINT PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSIONERS. Memorandum from City Clerk Elaine Doerfling dated August 7, 1997. City Clerk Doerfling presented the staff report. Mayor Reviczky said, at the request of Community Resources Director Rooney, all appointments would be effective for the September 17, 1997, Commission meeting rather than next week's meeting to allow the seated commissioners the opportunity to make their farewell speeches. Action: To re-appoint Kathy Dunbabin to the Parks, Recreation and Community Resources Advisory Commission for a four-year term ending June 30, 2001. Motion Bowler, second Oakes. The motion carried. Action: To appoint Sal Gonzales to the Parks, Recreation and Community Resources Advisory Commission for a four-year term ending June 30, 2001. Motion Edgerton, second Benz. The motion carried. Action: To appoint Todd Kuh to the Parks, Recreation and Community Resources Advisory Commission for a four-year term ending June 30, 2001. Motion Oakes, second Mayor Reviczky. The motion carried. (b) DESIGNATION OF THE VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. Memorandum from City Manager Stephen Burrell dated July 28, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Mayor Reviczky as delegate and Mayor Pro Tem Edgerton as alternate for the League of California Cities Annual Conference Business Meeting on Tuesday, October 14, 1997. Motion Edgerton, second Bowler. The motion carried by unanimous vote. 8. OTHER MATTERS - CITY COUNCIL Councilmember Bowler announced a potential conflict of interest pertaining to items 8(a) and 8(b) due to an application he has pending before the Alcoholic Beverage Control Board (ABC) and at 9:55 p.m. stepped down from the dais and left the room. (a) Request from Councilmember Benz to add a misdemeanor offense for any person representing any state agency to prohibit or cause others to prohibit dancing in Hermosa Beach with maximum penalties on the first offense. Councilmember Benz spoke to his request. Proposed Action: To add a misdemeanor offense for any person representing any state agency to prohibit or cause others to prohibit dancing in Hermosa Beach with maximum penalties on the first offense. Motion Benz, second Edgerton. The motion was subsequently withdrawn and no action was taken on this item. (b) Request from Mayor Pro Tem Edgerton to add a misdemeanor offense for any person representing any state agency to knowingly circumvent the California Business and Professions Code Section 23038 which states that "[n]othing in this section, however, shall be construed to require that any food be sold or purchased with any beverage." Mayor Pro Tem Edgerton spoke to his request. Action: To direct the City Attorney to research the authority of the ABC and report back to Councilmembers Benz and Edgerton prior to their upcoming meeting with the ABC. Motion Edgerton. The motion was subsequently withdrawn and no action was taken on this item. Councilmember Bowler returned to the dais at 10:14 P.M. (c) Request from Councilmember Bowler for consideration of stop sign at 10th Street and Hermosa Avenue. Councilmember Bowler withdrew this item, noting he would bring it back at a later time. CITIZEN COMMENTS - None City Attorney Jenkins said a litigation matter, Lissner v. the City of Hermosa Beach, needed to be added to tonight's closed session agenda, noting that the need to discuss the item arose after the agenda had been posted and there was an immediate need to take action on the item. Action: To add the subject matter of litigation to the closed session agenda based on the findings that the matter came to the attention of the City after the posting of the regular agenda and there was an immediate need to take action on the item. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on August 7, 1997. 2. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 549567.9(a) Name of Case: James H. Lissner v. City of Hermosa Beach Case Number: BS041936 ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 12, 1997, at the hour of 10:15 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 11:05 P.M. At the hour of 11:30 P.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 12, 1997 at the hour of 11:31 P.M. to an Adjourned Regular Meeting of Wednesday, August 13, 1997 at the hour of 7:00 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Wednesday, August 13, 1997, at the hour of 7:09 P.M. ROLL CALL: Present: Benz, Bowler, Reviczky, Mayor Oakes Absent: Edgerton ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers' Association Hermosa Beach Firefighters' Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, August 13, 1997, at the hour of 7:09 P.M. to a Closed Session. The Closed Session convened at the hour of 7:10 P.M. At the hour of 9:10 P.M., the Closed Session adjourned to the Adjourned Regular Meeting. RECONVENE TO OPEN SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach reconvened on Wednesday, August 13, 1997, at the hour of 9:11 P.M. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Wednesday, August 13, 1997 at the hour of 9:11 P.M. to the Regular Meeting of Tuesday, September 9, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 9, 1997, at the hour of 7:19 P.M. PLEDGE OF ALLEGIANCE - James Dewey, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced: 1) The Beach Cities Surf Club will be sponsoring "Aloha Day" on Saturday, September 20, 1997, starting with long board surf competition at 10:00 A.M. and continuing with Polynesian/ Hawaiian food, entertainment and vendors throughout the day until 8:30 P.M. and urged everyone to come to this free event at the Pier head; and, 2) The Redondo Beach Dragon Boat Festival on Saturday, September 27, 1997, and said that the Redondo Beach Council had challenged Hermosa Beach Council to a Dragon Boat race and asked if the Council wished to accept the challenge. The Council agreed to the race to be held at 11:00 A.M. in the Redondo Marina. Councilmember Benz said that he and Councilmember Edgerton would bring their preliminary plans for a "Last Night" Celebration before the Council at the next meeting of September 23, 1997. PRESENTATIONS: PRESENTATION OF PLAQUES TO DOWNTOWN ENHANCEMENT COMMISSIONERS Mayor Reviczky presented plaques of Appreciation to James Dewey, Jerry Newton, Dean Nota, Patricia Spiritus and Dallas Yost for their work on the Downtown Business Area Enhancement District Commission; thanked them for an excellent job in the revitalization of the downtown area; and, praised their volunteer contribution to the City. Coming forward individually, each Commissioner thanked the Council, City staff, residents of Hermosa and the business owners downtown for assistance, encouragement and the opportunity to serve the community. And, they urged the Council to now concentrate efforts on revitalization of other areas of the City. PROCLAMATIONS: COASTAL CLEAN-UP DAY September 20, 1997 Mayor Reviczky read the proclamation and proclaimed September 20th, 1997, as Coastal Clean-Up Day. CHILD INJURY AND VIOLENCE PREVENTION WEEK October 19 - 25, 1997 Mayor Reviczky read the proclamation and proclaimed October 19th through the 25th, 1997, as Child Injury and Violence Prevention Week. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, spoke of the loss of parking spaces in the downtown area, claiming that 244 spaces have been lost during the revitalization program; asked that she be allowed to speak on consent calendar item 1(b); and read a letter to the Council chiding the ABC sub-committee for its language and conduct; Charlotte Malone - 260-31st Street, spoke regarding parking for library patrons during City events when the City Hall/Library parking lot is used as a staging area or by event participants; said that many library patrons could only come to the library on Saturday and needed an area reserved for their use only; read the Council's directive to staff for reserved spaces for library patrons from the August 12, 1997, minutes and asked why it had not been followed; (City Manager Stephen Burrell responded that there had not been time to devise a way to sign the lot for library patrons only.); and, Ron Schneider - Librarian, said that he has received many complaints from library patrons regarding the lack of available parking. (b) COUNCIL COMMENTS: Councilmember Edgerton questioned: 1) the possibility of creating cab stands to alleviate the congestion of cruising cabs; (City Manager Burrell responded that this will be included in an item on traffic control on the meeting of Thursday, October 16, 1997.); 2) allowing retail merchants to display wares outdoors as the restaurants were now allowed to do. Action: To place the issue of retail encroachment permits and guidelines for use on the agenda of the Tuesday, September 23, 1997, meeting. Motion Benz, second Oakes. The motion carried by a unanimous vote. 3) the health of the new palm trees in the downtown area. (City Manager Burrell responded that the drip irrigation system is not able to compensate for the extreme heat this summer and that additional watering is needed.) (c) WRITTEN COMMUNICATION: 1. Letter from residents of 31st Street regarding property located at 259 - 31st Street. Coming forward to address the Council on this item was: Charlotte Malone - 260-31st Street, said that she lived directly opposite the property and that it has been an eyesore, with no attempt to clear the debris for many months; asked the City to take steps to eliminate this neighborhood problem. Community Development Director Sol Blumenfeld gave a timeline of the events regarding the property, said the owners had started demolition without permits and then had just done nothing, said that a permit has been approved and the owners just need to pick it up. Action: To direct Mr. Blumenfeld to return with a progress report on this property for the meeting of Tuesday, September 23, 1997. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. 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: (b) Bowler (for Shirley Cassell), (f) Benz (for comment only), (g) Benz, and (h) Oakes. Motion Oakes, 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. At the hour of 7:51 P.M. the order of the agenda was suspended to go to the public hearing item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1.Minutes of the Special meeting held on August 7, 1997; 2.Minutes of the Adjourned Regular meeting held on August 12, 1997; 3.Minutes of the Regular Meeting held on August 12, 1997; and, 4.Minutes of the Adjourned Regular meeting held on August 13, 1997. Action: To approve the minutes of the Special meeting held on August 7, 1997; the minutes of the Adjourned Regular meeting held on August 12, 1997; the minutes of the Regular Meeting held on August 12, 1997; and, the minutes of the Adjourned Regular meeting held on August 13, 1997, as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11140 THROUGH 11430, NOTING VOIDED CHECK NOS. 11231, 11289 AND 13111, AND TO APPROVE CANCELLATION OF CHECK NO. 11159 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Bowler, at the request of Shirley Cassell, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, questioned why the City was using Manhattan Car Wash rather than Hermosa Car Wash to clean its vehicles; said she thought the City should patronize its own businesses. City Manager Burrell said that the City contracted over a period of time for work and that the Hermosa Beach Car Wash had been closed for remodeling but that the City would renew its contract with Hermosa Car Wash. Action: To ratify the check register as presented. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report. Action: To receive and file the July, 1997, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RECYCLING BLOCK GRANT PROGRAM. Memorandum from Public Works Director Amy Amirani dated August 4, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5881, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RECYCLING BLOCK GRANT PROGRAM." (f) RECOMMENDATION TO APPROVE EQUIPMENT PURCHASES FOR THE NEW FIRE ENGINE IN THE AMOUNT OF $26,392.02. Memorandum from Fire Chief Pete Bonano dated July 29, 1997. Councilmember Benz commended the Fire Department for writing its bid in a manner that allowed the bid to be split among the bidders to enable the City to accept the lowest bid per item. Action: To approve the staff recommendation to approve equipment purchases for the new fire engine, consisting of axes, fire hose and nozzles, small tools, etc., from the following bidders: 1) Wildfire Halprin -- $1,795.71; 2) All Star Fire Equipment -- $10,148.80; and, 3) LN Curtis -- $14,447.51, for a total amount of 26,392.02. (g) RECOMMENDATION TO CONTINUE TO RETAIN JOHN L. HUNTER AND ASSOCIATES TO PERFORM TASKS AND ADMINISTER THE CITY'S MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGE PROGRAMS AND AUTHORIZE EXPENDITURES OF $30,240 FROM APPROPRIATED $75,000 SEWER FUND FOR NPDES PROGRAM. Memorandum from Public Works Director Amy Amirani dated August 25, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting. City Manager Burrell presented the staff report and responded to Council questions saying that many, if not all, of the reports listed in the staff item were mandated, not optional. Proposed Action: To not allocate the money nor approve the contract. Motion Edgerton, second Benz. The motion was withdrawn by the maker and the second. Action: To continue this item to the meeting of Thursday, October 16, 1995, in order to have Mr. Hunter attend the meeting to explain his expertise and methods of meeting mandated compliance, plus discussion of innovative programs to accomplish a decrease in local ocean and beach contamination. Motion Oakes, second Benz. The motion carried, noting the dissenting votes of Bowler and Mayor Reviczky. Proposed Action: To allocate $30,000 from the appropriated $75,000 sewer fund to initiate storm water diversion or restaurant grease trap programs. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. (h) RECOMMENDATION TO APPROVE REQUEST FROM ROLLER HOCKEY PROGRAM LEADER TO ADD A GATORADE VENDING MACHINE (WITH A 40% COMMISSION TO THE CITY) TO SOUTH PARK AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE (1) YEAR CONTRACT. Memorandum from Community Resources Director Mary Rooney dated August 28, 1997. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Community Resources Director Rooney responded to Council questions. Action: To approve the staff recommendation to . 1.Approve the request from the Roller Hockey Program Leader to add a Gatorade Vending Machine (with a 40% commission to the City) to South Park; and 2.Authorize the City Manager to sign the attached one (1) year contract. With the direction to staff to monitor the maintenance of the vending machine and add more trash receptacles to the area. Also, staff was directed to post hours of free skating at the rink. Motion Oakes, second Edgerton. The motion carried by a unanimous vote. 1.(i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON AUGUST 20, 1997. Action: To approve the staff recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission. (j) RECOMMENDATION TO REAPPROPRIATE FUNDS TO BOTH THE 1996-97 AND 1997-98 BUDGET. Memorandum from Finance Director Viki Copeland dated August 26, 1997. Action: To approve the staff recommendation to reappropriate the amounts listed in the staff report, for items budgeted but not completed by June 30, 1997, to both the 1996-97 and the 1997-98 budget. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(b), (f for comment only), (g), 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. The meeting recessed at the hour of 8:35 P.M. The meeting reconvened at the hour of 9:03 P.M. and continued with item 5. PUBLIC HEARINGS 4. TEXT AMENDMENT TO CHANGE ZONING VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS AND ADMINISTRATIVE PENALTIES WITH FEW EXCEPTIONS. (Continued from meeting of July 22 1997) The public hearing opened at 7:52 P.M. As no one came forward to address the Council on this item. The public hearing closed at 7:52 P.M. Action: To approve the staff recommendation to re-advertise this item for a future meeting. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. At the hour of 7:53 P.M. the order of the agenda was returned to item 2. 5. ALOHA DAYS: STAGE LOCATION CHANGE AND REQUEST FOR PROP A FUNDS. Memorandum from Community Resources Director Mary Rooney dated September 3, 1997. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 9:05 P.M. Coming forward to address the Council on this item were: Able Ybarra - Beach Cities Surf Club, said that due to radio promotion and word of mouth among the Hawaiian and Polynesian communities, they were receiving inquiries about the event from a large number of people, and, to be prudent they wished to provide shuttle bus service for alternative parking at Mira Costa; and, Corinne Ybarra - (no address given) said that the Hawaiian bands would start at 10:00 A.M. then the surf bands would begin at 4:00 P.M. and continue to 8:30 P.M. and then time was needed to take down the stage and clean-up. Public participation closed at 9:11 P.M. Action: To approve the staff recommendation to: 1) approve the request of the Beach Cities Surf Club to locate the performance stage on the beach south of the pier instead of the west end of the Plaza; and, 2) to allow the allocation of $2,500 of Proposition A funds as payment for shuttle bus service for the event. With the direction to staff to monitor the bus usage to determine if the buses were needed throughout the event or if they could be discontinued. Also, to secure parking for library patrons during the time the library was open on Saturday. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Proposed Action: To allow the bands the option of playing until 10:00 P.M. Motion Benz, second Edgerton. The motion died due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. 6. TEXT AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE TO ALLOW ADDITIONAL TIME FOR PAYMENT OF SEWER CONNECTION FEES. Memorandum from Community Development Director Sol Blumenfeld dated September 4, 1997. Supplemental information from Community Development Director Sol Blumenfeld dated September 8, 1997. Councilmember Bowler declared a potential conflict of interest due to his downtown business and left the dais and the room at 9:20 P.M. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions. Public participation opened at 9:35 P.M. Coming forward to address the Council on this item was: Shane McColgan - Shark's Cove and The Mix, explained his problem and detailed how his opinion that the fee should be exempted for his remodel differed with the decision of the Community Development Department regarding sewer hook-up fees. Public participation closed at 9:47 P.M. Proposed Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 97-11 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SEWER CONNECTION FEE, COLLECTION PROCEDURE, SECTION 13.04 OF THE HERMOSA BEACH MUNICIPAL CODE." Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Oakes and Mayor Reviczky and the absence of Bowler. Action: To direct staff to return with a complete report of the sewer connection fee procedure including the consideration of having a use fee rather than a hook-up fee for existing buildings and of giving a credit or using the monies collected for anti-pollution programs such as grease traps Motion Edgerton, second Mayor Reviczky. The motion carried, noting the absence of Bowler. Councilmember Bowler returned to the dais at 10:00 P.M. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER (a) SUPPORT AB1228 (DUCHENEY) AND COASTAL CITIES DIVISION OF LEAGUE OF CALIFORNIA CITIES. Memorandum from City Manager Stephen Burrell dated August 20, 1997. ACTION: To approve the staff recommendation to approve sending a letter of support for AB1228 and approve sending a letter of interest for coastal cities group. Motion Edgerton, second Mayor Reviczky. The motion carried by a unanimous vote. (b) REQUEST FOR MEETING DATE CHANGE FROM TUESDAY, OCTOBER 14, 1997 TO THURSDAY, OCTOBER 16, 1997. Memorandum from City Manager Stephen Burrell dated September 4, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the change of date from Tuesday, October 14, 1997, to Thursday, October 16, 1997, as the date of the first City Council meeting in October. Motion Bowler, second Oakes. The motion carried by a unanimous vote. (c) REPORT CONCERNING DOWNTOWN BUSINESSES AND DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. Oral report from City Manager Stephen Burrell. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received September 4, 1997. Councilmember Bowler declared a potential conflict of interest due to his downtown business and left the dais and the room at 10:05 P.M. City Manager Burrell presented an oral report saying that a meeting has been set for Thursday, September 18, 1997, however the time and location have not been determined. Mr. Burrell requested Council direction regarding the City's position on land use issues including hours of operation, noise control, entertainment, activities, etc. noting that the traditional position is that locally elected people are best to determine these issues as they have much more contact with the businesses and the residents of the area. Action: To: 1) support the position that the City, through its City Council and City staff, is the proper responsible entity to determine City land use issues; and, 2) authorize the expenditure of funds to have the City Attorney research and render an opinion on decisions affecting the City's jurisdiction of land use issues. Motion Mayor Reviczky, second Oakes. The motion carried, noting the absence of Bowler. Councilmember Bowler returned to the dais at 10:17 P.M. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS No one came forward at this time to address the Council. City Manager Burrell announced a correction of the address under Closed Session item 1 - Real Property Negotiations as 545 Cypress Street rather than 445 Cypress. City Attorney Jenkins announced that in the case of Keep Hermosa Beautiful v. City of Hermosa Beach (parking structure opponents) the plaintiffs had filed a motion for summary judgment and the City had filed a demurrer and request for dismissal, with these motions to be heard on Wednesday, September 24, 1997, and that the City Attorney would report at the next meeting after the hearing. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8: Property: 545 Cypress Street Negotiating Parties: Stephen Burrell Under Negotiation: Price & Terms of Payment 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 1997, at the hour of 10:22 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 10:31 P.M. At the hour of 10:53 A.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 1997 at the hour of 10:54 P.M. to the Regular Meeting of Tuesday, September 23, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 23, 1997, at the hour of 7:19 P.M. PLEDGE OF ALLEGIANCE - Pete Tucker, Planning Commissioner ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced the Dragon Boat Festival scheduled for 11:00 A.M. Saturday, September 27, 1997 at the Redondo Beach Marina, where Council and staff members will compete against the City of Redondo Beach in a boat race, noting that each boat holds 22 people. He said the required practice would be scheduled for the morning prior to the race. He also commented on the success of Aloha Days, which took place Saturday, September 20, 1997 at the Pier head, thanked the event organizers, and noted that the event was very family oriented, with lots of children in attendance and a lot of Hawaiian culture and food. Councilmember Oakes announced the annual Livable Communities Conference scheduled to take place Thursday, October 9, 1997, from 8:30 A.M. to 2:00 P.M. at Barnaby's in Manhattan Beach. She said the event brings together planners, councilmembers, and other officials with the general public to discuss transportation issues and how to make the South Bay more livable, and noted that the focus this year will be on large boulevards, such as Pacific Coast Highway and Hawthorne Boulevard, as well as the proposed airport expansion. She said she had some pamphlets available for anyone interested. Mayor Reviczky requested that all speakers speak directly into the microphones this evening to ensure they can be heard above the noisy fans being used to cool the room. PROCLAMATIONS: CALIFORNIA RIDESHARE WEEKOCTOBER 6 - 10, 1997 Mayor Reviczky read the Proclamation, which urged Californians to practice and support ridesharing. PRESENTATIONS: PRESENTATION OF CHECK TO THE CITYFROM THE HERMOSA BEACH CHAMBER OF COMMERCE FORVENDOR FEES FROM THE LABOR DAY FIESTA DE LAS ARTES Carol Anderson, Chamber of Commerce, presented Mayor Reviczky with a check to the City in the amount of $7,850 as payment of business license in-lieu fees for vendors participating in the Labor Day weekend Fiesta de las Artes. She also submitted a report showing a breakdown of the associated fees. ACCEPTANCE OF TROPHY TO THE CITYFROM THE ASSOCIATION OF VOLLEYBALL PROFESSIONALS (AVP)NAMING THE MILLER LITE HERMOSA BEACH GRAND SLAM AS THE1997 TOURNAMENT OF THE YEAR ON THE MILLER LITE/AVP TOUR Mayor Reviczky referred to the glass trophy on the dais and an accompanying letter from AVP naming the City's Grand Slam volleyball tournament, which took place June 13-15, 1997, as the 1997 Miller Lite/AVP Tour Event of the Year and thanking the City for its support. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Scott Frantz - 642 Seventh Street, requested that Council pull Consent Calendar Item 1(i); and Tom Morley - Hermosa Beach, commented on item 11.a. (Other Matters - City Council, regarding sound reduction to South Park roller hockey rink), expressed appreciation at seeing the item on the agenda; said it sounds like a nail gun going off at the hockey rink; noted that in the past the Council has placed restrictions on hours of construction and equipment usage to allow for peace and quiet at residences. (b) COUNCIL COMMENTS - None (c) 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: (h) Bowler, and (i) Benz (for Scott Frantz). Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on September 9, 1997. Action: To approve the minutes of the Regular Meeting of September 23, 1997, as presented (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11431 THROUGH 11578 AND TO APPROVE CANCELLATION OF CHECK NOS. 11232, 11469 AND 11486 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING AUGUST 1997, FINANCIAL REPORTS. Action: To receive and file the memorandum regarding the August 1997, financial reports as presented. (e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated September 10, 1997. Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator: 1) Claimant: Horner, Phyllis Date of Loss: 05/25/97 Date Filed : 08/28/97 Allegation : Claimant seeks reimbursement for expenses allegedly arising from an auto accident involving a City employee. (f) RECOMMENDATION TO APPROVE TRANSFER OF FRANCHISE FROM BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC. TO BFI WASTE SYSTEMS OF NORTH AMERICA, INC. (BFI WASTE). Memorandum from City Manager Stephen Burrell dated September 10, 1997. Action: To approve the transfer of the agreement as requested to BFI Waste Systems of North America, Inc. and direct the City Manager to execute the transfer consent letter, as recommended by staff. (g) RECOMMENDATION TO APPROVE PURCHASE OF PICKUP TRUCK FOR POLICE DEPARTMENT (COMMUNITY SERVICES). Memorandum from Police Chief Val Straser dated September 10, 1997. Action: To approve the staff recommendation to : 1.reject the bid from South Bay Ford as it did not include the equipment specified; and, 2.award the bid to Manhattan Ford of Manhattan Beach for the purchase of a 1998 Ford Ranger pick-up for a total cost of $21,675.98. (h) RECOMMENDATION TO RECEIVE AND FILE PROGRESS REPORT ON PROJECT AT 259 - 31ST STREET. Memorandum from Community Development Director Blumenfeld dated September 16, 1997. This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. Action: To receive and file the report, as recommended by staff.Motion Bowler, second Oakes. The motion carried by a unanimous vote. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 1997. Supplemental letter from Scott Frantz, 642 Seventh Street, received September 23, 1997. This item was removed from the consent calendar by Councilmember Benz (at the request of Scott Frantz) for separate discussion later in the meeting relating to Planning Commission agenda item 8. At 7:50 P.M., prior to any discussion of this item, Mayor Reviczky and Councilmember Edgerton stepped down from the dais and left the room, citing potential conflicts of interest. Councilmember Benz chaired the meeting in the absence of both the Mayor and Mayor Pro Tem. Public participation opened at 7:52 P.M. Coming forward to address the Council on this item were: Scott Frantz - 642 Seventh Street, read his letter re the item 8 condominium project, said the Planning Commission considered a different plan after the public hearing was closed and did not let the public speak on the new plan; Steve Ashley - 647 Seventh Street, submitted a letter and asked that the issue be heard at a public forum so that the public could voice its concerns, noting that those concerns have never been addressed; and Cheryl Vargo - representing the applicant, requested that the Council review the matter itself and not refer it back to the Planning Commission. Community Development Director Blumenfeld, City Manager Burrell and City Attorney Jenkins responded to Council questions. Action: To initiate City Council review of the Planning Commission's action pertaining to item 8, the condominium project proposed for 635 and 705 Pacific Coast Highway and 709, 721 and 723 Sixth Street, and to receive and file the remaining items contained in the action minutes of the Planning Commission meeting of September 16, 1997. Motion Benz, second Bowler. The motion carried, noting the absence of Edgerton and Mayor Reviczky. Mayor Reviczky and Councilmember Edgerton returned to the dais at 8:15 P.M. 2. CONSENT ORDINANCES - None At 7:24 P.M. the order of the agenda was suspended to go to public hearing item 4. 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 the hour of 8:15 P.M., the order of the agenda continued with municipal matters, starting with item 5. PUBLIC HEARINGS 4. FUNDING CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. Memorandum from Police Chief Val Straser dated September 10, 1997. Police Captain Mike Lavin presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. The public hearing opened at 7:47 P.M. Coming forward to address the Council was: David Fink - 517 Loma Drive, referred to an article he read in the Los Angeles Times pertaining to the sale of reconditioned military weapons at quite a substantial savings. Public participation closed at 7:48 P.M. Action: To approve the staff recommendation to: 1.use State funding of $43,470 per year under the Citizen's Option for Public Safety (COPS) Program for local police and crime prevention programs that supplement existing front-line municipal police services which include anti-gang and community prevention programs; 2.approve expenditure request list from the Chief of Police in the amount of $46,211.87 and appropriate $14,801.00 ($31,936 was already appropriated in the 1997-98 budget); and, 3.retain the supplemental law enforcement service fund (SLESF) established through Finance last year. Motion Bowler, second Mayor Reviczky. The motion carried, noting the dissenting vote of Benz. At the hour of 7:50 P.M., the order of the agenda was returned to item 3. MUNICIPAL MATTERS 5. SKATEBOARD SUBCOMMITTEE REPORT (BENZ/OAKES). Memorandum from Community Resources Director Mary Rooney dated September 16, 1997. Supplemental petition in opposition to South Park location from Brian Mitchell. Councilmember Oakes said she now recommended placing the skateboard park at the Community Center site, which was the recently-voiced preference of the skateboarders she had been working with on this issue. Councilmember Benz noted his preference for South Park, as recommended in the report, next to the roller hockey rink. Community Resources Director Rooney responded to Council questions. Public participation opened at 8:28 P.M. Coming forward to address the Council on this item were: Don Little - Hermosa Beach, expressed concern about the liability of a skateboard park and the impact that would have on taxpayers; Brian Mitchell - 322 Culper Court, speaking on behalf of his condominium association, thanked the subcommittee for looking at alternate sites; said the issue was considered two years ago by the Parks and Recreation Commission, of which he was a member for four years; hoped to see the item move forward; Tim McGill - 446 Monterey Boulevard #2E, president of the 36-unit Golden Crest Condominium Association, thanked the Council for looking at alternate sites; said the roller hockey rink at South Park is a noisy but welcome addition to the community; cited significant skateboard damage on the South Park steps; Ken Conklin - 501 Fourth Street, commended Council for recognizing the need for a skateboard park in the city; thought the Community Center was a much better site for it based on noise issues; Roy Spears - Hermosa Beach, said he lived next to South Park and thanked Councilmember Oakes for suggesting an alternate site; No name given (young boy) - Hermosa Beach, spoke in favor of a skateboard park, noting the danger of skateboarding in the street, suggested having older children on one side of the park and younger ones on the other; Phyllis Barrett Rassmussen - 446 Monterey Boulevard, said her home overlooks South Park, which is a good toddler park, noting that there were too few places where children that size could go to play safely without being caged in; encouraged the Council to protect South Park for toddlers; Carolyn Barbre - 1233 Hermosa Avenue, asked why skateboarding was a City park issue and thought a skateboard park, like a water park or roller rink, was more appropriate as a commercial venture; suggested a business look into buying or leasing the currently-for-sale property at 125 Pacific Coast Highway for skateboarding and charging the users; opposed the loss of any parking spaces at the Community Center; and Henry Tosso - speaking on behalf of the majority of the 64 members of the Pacifica Villa Townhouse Association located at Valley Drive and Second Street, said the Association supported the City in its decision to build South Park, as it was a needed resource; said the owners tolerate the noise of the roller hockey rink, along with the noise of picnickers, barking dogs, and the shouting of children, but vigorously opposed the additional noise skateboarding at South Park would generate, and requested that Council review and consider the alternate site proposed by Councilmember Oakes. Public participation closed at 8:42 P.M. Action: To redirect staff to look at the Community Center as a whole, as recommended by Oakes, and determine the best location and size for a skateboard park and report back to the Council at the next meeting. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. City Manager Burrell noted as a point of information that the next regular meeting will take place Thursday, October 16, 1997, due to the League of California Cities Conference. The meeting recessed at 8:49 P.M. The meeting reconvened at 9:17 P.M. 6. PARKING STRUCTURE DESIGN STATUS. Memorandum from Public Works Department dated September 17, 1997. City Manager Burrell responded to Council questions and said the presentation would be made by the parking structure design team. Pauline Souza, Gordon H. Chong & Partners, architectural firm, addressed the requested review of adding a sidewalk on the north side of 13th Street. She referred to the original plan on display marked option A, showing the existing eight-foot (non-continuous) sidewalk with a 20-foot drive aisle lane and about two feet remaining for curb, with no sidewalk on the north side; and then presented option B, which proposed sidewalks on both sides of 13th Street--four feet wide on the north side and five feet on the south side. She said besides the additional cost for constructing a sidewalk on the north side, per their civil engineer, any change option B would cause to the crown or slope of the street, affecting the way the water moves, would add street construction costs to the project. She recommended option A which, again in the opinion of their civil engineer, would allow them to work with the existing crown of the street. Architect Sam Nunes responded to Council questions, offering to provide the data from their civil engineer pertaining to the crown of 13th Street and the two street/sidewalk options. He said at Council's request the consultants also investigated the feasibility of adding a stairway access at the middle of the structure and determined that it was not possible due to the grade differential from the street to the ground floor, noting that a stairway would also reduce the parking. Ms. Souza then presented various materials as well as alternative colored tiles for use in the pedestrian areas, as requested by Council. The Councilmembers stepped down from the dais to review the color tile samples and other items on display. Public participation opened at 9:51 P.M. Coming forward to address the Council on this item was: Carolyn Barbre - Hermosa Beach, said she had a studio downtown overlooking the City's parking lot; spoke of crime and expressed concerns about the late night safety of the parking structure as proposed with two access points. Public participation closed at 9:54 P.M. Action: To direct the architects to return with: 1.a sample of the glazing proposed for the elevator shaft; and 2.calculations from the firm's civil engineer pertaining to the street/sidewalk work being considered for 13th Street, noting that Council would decide between options A and B at a later date. Motion Oakes, second Mayor Reviczky. The motion carried by a unanimous vote. Proposed Action: To study the feasibility of adding a stairway to the middle of the south side of the parking structure, cantilevered out from the building and leading from the upper levels of the structure down to what would be the four-foot sidewalk if the Council chooses option B, with the understanding that there would be a loss of one parking space from each of the top two levels. Motion Oakes, second Edgerton. The motion failed due to the dissenting votes of Benz, Bowler and Mayor Reviczky. 7. ENCROACHMENT STANDARDS FOR LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated September 18, 1997. Supplemental letter from Jim and Linda Watts, 2126 The Strand, in opposition to allowing retail sales on the downtown plaza, received September 23, 1997. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions. Action: To direct staff to resume the enforcement of restaurants without encroachment permits. Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Edgerton. Further Action: To direct staff to look at the issue of allowing retail encroachments, consult with the merchants regarding their space needs, research the regulations of Redondo Beach and other cities with similar situations, and return to Council with recommendations, allowing the issuance of a temporary permit for retail use until the issue is resolved. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 8. ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF $400,000 PRINCIPLE AMOUNT OF LOWER PIER AVENUE ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 1997. Memorandum from Finance Director Viki Copeland dated September 11, 1997. Finance Director Copeland presented the staff report and responded to Council questions. Kevin Northcross, Project Finance Associates, said because it was not possible to levy the assessment during Fiscal Year 1997-98, but there would be two years of debt service in Fiscal Year 1998-99. He suggested letting the public know that the property owners would not be assessed during the first year but would then be doubled up the second year. Action: To approve the staff recommendation to: 1.Adopt Resolution No. 97-5882, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH PROVIDING FOR THE ISSUANCE OF $400,000 PRINCIPAL AMOUNT OF LOWER PIER AVENUE ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 1997."; 2.Appropriate the $400,000 in bond proceeds for costs of improvements in the assessment district; and, 3.Approve a fee of $6,000 for the services of Project Finance Associates as financial advisor. Motion Bowler, second Edgerton. AYES: Benz, Bowler, Edgerton, Oakes, Mayor ReviczkyNOES: None 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS' POSITION PAPER. Memorandum from City Manager Stephen Burrell dated September 16, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct the Mayor to communicate, on or before October 23, 1997, to the SBCCOG Board, the City Council's support for participating in the SBCCOG subregion. Motion Bowler, second Oakes. The motion carried by a unanimous vote. b. COASTAL COMMISSION WORKSHOP CONCERNING BEACH ACTIVITIES: OCTOBER 6-10, 1997. Memorandum from City Manager Stephen Burrell dated September 10, 1997. City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Rooney also responded to Council questions. Action: To approve the Council policy statement for temporary beach events, to be presented at the Coastal Commission workshop, with the following amendment: add the City's concern that the Coastal Commission's contention that these events may result in overuse of the beach is in direct conflict with the Commission's recent action to prohibit paid admission for the Association of Volleyball Professionals event since, had 100-percent paid seating been permitted, the AVP event impacts would have lessened significantly with reduced spectator crowds, more orderly parking and reduced traffic impacts. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 11. OTHER MATTERS - CITY COUNCIL a. Request from Mayor Reviczky to direct staff to report back with a plan to add sound reduction features to the Roller Hockey Rink at South Park. Mayor Reviczky spoke to his request. Action: To direct staff to return to Council with a report pertaining to: 1) the addition of sound reduction features at the South Park roller hockey rink; and 2) the need to raise the fence height due to escaping hockey pucks. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote. b. Request from Mayor Pro Tem Edgerton to direct staff to return with a program for a sunset concert series on the sand to be implemented in the spring of 1998. Councilmember Edgerton spoke to his request. City Manager Burrell and Community Resources Director Rooney responded to Council questions. Action: To direct staff to return with a municipal matter item pertaining to a program for a sunset concert series on the sand to be implemented in the Spring of 1998. Motion Edgerton, second Benz. The motion carried by a unanimous vote. c. Request from Councilmember Benz to direct staff to develop a donation policy for the City that prohibits naming facilities for living persons. Councilmember Benz spoke to his request. Action: To direct staff to return with an agenda item to re-evaluate the City's current donation policy. Motion Benz, second Edgerton. The motion was subsequently withdrawn and no action was taken. d. Request from Councilmember Benz to direct staff to develop a plan for placing benches along the Strand. Councilmember Benz spoke to his request. Action: To direct staff to develop a plan for placing benches on the walk streets at the Strand, with Council to consider benches in the wall when looking at paving issue. Motion Benz, second Oakes. The motion carried by a unanimous vote, noting the dissenting vote of CITIZEN COMMENTS - None ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: 1.Hermosa Beach Police Officers Association 2.Hermosa Beach Firefighters' Association 3.Teamsters Union, Local 911 4.Professional and Administrative Employee Group 5.Hermosa Beach Management Association ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 23, 1997, at the hour of 11:14 P.M. to a Closed Session. CLOSED SESSION - The Closed Session convened at the hour of 11:15 P.M. At the hour of 11:50 A.M. the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 23, 1997 at the hour of 11:51 P.M. to the Regular Meeting of Tuesday, October 14, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 14, 1997, at the hour of 7:10 P.M. ROLL CALL: Present: None Absent: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky ADJOURNMENT - Due to the lack of a quorum, the Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, October 14, 1997, at the hour of 7:11 P.M., to an Adjourned Regular Meeting on Thursday, October 16, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, October 16, 1997, at the hour of 7:23 P.M. PLEDGE OF ALLEGIANCE - Betty Ryan, resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky asked that Council, staff and anyone addressing the Council speak up clearly into the microphone as the noise of the fans made it difficult to hear. Mayor Reviczky also reviewed the Hermosa Beach Council's victory in the "Dragon Boat" challenge race against the Redondo Beach Council saying that Hermosa Beach had come in second over all with a time of 2:18, eight seconds off of the record. Councilmember Edgerton remarked on political candidate claims of increases in City crime statistics and asked Police Chief Val Straser to speak to the issue. Chief Straser said that crime statistics had to be viewed over a longer time span than a few weeks or months. Straser said that a six-year analysis, from 1991, had shown a decrease in all crime statistics including: a 21% decrease in robberies, a 30% decrease in assaults, a 51% decrease in juvenile arrests, and, a 42% decrease in drunk driving arrests. PRESENTATIONS: CERTIFICATE OF RECOGNITION PRESENTEDTO KIRSTIN ERICSON Mayor Reviczky read the certificate of recognition for Kirstin Ericson, resident of the City of Hermosa Beach for all of her fourteen years, who along with her partner Jamie Grass of Manhattan Beach, won the California Beach Volleyball Association Tournament, the AVP/Speedo US Junior Tournament, and qualified for the AVP/Speedo US Junior National Tournament in Orlando, Florida. Ms. Ericson thanked the City. PROCLAMATIONS: 5th ANNUAL AMERICAN HEART WALK DAYOCTOBER 25, 1997 Mayor Reviczky read the proclamation and said that Councilmembers Edgerton and Oakes would deliver it at the walk that was scheduled to start at Little Company of Mary Hospital at 10:00 A.M., on Saturday, October 25, 1997. DENTAL HYGIENE MONTHOCTOBER, 1997 Mayor Reviczky read the proclamation and presented it to Mary Saxe, Dental Hygienist. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Jean Lombardo - with other members of the Woman's Club, spoke to advise the Council and the viewing public of the annual "Pancake Breakfast" to be held this Sunday, October 19, 1997, from 8:00 A.M. to noon at the Clark Building, 861 Valley Drive, $5.00 for adults, $3 for children; and suggested that people stay for the Classic Car Show at Clark Field; Shirley Cassell - Hermosa Beach, said that the Council meeting had started late; recalled that eight months ago the Council had promised her that there would be improvements to the Council Chamber and nothing had happened; said that changes in the hours to increase the time for resident parking had been promised over a year and a half prior and nothing had happened; and said that political signs on her property had been torn down and she wanted people to know that this was against the law; Jim Lissner - Hermosa Beach, spoke in rebuttal to Chief Straser's remarks saying that crime was up for the first eight months of this year as compared to last year and attributed the increase to the increase of restaurants selling alcohol in the downtown area; David Bates - 501 Herondo Street, spoke regarding the contract with Macpherson Oil saying that the Council could challenge the oil lease and urged the Council to do this for the residents; quoted a Councilmember as saying the initiative banning oil drilling was a "whim of the people"; and, Joseph DiMonda - Manhattan Beach, said that the Council should join the citizens in fighting the oil contract. City Manager Stephen Burrell responded to comments made by Shirley Cassell by saying that an item would be brought back on the agenda of the next Council meeting to approve the parking changes and that the plans for City Hall remodel were in plan check and would be back shortly. (b) COUNCIL COMMENTS: Councilmember Oakes said that she had been misquoted in the newspaper and what she had actually said was: "the will of the people." Councilmember Edgerton spoke in rebuttal to comments made by Mr. Bates and Mr. DiMonda regarding the contract with Macpherson Oil. Councilmember Bowler spoke in rebuttal to comments regarding the oil contract by saying that the Council served the citizens of the community by following the advise of the City Attorney to keep the City out of litigation. (c) WRITTEN COMMUNICATION: 1) Letter from David R. Bull dated September 18, 1997, requesting that the City Council consider returning the section of Valley Drive between Second Street and Herondo back to two-way traffic. Coming forward to address the Council on this item were: David Bull - 226 Fourth Street, spoke to his letter, said that re-opening Valley Drive to two-way traffic would decrease the traffic on Monterey which was a residential area; Shirley Cassell - Hermosa Beach, said that two-way traffic in that area of Valley Drive would be miserable; suggested that the city make the last block of Monterey Blvd. (before Herondo) one-way as well in order to force traffic onto Hermosa Avenue rather than allowing it into the more residential areas of the City; and, John Hales - 624 Eighth Place, asked that the City find a study done in the early 1970s, that had reviewed this problem and had made the recommendation to close Valley Drive to northbound through traffic. Action: To direct staff to research this issue and report back to Council. Motion Bowler, second Benz. The motion carried by a unanimous vote. 2) Letter from Rosamond Fogg dated September 28, 1997 regarding the Macpherson Oil Company project. Action: To receive and file the letter. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Benz, (e) Mayor Reviczky, and (g) Edgerton. Motion Edgerton, second Benz. The motion carried by a unanimous vote. Councilmember Edgerton said that he had overlooked one item that he wished to remove from the consent calendar. Further Action: To reconsider the approval of the consent calendar. Motion Bowler, second Oakes. The motion carried by a unanimous vote. Final 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: (b) Benz, (e) Mayor Reviczky, (g) Edgerton and with the addition of (h) Edgerton. Motion Edgerton, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on September 23, 1997. Action: To approve the minutes of the Regular Meeting of September 23, 1997 as presented. Councilmember Oakes left the meeting at 8:07 P.M. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11579 THROUGH 11769, NOTING VOIDED CHECK NOS. 11610, 11659, 11689 AND 11691, AND TO APPROVE CANCELLATION OF CHECK NOS. 01128, 11634, 11682 AND 09632 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting due to questions regarding the charges for telephone maintenance. City Manager Burrell responded that the City had many telephone lines and that the maintenance costs also included the City's 911 lines. Action: To ratify the check register as presented. Motion Benz, second Edgerton. 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. (d) RECOMMENDATION TO RECEIVE AND FILE THE AUGUST, 1997 FINANCIAL REPORTS: 1.Revenue and expenditure report; 2.City Treasurer's report; and, 3.Investment report. Action: To receive and file the August, 1997 Financial Reports as presented. (e) RECOMMENDATION TO ACCEPT DONATION FROM RALPH'S GROCERY COMPANY AND APPROPRIATE TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated September 24, 1997. This item was removed from the consent calendar by Councilmember Mayor Reviczky for separate discussion later in the meeting in order to acknowledge the donation of Ralph's Grocery Company and to thank the company for its donation. Action: To approve the staff recommendation to accept the donation of $200 from Ralph's Grocery Company and appropriate to the Community Resources Department for the maintenance of the volleyball courts. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Oakes. (f) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON SEPTEMBER 17, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting held on September 17, 1997. Councilmember Oakes returned at 8:13 P.M. (g) RECOMMENDATION TO APPROVE THE REQUEST FROM THE HERMOSA BEACH YOUTH BASKETBALL LEAGUE TO SHARE IN THE COST OF A NEW SCOREBOARD FOR THE COMMUNITY CENTER GYMNASIUM IN AN AMOUNT UP TO $1,500 AND AUTHORIZE THE EXPENDITURE OF UP TO $1,500 FROM THE PARK AND BEACH IMPROVEMENT PROJECT FUND #95-506. Memorandum from Community Resources Director Mary Rooney dated September 30, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting to question if the City should pay the entire cost of the new scoreboard. Community Resources Director Rooney responded to Council questions. Proposed Action: To pay for the new scoreboard entirely from the City budget. Motion Edgerton. The motion died due to the lack of a second. Action: To approve the staff recommendation to: 1.approve the request from the Hermosa Beach Youth Basketball League to share, on an equal basis, in the cost of a new scoreboard for the Community Center Gymnasium in an amount up to $1,500; and 2.authorize the expenditure of up to $1,500 from the Park and Beach Improvement Project Fund #95-506. Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE THE REQUEST FROM THE UNITED STATES SURFING FEDERATION, A NON-PROFIT ORGANIZATION, TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH NORTH OF THE HERMOSA PIER, SUNDAY, NOVEMBER 23, 1997, FROM 7AM TO 4PM; WAIVE THE PER PARTICIPANT/SPECTATOR FEES; APPROVE THE EVENT CONTRACT; AND, AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. Memorandum from Community Resources Director Mary Rooney dated September 30, 1997. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to request that a band also be made available for the event. Community Resources Director Rooney responded to Council questions. Coming forward to address the Council on this item was: George Pringle - event organizer, said that they would love to have a surf band at the event and would have asked that the event have music but that they did not want to complicate the request. Proposed Action: To approve that Councilmember Edgerton work with Community Resources Director Rooney to include the music of a surf band with the event. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. Action: To approve the staff recommendation to: 1.approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach north of the Hermosa Pier, Sunday, November 23, 1997 from 7 AM - 4 PM; 2.waive the per participant/spectator fees; 3.approve the event contract that includes the requirements listed as: provide the City with a Certificate of Insurance in the amount of $1 million. indemnify the City; provide the City with copies of signed waiver forms from all event participants; obtain a City amplification permit; USSF to clean all areas occupied or affected by the event; shall pay for any direct City staff costs associated with monitoring the event; USSF to obtain written approval for the event from LA County Lifeguards; abide by all of the City rules and regulations for special events; and authorize the Mayor to sign the attached contract. And, with the understanding that if the event organizers wished to include a surf band with the event, provided that it was at no cost to the City, the request would probably receive a favorable reception from the Council when it came before them. Motion Mayor Reviczky, second Oakes. The motion carried by a unanimous vote. (i) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated October 2, 1997. Action: To approve the staff recommendation to deny the following claims and refer them to the City's Liability Claims Administrator : 1) Claimant: Frans R. Weigman Date of Loss: 05/25/97 Date Filed : 09/17/9t Allegation : Claimant alleges that placement of portable sign in the public right-of-way caused him to trip and fall resulting in injury. 2) Claimant: Robert Olsen Date of Loss: 04/05/97 Date Filed : 10/01/9t Allegation : Claimant alleges false arrest. (j) RECOMMENDATION TO APPROVE AGREEMENT FOR RESCUE SERVICE FOR MARINE AND TERRESTRIAL WILDLIFE AT A COST OF ONE DOLLAR ANNUALLY AND DIRECT STAFF TO EXECUTE AGREEMENT ON BEHALF OF THE CITY. Memorandum from Police Chief Val Straser dated October 2, 1997. Action: To approve the staff recommendation to 1.approve the agreement with Wildlife Emergency Response (WER) for rescue and transportation service for marine and terrestrial wildlife at a cost of one dollar ($1.00) per year; and, 2.direct staff to execute the agreement on behalf of the City. (k) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE GENERAL/SUPERVISORY BARGAINING UNIT AND THE PROFESSIONAL AND ADMINISTRATIVE EMPLOYEE GROUP. Memorandum from City Manager Stephen Burrell dated October 9, 1997. Action: To approve the staff recommendation to: 1) adopt Resolution No. 97-5883, 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 AND SUPERVISORY EMPLOYEES' BARGAINING UNIT."; 2) adopt Resolution No. 97-5884, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE PROFESSIONAL AND ADMINIST-RATIVE EMPLOYEES GROUP."; and, 3) with the negotiated major changes as: a) Term: July 1, 1997, through June 30, 2000; b) Salary: 3.5% increase retroactive to July 1, 1997; 3.5% increase effective July 1, 1998; 3.5% increase effective July 1, 1999; c) fiscal impact of $128,000 for FY 97/98, noting that funding for this was budgeted. 2. CONSENT ORDINANCES: None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(b), (e), (g), 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: None MUNICIPAL MATTERS: 4. SKATEBOARD TRACK: COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 29, 1997. Supplemental memorandum from Community Resources. Community Resources Director Rooney presented the staff report and responded to Council questions, noting that the supplemental memorandum showed that re-striping the parking lot would provide additional parking that in turn would make alternative three the more favorable site for the skateboard track. Public participation opened at 8:33 P.M. Coming forward to address the Council on this item were: Robert Aronoff - 124 The Strand, member of the skateboard park sub-committee, said that the Parks, Recreation and Community Resources Advisory Commission had been looking at this issue for over a year as there was a big demand for this type of recreational facility in the City; said that alternative no. three could produce visual blight if sound deadening walls were created; and said that the best site may not be among those offered tonight; Roy Parker - 627 24th Place, said that none of the locations indicated by staff were very good as they were all too small for the anticipated use and could be a safety hazard if they were crowded; said that Huntington Beach had tried a skateboard park of approximately 5,000 square feet that was seldom used and then built a second track of 10,000 square feet that was highly used; Josh Kurney - 1140 Sixth Street, suggested that the City remove the tennis courts and provide a larger skateboard track; Jason Ezant - 1720 Nelson, Redondo Beach, agreed with the last speaker; said that a larger park was needed as a safety measure. Public participation closed at 8:45 P.M. Proposed Action: To approve the staff recommendation to: 1.select site three on the Parking Lot just south of Tennis Courts five and six, east of Ardmore; and, 2.direct staff to return with cost estimates and a feasibility plan for the selected site. Motion Mayor Reviczky, second Bowler. The motion was withdrawn by the maker and the second. Proposed Action: To use existing tennis courts five and six for the skateboard track and look at the feasibility of replacing the tennis courts elsewhere at the Community Center. Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. After considerable discussion, the meeting recessed at the hour of 9:22 P.M. The meeting reconvened at the hour of 9:52 P.M. Action: To direct staff to return with cost estimates and a design that would use tennis court five (the easterly of the northern courts) as a skateboard track of approximately 8,000 square feet; replace tennis court five in the area next to the southerly portion of the existing courts; and replace the parking through re-striping and the development of the vacant lot. Motion Oakes, second Bowler. The motion carried by a unanimous vote. 5. PEDICAB BICYCLE CARRIAGE PROPOSAL. Memorandum from Police Chief Val Straser dated October 1, 1997. Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions saying that the contract would allow the City to reserve the right to change the route of the cabs for flexibility at the discretion of the Police Chief. Public participation opened at 10:02 P.M. Coming forward to address the council on this item was: Laura Roberts - pedicab operator, said that her company wished to try two cabs for one year on a trial basis; said that it would take two to three weeks for the cabs to be built and delivered; said that the cabs would operate seven days a week from 6:00 P.M. until midnight and would confine the route to the Strand, the Plaza and the Pier, with slight diversions to Hermosa Avenue such as "The Comedy and Magic Club"; responded to Council questions. Public participation closed at 10:07 P.M. Action: To approve the staff recommendation to: 1.allow the use of a pedicab bicycle carriage service for a one-year trial period; 2.restrict pedicab service to the downtown commercial zone and the Strand walkway; and, 3.monitor the pedicab service through the Traffic Enforcement Bureau of the Police Department. And, noting the contract flexibility referred to by the City Manager. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 6. ADMINISTRATION OF CITY MUNICIPAL STORMWATER AND URBAN RUNOFF DISCHARGE PROGRAMS. Memorandum from Public Works Department dated October 6, 1997. City Manager Burrell presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions. Public participation opened at 10:15 P.M. Coming forward to address the council on this item were: John Hunter - President of John L. Hunter and Associates, gave the background of his company and of the Stormwater and Urban Runoff Discharge Programs; said that he represented 20 cities including Torrance and Redondo Beach; said that his attendance at meetings resulted in the cost being divided between the 20 cities and resulted in only a few minutes charged to Hermosa Beach; said that his was the only company that did all of the activities listed in his report, including on-site inspections; and, responded to Council questions; and, Sheila Kennedy - engineer with the company, spoke of the company's role at the meetings as that of attempting to minimize the requests made of the cities by the board; responded to Council questions. Public participation closed at 10:40 P.M. Proposed Action: To approve the staff recommendation to: 1.continue to retain John L. Hunter and Associates, Inc. to perform and administer the City's Municipal Storm Water and Urban Runoff Discharge Programs; and, 2.authorize expenditures of $30,240 from appropriated $75,000 Sewer Funds for NPDES program. Motion Bowler, second Mayor Reviczky. The motion failed due to the dissenting votes of Benz, Edgerton and Oakes Action: To direct staff to work with the consultants to develop a grid that would show the actual required activities and a breakdown of the amount of hours spent on each activity and to return with this information on a future agenda. Motion Edgerton, second Oakes. The motion carried, noting the dissenting vote of Mayor Reviczky. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. REPORT OF RESULTS OF LAWSUIT BETWEEN KEEP HERMOSA BEAUTIFUL AND CITY OF HERMOSA BEACH. Oral report by City Attorney Michael Jenkins. City Manager Burrell presented the report, saying that the lawsuit had cost the City $20,000, and responded to Council questions. There was no action taken. b. INITIATIVE PROHIBITING THE USE OF PRIVATE DESIGN PROFESSIONALS ON STATE PROJECTS OR PROJECTS INCLUDING STATE FUNDS. Memorandum from City Manager Stephen Burrell dated September 25, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 97-5885, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH OPPOSING THE 'GOVERNMENT COST SAVINGS AND TAXPAYERS PROTECTION AMENDMENT'." Motion Edgerton, second Oakes. The motion carried by a unanimous vote. City Manager Burrell also reported that he had met with Los Angeles County Department of Beaches and Harbors as part of the City's "El Nino" response and that the County will provide additional sand berms, at no cost to the City, starting between Tenth Street and the Pier, then south to Herondo, and finally for the northern section of the beach. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None 9. OTHER MATTERS - CITY COUNCIL: None CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, spoke regarding item 2 on written communication, said that he was in favor of keeping the oil contract; and said that the pedicab company should not be allowed to use the sidewalk, only the streets. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(b) a. THREATENED LITIGATION BY UNISPEC CONSTRUCTION CONCERNING LOWER PIER AVENUE PROJECT. 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Hermosa Beach Management Association ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 16, 1997, at the hour of 11:25 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:31 P.M. At the hour of 11:59 P.M. the Closed Session adjourned to the Adjourned Regular Meeting . ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, October 16, 1997, at the hour of 11:59 P.M. to the Regular Meeting of Tuesday, October 28, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 28, 1997, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Shirley Cassell, Hermosa Beach resident ROLL CALL: Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky Absent: None MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky said he and a group of others just returned from a trip to Loreto, Mexico, to celebrate the 300th anniversary of Hermosa's sister city. He said it was a wonderful visit attended by about 90 Hermosa Beach residents, noting that he and Councilmember Benz attended at their own expense, not City expense. He said it was a week-long festival of celebration of Loreto's birthday, which included a lot of activities and entertainment. Councilmember Edgerton said he attended the first training class for the City's new citizens emergency response team which took place Monday evening, October 27, 1997 at the Fire Department. He said the program is intended to assist firefighters in the event of a disaster and the training class was very interesting with a great turnout of about 30 people, noting that classes will continue for about two months. Councilmember Bowler announced the success of the Woman's Club annual pancake breakfast which took place Saturday, October 18, 1997, at Clark Building, and the Concours d'Elegance--the classic car show which took place the same day at Clark Field, commending both as wonderful community events which were well attended, and noting that the proceeds from both events were donated to Project Touch. PRESENTATIONS: CERTIFICATES OF RECOGNITION TORICHARD & THELMA GREENWALDHERMOSA BEACH CHAMBER OF COMMERCE'S1997 MAN & WOMAN OF THE YEAR Mayor Reviczky congratulated Richard and Thelma Greenwald for being named the 1997 Man and Woman of the Year by the Hermosa Beach Chamber of Commerce. He first read and then presented the individual certificates of recognition to Thelma and Richard Greenwald, citing their instrumental involvement with the formation of the City's Historical Society and their involvement and support of the Sister City Association, the Chamber of Commerce and the Community Center Foundation He noted Thelma's involvement and support of the Hermosa Beach Women's Club and her continued activities in community volunteerism as the ambassador for the Chamber of Commerce, welcoming visitors into her home from Loreto, Mexico, Hermosa's sister city, and working in the information booth at the Fiesta de las Artes. He noted Richard's membership as a Rotarian with a 16-year perfect attendance record, and said he designed and paid for the "Welcome to Hermosa" sign near the entrance to the City at Hermosa Avenue and Second Street and had underwritten the maintenance cost of other such signs in town. He said they both have been a powerful influence for good in the growth and progress of the community. Thelma Greenwald thanked the City Council for the certificate, and said they had done a wonderful job with the new plaza and with the Police Department in keeping crime down in the City. She said this was an honor for both of them. Richard Greenwald thanked the Council and said he concurred with his wife's comments. PRESENTATION OF AWARD OF RECOGNITION TO JEAN LOMBARDOFROM THE HERMOSA BEACH SISTER CITY ASSOCIATION Mayor Reviczky read the certificate of recognition commending Jean Lombardo for the excellent job she did as the chairperson of this year's Hermosa Beach 90th birthday and Loreto tricentennial celebration, noting the countless hours she spent coordinating volunteer efforts and raising financial support for the event. He then presented the certificate to Ms. Lombardo with sincere thanks for her dedicated service to the community. Richard McCurdy, Sister City Association president, said the City's 90th birthday/Loreto tricentennial celebration, which took place July 26, 1997 at the Community Center, was a great event. He commended Ms. Lombardo for her energy, creativity and ability to pull everyone together and motivate them to work hard. He said children on the beach, along with both the American and Mexican flags, was symbolic of the event and the Sister City, and that the Association tried to re-create that in glass, which he then presented to Ms. Lombardo. Jean Lombardo expressed her surprise and gratitude for the award presented this evening and wanted to thank everyone who helped with the birthday party event. PROCLAMATIONS: RED RIBBON WEEKOCTOBER 23-31, 1997 Mayor Reviczky read the proclamation which proclaimed October 23 through October 31, 1997 as Red Ribbon Week in Hermosa Beach, and encouraged all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, making a visible statement and commitment to healthy drug free communities in which to raise generations of drug free youth. Police Chief Val Straser accepted the proclamation. LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAYNOVEMBER 5, 1997 Mayor Reviczky read the proclamation urging citizens to be aware of the valuable role that records and support personnel play in the State's overall law enforcement system, and proclaimed November 5, 1997 as Law Enforcement Records and Support Personnel Day in Hermosa Beach. Police Chief Straser accepted the proclamation and introduced employees Tatita Gainer and Pam Yager of his department's Records Division. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, said at the last meeting the Police Chief reported on crime statistics for 1996 and referred to a recent Beach Reporter article citing 1997 crime statistics; requested that items 1(a) and 1(b) be pulled from the consent calendar for discussion; Missy Sheldon - Hermosa Beach, congratulated Mayor Reviczky and Councilmembers Bowler and Oakes for the accomplishments made during the four years they have been in office; Jim Lissner - Hermosa Beach, disputed the crime statistics reported by the police department, saying crime is up not down; said paramedic calls have also increased; Eleanor Lynn - Hermosa Beach, thanked the City Council for the improvements made over the past four years; cited crime reduction and increased fire protection; and Patrick Tanaka - 29 Fifth Street, suggested that advertisements placed door-to-door and car-to-car be regulated to permit only one flyer per address and to require that the flyers be secured to prevent the wind from blowing them around and littering the neighborhoods. (b) COUNCIL COMMENTS: Councilmember Edgerton said a few months worth of crime statistics was not a representative sample due to aberrations which may occur from time to time. He then reviewed the six-year averages for the City, noting that the 1997 crime report was not yet available because the annual crime reports were prepared at the end of each calendar year. Councilmember Bowler said he thought the concern expressed about door hangers should be brought back at a future agenda for Council review. Action: To direct staff to come back with a report on Code requirements pertaining to door-to-door and car-to-car advertising, and ways to alleviate or better control the problems associated with that method of advertising. Motion Mayor Reviczky, second Benz. The motion carried by a unanimous vote. (c) WRITTEN COMMUNICATION: 1) Letter from Jaquelynn Pope dated October 21, 1997 regarding Council's consideration of constructing a Skateboard Park. Coming forward to address the Council on this item were: Mark Warshaw - 2164 Circle Drive, spoke on behalf of his wife, Jaquelynn Pope, who was unable to attend the meeting; asked that Council direct staff to address the safety and compatibility issues addressed in the letter; said a petition was currently circulating; questioned the disruption of a successful facility by the proposed removal of an existing tennis court and its relocation elsewhere; and Jean Carr - 909 Owosso Avenue, said she was not against a skateboard park; said Hermosa was a small town and wondered if it was big enough for such a facility; said the tennis courts had been there for a long time and they provide recreation for people of all ages. At the request of Mayor Reviczky, City Manager Burrell said staff would respond to the letter. Action: To receive and file the letter. Motion Benz, second Bowler. The motion carried by a unanimous vote. 2) Letters from Roger Bacon and Starbucks Coffee Company regarding the reconditioning of the Vetter Windmill in Greenwood Park. Supplemental letters received October 28, 1997, from Peyton Cramer Automotive Group, Manhattan Ford, and Learned Lumber, all with offers of donations toward the restoration of the Vetter windmill. Coming forward to address the Council on this item was: Roger Bacon - property owner, discussed a proposed banner program for funding the restoration of the windmill through public and corporate participation; said a committee comprised of John Hales, Rick Learned and Howard Doerfling would be formed to oversee and implement the restoration; asked Council to approve the proposal to form a committee and collect money to fund the windmill restoration. Action: To approve the proposed banner program and the creation of an organization to raise private money to restore the Vetter windmill. Motion Bowler, second Edgerton. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (n), with an expression of appreciation for the donations in item (g), and with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Bowler (for Shirley Cassell), (b) Bowler for Shirley Cassell, and (i) Mayor Reviczky. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on October 14, 1997; and,2) Minutes of the Adjourned Regular Meeting held on October 16, 1997. This item was removed from the consent calendar by Councilmember Bowler (at the request of Shirley Cassell) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, objected to City Manager Burrell's statement made in response to her comments pertaining to the residential parking program (page 9541 of the October 16, 1997 minutes, under Oral Communications); said the changes had already been approved by the City Council. City Manager Burrell said the item was on tonight's agenda. Action: To approve the minutes of the Regular Meeting of October 14, 1997, and the Adjourned Regular Meeting of October 16, 1997, as presented. Motion Bowler, second Benz. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11770 THROUGH 11920, NOTING VOIDED CHECK NO. 11870, AND TO APPROVE CANCELLATION OF CHECK NO. 11917 AS RECOMMENDED BY THE CITY TREASURER. This item was removed from the consent calendar by Councilmember Bowler (at the request of Shirley Cassell) for separate discussion later in the meeting. Coming forward to address the Council on this item was: Shirley Cassell - Hermosa Beach, objected to the expenditures for four Council members plus the City Manager to attend the League of California Cities conference in San Francisco; thought only one Council member should have gone. Mayor Reviczky explained that the seminars are educational. Action: To ratify the check register as presented. Motion Bowler, second Benz. The motion carried by a unanimous vote. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE SEPTEMBER, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report. Action: To receive and file the September, 1997, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE ICRMA GOVERNING BOARD. Memorandum from Finance Director Viki Copeland dated September 11, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5886, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND AMENDING THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) JOINT EXERCISE OF POWERS AGREEMENT TO AUTHORIZE A MEMBER CITY TO APPOINT A SUBSTITUTE ALTERNATE REPRESENTATIVE TO THE GOVERNING BOARD." (f) RECOMMENDATION TO ADOPT RESOLUTION ADDING NEW PERSONNEL DIRECTOR AND FIRE CHIEF TO THE LIST OF AUTHORIZED PERSONNEL ELIGIBLE TO UTILIZE THE CITY'S VISA CARD. Memorandum from Finance Director Viki Copeland dated October 16, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5887, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MENDING RESOLUTION NO. 88-5109 RELATING TO AUTHORIZED USERS OF VISA CARD SERVICES FROM SOUTH BAY CREDIT UNION." (g) RECOMMENDATION TO ACCEPT DONATIONS AND APPROPRIATE THEM TO THE PUBLIC WORKS ADMINISTRATION/PARKS AND COMMUNITY RESOURCES DEPARTMENTS. Memorandum from Finance Director Viki Copeland dated October 16, 1997. Action: To approve the staff recommendation to appropriate the following donations to the Public Works Administration/Parks and Community Resources Departments: 1.Mr. and Mrs. Richard Orford - $3,200.00, for park benches; and, 2.Hermosa Beach Rotary - $50.00, for the Halloween Howl activity. (h) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 15, 1997. Supplemental Corrected Action Minutes from the Parks, Recreation and Community Resources Advisory Commission Meeting of October 15, 1997, from the Community Resources Department, received October 28, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 15, 1997. (i) RECOMMENDATION TO RECEIVE AND FILE REPORT ON NOISE ATTENUATION AND FENCING AT SOUTH PARK ROLLER HOCKEY RINK. Memorandum from Community Resources Director Mary Rooney dated October 14, 1997. This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To receive and file the report. Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote. (j) RECOMMENDATION TO APPROVE A THREE (3) YEAR LEASE RENEWAL BETWEEN THE CITY AND THE LOS ANGELES COUNTY OFFICE OF EDUCATION FOR THE USE OF ROOM 17 IN THE COMMUNITY CENTER AND AUTHORIZE MAYOR TO SIGN THE LEASE. Memorandum from Community Resources Director Mary Rooney dated October 21, 1997. Supplemental information from Community Resources received October 28, 1997. 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, 1997, through November 30, 2000, for a total rental income of $30,816 for the three-year period; and, 2) authorize the Mayor to sign the lease. (k) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 21, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of October 21, 1997. (l) RECOMMENDATION TO APPROVE REQUEST FROM THE VOLUNTEERS AND ORGANIZATIONS IMPROVING THE COMMUNITY'S ENVIRONMENT (V.O.I.C.E.) TO HOLD A "GREEN HOLIDAY GIFT FAIR" ON SUNDAY, DECEMBER 7, 1997 ON THE COMMUNITY CENTER LAWN; WAIVE PARTICIPANT/SPECTATOR FEES; AND, AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated October 21, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1. approve the request from the Volunteers and Organizations Improving the Community's Environment (V.O.I.C.E.) to hold a "Green Holiday Gift Fair" on Sunday, December 7, 1997, on the Community Center lawn, subject to the conditions that V.O.I.C.E. will: provide the City with $2 million of liability insurance naming the City, its Officers, Agents and Employees as additional insured; indemnify the City; be responsible to clean the event area and to remove trash and debris as necessary to restore the Community Center lawn to its original condition; provide trash receptacles and recycling bins as necessary to accommodate the event; pay for direct City costs; pay permit processing fee of $300; be responsible to obtain all necessary County and State health permits as required; be required to obtain an amplification permit from the City; be solely responsible for the event management; and, abide by any additional policies or appropriate fees as established by the City; 2. waive participant/spectator fees; and, 3. authorize the Mayor to sign the contract. (m) RECOMMENDATION TO APPROVE CITY COUNCIL MEETING SCHEDULE FOR 1998. Memorandum from City Manager Stephen Burrell dated October 23, 1997. Action: To approve the staff recommendation to approve the schedule of Council Meetings for calendar year 1998 for the second and fourth Tuesday of each month with the exception of one meeting on the second Tuesday for the months of August and December. (n) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE CUSTOMER SERVICE SURVEY PROGRAM. Memorandum from City Manager Stephen Burrell dated September 15, 1997. Action: To approve the staff recommendation to receive and file the report on the Customer Service survey program that showed an overall positive response from the respondents. 2. CONSENT ORDINANCES - None At 8:15 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(a), (b), 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. The order of the agenda moved on to item 5 at 9:00 P.M. PUBLIC HEARINGS: 4. GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2, AND REVIEW AND RECONSIDERATION BY THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE SAID RECOMMENDED ZONE CHANGE AND GENERAL PLAN AMENDMENT, AND A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, VESTING TENTATIVE TRACT MAP #52251 AND LOT LINE ADJUSTMENT, ON THE REAR PORTION OF TWO COMMERCIAL PARCELS FRONTING ON PACIFIC COAST HIGHWAY (635 AND 705 P.C.H.) AND INCLUDING THREE LOTS ON 6TH STREET, FOR A 20 UNIT CONDOMINIUM PROJECT TAKING ACCESS FROM 6TH STREET AND 7TH STREET, AND PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE P.C.H. FRONTAGE OF THE EXISTING LUMBER YARD, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 635 & 705 PACIFIC COAST HIGHWAY AND 709, 721, AND 723 6TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 20, 1997, recommending that Council continue the public hearing for all requested entitlements related to the project, to the Thursday, November 13, 1997 meeting, in order for the applicant to complete a revised traffic study reflecting the project changes imposed by the Commission. Mayor Reviczky announced that this item would be continued to the next meeting as recommended by staff but that members of the public wishing to speak could do so this evening and/or at the next meeting. As there were members of the public wishing to speak, Mayor Reviczky and Councilmember Edgerton stepped down from the dais and left the room due to potential conflicts of interest, leaving Councilmember Benz to chair the meeting. The public hearing opened at 8:16 P.M. Coming forward to address the Council on this item were: Bill Oswald - 609 Eighth Street, expressed concern about congestion the project would create; John Hales - 624 Eighth Place, said measures had been taken many years ago to increase businesses on the highway; requested that the next staff report include an historical perspective; Claudia Clishesky - 634 Ardmore Avenue, submitted written information; Michael Swartz - 640 Eighth Street, said the condo project would put more cars on his street; MaryAnn Wright - 731 Eighth Street, expressed concern about increased traffic; Charlie Cheatem - suggested the City reduce density rather than allow such a large project; and Patricia Killen - discussed the commercial depth along Pacific Coast Highway. The public hearing closed at 8:25 P.M. Action: To approve the staff recommendation to continue the public hearing for all requested entitlements related to the project, to the November 13, 1997, meeting, in order for the applicant to complete a revised traffic study reflecting the project changes imposed by the Commission. Motion Bowler, second Oakes. The motion carried, noting the absence of Edgerton and Mayor Reviczky. The meeting recessed at 8:26 P.M. The meeting reconvened at 8:50 P.M., returning the order of the agenda to item 3. MUNICIPAL MATTERS 5. TAXICAB FRANCHISE REPORT. Memorandum from Police Chief Val Straser dated October 21, 1997. Police Chief Straser 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 issue were: Steve Kirby - Manhattan Beach, attorney, said his practice is limited to taxicab businesses; opposed imposing heavy regulations; supported rewriting the code to update outdated insurance requirements; supported putting out a request for proposals (RFP) and selecting one or two companies that meet certain requirements; said there is no countywide licensing procedure, that each city is required to do its own; Chris Hall - 1140 Hermosa Avenue, said he supported all of the downtown improvements but opposed having the taxis park in front of his building; said the 15-minute parking zones established to help businesses are now used for cabs; and Sirus Matozity - said his was one of the legal taxi companies in the City for the past 11 years; said unlicensed cabs were currently a problem; supported the City putting out an RFP and looking at alternative cabstands. Public participation closed at 9:49 P.M. Action: To direct staff to rewrite the taxicab ordinance to minimize liability exposure; to explore and report back on the request for proposals (RFP) process; to look into alternate locations for cabstands that do not displace parking; to allow cabs to temporarily use the northbound left turn lane on Hermosa Avenue at the Pier Avenue intersection as a cabstand; and to install signs that state which taxicab companies are permitted to use the cabstand. Motion Mayor Reviczky, second Benz. The motion carried by a unanimous vote. 6. ADMINISTRATION OF THE CITY MUNICIPAL STORMWATER PROGRAM. Memorandum from Public Works Department dated October 22, 1997. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 10:24 P.M. Coming forward to address the Council on this issue were: Shirley Cassell - Hermosa Beach, supported retaining the firm if doing so would protect the City from a law suit or from any financial liability in the event of a law suit; and John Hunter - John L. Hunter and Associates, Inc., said the Board requires scientific proof for substitutions to specified permit requirements; commented on the need to meet deadlines. Public participation closed at 10:28 P.M. Proposed Action: To direct staff to go to the Regional Water Control Board and find out whether the City can cut down on paper work and do something to cure pollutants and fix the problem with a storm water diversion project, such as a low-flow sump pump installation. Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky. Action: To retain John L. Hunter and Associates, Inc. to administer City's Municipal Storm Water program and implement NPDES permit requirements for one year; to authorize expenditures of $30,240 from appropriated $75,000 Sewer Fund for NPDES program to pay the firm for providing professional services to the City; and to authorize the Mayor to sign the contract, amended to require that the firm work with staff to develop and submit a program to the State with the intention of substituting an actual diversion project next year, or sooner, for some of the requirements the City is doing this year. Motion Mayor Reviczky, second Oakes. The motion carried, noting the dissenting votes of Benz and Edgerton. Councilmember Benz left the meeting at 10:45 P.M. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. PARKING REGULATION CHANGES STATUS REPORT. Memorandum from City Manager Stephen Burrell dated October 23, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To direct the City Manager to implement the changes as soon as possible. Motion Edgerton, second Mayor Reviczky. The motion carried, noting the absence of Benz. 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time were: Shirley Cassell - Hermosa Beach, commented on Councilmembers not using their laptop computers this evening; Jim Lissner - Hermosa Beach, commented on crime statistics and the downtown area; and Chris Hall - Hermosa Beach, said he lived in the downtown and thought it was currently much better than it was five years ago. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Police Officers Association Hermosa Beach Firefighters' Association Hermosa Beach Management Association ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 28, 1997, at the hour of 10:54 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:55 P.M. At the hour of 11:30 P.M. the Closed Session adjourned to the Regular Meeting . ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 28, 1997, at the hour of 11:31 P.M. to Thursday, November 13, 1997 at the hour of 7:10 P.M., noting that the regular meeting date of Tuesday, November 11, 1997 will fall on Veteran's Day, a legal holiday. ********************************************************************** MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Thursday, November 13, 1997, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Rick Learned, resident ROLL CALL: Present: Bowler, Edgerton, Oakes, Mayor Reviczky Absent: Benz (arrived at 7:21 P.M.) MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky said he had no announcements this evening and invited Councilmember comments. Councilmembers Edgerton and Benz congratulated the three returning incumbents on their victory in the election of November 4, 1997. Councilmember Bowler praised outgoing Mayor Reviczky for the excellent job he had done during his tenure as Mayor and thanked him for the countless hours he had spent representing the City. OUTGOING MAYOR'S COMMENTS: Mayor Reviczky said that he was grateful to be allowed to serve as Mayor during this exciting and eventful time in Hermosa Beach history. He thanked his wife, Nancy, for her understanding and her help; thanked the Council and City staff for its support; and, thanked the citizens for granting him this opportunity. APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE: A. Designate Mayor for a term ending September 10, 1998. Action: To designate Sam Edgerton as Mayor for a term ending September 10, 1998. Motion Mayor Reviczky, second Benz. The motion carried by a unanimous vote. B. Designate Mayor Pro Tempore for a term ending September 10, 1998; and, Action: To designate Robert Benz as Mayor Pro Tempore for a term ending September 10, 1998. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. C. Intergovernmental agencies requiring appointment of Mayor as delegate. Memorandum from City Clerk Elaine Doerfling dated October 30, 1997. Action: To appoint Mayor Edgerton to the Los Angeles County - City Selection Committee; to appoint Mayor Edgerton to the South Bay Cities Sanitation District Board of Directors, and Mayor Pro Tempore Benz as alternate director; and, to appoint Mayor Edgerton as delegate to the Inglewood Fire Training Authority, and Mayor Pro Tempore Benz as alternate. Motion Bowler, second Benz. The motion carried by a unanimous vote. D. Reorganization of remaining City Council committee assignments. By consensus of the Council, this item was continued to the meeting of November 25, 1997. E. Presentation of Plaque to outgoing Mayor Reviczky by newly appointed Mayor Edgerton. Mayor Edgerton presented a Plaque of Appreciation to outgoing Mayor Reviczky and thanked him for his time and for an excellent job. F. Presentation of Plaque to outgoing Mayor Reviczky by Tom Martin, Deputy to Los Angeles County Supervisor Don Knabe. Tom Martin, Deputy to Los Angeles County Supervisor Don Knabe, presented a Plaque of Appreciation to outgoing Mayor Reviczky, thanked him for his hard work, and congratulated Councilmembers Reviczky, Oakes and Bowler on their re-election. INCOMING MAYOR'S COMMENTS: Mayor Edgerton thanked his fellow Councilmembers for the opportunity to serve as Mayor for the second time and said that he hoped to keep the meeting short in order for everyone to come to his home to celebrate his mayoral appointment and the victory of the three incumbents in the November 4th election. The meeting recessed at the hour of 7:31 P.M. The meeting reconvened at the hour of 8:02 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Chantel Hargis - Hermosa Beach, said that she was disappointed that so few flags had been flown during the Veteran's Day Holiday; asked the Council to develop a program to encourage flying our nation's flag; Jim Lissner - Hermosa Beach, recounted a Police sting operation resulting in an arrest for marijuana; requested that item 1(a) be removed from the consent calendar; and, Carol Duff - Hermosa Beach Chamber of Commerce, congratulated the three re-elected Councilmembers and former Mayor Reviczky for the hard work he had done during his term as Mayor. (b) COUNCIL COMMENTS: Action: To direct staff to bring back an agenda item relating to the actions the City could take to increase the number of flags flown on National Holidays, especially Memorial Day and Veteran's Day. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. (c) WRITTEN COMMUNICATION: 1. Letters from Jim Lissner dated November 2, 1997, and November 4, 1997 regarding requests for crime records. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, spoke to his letter. Action: To approve the staff recommendation to receive and file the letter. Motion Benz, second Oakes. The motion carried by a unanimous vote. 2. Letter from Rabbi Yossi Mintz dated November 6, 1997, regarding the placement of a 12' x 6' Menorah in Greenwood Park from December 23 through December 30, 1997. Coming forward to address the Council on this item was: Rabbi Yossi Mintz - spoke to his letter; said the Menorah was not just a religious symbol; and, said that he would work with the City and its staff. Action: To direct staff to work with Rabbi Yossi Mintz in the placement and security of the Menorah in Greenwood Park and with the lighting ceremony. Motion Bowler, second Oakes. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a) Bowler (for Jim Lissner) and (d) Reviczky. Motion Bowler, second Benz. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. At 8:20 P.M. the order of the agenda was suspended to go to the public hearing at item 4. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on October 28, 1997. This item was removed from the consent calendar by Councilmember Bowler, at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Jim Lissner - Hermosa Beach, requested that the minutes be re-written in order to present comments that he had made in more detail. Action: To approve the minutes of the Regular Meeting of October 28, 1997, as presented. Motion Bowler, second Benz. The motion carried by a unanimous vote. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11921 THROUGH 12038, NOTING VOIDED CHECK NOS. 11984 AND 12036, AND TO APPROVE CANCELLATION OF CHECK NOS. 11988 AND 12032 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO APPROPRIATE DONATIONS TO THE COMMUNITY RESOURCES DEPARTMENT AND THE PUBLIC WORKS ADMINISTRA-TION/PARKS DEPARTMENT. Memorandum from Finance Director Viki Copeland dated November 3, 1997. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To approve the staff recommendation to approp-riate the following donations to the Community Resources department and to the Public Works Administration/Parks department: 1.Hermosa Beach Kiwanis Club $200.00 2.Jean Lombardo $100.00 3.John C. Rogers $1,049.84 Motion Reviczky, second Oakes. The motion carried by a unanimous vote. (e) RECOMMENDATION TO ADVANCE $40,000 IN SEWER FUNDS TO COVER COSTS FOR PREPARATION OF ENGINEER'S REPORTS FOR THE LOMA AND MYRTLE DRIVE UNDERGROUNDING DISTRICTS. Memorandum from Public Works Department dated November 4, 1997. Action: To approve the staff recommendation to advance $40,000 from Sewer Fund (160) rather than the previously approved Landscape and Lighting District (due to changes caused by Proposition 218) to cover costs for preparation of engineer's reports for the Loma and Myrtle Drive undergrounding districts, with the understanding that the money would be repaid after the district was formed. (f) RECOMMENDATION TO DENY THE FOLLOWING APPLICATION FOR LEAVE TO PRESENT A LATE CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 4, 1997. Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator : 1) Claimant: Christine Sher Date of Loss: 03/03/97 Date Filed : 10/27/97 Allegation : Claimant alleges negligent mainten-ance of City property caused her to trip and fall on concrete walkway resulting in injury. (g) RECOMMENDATION TO AUTHORIZE STAFF TO PURCHASE FIVE MINOLTA COPIERS FROM MINOLTA BUSINESS SYSTEMS, INC. AT A TOTAL COST OF $32,963 AND APPROPRIATE $35,683 FROM THE EQUIPMENT REPLACEMENT FUND. Memorandum from City Manager Stephen Burrell dated November 5, 1997. Action: To approve the staff recommendation to: 1.authorize staff to purchase five Minolta Copiers from Minolta Business Systems, Inc. at a total cost of $32,963 via the County of Riverside bid. 2.Appropriate $35,683 (including tax) from the Equipment Replacement Fund. (h) RECOMMENDATION TO AUTHORIZE AWARD OF BID TO SO. CALIFORNIA TREE & LANDSCAPE IN THE AMOUNT OF $9,825 FOR TREE TRIMMING AT VARIOUS CITY PARKS AND MEDIAN ISLANDS AND AUTHORIZE PUBLIC WORKS SUPERINTENDENT TO MAKE MODIFICATIONS WITHIN THE BUDGETED AMOUNT. Memorandum from Public Works Department dated November 6, 1997. Action: To approve the staff recommendation to 1) authorize award of bid to So. California Tree & Landscape, 23119 Mariposa Ave., Torrance, California in the amount of $9,825 for Tree Trimming at Various City Parks and Median Islands In Hermosa Beach; and, 2) authorize the Public Works Superintendent to make modifications within the budgeted amount. (i) RECOMMENDATION TO APPROVE AN ADDITIONAL $1,323.00 TO GILLIS & ASSOCIATES FOR ENGINEERING REQUIRED TO MOVE THE POLICE DEPARTMENT AIR CONDITIONING UNIT TO THE ROOF OF THE COUNCIL CHAMBERS. Memorandum from Fire Chief Pete Bonano dated November 3, 1997. Action: To approve the staff recommendation to approve the following amounts: 1.Structural Engineer $ 500.00 2.HVAC Engineer $ 650.00 3.Gillis & Associates 15% $ 173.00 that total an additional $1,323.00 to Gillis & Associates for engineering required to move the Police Department air conditioning unit to the roof of the Council Chambers, noting that this will not increase the total cost of the City Hall remodel. 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION. Items 1(a) and (d) 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 At the hour of 8:20 P.M. Councilmember Reviczky declared a potential conflict due to living within the area, and Mayor Edgerton declared a potential conflict due to Mr. Learned being a client of his firm. Both left the dais and the room. 4. GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL (MD) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2, AND REVIEW AND RECONSIDER-ATION BY THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION TO APPROVE SAID RECOMMENDED ZONE CHANGE AND GENERAL PLAN AMENDMENT, AND A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, VESTING TENTATIVE TRACT MAP #52251 AND LOT LINE ADJUSTMENT, ON THE REAR PORTION OF TWO COMMERCIAL PARCELS FRONTING ON PACIFIC COAST HIGHWAY (635 AND 705 P.C.H.) AND INCLUDING THREE LOTS ON 6TH STREET, FOR A 20 UNIT CONDOMINIUM PROJECT TAKING ACCESS FROM 6TH STREET AND 7TH STREET, AND PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE LAYOUT AND INCREASE THE P.C.H. FRONTAGE OF THE EXISTING LUMBER YARD, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 635 & 705 PACIFIC COAST HIGHWAY AND 709, 721, AND 723 6TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 5, 1997. Supplemental letter from Richard Learned received November 10, 1997. Supplemental letters received November 13, 1997, from Hermosa Beach Chamber of Commerce; Richard E. Barretto, Transportation Engineer, with Linscott, Law & Greenspan Engineers; Scott Frantz of 642 Seventh Street; and, J. Darryl Nyznyk of Moskowitz, Wood & Nyznyk LLP, Attorneys at Law. Councilmember Bowler, responding to the supplemental letter from J. Darryl Nyznyk that suggested that Councilmember Reviczky need not excuse himself for a potential conflict of interest, asked City Attorney Michael Jenkins for his opinion. City Attorney Jenkins responded that in his opinion Councilmember Reviczky did have a potential conflict, but that an opinion had not been sought from the Fair Political Practice Commission (FPPC). He said that if the appellant requests that a formal opinion be sought from the FPPC and if Councilmember Reviczky agrees to request an opinion, the item would have to be continued pending the FPPC opinion. Coming forward to address the Council on this issue was: Scott Anistasi - developer, asked if Councilmember Reviczky would be agreeable to an FPPC opinion request. (City Manager Burrell responded that Councilmember Reviczky would be agreeable to this request.) Mr. Anistasi continued that due to the indeterminate time for a response from the FPPC, he would decline making this request. The public hearing item continued as Community Development Director Blumenfeld presented the staff report, gave a history of the commercial corridor on Pacific Coast Highway and responded to Council questions. The public hearing opened at 8:52 P.M. Coming forward to address the Council on this item were: Scott Anistasi - property developer, said that the future of Hermosa Beach was linked to the Pacific Coast Highway commercial corridor; Cheryl Vargo - 5147 Rosecrans, Hawthorne, said that she represented both the Anistasi development and the Learned Lumber expansion remodel; spoke of the goals and objectives of the General Plan amendment of 1994; Mike Learned - property owner; spoke of Learned Lumber's desire for greater commercial frontage on Pacific Coast Highway (P.C.H.); Rick Learned - 1727 Monterey Blvd., said that Learned Lumber was among the top five sales tax generators in the City; spoke of the danger of losing the tax base from Vasek Polak's auto sales; said that the lumber yard had been in the City for 70 years and could continue if it were given a greater presence on P.C.H.; Christina Weaver - representing law firm for the motel; said that there had been no other commercial offers on the property and for the past year there had been a bitter personal dispute between the property owners, that if this development did not go through there was little chance there would be any improvement to the property; Scott Alden - 646 Sixth Street, said that the highest and best use for the property was residential; that in his professional opinion he would not offer the property for commercial use; but, the residential development was much to dense for the area, it should be limited to no more than twelve units; felt it would be foolish not to grant the Learned zone change request and block off Sixth Street; Patricia Spiritus - 1610 Strand, spoke of the difference in the downtown now from six years ago; questioned how more condominiums benefited the City; felt the same community involvement process should be given to the highway as was given to the downtown area; Gertrude Urhausen - 648 Seventh Street, said that she objected to 20 condo units, would prefer no more than twelve; said Learned Lumber had always been a good neighbor; Claudia Kliszewski - 634 Ardmore, said that she would like the property zoned R-1; said that 20 units would create traffic and noise that would affect the neighborhood quality of life; did not want more traffic on Seventh Street and felt the traffic study was inconsistent; Michael Schwartz - 632 Eighth Street, said that the proposals would create even more traffic on Eighth Street, which had one of the city's highest accident rates at the P.C.H. intersection; Lisa Connely - 655 Sixth Street, said they had petitioned to close the street; Missy Sheldon - 1800 Strand, said if the project was denied it could become an even larger development; said the City did not need greater commercial depth and there was always the potential for a property to be developed as a strip mall no matter the size; said this was a feasible project that offered a buffer (the R-2 zone) to the R-1 owners; urged Council support; Cindy Kinney - 635 Sixth Street, spoke regarding her concerns over increased traffic; asked Council to cul-de-sac Sixth Street; Steve Ashley - 647 Seventh Street, said that Learned Lumber had always been a good neighbor and that density and traffic would not be a problem if buffered; Dan Ericson - (no address given), spoke of the attempts by Learned Lumber to create a buffer zone, said that the zone change was a viable option and that the utility was greater for frontage than for depth; Nancy Reviczky - 600 Ardmore, said that traffic was the issue on Sixth Street; said that the Planning Commission had recommended that Sixth Street be closed; and, said that she had concerns regarding the density of the Condo project and the lack of parking; Betty Ryan - 2240 Monterey Blvd., said that the Learned Lumber expansion made sense and the Condos as a buffer made sense; urged the Council to approve the zone change; Betty Kaye - 653 Seventh Street, opposed to the Condos because of traffic and lack of parking; Kay Schwartz - 632 Eighth Street. opposed to the Condos because of traffic and lack of parking; Carol Duff - Chamber of Commerce, said that the residents did not agree on the project; urged the Council to do something for P.C.H. that would increase the tax base; Roger Bacon - 1100 Pacific Coast Highway, urged the Council to clean up P.C.H.; suggested that the Sixth Street driveway be eliminated with traffic exiting onto P.C.H.; warned of the probable lose of the BMW dealership; and, Cheryl Vargo - representing the project; urged the Council to approve the project. The public hearing closed at 9:54 P.M. Action: To deny the requested General Plan Amendment and Zone Change. Motion Mayor Pro Tempore Benz, second Oakes. AYES: Oakes and Mayor Pro Tempore Benz NOES: Bowler ABSENT: Reviczky and Mayor Edgerton The meeting recessed at 10:05 P.M. The meeting reconvened at 10:11 P.M. The public hearing was re-opened at 10:14 P.M. As no one came forward to address the Council on the Planning Commission reconsideration item, the public hearing closed at 10:14 P.M. Final Action: To overturn the decisions of the Planning Commission with respect to the requested Condominium project and reconfiguration of the Lumber Yard. Motion Bowler, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Reviczky and Mayor Edgerton. Councilmember Reviczky and Mayor Edgerton returned to the dais at 10:16 P.M. MUNICIPAL MATTERS 5. SKATEBOARD TRACK LOCATION - COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated November 3, 1997. Supplemental letter in opposition to a skateboard track from Grace Hawekotte, 920 Seventh Street, received November 12, 1997. Supplemental information from Assemblywoman Debra Bowen's office received November 13, 1997. Supplemental budget information received November 13, 1997. Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:22 P.M. Grace Hawekotte - 920 Seventh Street, spoke in opposition to skateboard park; read her letter; Justin Keller - First Street, Manhattan Beach, spoke in favor of the skateboard track and in rebuttal to the opinions voiced above, saying that skateboarders were not gang members and that gangs started where there were no other activities for young people; Scott Sargent - 2008 Rhodes Street, concerned with the loss of tennis courts in the area; Roy Parker - 67 - 24th Place, spoke in favor of the skateboard track; said gang members are not skateboarders as you can't skateboard with a gun in your pocket; Scott Smith - 1707 Pacific Coast Highway, said he was not opposed to a skateboard track but was opposed to the location; suggested spending the money on a signal for the intersection instead; Tom Dunbabbin - 2432 Myrtle Avenue, spoke in favor of the skateboard track; said the crime incidents related by other speakers had nothing to do with skateboarding; said the cost of the park was only $65,000 from the $240,000 total; Dr. Kapis - Vons' Plaza, spoke in opposition to the skateboard track; said there were young people loitering in the Plaza now and this would bring in many more; said businesses in the Plaza were all opposed; Shane McColgan - 705 Pier Avenue, concerned with safety and cost; said this could bring an influx of skateboarders into a dangerous area; concerned that skateboarding noise and activity across the street could be a deterrent to customers of his restaurant; Carol Tanner - 2134 Circle Drive, spoke in favor of the skateboard track; said it was a great idea as kids needed a skateboard park; Mary Anne Wright - 731 Eighth Street, spoke in opposition to the skateboard track due to the noise involved; spoke of other tracks that had been discontinued due to liability; Gomez Warren - Redondo Beach, spoke in favor of the skateboard track; said that he was a sponsored skateboarder and a law student; said the skateboard track would be maintained by the users as it would be in their interest to do so; said that many other sports had a greater liability problem including softball and football; said that even tennis had more injuries than skateboarding; Mark Warshaw - 2164 Circle Drive, said that he had collected a petition with 200 signatures of tennis players in opposition to the project; Jeanne Carr - 909 Owosso, said this plan filled the needs of the skateboarders and gave better tennis courts to the tennis players; said that she supported this plan; (young male) - spoke for the skateboard track; (young male) - spoke for the skateboard track; Josh Kearney - spoke for the skateboard track; and, Shane McCurdy - spoke for the skateboard track. Public participation closed at 10:56 P.M. Action: To approve the staff recommendation to: 1) direct Public Works staff to resurface the Kelly Tennis Courts as soon as possible; 2) approve conceptual plan to build a 6,900 square foot skateboard track on the north side of tennis courts #5 & #6, relocate courts #5 & #6 to be immediately east of Court #2, and expand parking to the south side of the skateboard track; 3) direct the Skateboard Subcommittee to work with skateboarders and volunteers to initiate a design program for the track; and, 4) to request that the interested skateboarders work with staff to solicit private donations for as much of the cost of the skateboard track as possible. Motion Bowler, second Benz. The motion carried by a unanimous vote. At the hour of 11:04 P.M. the order of the agenda was returned to item 3. 6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 8. OTHER MATTERS - CITY COUNCIL a. Request from Councilmember Bowler for consideration of adding a crossing guard at the intersection of Ardmore and Pier Avenue. Councilmember Bowler spoke to his request. Action: To direct staff to report back with an agenda item in order to consider adding a school crossing guard at the intersection of Ardmore and Pier Avenue. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Benz. b. Recommendation from Councilmember Bowler to create a Council subcommittee to interact with represent-atives from the Redondo Beach City Council regarding the disposition of the Edison site. Councilmember Bowler spoke to his request. Action: To appoint Councilmembers Bowler and Reviczky as a subcommittee to interact with representatives from the Redondo Beach City Council regarding the disposition of the Edison site. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. c. Request from Councilmember Benz for consideration of City donation of $5000 to Last Night Celebration. Supplemental Information from Worldfest Production received November 12, 1997. Councilmember Benz spoke to his request. Action: To place the approval of the program and of a $5,000 City donation on the agenda of the regular meeting of November 25, 1997. Motion Benz, second Mayor Edge CITIZEN COMMENTS: No one came forward to address the Council at this time. ADJOURNMENT: The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Thursday, November 13, 1997, at the hour of 11:15 P.M. to the Regular Meeting of Tuesday, November 25, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 25, 1997, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Roger Bacon, property owner ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None CANVASS OF VOTES AND INSTALLATION OF OFFICERS Action: To adopt Resolution No. 97-5888, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 1997, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote. City Clerk Doerfling administered the oath of office individually to the winning candidates: Julie Oakes, J.R. Reviczky and John Bowler. The new then each thanked families and friends for help and support, and citizens for the confidence placed in them. MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Edgerton and Councilmember Benz expressed their satisfaction with the results of the election and thanked the three returning incumbents for running for a second term. Councilmember Bowler announced that, "The inaugural ball would be held in the grand ballroom at Fat Face Fenner's Falloon following tonight's meeting," and invited everyone to attend. Councilmember Benz reminded the viewing public that the "Mama Liz" Thanksgiving dinner would be held at the Kiwanis building this Thursday and invited all to attend and/or donate food or services. Councilmember Reviczky announced that the touring "Vietnam War Memorial" would be in Hawthorne through Sunday, November 30, 1997, at Edison Park across from TRW, and invited the viewing public to visit this moving tribute to our veterans. The meeting recessed at 7:34 P.M. The meeting reconvened at 7:59 P.M. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS Coming forward to address the Council at this time were: John Hales - 624 Eighth Place, spoke regarding being contacted, after his letter had been published in a local newspaper, by a losing Council candidate who wished to debate the letter on the positive results of the current Council; cited figures from the "Los Angeles Times" showing the average home price for Hermosa Beach at $416,000, a 33 percent increase in the past year, and higher than any other community in the area; and, Roger Bacon - 1100 Pacific Coast Highway, urged the Council to add more Holiday decorations to Pacific Coast Highway and offered lights to be placed on the Vetter Windmill. (b) COUNCIL COMMENTS: Staff was directed by Council consensus to consider more decorations, of a better quality, for Aviation and Pacific Coast Highway and to light the Vetter Windmill with the lights donated by Roger Bacon. City Manager Stephen Burrell said that he would include funding for additional holiday decorations in the next year's budget. (c) WRITTEN COMMUNICATION: 1. Letter from Hermosa Beach Chamber of Commerce dated November 18, 1997, requesting permission to hold annual Tree Lighting ceremony on Lower Pier Avenue. Coming forward to address the Council on this item was: Susan Blakely - Chamber of Commerce, said that the event would feature local high school bands and a visit from Santa Claus. Action: To approve the request from the Hermosa Beach Chamber of Commerce to hold the annual Tree Lighting ceremony on Lower Pier Avenue on Thursday, December 11, 1997, from 6:00 P.M. to 8:00 P.M. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote. 1. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (g) Reviczky and (j) Benz. Motion Bowler, second Oakes. The motion carried by a unanimous vote. No one came forward to address the Council on items not removed from the consent calendar. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Adjourned Regular Meeting held on November 13, 1997. Action: To approve the minutes of the Adjourned Regular Meeting of November 13, 1997 as presented. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12039 THROUGH 12149, NOTING VOIDED CHECK NO. 12145 AND TO APPROVE CANCELLATION OF CHECK NOS. 11405, 12101 AND 5770 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER, 1997, FINANCIAL REPORTS: 1.Revenue and expenditure report; 2.City Treasurer's report; and, 3.Investment report. Action: To receive and file the October, 1997, Financial Reports as presented. (e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT SPECIFIED GRANT PROGRAM FOR THE MUNICIPAL PIER PROJECT (CIP 95-620). Memorandum from Public Works Department dated November 18, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5889, 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 SPECIFIED GRANT PROGRAM FOR THE HERMOSA BEACH MUNICIPAL PIER PROJECT." (f) RECOMMENDATION TO APPROVE RENEWAL OF AGREEMENT BETWEEN THE CITY AND DISPUTE RESOLUTION SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Memorandum from Police Chief Val Straser dated November 18, 1997. Action: To approve the staff recommendation to: 1.approve the renewal of the agreement between the City and Dispute Resolution Services for a cost not to exceed $5,000; and, 2.authorize the City Manager to sign the attached agreement. (g) RECOMMENDATION TO APPROPRIATE $100 DONATION FROM THE HERMOSA BEACH WOMAN'S CLUB TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE SAND SNOWMAN CONTEST. Memorandum from Finance Director Viki Copeland dated November 18, 1997. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors. Community Resources Director Mary Rooney responded to Council questions and said that the Sand Snowman Contest would be held on Saturday, December 6, 1997, from the hour of 9:00 A.M. until noon. Action: To appropriate the $100 donation from the Hermosa Beach Woman's Club to the Community Resources Department to be used for the Sand Snowman contest.Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (h) RECOMMENDATION TO APPROVE A ONE-YEAR LEASE AGREEMENT BETWEEN THE CITY AND THE NON-PROFIT GROUP RESOURCES FOR INDEPENDENCE FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated November 10, 1997. Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1.approve the one-year lease agreement between the non-profit group Resources for Independence and the City for the use of Room 6C in the Community Center at a rate of $149 per month (160 sq.ft. X $.93 per sq.ft.) from December 1, 1997, through November 30, 1998, for a total rental income of $1,788; and, 2.authorize the Mayor to sign the lease. (i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 18, 1997. Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of November 18, 1997. (j) Recommendation to adopt resolution approving the re-application for grant funds for the Environmental Enhancement and Mitigation (EEM) Program for the Pacific Coast Highway Enhancement Study. Memorandum from Public Works Department dated November 20, 1997. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting in order to question if this project would include a parking study and an economic study. City Manager Burrell responded that these items would be included in order to have hard data on problems and possible solutions for parking, traffic lights and commercial versus residential traffic. Action: To approve the staff recommendation to adopt Resolution No. 97-5890, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT IDENTIFIED AS 'PACIFIC COAST HIGHWAY ENHANCEMENT STUDY'." Motion Benz, second Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO ADOPT RESOLUTION TO DENY A REQUESTED GENERAL PLAN AMENDMENT FROM COMMERCIAL CORRIDOR TO MEDIUM DENSITY RESIDENTIAL AND ZONE CHANGE FROM SPA7 TO R-2 AND TO DENY, UPON RECONSIDERATION OF THE DECISION OF THE PLANNING COMMISSION, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT MAP #52251 FOR A 20 UNIT CONDOMINIUM PROJECT AND A PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE EXISTING LUMBER YARD AND CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT WALL. Action: To approve the staff recommendation to adopt Resolution No. 97-5891, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO DENY A REQUESTED GENERAL PLAN AMENDMENT FROM CC (COMMERCIAL CORRIDOR) TO MD (MEDIUM DENSITY RESIDENTIAL) AND ZONE CHANGE FROM SPA7 (SPECIFIC PLAN AREA NO. 7) TO R-2; AND, TO DENY, UPON RECONSIDERATION OF THE DECISION OF THE PLANNING COMMISSION, A CONDITIONAL USE PERMIT, PRECISE DEVELOPMENT PLAN, AND VESTING TENTATIVE TRACT MAP #52251 FOR A 20 UNIT CONDOMINIUM PROJECT AND A PRECISE DEVELOPMENT PLAN TO RECONFIGURE THE EXISTING LUMBER YARD AND CONDITIONAL USE PERMIT FOR AN OVER-HEIGHT WALL." (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION. Memorandum from City Manager Stephen Burrell dated November 20, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5892, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT MEMORANDA OF UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION." 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(g) 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. PUBLIC HEARINGS - None MUNICIPAL MATTERS 4. PETITION IN SUPPORT OF CLOSURE OF 6th STREET TO THROUGH TRAFFIC BETWEEN ARDMORE AVENUE AND PACIFIC COAST HIGHWAY. Memorandum from Planning Commission dated November 18, 1997. Supplemental letter dated November 20, 1997, from Michael Learned of Learned Lumber, withdrawing support for the closure of Sixth Street. Councilmember Reviczky declared a potential conflict of interest due to living in the area and left the dais and the room at the hour of 8:22 P.M. Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions. Public participation opened at 8:24 P.M. Coming forward to address the Council on this item were: Nancy Reviczky - 600 Ardmore Avenue, submitted written information for the following people who represented the Sixth Street Traffic Coalition: Franz Walther - 631 Sixth Street; Faviana Walther - 631 Sixth Street; Scott Alden - 646 Sixth Street; Theresa Alden - 646 Sixth Street; Rosamond Fogg - 610 Sixth Street; Elizabeth Connley - 650 Sixth Street; Paul Burke - 659 Sixth Street; Jackie Torfin - 659 Sixth Street; Margaret MacDonald - 650 Sixth Street; Therese Yurkovich - 655 Sixth Street, with Megan; Mark Mollica - 618 Sixth Street, with Marcus; Julie Mollica - 618 Sixth Street, with Makila; Stephen Kinney - 635 Sixth Street; Cynthia Kinney - 635 Sixth Street, spokesperson for the coalition, explained the history of Sixth Street and why it was unique; said that although Learned Lumber has been at that location for 70 years, it has only been within the past ten years that it has relocated its parking lot with the entrance and exit on Sixth Street which has caused a steady increase in traffic, including large lumber delivery vehicles, that now total 1,630 vehicular trips per day on this small street; asked the Council to approve street closure west of the entrance to the Learned Lumber parking lot; and, John Hales - 624 Eighth Place, expressed his sympathy for the residents of Sixth Street; said that the zoning on the streets between Pacific Coast Highway (P.C.H.) and Ardmore in this area was R-2, but traditionally had been single family homes, however now these homes were being replaced with two condos per lot which doubled the auto traffic; said that another problem was the lack of a signal at Sixth Street which caused motorists to go west down Sixth Street instead of returning to P.C.H. Public participation closed at 8:37 P.M. Action: To direct staff to return at a meeting early next year with possible solutions for this problem including the consideration of barricading the west-bound lane below the Learned Lumber parking lot and directing the parking lot to be posted with "no right turn" signs. Motion Benz, second Oakes. The motion carried, noting the absence of Reviczky. Councilmember Reviczky returned to the dais at 8:47 P.M. 5. CONSIDERATION OF ADDITIONAL CROSSING GUARD POSITION AT PIER AND ARDMORE. Memorandum from Police Chief Val Straser dated November 18, 1997. Police Chief Straser presented the staff report and responded to Council questions. Public participation opened at 8:52 P.M. As no one came forward to address the Council on this item, public participation was closed at 8:52 P.M. Action: To approve the staff recommendation to: 1.approve the addition of one crossing guard at the intersection of Pier and Ardmore; 2.approve addendum to contract with All City Management Services to provide additional school crossing guard services with amount not to exceed $4,497.00; and, 3.appropriate $4,497 from prospective expenditures to the Crossing Guard Department. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Benz. 6. INFORMATION REGARDING DISTRIBUTION OF ADVERTISING HANDBILLS ON PUBLIC AND PRIVATE PROPERTY. Memorandum from Community Development Director Sol Blumenfeld dated November 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. City Attorney Michael Jenkins said that the posted sign "no solicitors" meant actually knocking on doors, not merely leaving advertising material. Action: To direct staff to determine how to inform the residents of the methods to use if they do not want advertising left by their door or mailbox, including how to do it and who to call for enforcement. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. 7. PARTIAL RIGHT-OF-WAY VACATION - PORTION OF WEST SIDE HERMOSA AVENUE - SOUTH CITY BOUNDARY LINE FOR 180 FEET NORTH. Memorandum from Community Development Director Sol Blumenfeld dated November 18, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:09 P.M. Coming forward to address the Council on this item was: Michael Flascher - 4 The Strand, spoke to his request; said the encroaching building was erected 67 years ago. Public participation closed at 9:10 P.M. Action: To direct staff to: 1.initiate proceedings to process the partial right-of-way vacancy consisting of 180 feet along the west side of Hermosa Avenue starting at the southerly boundary; 2.ensure that the vacancy does not include any portion of the pedestrian sidewalk; and, 3.require that the owners requesting the vacancy furnish a survey to the City for their property and other impacted properties. Motion Oakes, second Reviczky. The motion carried by a unanimous vote. 8. PROPOSAL FOR NEW YEAR'S EVE CELEBRATION. Memorandum from City Manager Stephen Burrell dated November 20, 1997. Mayor Edgerton and Councilmember Benz presented the report and responded to Council questions. City Manager Burrell expressed the concerns of the merchants in the area and of staff due to the uncertain nature of the project and the time constraints. Proposed Action: To approve the $5,000 donation of City funds for the event contingent upon receiving donations of $20,000 and securing a band by the next Council meeting. Motion Benz. The motion died due to the lack of a second. Action: To discontinue the discussion of a New Year's Eve event on lower Pier Avenue until the start of next year to allow adequate planning time for 1998 and to direct staff to facilitate this event by working with the merchants of the area. Motion Benz, second Bowler. The motion carried by a unanimous vote. 9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a. 310 AREA CODE PUBLIC MEETING. Memorandum from City Manager Stephen Burrell dated November 19, 1997. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to support Alternative #5B, which would leave the City, and most of the South Bay, with the 310 area code and authorize a letter to the California Public Utilities Commission. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL a. CITY COUNCIL COMMITTEE ASSIGNMENTS. Memorandum from City Clerk Elaine Doerfling dated November 17, 1997. City Clerk Doerfling presented the staff report. Action: To: 1.remove the following temporary sub-committees from the City Council Committee Assignment list: a) East Beach Drive; b) Bijou Theatre; and, c) Parking Structure; and, 2.appoint Councilmember Reviczky as the alternate to the West Basin Water Association Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote. 11. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: a. Request from Councilmember Reviczky for consideration of a request from the Hermosa Beach Youth Basketball League for a $100 sponsorship donation. Councilmember Reviczky spoke to his request. Action: To approve the sponsorship donation of $100 to the Hermosa Beach Youth Basketball League. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. CITIZEN COMMENTS No one came forward to address the Council at this time. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8 Property: 545 Cypress Avenue Negotiating Parties: Stephen Burrell Betty Ryan Under Negotiation: Price 2. CONFERENCE WITH LABOR NEGOTIATOR: Pursuant to Government Code Section 54957.6 City Negotiator: Stephen Burrell Employee Organizations: Hermosa Beach Firefighters' Association Police Management Association Hermosa Beach Management Association ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 25, 1997, at the hour of 9:50 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:00 P.M. At the hour of 10:30 P.M. the Closed Session adjourned to the Adjourned Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 13, 1997 at the hour of 10:30 P.M. to the Regular Meeting of Tuesday, December 9, 1997 at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 9, 1997, at the hour of 7:18 P.M. PLEDGE OF ALLEGIANCE - Tom Weede, Beach Reporter ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent: Mayor Edgerton MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Oakes reminded the viewing public of the Holiday Tree Lighting Ceremony and visit from Santa Claus to be held Thursday, December 11, 1997, at 6:00 P.M. at the Pier Plaza. Councilmember Bowler reminded the viewing public that the Fifth Annual Beach Cities Toy Drive was underway; that new toys could be dropped off at the Fire Stations and many businesses; and the wrapping party would be held December 20, 1997, at Clark Building. Councilmember Reviczky said that the first major storm of the season had passed with no City related flooding, commended the Public Works Department for its preparation and thanked the personnel and volunteers of the Disaster Preparedness unit for assistance and work in filling sandbags for residents. PROCLAMATION: BUCKLE UP FOR LIFE CHALLENGE Mayor Pro Tempore Benz spoke of the importance of using seat belts while traveling by car. PUBLIC PARTICIPATION: (a) ORAL COMMUNICATIONS No one came forward to address the Council at this time. (b) COUNCIL COMMENTS: None (c) WRITTEN COMMUNICATION - None 1. CONSENT CALENDAR: City Clerk Elaine Doerfling asked that item 1(a), approval of the minutes of the regular meeting of November 25, 1997, be approved as amended on page 9582, item 1(k), Resolution No. 97-5891, to show abstention votes by Councilmember Reviczky and Mayor Edgerton as they had abstained due to potential conflict of interests from the discussion and the vote on that item when it had been before the Council on November 13, 1997. Action: To approve item 1(a) as amended by the City Clerk. Motion Bowler, second Oakes. The motion carried, noting the absence of Mayor Edgerton. Action: To approve the consent calendar recommendations (a) through (n), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Oakes. Motion Reviczky, second Bowler. The motion carried, 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 Regular Meeting held on November 25, 1997. Action: To approve the minutes of the Regular Meeting of November 25, 1997, as amended on page 9582, item 1(k), Resolution No. 97-5891, to show abstention votes by Councilmember Reviczky and Mayor Edgerton. (b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12150 THROUGH 12232 INCLUSIVE, NOTING VOIDED CHECK NO. 12177. Action: To ratify the check register 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 WAIVE PARKING FEES AND TIME LIMITS FOR METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE), HERMOSA AVENUE BETWEEN 8th AND 16th STREETS AND 13TH STREET WEST OF HERMOSA AVENUE, DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 15, 1998 FROM 7:00 AM TO 1:00 PM. Memorandum from Community Resources Director Mary Rooney dated December 2, 1997. Action: To approve the staff recommendation to waive parking fees and time limits for meters along Pier Avenue (from Manhattan Avenue to Hermosa Avenue), Hermosa Avenue between 8th and 16th Streets and 13th Street west of Hermosa Avenue, during the Sand and Strand run on Sunday, February 15, 1998 from 7:00 am to 1:00 pm. (Mayor Edgerton absent) (e) RECOMMENDATION TO APPROPRIATE DONATIONS OF $200 FROM RALPHS GROCERY FOR VOLLEYBALL COURT MAINTENANCE AND $200 FROM PIER SURF BOARD HOUSE FOR THE CHEVRON SURF CAMP TO THE COMMUNITY RESOURCES DEPARTMENT. Memorandum from Finance Director Viki Copeland dated November 26, 1997. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to acknowledge and thank the donors. Action: To approve the staff recommendation to appropriate the following donations to the Community Resources department: 1) Ralphs Grocery - $200.00 to be used for volleyball court maintenance; and, 2) Pier Surf Board House - $200.00 to be used for Chevron Surf Camp. Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton. (f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24501 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 138-142 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5893, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24501 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 138 - 142 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24525 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 150-154 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5894, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24525 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 150 - 154 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (h) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24545 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 665 - 6TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5895, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24545 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 665 - SIXTH STREET, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (i) RECOMMENDATION TO AWARD BID TO KEISLER POLICE SUPPLY, INC. OF JEFFERSONVILLE, INDIANA FOR THE PURCHASE OF EIGHT (8) AR-15 RIFLES FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser. Action: To approve the staff recommendation to award a bid to Keisler Police Supply, Inc. of Jeffersonville, Indiana for the purchase of eight (8) AR-15 rifles at a cost of $5,150.00 (price does not include sales tax) for the Police Department. (Mayor Edgerton absent) (j) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 25, 1998 FOR THE SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND, APPROVE THE EVENT SUBJECT TO THE CONDITIONS. Memorandum from Community Resources Director Mary Rooney dated December 2, 1997. Action: To approve the staff recommendation to: 1) approve the request from the Redondo Beach Chamber of Commerce and Conte Productions to use Hermosa Avenue at 8th Street for approximately 30 minutes on Sunday, January 25, 1998 for the Elite Mile Race; 2) waive special event and film permit fees; and, 3) approve the event subject to the following conditions: 1.certificate of Insurance in the amount of $2 million naming the City as additional insured; 2.event organizers to pay for an off duty Police Officer (2 hour minimum) for the event; 3.area residents to be notified in writing by event organizers prior to the event. Notification letter to be approved by Community Resources staff; 4.event organizers to provide City staff with a radio; 5.all event vehicles will be identified with a placard; 6.starting gun shall be examined and operator briefed prior to the Race start by a Hermosa Beach Police Officer; 7.the City shall approve commercial sponsor banners; and, 8.the City of Hermosa Beach shall be identified in any and all television credits. (Mayor Edgerton absent) (k) RECOMMENDATION TO APPROVE A PROPOSAL FOR THIRD PARTY ADMINISTRATION OF THE CITY'S WORKER'S COMPENSATION CLAIMS SUBMITTED BY FLEMING & ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A THREE (3) YEAR TERM COMMENCING JANUARY 1, 1998. Memorandum from Personnel Director/Risk Manager Michael Earl dated December 2, 1997. Action: To approve the staff recommendation to: 1) approve a proposal for Third Party Administration of the City's Workers' Compensation claims submitted by Fleming & Associates; and, 2) authorize the City Manager to negotiate and execute a contract for a three (3) year term commencing January 1, 1998. (Mayor Edgerton absent) (l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24681 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 646 - 1ST STREET. Memorandum from Community Development Director Sol Blumenfeld dated December 1, 1997. Action: To approve the staff recommendation to adopt Resolution No. 97-5896, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24681 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 646 - FIRST STREET, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent) (m) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF DECEMBER 2, 1997. Action: To approve the staff recommendation to receive and file the action minutes from the Planning Commission meeting of December 2, 1997. (Mayor Edgerton absent) (n) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION. Memorandum from City Manager Stephen Burrell dated December 4, 1997. (Mayor Edgerton absent) Action: To approve the staff recommendation to adopt Resolution No. 97-5897, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION.", which includes salary increases of: 1.2.5 percent increase retroactive to July 1, 1997; 2.3 percent increase effective July 1, 1998; and, 3.3 percent increase effective July 1, 1999. (Mayor Edgerton absent) 2. CONSENT ORDINANCES - None 3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 1(e) was heard at this time but is shown in order for clarity. Public comments on items removed from the consent calendar are shown under the appropriate item. At 7:28 P.M., as the time had not arrived for the public hearings starting with item 4, the order of the agenda was suspended to go to Municipal Matters, item 6. PUBLIC HEARINGS 4. GENERAL PLAN AND ZONING ORDINANCE TEXT AMENDMENT TO ADD A MANUFACTURING OVERLAY ZONE PROVISION. Memorandum from Community Development Director Sol Blumenfeld dated December 2, 1997, with Ordinance for introduction. Community Development Director Blumenfeld presented the staff report and responded to Council questions by saying that only eight parcels would be affected. The public hearing opened at 7:50 P.M. Coming forward to address the Council on this item was: Robert Catalano - 323 Ardmore, questioned if his use, cabinetry, would be allowed. (The Council affirmed that existing uses would be allowed.) The public hearing closed at 7:52 P.M. Proposed Action: To approve the staff recommendation to: 1) Amend the General Plan text to add a new category of Neighborhood Commercial-Manufacturing (CM) as a special overlay designation; 2) Amend the Zoning Ordinance to add a Neighborhood Commercial Manufacturing Overlay Zone (CM) by introducing and waiving further reading of an Ordinance; and, 3) Direct staff to set a public hearing (after the text amendments become effective) to change the primary zoning of the subject properties to R-2 (Two-Family Residential) and apply the CM overlay designation to the General Plan and Zoning maps. Motion Reviczky. The motion died due to the lack of a second. Action: To approve the staff alternative recommendation: 1) Maintain the M-1 zoning designation for the subject properties; and 2) direct staff to modify the M-1 permitted use list to eliminate the need for the C.U.P. requirement for machine shops or similar uses. Which, by modifying the permitted use list in this manner some of the existing non-conforming uses or other uses (as specified by Council) would be permitted without the need for discretionary action by the Planning Commission or establishment of the proposed overlay zone. The Medium Density General Plan designation would remain unchanged, and rezoning to R-2 could be implemented only when petitioned by property owners. Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Reviczky and the absence of Mayor Edgerton. 5. ADOPTION OF AN INTERIM ORDINANCE TO EXTEND THE ALLOWABLE DURATION FOR DISPLAY OF TEMPORARY BANNERS FROM 60 TO 90 DAYS, AND TO CONSIDER A NEW ENFORCEMENT PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated December 2, 1997, with Ordinance for introduction. Community Development Director Blumenfeld presented the staff report and responded to Council questions by saying that a sign was affixed to a wall or part of the building, a banner was fabric and free floating. The public hearing opened at 8:09 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:09 P.M. Action: To approve the staff recommendation to direct staff to return with an interim ordinance to extend the allowed duration for display of temporary signs from 60 to 90 days and allow staff to pursue a more direct approach to enforcing compliance with these new standards to minimize the amount of time staff commits to banner sign code enforcement Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton. MUNICIPAL MATTERS 6. REPORT ON PLACEMENT OF BENCHES ALONG THE STRAND. Memorandum from City Manager Stephen Burrell dated December 3, 1997. City Manager Burrell presented the staff report and responded to Council questions, saying that it was possible that each street would like to sponsor a bench. Action: To direct staff to contact affected property owners with a notice of a public hearing on the Strand Bench Program and to allow streets to sponsor benches. Motion Oakes, second Mayor Pro Tempore Benz. The motion carried, noting the absence of Mayor Edgerton. At the hour of 7:37 P.M. the order of the agenda was returned to the Public Hearings starting with item 4. 7. ORDINANCE AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 8.40.020(A) REGARDING SMOKING REGULATIONS TO CLARIFY THE CITY'S CONFORMANCE WITH STATE LAW. Memorandum from City Clerk Elaine Doerfling dated December 2, 1997. City Clerk Doerfling presented the staff report and responded to Council questions. Public participation opened at 8:13 P.M. As no one came forward to address the council on this item, public participation closed at 8:13 P.M. Action: To approve the staff recommendation to introduce and waive further reading of Ordinance No. 98-1175, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES." Motion Bowler, second Mayor Pro Tempore Benz. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton The meeting recessed at the hour of 8:15 P.M. The meeting reconvened at the hour of 8:31 P.M. 8. GREENBELT IMPROVEMENTS - APPROVAL OF PLANS AND SPECIFICATIONS. Memorandum from Public Works Department dated December 2, 1997. City Manager Burrell presented the staff report and responded to Council questions. Joe Mankawich of the Public Works Department also responded to Council questions. Public participation opened at 8:36 P.M. Coming forward to address the council on this item was: Carl Heimberger - representing Heimberger Hirsch & Associates, said that the plans called for 31 trees to be removed and 67 fifteen gallon size trees to be planted; and, said that the project included planting, hardscape, 6,000 feet of pipe for irrigation of the entire length of the Greenbelt and repair to the storm drains Public participation closed at 8:50 P.M. Action: To approve the staff recommendation to: 1.approve the construction documents for the Hermosa Greenbelt Improvement Project (CIP 96-508) as designed by estimated at $460,000 from four percent UUT Funds ; 2.authorize the advertisement for bids for the construction of the Hermosa Greenbelt Improvement Project; 3.authorize the allocation of up to $80,000 of Miscellaneous Storm Drain Project (CIP 94-301) funds for the improvement of storm drains within the Greenbelt between 8th and 11th Streets; and, with the addition of moving the irrigation controls onto the Greenbelt and providing more attractive splash guards. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. Final Action: To direct staff to explore the possibility of installing a separate conduit for future communication lines. Motion Bowler, second Oakes. The motion carried, noting the absence of Mayor Edgerton. 9. ORDINANCE REPEALING HERMOSA BEACH MUNICIPAL CODE SECTION 2.24 PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION. Memorandum from City Clerk Elaine Doerfling dated December 3, 1997. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To approve the staff recommendation to introduce and waive further reading of Ordinance No. 98-1176, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 2.24 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION." Motion Bowler, second Mayor Pro Tempore Benz. AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton 10. REPORT ON RETURNING SECTION OF VALLEY DRIVE BETWEEN HERONDO AND 2nd STREET BACK TO TWO-WAY TRAFFIC. Memorandum from City Manager Stephen Burrell dated December 4, 1997. City Manager Burrell presented the staff report and responded to Council questions. Public participation opened at 9:08 P.M. John Burt - 1152 Seventh Street, said he wanted two-way traffic on all streets in Hermosa Beach; John Hales - 624 Eighth Place, said that the traffic study that led to the one-way of south Valley Drive had occurred approximately twenty years ago; the reason had been to stop the extremely heavy inter-city traffic (Palos Verdes to El Segundo); said that traffic would be much heavier than the listed 2,000 plus trips per day if this direct link were to be opened again; and, said the increased traffic would exacerbate the problems and dangers existing at the Pier Avenue/Ardmore Avenue/Valley Drive intersection and, Dave Bull - 226 Fourth Street, said that he would like to have the traffic off of Monterey Blvd. Public participation closed at 9:20 P.M. Action: To direct staff to schedule a public hearing regarding the possible re-opening of Valley Drive to two-way traffic at Herondo. Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None 12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 13. OTHER MATTERS - CITY COUNCIL - None CITIZEN COMMENTS Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said that the Council should look at the streets east of Pacific Coast Highway; that all streets in the City should be open; and, that the Police Department should spend more time finding stolen bicycles. The City Council, en masse, serenaded the viewing public with "Chestnuts Roasting on an Open Fire" and wished everyone a Merry Christmas. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, December 9, 1997, at the hour of 9:45 P.M. to the Regular Meeting of Tuesday, December 23, 1997, at the hour of 7:10 P.M. ********************************************************************** MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, December 23, 1997, at the hour of 7:23 P.M. PLEDGE OF ALLEGIANCE - John Hales, resident ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None PRESENTATIONS: CERTIFICATES OF RECOGNITION5TH ANNUAL BEACH CITIES TOY DRIVE Mayor Edgerton commented on the success of this year's toy drive, which he said was due to a fantastic showing of civic pride and an outpouring of good will, with donations of about 3,000 toys for distribution to needy children. He said several restaurants had donated food, and several cash donations had been made, including a $1,000 donation from Hawthorne Savings. He presented a certificate of recognition to each of the following businesses and organizations commending them for their participation in this year's annual Beach Cities Toy Drive: Always Travel, Patrick Malloy's, Aloha Sharkeez, The Seeley Company, Champion Chevrolet, Manhattan Beach Bar & Grill, Russ Berrie & Co., Fat Face Fenner's Falloon, Hennessey's Bar & Grill, Downtown Bakery, Paisano's Pizza, Club Sushi, Cantina Real, Hermosa Beach Woman's Club, Hawthorne Savings Bank, Browning-Ferris Industries, and California Street Maintenance. Coming forward to receive their certificates were Jerry Costello of California Street Maintenance, Sherri Gore of Hawthorne Savings Bank, Jean Lombardo of the Hermosa Beach Woman's Club, and Chip Scholz of Browning-Ferris Industries. Councilmember Reviczky expressed gratitude as well to all of the citizens who donated toys and the 100 or so volunteers who showed up Saturday, December 20th, to wrap the gifts. He thanked the Sandpipers who brought in a load of toys, Coast Pet Clinic who brought in the toys collected through its own toy drive, and the anonymous donor of 12 brand new bicycles. He said through the efforts of everyone involved, thousands of toys were donated and had been delivered to various charitable organizations in the South Bay and beyond, including the Richstone Center, 1736 House, the Harbor Child Crisis Center, Hope Chapel, the Good Shepherd Women's Home and the Kenny Nicholson Foundation, all of whom were very grateful. He said the generosity of the community continues to overwhelm him each Christmas. PUBLIC PARTICIPATION: Coming forward to address the Council at this time were: John Hales - Hermosa Beach, homeowner since 1951, thanked the Councilmembers for all their good deeds; said his interest in City government began years ago during an election to recall three councilmembers after their firing of the city manager, the issue at the time being whether or not to have a city manager; said things have changed and the City now has a Council that acts professional and a great City staff; and Gila Katz - Hermosa Beach Police Department chaplain, said she had been asked by Councilmember Oakes to attend tonight's meeting to light the Menorah, this being the first night of Chanukah, the only holiday observed for a military victory; explained the history of Chanukah and the significance of lighting the candles over an eight-day period, and then lit the Menorah. PUBLIC HEARING: 1. ORDINANCE EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF. Memorandum from Community development Director Sol Blumenfeld dated December 11, 1997. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 7:45 p.m. As no one came forward to address the Council on this issue, the public hearing closed at 7:45 p.m. Action: To waive full reading and adopt Ordinance No. 97-1177, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, EXTENDING A MORATORIUM ON THE DEMOLITION OR MODIFICATION OF HISTORIC AND ARCHITECTURAL RESOURCES AND DECLARING THE URGENCY THEREOF," as recommended by staff. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. OTHER MATTERS Proposed Action: To agendize, for the next Council meeting, consideration of removing Commissioner Robert Aronoff from the Parks, Recreation and Community Resources Advisory Commission due to allegations that he was using his position to pursue a personal agenda. Motion Bowler. The motion died for lack of a second. Action: To form a Council subcommittee to look into the above-noted allegations pertaining to Commissioner Aronoff, to appoint Councilmembers Bowler and Reviczky to serve on the subcommittee, and to direct the subcommittee to investigate the matter and then report back to the full Council on a future agenda. Motion Mayor Edgerton, second Oakes. The motion carried by a unanimous vote. CITIZEN COMMENTS - None The City Council serenaded the viewing public with Christmas carols and wished everyone a joyous and happy holiday season. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, December 23, 1997, at the hour of 7:56 p.m., to the Regular meeting of Tuesday, January 13, 1998 at the hour of 7:10 p.m. *********************************************************************