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 City of Hermosa Beach --- 11-13-97
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:
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:
(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:
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.
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