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 City of Hermosa Beach --- 01-12-99
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 12, 1999, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Mayor Mike Gordon, El Segundo
ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Mayor Benz wished a Happy New Year to all.
Councilmember Reviczky reported that 1998 was the best year ever for the Beach Cities Toy Drive and thanked the community and all of the people who donated toys and helped in wrapping them. Mr. Reviczky recounted distributing one of the toy loads and said that it was among the most rewarding things that he could remember doing. He then read from letters received from two of the organizations to whom toys were given for distribution: Hope Chapel and Good Shepherd Shelter.
Councilmember Reviczky commended the Police Department for its ten-second response time to a robbery at Union Bank in Ralph's Grocery, 1100 Pacific Coast Highway, on December 7, 1998. Mr. Reviczky said that three of the suspects in the robbery had been apprehended by Sergeant Bohlin, motorcycle officer, on the motorcycle donated by the Woman's Club of Hermosa Beach and again thanked the Woman's Club for its generosity contributing to the safety of the citizens.
Doris Nicholson, representing the Kenny Nicholson foundation, came forward to present a collage of some of the children receiving toys from the Toy Drive. Ms. Nicholson thanked the City, the Fire Department and the community for the generosity shown this year and in the past.
PROCLAMATIONS/PRESENTATIONS:
PRESENTATION FROM MIKE GORDON, MAYOR OF EL SEGUNDO, TO ADOPT THEIR RESOLUTION REGARDING A REGIONAL APPROACH TO EXPANSION OF LAX.
Mike Gordon, Mayor of El Segundo, made a presentation to the Council regarding the need for a regional airport plan for the Southern California area, rather than the extraordinary expansion planned for Los Angeles International Airport (LAX).
Mr. Gordon presented information to show that there were eleven other airports within the area that could be utilized, many within the areas of highest projected growth for both population and jobs, for expansion to absorb the need for additional expansion at LAX.
Mayor Gordon said that the City of El Segundo had appropriated 1.2 million dollars to fight the expansion of LAX and introduced the City's consultant, Dennis Zane, whose firm was working to produce information on the regional airport plan. He asked the Council to support the fight against the projected doubling of the size of LAX in the coming years.
Action: To adopt Resolution No. 99-5951, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A RESOLUTION CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA." Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.
El Segundo Mayor Pro Tempore Sandra Jacobs thanked the Council for running the parking shuttle late at night as her daughter works at Hennessey's and can utilize the shuttle rather than being on the streets after work.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Roger Bacon - 1100 Pacific Coast Highway, requested that the Council approve a "Surfer's Walk of Fame" that would memorialize the pioneering surfing giants of our area; asked that banners be allowed across Pacific Coast Highway to raise funds for bronze surfboards (gestured with his hands held two feet apart) that could be embedded with historic surfer's names; John Joseph - spoke of the necessity for this type of surfing Walk of Fame to inspire the young surfers of today; said that hundreds of people with whom he had talked all approved; and, Abel Yberra - Aloha Days founder, said that Hermosa Beach was the surfing capital of the world in the 1960s and 1970s and this would give Hermosa the recognition that it deserves.
Action: To agendize this item and direct that it come back for the meeting of January 26, 1999, with drawings and schematics. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
(b) COUNCIL COMMENTS: None
1) Letter from Danny Farshadfar dated December 10, 1998, regarding street closure to westbound traffic on 6th Street, 110 feet west of Pacific Coast Highway, having an adverse effect on business. City Manager Stephen Burrell said that this item was scheduled to come back in March for City Council evaluation.
Action: To receive and file the letter and attached petition. Motion Mayor Benz, second Edgerton. The motion carried, noting the abstention of Reviczky.
2) Letter from John Hales dated December 13, 1998, regarding Mayor Benz' statements to the Daily Breeze on December 13, 1998.
Coming forward to address the Council on this item was: John Hales - 642 Eighth Place, spoke to his letter; disagreed with Mayor Benz regarding the propriety of the statements made by Mr. Benz.
Action: To receive and file the letter. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky and (h) Edgerton. 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.
At 8:16 P.M. the order of the agenda was suspended to go to the hearing, item 4.
Action: To approve the minutes of the, Regular meeting held on November 24, 1998, the minutes of the Regular meeting held on December 8, 1998, and the minutes of the Regular meeting held on December 22, 1998 as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15652 THROUGH 16054 INCLUSIVE, NOTING VOID CHECK NO. 15859, AND TO APPROVE CANCELLATION OF CHECK NO.15627 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, 1998, FINANCIAL REPORTS:
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors.
Action: To approve the staff recommendation to accept the following donations given to the Community Resources department:
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
(f) RECOMMENDATION TO DENY CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR AND NOTICE OF CLOSED/ RESOLVED CLAIM. Memorandum from Personnel Director/Risk Manager Michael Earl dated January 4, 1999
Action: To approve the staff recommendation to deny the following claim and refer it to the City's Liability Claim Administrator: Claimant: Prichard, Jeanette F. Date of Loss: 07/10/98 Date Filed: 12/23/98 Allegation: Claimant alleges trip and fall on city sidewalk caused personal injury. And, noting that the City has resolved the following claim within the authority previously provided by the City Council Claimant: Boyd, Kit Date of Loss: 05/27/97 Date Filed: 11/24/97 Disposition: Case settled with award of $62,500.
Action: To approve the staff recommendation to approve $16,650 to Gillis & Associates for additional design work required in the Council Chamber remodel on CIP 95-622.
(h) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR MONTEREY BLVD. STREET IMPROVEMENTS (CIP NO. 98-142) Memorandum from Public Works Director Harold Williams dated January 4, 1999.
This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.
Public Works Director Williams presented the staff report and responded to Council questions saying the construction would be from Pier Avenue north to 19th Street. City Manager Burrell also responded to Council questions.
Action: To approve the staff recommendation to:
Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote.
(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM PARKS AND RECREATION AND COMMUNITY RESOURCES ADVISORY COMMITTEE MEETING OF DECEMBER 1, 1998. Memorandum from Community Resources Director Mary Rooney dated December 1, 1998.
Action: To approve the staff recommendation to receive and file action minutes from Parks and Recreation and Community Resources Advisory Committee meeting of December 1, 1998.
(j) RECOMMENDATION FOR COUNCIL TO WAIVE PARKING FEES AND TIME LIMITS FOR THE METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE) DURING THE SAND AND STRAND PARKING RUN ON SUNDAY, FEBRUARY 14, 1999. Memorandum from Community Resources Director Mary Rooney dated December 17, 1998.
Action: To approve the staff recommendation to waive parking fees and time limits for the meters
during the Sand and Strand Run on Sunday, February 14, 1999, from 7:00 A.M. until 1:00 P.M.
(k) RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH EXPIRE DURING THE 1999 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated December 30, 1998.
Action: To approve the staff recommendation to receive and file the list, prepared and posted by the City Clerk pursuant to State law, of all regular and ongoing Hermosa Beach board, commission and committee appointive terms which will expire during the 1999 calendar year.
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 - None
HEARING
Public Works Director Williams presented the staff report and responded to Council questions saying that the retention of the turn restrictions was approved by both the Traffic Engineer and the Chief of Police. City Manager Burrell also responded to Council Questions.
The hearing opened at 8:22 P.M. As no one came forward to address the Council on this item, the hearing closed at 8:22 P.M.
Action: To approve the staff recommendation to retain the existing turn restrictions at the Monterey Boulevard and Herondo Street intersection. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Mayor Benz.
Final Action: To direct staff to return on a future agenda with a public hearing item regarding the issues involved with the possibility of re-opening of Valley Drive to two-way traffic. Motion Bowler, second Edgerton. The motion carried, noting the dissenting vote of Reviczky.
At the hour of 8:35 P.M. the order of the agenda was returned to item 2.
MUNICIPAL MATTERS
Fire Chief Bonano presented the staff report and responded to Council questions.
Action: To waive full reading and introduce Ordinance No. 99-1189 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 88-932 RELATING TO FIRE FLOW FEES.", that amends Exhibit "A" of Ordinance No. 88-932, by deleting the current item 5 and replacing with the following: "5. FIRE ADMINISTRATIVE OFFICES; FIRE STATIONS; FIRE TRAINING FACILITIES; FIRE COMMUNICATION CENTERS; AND FIRE MAINTENANCE CENTERS." Motion Reviczky, second Bowler.
AYES: Bowler, Edgerton, Oakes, Reviczky, NOES: Mayor Benz
The meeting recessed at the hour of 9:00 P.M.
The meeting reconvened at the hour of 9:22 P.M., noting the absence of Councilmembers Edgerton and Reviczky, both of whom refrained from returning due to a potential conflict of interest on item 6.
6. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA MOTEL. Memorandum from City Clerk Elaine Doerfling dated January 4, 1999.
City Clerk Doerfling presented the staff report and responded to Council questions.
Proposed Action: To approve alternative number 2: to immediately order a Special Election, to be held not less than 88 or more than 103 days after the date of the order, at which the ordinance, without alteration, shall be submitted to a vote of the people. Motion Bowler. The motion died due to the lack of a second.
Coming forward to address the Council on this item was: Kurt Nelson - JCC Homes, proponent of the initiative, requested an opinion from the City Attorney regarding the Council options; said that he hoped the election could be called as soon as possible.
City Attorney Michael Jenkins responded that the options presented by the City Clerk were correct, that if the date for a Special Election would fall within 180 days of a Regular Election then the Special Election could be consolidated with the Regular Election.
Action: To approve alternative number 3: to order a report, pursuant to Section 9212, to be returned to Council on the regular meeting of February 9, 1999, within the allowable 30 days, to ascertain:
Motion Mayor Benz, second Oakes. The motion carried, noting the dissenting vote of Bowler.
Councilmembers Edgerton and Reviczky returned to the dais at the hour of 9:45 P.M.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
RECOMMENDATION TO DIRECT CITY MANAGER TO EXPRESS CONCERN ABOUT MANDATORY SOCIAL SECURITY AND THE BURDEN IT WILL PLACE ON GENERAL FUNDS OF THE CITY. Memorandum from City Manager Stephen Burrell dated December 28, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Motion: To direct the City Manager to write a letter to express the Council's concern about the mandatory Social Security requirement and the possible $750,000 burden it could place upon the City. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None
9. OTHER MATTERS - CITY COUNCIL:
Requests from Council members for possible future agenda items:
Councilmember Oakes asked for a method to provide better quality control over Public Works projects, citing unsightly construction on the Greenbelt.
Councilmember Reviczky asked that some type of curb be installed on Valley Drive, where the Farmer's Market is located, to protect the new sprinklers on the Greenbelt from damage.
Councilmember Edgerton said that it had been a great New Year's Eve and thanked Mary Rooney for her work.
CITIZEN COMMENTS: None
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Pursuant to Government Code Section 54956.9(b).
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957.8. Title: City Manager
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 12, 1999, at the hour of 10:00 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:05 P.M. At the hour of 10:25 P.M. the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS: By a unanimous vote of the Council, the City Attorney was directed to initiate litigation pursuant to government Code Section 54956.9(c).
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 12, 1999, at the hour of 10:25 P.M. to the Regular Meeting of Tuesday, January 26, 1999, at the hour of 7:10 P.M.
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