MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 23, 1999, at the hour of 7:23 P.M.

 

PLEDGE OF ALLEGIANCE - Jane Gierlich

 

ROLL CALL :

Present: Bowler, Edgerton, Reviczky, Mayor Oakes
Absent: Benz

 

CANVASS OF VOTES AND INSTALLATION OF OFFICERS . Memorandum from City Clerk Elaine Doerfling dated November 18, 1999. Supplemental memorandum and resolution from City Clerk Elaine Doerfling dated November 23, 1999.

City Clerk Doerfling presented the staff report.

 

Action : To adopt Resolution No. 99-6036 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 2, 1999, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW ."
Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz.

 

Deputy City Clerk Naoma Valdes presented the certificate of election and administered the oath of office to newly elected City Clerk Elaine Doerfling, who thanked everyone for giving her the opportunity to continue serving the community. City Clerk Doerfling then presented the certificates of election and administered the oath of office individually to newly elected City Treasurer John Workman and winning City Council candidates Kathy Dunbabin and Sam Edgerton. The new officers thanked their families and friends for their help and support and the citizens for the confidence placed in them.

Councilmember Edgerton spoke of the dedication of former Councilmember Benz and his ability to focus on the issue and get things done, and said he would miss working with him.

Councilmember Reviczky welcomed and congratulated Council members Edgerton and Dunbabin. He said he also would miss former Councilmember Benz, noting he brought something to the table and was always prepared, which made everyone work harder, and thanked him for his service.

Mayor Oakes welcomed and congratulated the two winning Council members and said she too would miss former Councilmember Benz, saying during his eight years he was always professional, prepared and open and honest in his opinions.

 

PRESENTATION BY SUPERVISOR DON KNABE : Supervisor Knabe said he came to thank and present a plaque from the County commending Bob Benz for his years of service to the community, and to congratulate Councilmember Edgerton on his re-election and welcome Councilmember Dunbabin to the fun job of serving her community. He then spoke of issues of mutual concern, including; 1) the proposed LAX expansion, noting that he was trying to re-institute an old joint powers authority called the Southern California Regional Airport Authority in order to utilize some of the funds in the whole area to help with the independent study that South Bay cities and others want to do as oversight with regard to the LAX expansion process; 2) the isolation of funds for upgrading the Hermosa Beach Library; and 3) the isolation of funding necessary to complete the bike path project.

Councilmembers Edgerton and Bowler addressed Supervisor Knabe's comments, and thanked him for his hard work. Councilmember Reviczky and Mayor Oakes also thanked Supervisor Knabe for his valuable service to the community.

 

The meeting recessed at 7:55 P.M.
The meeting reconvened at 8:24 P.M.

 

ANNOUNCEMENTS : Councilmember Reviczky spoke of the success of the fashion show that took place at Point 705 on November 14, 1999, and thanked everyone at High Five Boutique, noting that the proceeds benefited the 7th annual Beach Cities Toy Drive. Councilmember Edgerton said the collection centers for new, unwrapped gifts would be at the Hermosa Beach and Manhattan Beach fire departments. City Manager Burrell said a bin would be placed in the City Hall parking lot tomorrow as well.

 

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were:

Parker Herriott - Hermosa Beach, suggested that the City consider joining El Segundo in its law suit pertaining to the airport expansion; said Noble Park was required to have unobtrusive lighting for safety reasons; asked the cost of and who would pay for the new light poles that will replace the old wooden poles coming down in the underground districts; asked if chimneys and deck railings could exceed the height limit; said he wrote to the City Prosecutor asking if he handled only misdemeanors, who made the decisions to prosecute, and how many and what types of cases were plea bargained; said the fire inspections of the City's bars and restaurants to determine overcrowding should not all take place on the same night (Mayor Oakes referred him to the City Manager for answers to his questions); and

Jim Lissner - Hermosa Beach, requested that items 1(a) and 1(n) be pulled from the consent calendar; asked if the Council could regularly give updates under Announcements in order to keep residents informed on the LAX issue; commented on a 58-percent increase in assaults shown in the October monthly activity police report; asked that Council set deadlines for getting agendas shown on cable and finance reports onto the internet; asked the status of the clean-up of Pacific Coast Highway.

 

Councilmember Edgerton reported on the airport issue, noting he had attended a meeting last Wednesday with the General Accounting Office of the federal government, which is taking an interest in the environmental issues of the expansion, and another meeting Friday with the Southern California Task Force at the FAA building in El Segundo. He spoke of difficulties the FAA is having with various trade associations concerning moving the loop. He said he would attend a press conference tomorrow at 9 A.M. in El Segundo to show support for the lawsuit they will file against the City of Los Angeles.

 

(b) WRITTEN COMMUNICATION

1. Letter from Jim Lissner requesting a rehearing of Item #10 of the November 9, 1999 City Council meeting regarding Sales Tax Reporting .

Coming forward to address the Council on this item was:

Jim Lissner - 2715 El Oeste, spoke to his letter.

Action: To receive and file.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

 

2. Letter from Donley Falkenstien regarding potential illegal Landscape and Street Lighting District Assessment .

City Attorney Jenkins said the requirement of Prop 218 for voter approval within two years applies to taxes, not assessments, as erroneously stated in this letter. Referring to a letter submitted two weeks ago by Jim Lissner, he said 1) the replacement of outdated equipment with more advanced equipment was clearly maintenance; and 2) senior subsidies were common and accepted at all levels of government and there was no legal requirement for a means test. In his opinion, the objections raised in the two letters were entirely without merit.

Action : To receive and file.
Motion Bowler, second Reviczky. The motion carried by a unanimous vote.

 

3. Letter from Jim Lissner regarding runoff elections, second parking structure status, funding for library, spending and revenue adjustments, zero cutoff street light, and PCH/Artesia crosswalk .

Coming forward to address the Council on this item was:

Jim Lissner - 2715 El Oeste, spoke to his letter.

Action: To receive and file.
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

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: (a) Reviczky for Jim Lissner, (g) Reviczky, (l) Edgerton, and (n) Reviczky for Jim Lissner.
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.

 

At 8:54 P.M. the order of the agenda was suspended to go to public hearing item 4.

 

(a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 9, 1999.

This item was removed from the consent calendar by Councilmember Reviczky 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, referred to item 1(b), which noted his request to have the check register on the internet; said he was more interested in having the monthly financial reports placed on the internet (City Manager Burrell said that would be an item to discuss at the goals session).

Action : To approve the minutes of the Regular meeting of November 9, 1999 as presented.
Motion Reviczky, second Bowler. The motion carried, noting the abstention of Dunbabin.

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 19286 THROUGH 19392, NOTING VOIDED CHECK NO. 19287, AND TO APPROVE THE CANCELLATION OF CHECK NO. 19077 .

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, 1999 FINANCIAL REPORTS :

(1) Revenue and expenditure report;
(2) City Treasurer's report; and
(3) Investment report.

Action : To receive and file the October 1999, Financial Reports as presented.

 

(e) RECOMMENDATION TO APPROVE THE CITY COUNCIL MEETING SCHEDULE FOR 2000 . Memorandum from City Manager Stephen Burrell dated November 3, 1999.

Action : To approve the City Council meeting schedule for 2000, as recommended by staff

 

(f) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF CLOSED CLAIM.

Memorandum from Personnel Director/Risk Manager Michael Earl dated November 10, 1999.

Claimant : McRae, Susan
Date of Loss : 08-22-99
Date Filed : 09-14-99
Damage : Personal injury due to bicycle accident

Disposition : City reimbursed claimant in amount of $600

Action : To receive and file the notice of closed claim, as recommended by staff.

 

(g) RECOMMENDATION TO ACCEPT AND APPROPRIATE TO THE COMMUNITY RESOURCES DEPARTMENT A $250 DONATION FROM THE WOMAN'S CLUB OF HERMOSA BEACH TO BE USED FOR THE ANNUAL HOLLOWEEN HOWL ACTIVITY . Memorandum from Finance Director Viki Copeland dated November 15, 1999.

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 donor.

Action : To accept the following donation and appropriate it to the Community Resources Department for the stated purpose:

• Halloween Howl   Woman's Club of Hermosa Beach - $250.

Motion Reviczky, second Bowler. The motion carried by a unanimous vote.

 

(h) RECOMMENDATION THAT THE CITY COUNCIL WAIVE PARKING FEES AND TIME LIMITS FOR THE METERS ALONG PIER AVENUE (FROM MANHATTAN AVENUE TO HERMOSA AVENUE) AND HERMOSA AVENUE BETWEEN 8TH AND 16TH STREETS, DURING THE SAND AND STRAND RUN ON SUNDAY, FEBRUARY 13, 2000 FROM 7:00 AM TO 1:00 PM. Memorandum from Community Resources Director Mary Rooney dated November 4, 1999. Supplemental flyer received November 23, 1999.

Action : To waive parking fees and time limits for the meters along Pier Avenue (from Manhattan Avenue to Hermosa Avenue) and along Hermosa Avenue between Eighth Street and 16th Street, during the Sand and Strand Run on Sunday, February 13, 2000, from 7:00 a.m. to 1:00 p.m., as recommended by staff.

 

(i) RECOMMENDATION TO RECEIVE AND FILE LIST OF REGULAR AND ONGOING CITY BOARD, COMMISSION AND COMMITTEE APPOINTIVE TERMS WHICH WILL EXPIRE DURING THE 2000 CALENDAR YEAR. Memorandum from City Clerk Elaine Doerfling dated November 16, 1999.

Action : To receive and file, as recommended by staff.

 

(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25162 FOR A 2-UNIT CONDOMINIUM PROJECT AT 515 EIGHTH STREET.

Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1999.

Action : To approve the staff recommendation to adopt Resolution No. 99-6037 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25162 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 515 EIGHTH STREET, HERMOSA BEACH, CALIFORNIA ."

 

(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 16, 1999 .

Action : To receive and file the minutes of the Planning Commission meeting of November 16, 1999.

 

(l) RECOMMENDATION TO APPROVE REQUEST FROM THE JAZZ ALUMNI CLUB MEMBERS TO USE THE PLAZA ON WEDNESDAYS FROM 4:00 PM TO 8:00 PM FOR JAZZ CONCERTS

. Memorandum from Community Resources Director Mary Rooney dated November 15, 1999.

This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting.

Community Resources Director Rooney presented the staff report and responded to Council questions.

Coming forward to address the Council on this item were:

Jim Gierlich - Hermosa Beach, spoke ;in favor of the proposal to have a series of jazz concerts on the Plaza; said the City was always well known around the country for jazz; spoke of the Lighthouse and Howard Ramsey and the jazz legacy of Hermosa Beach over the years; and
Ozzie Cadena - Hermosa Beach, spoke to the request of the Jazz Alumni Club to present free music on the Plaza for seniors and jazz enthusiasts; spoke of the jazz legacy of Hermosa Beach, the Lighthouse and performers such as Howard Ramsey; said he preferred not to have concerts limited to Wednesdays as he did not know what days performers might have available.

Proposed Action: To approve the request for jazz concerts on an as-needed basis rather than for a specific day of the week.

Motion Edgerton. The motion was withdrawn.

Action : To approve the request from the Jazz Alumni Club Members to use the Plaza on Wednesdays from 4:00 p.m. to 8 p.m. for free jazz concerts, as recommended by staff, with dates to be determined.

Motion Edgerton, second Bowler. The motion carried by a unanimous vote.

 

(m) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT EIGHTH STREET SOUTH TO THE CITY LIMITS FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 30, 2000 FOR THE SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND APPROVE EVENT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT . Memorandum from Community Resources Director Mary Rooney dated November 15, 1999. Supplemental letter from Mark Conte dated November 1, 1999.

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 Eighth Street south to the City limits for approximately 30 minutes on Sunday, January 30, 2000 for the Elite Mile Race;
2. Waive special event and film permit fees; and
3. Approve the event subject to the conditions listed in the analysis.

 

(n) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW FIRE ENGINE IN THE AMOUNT OF $290,639 (INCLUDES APPLICABLE TAX) TO PIERCE FIRE APPARATUS AND APPROVE THE TRADE-IN OF THE CROWN FIRE ENGINE TO PIERCE FIRE APPARATUS FOR THE AMOUNT OF $15,000 . Memorandum from Interim Fire Chief Julian Ysais dated November 9, 1999. Supplemental letter from Jim Lissner, 2715 El Oeste, dated November 22, 1999.

This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner for separate discussion later in the meeting.

City Manager Burrell responded to Council questions, noting that this item had been approved in the budget.

Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, spoke to the letter he had submitted.

Action: To approve the staff recommendation to:

1. Award the purchase of a new Fire Engine in the amount of $290,639 (includes applicable tax) to Pierce Fire Apparatus; and
2. Approve the trade-in of the Crown Fire Engine to Pierce Fire Apparatus for the amount of $15,000.

Motion Reviczky, second Edgerton. The motion carried by a unanimous vote.

 

(o) RECOMMENDATION TO WAIVE THE AUTOMATIC VACACY REQUIREMENT FOR ABSENCES OF PLANNING COMMISIONER CHRIS KETZ. Memorandum from Community Development Director Sol Blumenfeld dated November 18, 1999.

Action : To waive the automatic vacancy requirement for absences of Planning Commission Chris Ketz.

 

(p) RECOMMENDATION TO APPROVE REQUEST FROM BEACH CITIES CHRISTIAN FELLOWSHIP FOR WAIVER OF BUILDING PERMIT FEES IN EXCHANGE FOR PUBLIC USE OF THE PARKING LOT WEST OF ARCO STATION, AT 702 11TH PLACE . Memorandum from City Manager Stephen Burrell dated November 18, 1999.

Action : To waive the building permit fees in exchange for public use of the parking lot when not in use by the church, as recommended by staff.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(a), (g), (l), 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.

 

PUBLIC HEARINGS

4. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATIVE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE AND APPEAL OF ENCROACHMENT PERMITS OVER CITY PROPERTY . (Continued from meetings of October 12, 1999, October 26, 1999 and November 9, 1999) Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1999. Supplemental ground lease received November 23, 1999.

At 8:55 P.M., Councilmember Edgerton declared a potential conflict of interest (due to his letter of intent to rent space in the building) and left the dais and the room.

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 8:57 P.M. Coming forward to address the Council on this item was:

Jim Wellbaum - Triwell Properties, came forward with architect Larry Peha, noting they were identified in the ground lease as "Tenant"; addressed the lease document, noting they had just received it today; responded to Council questions.

The public hearing closed at 9:09 P.M.

 

Action : To approve the ground lease with the following nine conditions recommended by staff:

1. Initial ground lease rate at $21,000 per year;
2. CPI lease adjustments assessed every five years (maximum 15%, minimum 5% each assessment);
3. Ground lease escalator assessed every five years at 12.5% of the total gross rent receipts collected every five years but not less than the CPI adjusted ground lease;
4. Share of profits from sale of lease (if leasehold interest is transferred during the first five years of the term of the lease) assessed at $21,000 (first year ground lease payment);
5. Transaction fee of $1,000 or ten percent of the monthly minimum annual rent applicable to the portion of the property subject to subletting, to cover administrative and legal costs;
6. Off-site improvements consistent with the plan;
7. Exterior building finish consistent with the abutting City parking structure interior;
8. Quality of construction shown on material call outs on approved project plans;
9. Reimbursements to the City for site work (electrical and telephone conduit and sewer lateral);

Motion Bowler, second Reviczky. The motion carried, noting the absence of Edgerton.

Final Action: To approve the following additional ground lease condition recommended by staff:

1. Approve an appeal to an encroachment permit for a 2' to 6" encroachment at the second floor level of the project and related ground level encroachments shown on the plan.

Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Dunbabin and the absence of Edgerton.

Councilmember Edgerton returned to the dais at 9:15 P.M.

 

MUNICIPAL MATTERS

5. ORDINANCE TO AMEND THE BUSINESS LICENSE SECTION OF THE CODE TO EXEMPT CERTAIN DELIVERY CATEGORIES . Memorandum from Finance Director Viki Copeland dated November 16, 1999.

Finance Director Copeland presented the staff report and responded to Council questions.

Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 99-1196, entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 5.04 OF THE MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE FEES ," which would amend the business license section of the City's Municipal Code to exempt certain delivery categories that are licensed by other agencies.

Motion Edgerton, second Bowler. The motion carried by a unanimous vote.

 

At 9:18 P.M., the order of the agenda returned to item 2.

 

6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. DISCUSS FUTURE MEETING DATES FOR DOWNTOWN PLAN AND GOAL SESSION .

City Manager Burrell discussed future meeting dates.

Action : Mayor Oakes directed, with the consensus of the Council, that the scheduling of future meeting dates be deferred until January, 2000, and that the City Manager return with potential meeting dates.

 

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

1. VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION, COMMUNITY RESOURCES ADVISORY COMMISSION - UNEXPIRED TERM ENDING JUNE 30, 2001. Memorandum from City Clerk Elaine Doerfling dated November 15, 1999.

City Clerk Doerfling presented the staff report and responded to Council questions.

Action : To direct City Clerk to advertise the vacancy with a newspaper publication and normal posting procedures, as has been standard practice in the past, inviting applications from persons interested in being appointed to fill the unexpired term ending June 30, 2001, and to report at the January 11, 2000, meeting on the number of applications received and the scheduling of an interview meeting prior to the regular meeting of January 25, 2000.

Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

8. OTHER MATTERS - CITY COUNCIL - None

 

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach, California, adjourned on Tuesday, November 23, 1999, at the hour of 9:50 P.M. to the Regular Meeting of Tuesday, December 14, 1999.

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