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 City of Hermosa Beach -- 03-11-97
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:
(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:
(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:
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:
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. |
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