City of Hermosa Beach --- 03-09-99


MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 9, 1999, at the hour of 7:10 P.M.


PLEDGE OF ALLEGIANCE - Nick Tchirkow


ROLL CALL:

Present: Bowler, Reviczky, Mayor Pro Tempore Oakes,

Absent: Edgerton (arrived at 7:20 P.M.), Mayor Benz (arrived at 7:45 P.M.)


MAYOR'S COMMENTS/ANNOUNCEMENTS - Mayor Pro Tempore Oakes announced that tonight's meeting would be adjourned in memory of Laurie Duke, former City Manager's secretary and 21 year City employee, who died after a prolonged illness of cancer. Ms. Oakes expressed the Council's deepest condolences to the family.


Councilmember Bowler announced the Fifth Annual Saint Patrick's Day Parade and Festival that will be held this Saturday, March 13, 1999. Mr. Bowler said that the Festival would start downtown at 10:00 A.M. and the Parade would follow the same route down Pier Avenue from Valley Drive to Hermosa Avenue and then to Eighth Street.


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, questioned the amount of money that the City has spent on litigation on the Macpherson Oil Project (City Manager Stephen Burrell said that it was $24,210); and questioned check no. 16535 for $33,523 (City Manager Burrell said that it was a binding arbitration award.);

David Hunt - 832 Hermosa Avenue, Easy Reader reporter for Hermosa Beach, said that he was being reassigned to cover Redondo Beach in the future and said that it had been a joy to report on Hermosa Beach for the past three years;

Randy Fortunato - Bottle Inn owner, said that the silver-poled parking meters near his restaurant had recently been changed to a two-hour limit that did not allow his patrons to complete a leisurely meal; asked the Council to reconsider its policy as ticketed patrons would not come back (City Manager Burrell said that staff would research the issue and bring it back to Council.); and,

Dave (name indistinct) - 224 Monterey Blvd., complained that there was still too much traffic on Monterey; said that the turn restrictions only cut down traffic in the mornings.


(b) COUNCIL COMMENTS: Councilmember Edgerton arrived at 7:20 P.M. and questioned if the parking area behind the former school building at South Park could be made usable, and if the building could be used for school related classes or activity. Councilmember Reviczky agreed with the suggestion. Asked to comment, Community Resources Director Mary Rooney suggested that City Attorney Michael Jenkins be asked to give an opinion on allowable uses for the building. City Manager Burrell said that staff would research the issues and report back.


  1. SEQ OL0_0 1 . WRITTEN COMMUNICATION:


1. Letter from the Hermosa Beach Chamber of Commerce dated March 2, 1999 requesting that the City Council formally oppose the proposed ordinance to regulate beach use and temporary events known as the "Coastal Conservation Act".


Coming forward to address the Council on this item were:

Dick McCurdy - Sister City Association President, urged the Council to officially oppose the proposed initiative; said that he supported the Chamber of Commerce position; said that community groups donated their time, talent and resources and that they needed the fund raising events that allowed them to contribute; and, said that this initiative raised First Amendment questions;

Jean Lombardo - Woman's Club President, spoke of the charitable contributions made by the organization made possible by fund raising events held within the coastal zone; said that the proposed initiative would make it too cumbersome and costly to continue;

J. Travers Devine - Saint Patrick's Day Weekend Co-chair, said that the proposed initiative was not a conservation of the coast but the destruction of community events; said that the City relied on the small businesses for revenue and the small businesses needed family events;

Abel Ybarra - Aloha Days Chairman, said that he supported the Chamber of Commerce position; said that many of the items contained in the proposed initiative were costly to the City, and redundant as ocean water testing was already being done by other organizations

Earl Feys - with Project Touch, said that the proposed initiative was not a good idea and that he supported the Chamber of Commerce position; and,

Greg Ronkaninen - Kiwanis Club President, said that he supported the Chamber of Commerce position.


Action: To receive and file the letter.

Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz.


Mayor Benz arrived at 7:45 P.M.


Action: To suspend the order of the agenda to go to item 6 which contained a staff report on the proposed initiative.

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


At 7:45 P.M. the order of the agenda was suspended to go to item 6, dealing with the same subject.


2. Letter from Wally Azbill dated March 2, 1999 regarding violations of construction rules at sites on Amby Place.


Coming forward to address the Council on this item were:

Shirley Cassell - Hermosa Beach, said that the issue of contractors damaging adjacent property has arisen before and the City should have laws and enforcement to see that restitution is made; and,

Wally Azbill - 2821 Amby Place, said that Amby Place was a small street that currently had four families in residence and two large homes under construction; said that construction workers clogged the street with as many as twenty cars and left large amounts of debris; said it had not had a street sweeper for over a year and a half when construction began.


Action: Mayor Benz directed, with the consensus of the Council, that staff determine what type of relief could be granted to the residents.


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: (j) Oakes.

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 8:03 P.M. the order of the agenda was suspended to go to the hearings, starting with item 4.


(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1. Minutes of the Regular Meeting held on February 23, 1999.


Action: To approve the minutes of the Regular Meeting of February 23, 1999, as presented.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16399 THROUGH 16584, NOTING VOIDED CHECK NO. 16447, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 16131 AND 16571 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 SET WORKSHOP DATES OF MONDAY, MAY 24TH AND MONDAY, JUNE 7TH AT 7:10 P.M. FOR REVIEW OF THE 1999-00 BUDGET. Memorandum from Finance Director Viki Copeland dated February 24, 1999.


Action: To approve the staff recommendation to set workshop dates of Monday, May 24th and Monday, June 7th at 7:10 P.M. for review of the 1999-00 budget.


(e) RECOMMENDATION TO ADOPT RESOLUTION TO AUTHORIZE THE RELEASE OF FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) TO THE COUNTY OF LOS ANGELES. Memorandum from Police Chief Val Straser dated February 22, 1999.


Action: To approve the staff recommendation to:

  1. Authorize the decline of funds directly made available through the Juvenile Accountability Incentive Block Grant (JAIBG) program administered by the Office of Criminal Justice Planning to the County of Los Angeles. The amount of funds is $7,245.00;
  2. waive the City's right to its entire direct sub-grant award and authorize the funds to be expended by the County of Los Angeles for the purposes of hiring a deputy District Attorney for the vertical prosecution of juvenile offenders in Inglewood Juvenile Court; and,
  3. adopt Resolution No. 99-5968, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE RELEASE OF FUNDS AVAILABLE UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBG) TO THE COUNTY OF LOS ANGELES."


(f) RECOMMENDATION TO AMEND EXISTING JANITORIAL SERVICE AGREEMENT TO INCLUDE MID-DAY SERVICE AND SEVEN-DAY SERVICE AT THE COMMUNITY CENTER AND JAIL AREAS. Memorandum from Public Works Director Harold Williams dated March 1, 1999.


Action: To approve the staff recommendation to authorize the City Manager to amend the existing Janitorial Service Agreement as approved at the Mid-Year Budget Review for seven-day per week cleaning at the Community Center, Clark Building and the jail area for a total janitorial cost of $7,250 per month.


(g) RECOMMENDATION TO AWARD BID FOR INSTALLATION OF A UTILITY BED ON A FORD F250 PICK-UP TRUCK TO PACIFIC TRUCK EQUIPMENT, INC. FOR $8,868.00. Memorandum from Public Works Director Harold Williams dated March 2, 1999.


Action: To approve the staff recommendation to award the bid for installation of a utility bed on a Ford F250 Pick-up Truck to Pacific Truck Equipment, Inc. for $8,868.00.


(h) RECOMMENDATION TO ADOPT A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT DURING FISCAL YEAR 1999-00. Memorandum from Public Works Director Harold Williams dated March 2, 1999.


Action: To approve the staff recommendation to adopt Resolution No. 99-5969, 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, OF CHAPTER 1 OF THE "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF STREET AND SIDEWALK LANDSCAPING, AND LIGHTING AND APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND ENDING JUNE 30, 2000."


(i) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE SOUTH BAY FREE CLINIC FOR THE USE OF ROOMS 7 & 11 IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated March 3, 1999.


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 Rooms 7 and 11 in the Community Center at a rate of $1,470 per month (1,500 sq.ft. X $.98 per sq.ft.) from April 1, 1999, through June 30, 1999, and $1,545 per month (1,500 sq.ft. X $1.03 per sq.ft.) from July 1, 1999 through March 30, 2000, for a total rental income of $18,315; and,

2) authorize the Mayor to sign the lease.



  1. (j) RECOMMENDATION TO APPROVE THE CALL FOR BIDS FOR CIP 97-182 & CIP 97-183, MYRTLE AVENUE AND LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT. Memorandum from Public Works Director Harold Williams dated March 2, 1999.


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


Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.


Action: To approve the staff recommendation to:

  1. Approve the call for bids, noting that the City will be reimbursed for its expenses through the levy of assessments on the district once the assessment district is formed; and
  2. Instruct the City Clerk to post a Notice Inviting Sealed Bids for said project.

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


(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 2, 1999.


Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 2, 1999.


(l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24968 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 125 - 4TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 2, 1999.


Action: To approve the staff recommendation to adopt Resolution No. 99-5970 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24968 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 125 4TH STREET, HERMOSA BEACH, CALIFORNIA."


2. CONSENT ORDINANCES - None


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Item 1(j) 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


HEARINGS


4. PERMANENT RETENTION OF OPERATIONAL IMPROVEMENTS ON SIXTH STREET, WEST OF PACIFIC COAST HIGHWAY. Memorandum from Public Works Director Harold Williams dated February 16, 1999.


Councilmember Reviczky declared a potential conflict due to living within the area and left the dais and the room at 8:03 P.M.


Public Works Director Williams presented the staff report and responded to Council questions.


The hearing opened at 8:09 P.M. Coming forward to address the Council on this item were:

Ed Ruzak - City Traffic Engineer, said that one form of traffic control was access control and that the barriers provided this access control; said the primary concern was the safety of the residential neighborhood from the large lumber trucks exiting Learned Lumber;

Scott Alden - 646 Sixth Street, urged the Council to erect the barriers on a permanent basis as a safety measure for the neighborhood children;

Nick Tchirkow - 633 Sixth Street, said that he felt much safer now that the barriers were up; asked that the barriers remain for the safety of the neighborhood children, such as himself;

Donna Tchirkow Jackson - 633 Sixth Street, said that the street has become safer as a result of the barriers; questioned how children's safety could be compared to convenience of shoppers;

(name indistinct) - store manager for cleaners, said that the store's customers have said that the barriers makes it very inconvenient for them; asked if there could be signs banning trucks over 3,000 pounds; and, submitted a letter from a customer;

Francis Nolan - 658 Sixth Street, said that he had lived on the street for 42 years and had seen the change in the traffic from the commercial area; asked that the barriers remain up;

Cynthia Kinney - 635 Sixth Street, thanked the Council and said that the six-month trial had been very successful; asked that the barriers be made permanent;

Danny (name indistinct) - cleaners, said that there had been an 80 percent increase in traffic to Fifth Street;

Cynthia (name indistinct) - 650 Sixth Street, said that Sixth Street still took 100 percent of the eastbound traffic; said that she thought the compromise was fair;

Andre Sharp - 618 Sixth Street, spoke of former heavy truck traffic and in favor of keeping the barricades up;

David Cohn - 631 Sixth Street, said that the heavy truck traffic had abated and asked that the barriers remain up;

Nancy Reviczky - 600 Ardmore Avenue, asked for a balance between the residential neighborhood and the heavy commercial trucks from Learned Lumber; asked that the barricades remain up;

Woman (name indistinct) - 618 Sixth Street, spoke in favor of keeping the barricades up;

Larry Taggart - 655 Sixth Street, said that the barricades were a big improvement;

Seena Sharp - 618 Sixth Street, spoke in favor of keeping the barricades up;

Jackie Torfin - 659 Sixth Street, spoke in favor of keeping the barricades up;

Jim Danielson - Eighth Place, said the barricade was inconvenient and that his street would like a barricade as well;

Stephen Kinney - 635 Sixth Street, said that the barriers were a matter of safety and not just convenience;

Margaret MacDonald - 650 Sixth Street, said that all cities have diversions to keep Pacific Coast Highway or other main thoroughfare traffic from intruding into residential neighborhoods; questioned why Hermosa Beach should be different;

Richard Alcala - 638 Sixth Street, said that he had purchased his house because of the barricades and the safety they provided to his children; and,

Theresa Alden - 646 Sixth Street, thanked the Councilmembers for the barriers and for their concern for the safety of the neighborhood children.


The hearing closed at 8:36 P.M.


Proposed Action: To approve the staff recommendation to:

  1. Retain the existing raised barricade channelizing 6th Street, west of Pacific Coast Highway (PCH); and
  2. Retain 6th Street as a short section of a one way street between 125 and 145 feet west of Pacific Coast Highway.

Motion Bowler, second Oakes. The motion failed, noting the dissenting votes of Edgerton and Mayor Benz, and the absence of Reviczky. There was no further action taken.


Councilmember Reviczky returned at 8:52 P.M.


5. PERMANENT RETENTION OF OPERATIONAL IMPROVEMENTS ON THIRD STREET, EAST OF PACIFIC COAST HIGHWAY AND OCEAN VIEW AVENUE, BETWEEN 3RD AND 4TH STREETS. Memorandum from Public Works Director Harold Williams dated February 17, 1999.


Public Works Director Williams presented the staff report and responded to Council questions. Ed Ruzak, City Traffic Engineer, also responded to Council questions.


The hearing opened at 9:05 P.M. Coming forward to address the Council on this item were:

Richard Duarte - 929 Third Street, said that he was opposed to closing off Ocean View; expressed concerns about emergency vehicle access and did not see the need for a park;

Rebecca Duarte - 929 Third Street, said that it was difficult to turn left onto Third Street from Pacific Coast Highway during early morning or afternoon peak traffic hours and dangerous because of the small left turn pocket; said it was safer to use the light at Fifth Street and turn on Ocean View to Third Street, but with the barricade she would be forced to turn the wrong way onto Third Street from Hopkins to get home;

Janet Taranto - 906 Third Street, said that she was speaking for four other residents who had to leave before the item was heard; said that all of the residents are as inconvenienced as the previous speakers, but they drive around the block and make a right turn onto Third Street; said that the traffic problem had improved since the barriers had gone up;

Ellen Murphy - 843 Third Street, said that Ocean View was not a legal street, that it appeared as a lot on City maps;

Paul Bario - 402 Ocean View, thanked the Council for erecting the barrier and spoke in support of putting a small park there;

John Scanlon - 915 Third Street, said that he supported his neighbors; and,

Gene Taranto - 906 Third Street, spoke in favor of the barriers and of a small park at that location.


The hearing closed at 9:30.P.M.


Action: To approve the staff recommendation to:

  1. Retain the existing raised barricade channelizing 3rd Street, east of Pacific Coast Highway (PCH);
  2. Retain 3rd Street as a two way street between PCH and 120 feet east of PCH; and
  3. Retain the closure of Ocean View Avenue between 3rd and 4th Street.

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


Final Action: To return with an item that explores making Third Street two-way up to Hopkins.

Motion Edgerton, second Mayor Benz. The motion carried noting the dissenting votes of Oakes and Reviczky.


MUNICIPAL MATTERS


6.PROPOSED BALLOT INITIATIVE - COASTAL CONSERVATION ACT. Memorandum from Community Resources Director Mary Rooney dated February 24, 1999. Supplemental information from Community Resources Department replacing page four of the grid, received March 9, 1999.


Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions and said that any person could submit a proposed initiative measure and that after receiving a title, summary and publication record, that person could circulate the petition for 180 days for signature of ten percent of the registered voters. Mr. Jenkins continued that while the petition is being circulated the City and staff could say or do anything, however once the petition qualifies the rules and regulations become more stringent on what may be said and that no City funds may be spent in opposition or support of the proposed measure.


Action: To receive and file the report and to direct staff to return with a Resolution opposing the proposed initiative.

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


At the hour of 7:54 P.M. the order of the agenda was returned to item (c)2.


7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. PROPERTY TAX RETURN - AB304 (WILDMAN). Memorandum from City Manager Stephen Burrell dated March 3, 1999.


City Manager Burrell presented the staff report and responded to Council questions.


Action: To approve the staff recommendation to authorize the City Manager to write a letter expressing the Council's support for AB304 and to direct staff to track the bill as it moves through the legislative process.

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


b. VEHICLE REGISTRATION SURCHARGE - SB98 (ALARCON) Memorandum from City Manager Stephen Burrell dated March 3, 1999.


City Manager Burrell presented the staff report and responded to Council questions.


Action: There was no action taken on this item as opposition was expressed by Councilmembers Edgerton and Oakes and by Mayor Benz.


8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None


9. OTHER MATTERS - CITY COUNCIL


Requests from Council members for possible future agenda items:


Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight.


a. Request from Councilmember Oakes for consideration of adding parking restrictions on Valley Drive from Gould Avenue to 25th Street.


Councilmember Oakes spoke to her request.


Action: To direct staff to research the issue of prolonged parking of recreational vehicles on City streets and return to Council with possible solutions.

Motion Oakes, second Bowler. The motion carried, noting the dissenting vote of Mayor Benz.


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:


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.


  1. SEQ OL0_7 1 . CONFERENCE WITH LEGAL COUNSEL: Existing Litigation: Pursuant to Government Code Section 54956.9(a)


Name of Case: Gigliotti v. City of Hermosa Beach

Case Number: YC029195


ADJOURN TO CLOSED SESSION - The Regular Meeting of the City March 9, 1999, at the hour of 10:05 P.M. to a closed session.


RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:15 P.M. At the hour of 10:40 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 memory of former City employee Laurie Duke on Tuesday, March 9, 1999, at the hour of 10:40 P.M. to the Regular Meeting of Tuesday, March 23, 1999, at the hour of 7:10 P.M.


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