City of Hermosa Beach --- 03-10-98


MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 10, 1998, at the hour of 7:15 P.M.


PLEDGE OF ALLEGIANCE - Matt Gage, AVP


ROLL CALL:

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

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmembers Reviczky and Bowler reminded the residents of the Fourth Annual St. Patrick's Day Parade that will be held on Saturday, March 14, 1998, starting at 11:00 A.M. at Valley Drive and Pier Avenue and continuing west on Pier to Hermosa Avenue then south to Eighth Street, with food and entertainment in the downtown area for the remainder of the day.


PROCLAMATION:


MEDIATION WEEK MARCH 15-21, 1998


Mayor Edgerton read the Proclamation urging mediation between disputing persons, families, or businesses and presented the Proclamation to Carol Lebental of the Southern California Mediation Council, who thanked the Council.


CLOSED SESSION REPORT FOR MEETING OF FEBRUARY 24, 1998: No reportable actions .


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, spoke regarding closed session item, Loreto Plaza; said that public land was being used for the two directories and requested that they be removed; objected to the lease of air rights over the property; and, questioned why Mayor Edgerton had not had his laptop computer at the last three meetings;

John Hales - 642 Eighth Place, spoke regarding the death of Joe Noble last week-end; said that he had known Mr. Noble for many years, had served with him on the Planning Commission, and had always found him to be a very generous person and a strong supporter of the City of Hermosa Beach (The Council wished to adjourn the meeting in Mr. Noble's memory);

Laura Guneau - 527 25th Street, spoke to her letter, Item b(1), regarding the lack of sidewalks on the Valley portion of 25th Street; spoke of traffic problems, the danger to young children, of two recent accidents and of poor visibility; asked that the policy be consistent (action shown with the item for clarity); and,

Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter, Item b(2), said that all of the banners have been paid for and the bank account showed a figure of $17,529.80 including interest; said that he would like to continue the program until the end of the year in order to collect sufficient funds to ensure the repair of the Vetter Windmill; said that any funds over the amount needed for the repairs could be used for beautification of Pacific Coast Highway (action shown with the item for clarity).


(b) COUNCIL COMMENTS: None


(c) WRITTEN COMMUNICATION:


1. Letter from Laura Guneau received February 17, 1998, requesting sidewalks on 25th Street between Valley and Park.


Action: To receive and file the letter with the suggestion to Ms. Guneau that she bring a petition to the Council if there is a consensus of her neighbors and the residents of 25th Street requesting that sidewalks be required.

Motion Mayor Edgerton, second Robert Benz. The motion carried by a unanimous vote.


2. Letter from Roger Bacon dated March 4, 1998, requesting to address the City Council regarding the Vetter Windmill Restoration Fund and the restoration of the Vetter Windmill.


Action: To place this item on the agenda of the regular meeting of March 24, 1998, in order to hear Mr. Bacon's request for an extension of time (until the end of the year) for banners to be hung to raise additional money for the windmill restoration.

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


1. CONSENT CALENDAR:


Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (f) Bowler and (j) Benz.

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 7:39 P.M. the order of the agenda was suspended to go to the public hearing starting with item 4.


(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:


1) Minutes of the Regular Meeting of February 24, 1998 .


Action: To approve the minutes the Regular Meeting of February 24, 1998 as presented.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12979 THROUGH 13086 INCLUSIVE, NOTING VOIDED CHECK NO. 12996, AND TO APPROVE CANCELLATION OF CHECK NO. 13008 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 CHANGE ONE OF THE BUDGET WORKSHOP DATES FROM MAY 28, 1998 TO MAY 21, 1998. Memorandum from Finance Director Viki Copeland dated March 2, 1998.


Action: To approve the staff recommendation to change one of the Budget Workshop dates from May 28, 1998, to May 21, 1998.


(e) RECOMMENDATION TO APPROPRIATE $100 ANONYMOUS DONATION AND $500 DONATION FROM THE EVENING DIVISION OF THE HERMOSA BEACH WOMAN'S CLUB TO THE POLICE DEPARTMENT TO BE USED FOR THE PURCHASE OF MOTORCYCLE EQUIPMENT. Memorandum from Finance Director Viki Copeland dated March 1, 1998.


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 appropriate $100 anonymous donation and $500 donation from the Evening Division of the Hermosa Beach Woman's Club to the Police Department to be used for the purchase of motorcycle equipment.

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


(f) RECOMMENDATION TO APPROVE THAT THE ANNUAL PERMIT FEE OF $321.00 SHALL BE COLLECTED PER TAXICAB OR AUTO FOR HIRE AND AMEND RESOLUTION TO INSERT THE WORD "VEHICLE". Memorandum from Police Chief Val Straser dated March 2, 1998.


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


Police Chief Straser presented the staff report and responded to Council questions.


Action: To approve the staff recommendation to approve that the Annual Permit Fee of $321.00 shall be collected per taxicab or auto for hire and amend Resolution No. 98-5905 to insert the word "vehicle" for clarification.

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


(g) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated February 24, 1998.


Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator :

Claimant: Howard, Brent

Date of Loss: August 11, 1997

Date Filed: February 9, 1998

Allegation Claimant alleges improper and excessive force during arrest caused injury


(h) 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 February 23, 1998.


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 & 11 in the Community Center at a rate of $1,395 per month (1,500 sq.ft. X $.93 per sq.ft.) from April 1, 1998 through March 31, 1999, for a total rental income of $16,740; and,

2) authorize the Mayor to sign the lease.


(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 18, 1998.


Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of February 18, 1998.


(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24778 FOR TWO 2-UNIT CONDOS AT 609 & 613 30TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated March 4, 1998.


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


Community Development Director Blumenfeld and City Manager Burrell responded to Council questions.


Action: To adopt Resolution No. 98-5906, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24778 FOR TWO TWO-UNIT CONDOMINIUM PROJECTS LOCATED AT 609 - 613 30TH STREET, HERMOSA BEACH, CALIFORNIA."

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


2. CONSENT ORDINANCES


(a) ORDINANCE NO. 98-1180- "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW PART 5.72 THERETO, AND REVISING REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS." Memorandum from City Clerk Elaine Doerfling dated February 26, 1998. Supplemental memorandum from City Clerk Elaine Doerfling requesting approval to publish a summary of the Ordinance due to its 19 page length.


Action: To waive full reading and adopt Ordinance No. 98-1180, with direction to the City Attorney to prepare a summary of the Ordinance for publication .

Motion Reviczky, second Oakes.


AYES: Bowler, Oakes, Reviczky, Mayor Edgerton

NOES: Benz


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Items 1(e), (f), and (j) 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. STRAND BENCH PROGRAM. Memorandum from City Manager Stephen Burrell dated March 4, 1998.


City Manager Burrell presented the staff report and responded to Council questions saying that there were 21 potential locations for benches with the number, cost and design a consideration that could be discussed during budget workshops. Mr. Burrell also said that a program to accept private donations could be established, with the property owners of each street providing consensus for the type of bench, the placement of the bench and funding if desired.


The public hearing opened at 7:45 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:45 P.M.


Action: To direct staff to develop a proposal and return to Council at the budget workshop with costs, a map of the sites showing suggested placement, bench designs, a schedule for installation, a program for accepting donations and if possible an actual bench or benches, with posted notices on the affected corners to notify residents prior to the meeting.

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


The order of the agenda was returned to item 2 at 7:57 P.M.


MUNICIPAL MATTERS


5. COMMUNITY CENTER SKATE TRACK - AWARD OF DESIGN CONTRACT. Memorandum from Public Works Director Harold Williams dated March 5, 1998.


Public Works Director Williams presented the staff report and responded to Council questions. Community Resources Director Mary Rooney also responded to Council questions.


Public participation opened at 8:11 P.M. Coming forward to address the council on this item were:

Loren Pluth - representing Lawrence Moss and Associates, responded to Council questions; said that his firm currently had two skateboard parks in construction.


Public participation closed at 8:13 P.M.


Action: To approve the staff recommendation to:

  1. Award the design contract for the Community Center Skate Track Project (CIP 97-525) to Lawrence Moss and Associates;
  2. Transfer $241,260 from Park and Beach Improvements (CIP 95-506) to the Community Center Skate Track Project (CIP 97-525); and,
  3. Allocate $18,805 ($17,095 plus 10 percent for contingencies) for design fees from the approved funding for this project.

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


6. 1998 COMMERCIAL EVENT APPLICATIONS. Memorandum from Community Resources Director Mary Rooney dated February 23, 1998. Supplemental letter from Howard Longacre received March 12, 1998.


Community Resources Director Rooney presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions.


Public participation opened at 9:10 P.M. Coming forward to address the council on this item were:

Ashley Smith - Above the Net, explained the court set-up for the event; said that this was an amateur event and that last year they had used 35 courts;

Shirley Cassell - Hermosa Beach, said she felt there was not enough information given in the agenda;

John Hales - 642 Eighth Place, said that there were packets at the Library, Police Department, Fire Department and in the foyer during the meeting that gave full information on the items in the agenda;

Matt Gage - AVP, said that the "Hard Rock Cafe" would not be back this year and that the event would have no food or drink sponsor booths;

Randy West - Cal-King, said they were a non-profit organization to promote the cultural and historical aspects of beach volleyball;

Ashley Smith - Above the Net, said there would be four levels of competition as their aim was the development of the sport;

Mark Billik - People Magazine, said there would be nothing sold at their event as it was promotional only; said it would be an exhibition of the top people in skateboarding, in-line skating and biking;

John Burt - 1152 Seventh Street, expressed concerns regarding beach events;

Donley Falkenstien - Hermosa Beach, spoke in opposition to paid events; submitted information;

LeValley Pattison - WPVA, thanked the Council; stressed that the AVP was a local event and showcased local athletes;

Dennis Noor - objected to paid seating;

Elizabeth Welch - spoke in rebuttal to Mr. Falkenstien's statements; and,

Michael Sisson - Gardena, objected to paid seating.


Public participation closed at 9:35 P.M.


Proposed Action: To approve the staff recommendation to approve the Commercial Events.

Motion Benz, second Reviczky. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Edgerton.


Action: To approve in concept the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to approve the slate of special events as listed below and to have this item returned at the regular meeting of March 24, 1998, for final approval:

  1. WPVA Hermosa Open Volleyball Tournament August 29-30;
  2. Cal-King Volleyball Tour June 20-21 (new event);
  3. West Coast Artists Festival of Arts June 27-28;
  4. Above the Net Volleyball Tournament July 18 (new event);
  5. AVP - U.S. Championships & Festival August 14-16;
  6. People Magazine Extreme Sports Spectacular September 20 (new event); and,
  7. 7th Annual Hermosa Beach Triathlon & Festival October 11.

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


7. RETAIL ENCROACHMENT STANDARDS AND SPECIAL EVENT APPROVALS ON PIER PLAZA. Memorandum from City Manager Stephen Burrell dated March 5, 1998.


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


Public participation opened at 9:44 P.M. As no one came forward to address the council on this item, public participation closed at 9:44 P.M.


Action: To approve staff alternative No. 3, which creates a more limited "Porch Permit" for retail shops with the area limited to 5' X 5' on either side of the door, an encroachment fee of 50¢ per square foot and the provision of required insurance, and, to direct staff to meet with the retail shops and work out any details and return to the City Council with a complete program for final review and approval. Also, to return with a Special Promotional Event process that includes the definition of Special Event and a permit policy.

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


8. REQUEST FOR RED BLINKING LIGHTS AT PIER/VALLEY/ARDMORE INTERSECTION. Memorandum from Public Works Director Harold Williams dated March 4, 1998. Supplemental letter from Howard Longacre received March 10, 1998.


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


Public participation opened at 9:58 P.M. Coming forward to address the council on this item was:

John Hales - 642 Eighth Place, requested that the Council include left turn restriping of eastbound Pier Avenue in the item.


Public participation closed at 9:59 P.M.


Proposed Action: To approve staff alternative No. 4.

Motion Mayor Edgerton, second Benz. The motion was withdrawn by the maker and the second.


Action: To approve the staff recommendation to receive and file the report with the understanding that flashing red beacons for east/west traffic be included in the 1998-99 budget considerations, including a feasibility study of restriping eastbound Pier Avenue for a left turn lane into the Vons Plaza.

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


9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. CONFIRM DATE OF TUESDAY, APRIL 7, 1998, FOR MEETING WITH REPRESENTATIVES FROM LOS ANGELES INTERNATIONAL AIRPORT AND THE FEDERAL AVIATION ADMINISTRATION.


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


Coming forward to address the Council on this item was:

John Burt - 1152 Seventh Street, expressed objections to airplane flight patterns over the City.


Action: To confirm the date of Tuesday, April 7, 1998, at the hour of 7:00 P.M. for a public meeting with representatives from the Los Angeles International Airport and the Federal Aviation Administration, and to direct staff to ensure that the public is notified of the date of this meeting through appropriate notices and advertisements.

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


10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None


11. OTHER MATTERS - CITY COUNCIL


Requests from Council members for possible future agenda items:


a. Request from Mayor Pro Tem Benz to formulate a procedure for the selling and allocation of reserved parking spaces. Memorandum from Councilmember Benz dated February 25, 1998.


Councilmember Benz spoke to his request.


City Manager Burrell responded to Council questions.


Action: To direct staff to return with a program to sell some reserved parking spaces in the downtown area to the highest bidders.

Motion Benz, second Mayor Edgerton. The motion carried by unanimous vote.


b. Request from Mayor Edgerton and Mayor Pro Tem Benz for discussion of CUP granted for Loreto Plaza. Memorandum from Councilmember Benz dated March 2, 1998. Supplemental letter from City Attorney Michael Jenkins received March 10, 1998.


Councilmember Bowler declared a potential conflict of interest on this item and left the dais and the room at 10:10 P.M.


Mayor Edgerton and Councilmember Benz spoke to their request.


Community Development Director Blumenfeld, City Attorney Jenkins and City Manager Burrell all responded to Council questions.


Coming forward to address the Council on this item was:

Shirley Cassell - Hermosa Beach, suggested the existing signs and walkways be removed.


Action: To receive and file the item.

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


c. Request by Mayor Edgerton to have Planning Commission review and approve his application for his own private fishing deck at the end of the Hermosa Municipal Pier for his friends only.


Action: The item was withdrawn by Mayor Edgerton.


Councilmember Bowler returned to the dais at 10:52 P.M..


CITIZEN COMMENTS


Coming forward to address the Council at this time was:

John Burt - 1152 Seventh Street, spoke regarding Police Motorcycles.


CLOSED SESSION - the scheduled closed session meeting was withdrawn by staff.


ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 10, 1998, at the hour of 10:55 P.M. in memory of Joe Noble, long-time resident, Planning Commissioner and civic benefactor, to the Regular Meeting of Tuesday, March 24, 1998, at the hour of 7:10 P.M.



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