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 City of Hermosa Beach --- 03-24-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, March 24, 1998, at the hour of 7:11 P.M.
PLEDGE OF ALLEGIANCE - Kathy Dunbabin, Parks & Rec Commissioner
ROLL CALL: Present: Benz, Bowler, Oakes, Reviczky, Mayor Edgerton Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Councilmember Reviczky referred to letters recently received by the Police and Fire departments, one thanking Police Service Officer Pam Yager for considerate treatment, the other thanking firefighter/paramedics for a rescue which took place March 10, 1998 at the Green Store.
Councilmember Bowler commented on the success of the 1998 St. Patrick's Day Parade, congratulated the St. Patrick's Day Committee and all of the volunteers for a great job, and noted that this year's parade was twice as long as last year's parade.
CLOSED SESSION REPORT FOR MEETING OF MARCH 10, 1998: Meeting was canceled - no action taken.
PUBLIC PARTICIPATION
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were:
Shirley Cassell - Hermosa Beach, questioned an item at the Planning Commission's last meeting regarding a text amendment on nonconforming structures; asked why Mayor Edgerton had not brought his laptop computer to the last four meetings; requested that Item 1(h) be removed from the consent calendar item for discussion; and
Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter, written communication Item c(5), requesting City Council support of Housing Reform Bill 3206; said reform was needed in order to protect local zoning in special-needs group housing cases; said he had a signed petition regarding the Masada House in Hermosa Beach but opted not to submit it since it would be deemed a public record and he wanted it kept confidential; said he would provide Council with the text of the proposed bill (Council action shown with the agenda item for clarity).
(b) COUNCIL COMMENTS
Councilmember Reviczky responded to Shirley Cassell's remarks concerning the Planning Commission's recent consideration of an item pertaining to nonconforming structures, pointing out that all text amendments come before the Council for final action and that the item is in the early stages of the process.
(c) WRITTEN COMMUNICATIONS
1. Letter from Kathy Dunbabin of the Mira Costa High School Grad Nite Committee requesting a donation for the event.
Coming forward to address the Council at this time was:
Kathy Dunbabin - Hermosa Beach, said the actual cost of the Grad Nite event was $125 per student but that students would be charged only $50, with scholarships available for those who could not afford the cost; said 61 of the 454 Mira Costa seniors are residents of Hermosa Beach; said the City of Manhattan Beach had donated $7,500 to the event and requested that the City of Hermosa Beach donate $1,000 to support the seniors.
Action: To donate $1,000 to Mira Costa Grad Nite. Motion Oakes, second Reviczky. The motion carried, noting the dissenting vote of Benz.
2. Letter from Howard Longacre regarding Council decorum during the regular Council meeting of February 24, 1998.
Proposed action: To direct Councilmember Benz to take a class on decorum from Howard Longacre. Motion Benz, second Mayor Edgerton. The motion failed with Benz casting the only vote in favor.
Action: To receive and file the letter. Motion Oakes, second Mayor Edgerton. The motion carried, noting the dissenting vote of Benz.
3. Letter from Howard Longacre regarding potential lack of properly noticed action by the City Council to award total of $21,000 per year of the peoples' money to the Councilmembers themselves for car allowance.
Action: To receive and file the letter. Motion Oakes, second Bowler. The motion carried by a unanimous vote.
4. Letter from Howard Longacre the Lighting/Landscape Assessment use and refund practice.
Action: To receive and file the letter. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
5. Letter from Roger Bacon requesting City Council support for HR 3206 to protect local zoning in group home cases.
Action: To direct staff to provide the Council with the text of the proposed bill and to agendize the item for discussion at the meeting of April 14, 1998. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
6. Letter from Rosamond Fogg dated March 16, 1998 regarding the oil project.
Coming forward to address the Council at this time was:
Rosamond Fogg - Hermosa Beach, spoke to her letter and attachments pertaining to studies which conclude that humans should avoid any exposure to hydrogen sulfide, citing harmful effects on the central nervous function; requested that the City expand the scope of work by the Aspen Environmental group to include her submitted studies pertaining to exposure to hydrogen sulfide gases.
Action: To submit Rosamond Fogg's letter and accompanying information to the Aspen Group and have them include it in their review. Motion Oakes, second Mayor Edgerton. The motion carried, noting the abstentions of Benz and Reviczky.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (o), 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) Benz, and (h) Mayor Edgerton at the request of Shirley Cassell. Motion Bowler, second Benz. The motion carried by a unanimous vote.
No one came forward to address the Council on items not removed from the consent calendar.
(a) RECOMMENDATION TO APPROVE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 10, 1998.
Action: To approve the minutes of the Regular Meeting of March 10, 1998 as presented.
(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 13087 THROUGH 13236, NOTING VOIDED CHECK NO. 13162 AND 13190, AND TO APPROVE CANCELLATION OF CHECK NO. 13133 AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check register as presented.
(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.
Action: To receive and file the tentative future agenda items as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE THE FEBRUARY 1998 FINANCIAL REPORTS:
1) Revenue and expenditure report; 2) City Treasurer's report; and 3) Investment report.
Action: To receive and file the February 1998 Financial Reports as presented.
(e) RECOMMENDATION TO APPROPRIATE $1000 DONATION FROM MR. & MRS. RICHARD ORFORD AND $250 DONATION FROM JEAN LOMBARDO TO THE POLICE DEPARTMENT TO BE USED FOR THE PURCHASE OF MOTORCYCLE EQUIPMENT. Memorandum from Finance Director Viki Copeland dated March 16, 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 accept and appropriate the $1,000 donation from Mr. and Mrs. Richard Orford and the $250 donation from Jean Lombardo to the Police Department to be used to purchase motorcycle equipment, and to direct staff to begin writing thank you letters from the Mayor to all donors. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
(f) RECOMMENDATION TO EXERCISE THE OPTION TO EXTEND THE EXISTING AUDIT CONTRACT WITH CAPORICCI & LARSON FOR TWO YEARS AT THE CURRENT ANNUAL COST OF $22,250. Memorandum from Finance Director Viki Copeland dated March 9, 1998.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting.
City Manager Burrell responded to Council questions.
Action: To exercise the option to extend the existing audit contract with Caporicci & Larson for two years at the current annual cost of $22,250, as recommended by staff. Motion Benz, second Oakes. 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 March 16, 1998.
Action: To deny the following claim and refer it to the City's Liability Claims Administrator, as recommended by staff: Claimant: Christine Sher Date of Loss: March 25, 1997 Date Filed: March 4, 1998
(h) RECOMMENDATION TO APPROVE THE REQUEST OF THE CHAMBER OF COMMERCE TO RETAIN THE FARMER'S MARKET ON VALLEY DRIVE BETWEEN 8TH AND 10TH STREETS ON FRIDAYS FROM 10AM TO 5PM. Memorandum from Community Resources Director Mary Rooney dated March 17, 1998.
This item was removed from the consent calendar by Mayor Edgerton (at the request of Shirley Cassell) for separate discussion later in the meeting.
Community Resources Director Rooney responded to Council questions.
Coming forward to address the Council at this time were:
Shirley Cassell - Hermosa Beach, asked if the participating vendors are required to pay a permit fee to sell produce in the City (staff responded that the certified Farmers Market annually purchased a business license); and
Donley Falkenstien - Hermosa Beach, said the event takes place in a parking area protected for coastal access, noting the importance of those parking spaces during the summer months.
Action: To approve the request of the Chamber of Commerce to retain the Farmer's Market on Valley Drive between 8th and 10th streets on Fridays from 10 a.m. to 5 p.m., as recommended by staff, subject to the following conditions: 1) Address the following safety issues:
2) Chamber will be permitted to place temporary signs
directing patrons to public parking at City Hall and Clark
Field. City staff will post signs on the existing sign poles to
indicate reserved parking for Farmer's Market on Fridays from
10 a.m. to 5 p.m. (cost to be borne by the Chamber);3) Chamber
to provide the City with a certificate of insurance in the
amount of $2 million for general liability;4) Chamber to sign
an indemnification agreement with the City; and5) The City
reserves the right to review, amend or reconsider this approval
anytime.Motion Mayor Edgerton, second Bowler. The motion
carried by a unanimous vote.
Donley Falkenstien - spoke in opposition to paid seating at the beach, said the public packet in the lobby did not contain the actual contracts that had been included in the agenda packet for the last meeting;
Dennis Noor - expressed opposition to paid seating on the beach;
Man (name indistinct) - commented on the AVP's paid seating event in 1996 and the beach enclosure; said the beach is a public trust and should never be enclosed; requested that citizens' rights be respected;
Matt Gage - Hermosa resident, AVP representative, responded to Council questions, saying they would come back before Council for separate approval if they decide they would like to have a band; and
Mark Billik - representing People Magazine, responded to Council questions.
Public participation closed at 8:13 P.M.
Action: To approve the WPVA Hermosa Open Volleyball Tournament to take place June 13 and 14, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
Action: To approve the Cal-King Volleyball Tour event to take place June 20 and 21, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
Action: To direct the Cal-King Volleyball Tour organizers to return for City Council approval if they wish to include a band at the June 20 and 21, 1998 event. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
Action: To approve the West Coast Artists Festival of Arts event to take place June 27 and 28, 1998, and authorize the Mayor to sign the special event contract. Motion Benz, second Oakes. The motion carried by a unanimous vote.
Action: To approve the Above the Net Volleyball Tournament to take place July 18, 1998, and authorize the Mayor to sign the special event contract. Motion Benz, second Bowler. The motion carried by a unanimous vote.
Action: To approve the AVP - U.S. Championships & Festival to take place August 14, 15 and 16, 1998, authorize the Mayor to sign the special event contract, and direct the organizers to return for City Council approval if they wish to include a band at the event. Motion Benz, second Bowler. The motion carried by a unanimous vote.
Action: To approve the People Magazine Extreme Sports Spectacular event to take place September 20, 1998, and authorize the Mayor to sign the special event contract. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
Action: To approve the 7th Annual Hermosa Beach Triathlon and Festival to take place October 11, 1998, and authorize the Mayor to sign the special event contract. Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
6. CONSIDERATION OF REQUEST FROM RADIO STATION STAR 98.7 AND HEAL THE BAY TO PRODUCE A CONCERT ON THE BEACH IN SEPTEMBER, 1998. Memorandum from City Manager Stephen Burrell dated March 19, 1998.
City Manager Burrell presented the staff report and responded to Council questions, noting that the proposed concert would be free to attendees, the radio station would get corporate sponsors to pay for it, and the proceeds would benefit Heal the Bay.
Public participation opened at 8:43 P.M. Coming forward to address the Council on this item was:
Pete Tucker - 235 - 34th Street, said Heal the Bay has not been responsive when he has called concerning pollution running down the street, rather has simply referred him to the City; said if the event takes place, a percentage of the proceeds should go to the City.
Public participation closed at 8:45 P.M.
Action: To refer the request from Radio Station Star 98.7 and Heal the Bay to produce a concert on the beach in September 1998 to the Parks, Recreation and Community Resources Advisory Commission for its review and recommendation, with direction to the Commission to address the potential scheduling conflict with the Film Festival and issues relating to the anticipated large crowd and resultant traffic and parking problems, and that the item return with a recommendation at the Council meeting of April 28, 1998. Motion Benz, second Oakes. The motion carried by a unanimous vote.
Councilmember Benz and Mayor Edgerton offered to meet with Heal the Bay officials regarding the City's receiving a percentage of the proceeds to fund a local storm water diversion project at Herondo Street.
City Manager Burrell said he would set up a meeting at the Heal the Bay office before the item comes back to Council.
The meeting recessed at 8:45 P.M. The meeting reconvened at 9:12 P.M.
7. VETTER WINDMILL RESTORATION FUND BANNER PROGRAM. Memorandum from City Manager Stephen Burrell dated March 19, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Public participation opened at 9:15 P.M. Coming forward to address the Council on this item were:
Roger Bacon - 1100 Pacific Coast Highway, said he had pledges that would bring the fund up to $25,000 by the end of August or early September, but wanted to continue the program until the end of the year to obtain $30,000; said the extra $5,000 would ensure adequate funding since it was not known at this time exactly what repairs would be required and what the restoration cost would be; said any surplus could be used to further improve Greenwood Park; said a banner listing all of the contributors would be placed on the windmill; and
Pete Tucker - 235 - 34th Street, said the banners should state that the named businesses had donated money to save the windmill to make people aware that these are corporate sponsors of the restoration effort, noting it might also enhance the program and bring in more donations; and said $25,000 was enough to do the project, noting that he and others were willing to volunteer their time to help rebuild the structure.
Public participation closed at 9:35 P.M.
Action: To continue the Vetter Windmill Restoration Fund banner program to the end of the year to allow for a total fund balance not to exceed $30,000, with any surplus to be used for improvements at the City's discretion. Motion Benz, second Oakes. The motion carried by a unanimous vote.
8. RIGHT AND LEFT TURN SIGN RESTRICTIONS - HERONDO AND MONTEREY. Memorandum from Public Works Director Harold Williams dated March 19, 1998.
Public Works Director Williams presented the staff report, utilizing an overhead projector, and responded to Council questions.
Public participation opened at 9:49 P.M. Coming forward to address the Council on this item were:
Shirley Cassell - Hermosa Beach, said she lived on Monterey and that traffic is extremely heavy in the mornings and evenings;
Merna Marshall - Hermosa Beach, requested that the traffic signals on Hermosa Avenue be synchronized if turns onto Monterey are restricted, since at least some of the traffic would end up on Hermosa Avenue; and
George Schmeltzer - 275 Valley Drive, questioned how he and other area residents would get home from work if turns are restricted onto Monterey during the evening hours, noting the difficulty of turning left from Pacific Coast Highway.
Public participation closed at 9:55 P.M.
Action: To approve a trial program prohibiting left turns from eastbound Herondo Street and right turns from westbound Herondo Street onto Monterey Boulevard weekdays between the hours of 7:00 and 9:00 A.M. (excluding weekends and holidays), with no afternoon restrictions, and to direct the placement of appropriate signage. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote by Benz.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. NEW ABC PROCEDURE - CHANGE IN CONDITIONS FOR FABIO RISTAURANTE (2700 MANHATTAN AVENUE). Memorandum from City Manager Stephen Burrell dated March 19, 1998. Supplemental Board of Zoning Adjustments minutes of the meeting of November 19, 1984.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To direct staff to send a letter to Alcoholic Beverage Control (ABC) saying that the City Council has no objection to a modification in operating hours on the ABC permit, allowing Fabio Ristaurante to serve alcoholic beverages on weekdays until 11:00 P.M. and on weekends until 12:00 midnight. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
City Manager Burrell also announced that the airport has canceled the April 7, 1998 meeting that was scheduled by Council at the last meeting.
Action: Mayor Edgerton directed, with the consensus of the Council, that the City Manager reschedule the airport expansion meeting for any Thursday in May that Council is not already scheduled to meet for some other purpose.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. 95/5 INITIATIVE/PROPOSITION 223 - REQUEST FOR CITY COUNCIL TO TAKE A POSITION IN OPPOSITION TO PROPOSITION 223. Memorandum from Mayor Edgerton dated March 19, 1998.
Mayor Edgerton spoke to his request.
Coming forward to address the Council on this issue were:
Cathy McCurdy - Hermosa Beach School Board, said the measure would limit administrative costs to 5 percent, which may make sense for large school districts because of their budgets and size, but not for the smaller districts like Hermosa Beach; said current administrative costs are about 10 percent in Hermosa Beach, 8 percent in Manhattan Beach and 7.9 percent in Redondo Beach, noting that the percentage is based on the district's overall budget and that the Hermosa Beach School District budget is only $3 million to $4 million; said it would cost the school district $200,000 per year in penalties for non-compliance, would force the district to look at unifying with surrounding districts, noting that all penalties would go to the large school districts which do comply; urged Council to take a position in opposition to the measure because it would take away local control; and
Shirley Cassell - Hermosa Beach, said this measure was on the ballot because administrators are taking the bulk of the money allocated to schools, noting that her comments applied not to Hermosa Beach, but to larger school districts.
Proposed Action: To take a position in opposition to Proposition 223. Motion Reviczky, second Bowler. The motion and second were subsequently withdrawn.
Action: It was directed by Mayor Edgerton, with the consensus of the City Council, that the item be continued to the meeting of April 14, 1998, with the text of the measure and a draft resolution presented at that time for Council consideration.
11. OTHER MATTERS - CITY COUNCIL - None
CITIZEN COMMENTS
Coming forward to address the Council at this time were:
Merna Marshall - Hermosa Beach, said she would hoped that the Council would consider a similar donation for the graduating class of Redondo Union High School, as the seniors there deserve the same consideration; and
John Burt - 1152 Seventh Street, expressed opposition to the approved beach volleyball tournaments; and objected to donations of City funds to high schools for grad night.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
1. MINUTES: READING OF MINUTES OF CLOSED SESSION MEETING HELD ON FEBRUARY 24, 1998.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957
Title: City Manager
3. 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: Kearin v. City Hermosa Beach WCAB Case Number: MON 0230120
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, March 24, 19988, at the hour of 10:27 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:30 P.M. At the hour of 11:15 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, California, adjourned on Tuesday, March 24, 1998, at the hour of 11:16 P.M., to the Regular Meeting of Tuesday, April 14, 1998, at the hour of 7:10 P.M.
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