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 City of Hermosa Beach --- 04-14-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 14, 1998, at the hour of 7:15 P.M.
PLEDGE OF ALLEGIANCE - Don Macpherson, Macpherson Oil
ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Edgerton Absent: Benz (arrived at 7:18 P.M.)
PROCLAMATIONS: National Library Week April 19-25, 1998
Mayor Edgerton read the proclamation and presented it to Hermosa Beach Librarian Ron Schneider, who announced that there would be a reading for children at the Library on Thursday, April 16, 1998, starting at 5:00 P.M.
MAYOR'S COMMENTS ANNOUNCEMENTS: Mayor Edgerton spoke of the adverse effect that Ballot Measure 223 could have on small School districts such as Hermosa Beach if it were passed.
Action: To amend the order of the agenda to hear item 8(b), "PROPOSITION 223 - SCHOOL SPENDING LIMITS ADMINISTRATION", at this time. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.
The item was heard at this time but is shown in order for clarity.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time was: Al Bowman - 615 Seventh Street, complained of losing a court case regarding his refusal to keep his small dog on a leash; asked the Council to request that the City Prosecutor drop the case and threatened to go to the media with bad publicity for the City if the City Prosecutor continued.
City Attorney Michael Jenkins said that the City Council did not have jurisdiction and could not interfere with an on-going legal case, but, if they did not agree with the City leash law, they had the authority to change it.
Continuing to come forward to address the Council were: Karen Bruns - 521 Pier Avenue, spoke of the lack of consistent enforcement of City laws; Scott Alden - 646 Sixth Street, said that leash laws were primarily for the protection of the animals, to keep them from being hit by cars; said there was a dog park just a few blocks away in Redondo Beach that allowed dogs off leash and suggested that Mr. Bowman take his dog there.
(b) COUNCIL COMMENTS: Councilmember Oakes announced that a skateboard design meeting would be held in the Council Chambers tomorrow night, April 15, 1998, at the hour of 7:00 P.M. and urged anyone interested in the skateboard track to attend.
Councilmember Reviczky spoke in rebuttal to the statements made by Mr. Bowman, saying that Mr. Bowman had told only part of the story and because he owned a small dog, was asking to be given special privileges that were not given to the rest of the dog owners of the City.
(c) WRITTEN COMMUNICATION:
1. Letter from ICRMA (Independent Cities Risk Management Authority) inviting City Council to a luncheon to be held on April 22, 1998.
Action: To receive and file the letter. Motion Oakes, second Benz. The motion carried by a unanimous vote.
2. Letter from Hermosa Beach Chamber of Commerce dated April 7, 1998 announcing new features that will debut with this year's Memorial Day Fiesta de las Artes.
Action: To receive and file the letter and to direct staff to return with a report containing recommendations for a City program that would display the United States flag more prominently during patriotic holidays. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
3. Letters from Marineland Mobile Owners Association and Darlene and Dean Sinatra regarding the Marineland Mobile Home Park.
Coming forward to address the council on this item were: Marie Horowitz - 531 Pier Avenue, Space 15, President of the Owner's Association; thanked Councilmember Reviczky and City Manager Burrell for attending the Association meetings; spoke of three rent increases in the past year and the problems with the lack of upkeep in the trailer park by the park owners; asked the City if there was anything that could be done to help the park tenants such as rent stabilization that would only affect mobile homes; Darlene Sinatra - 531 Pier Avenue, spoke to her letter; said that there had been three rent increases in the last year; Catherine Kenny - 531 Pier Avenue, Space 28, submitted information directly to the Council; spoke of rent increases; spoke of the difficulty of selling in a park that has so few amenities; said that she had paid $32,000 for her mobile home, but the park owners had offered only $4,000 - $5,000 to purchase it as an attempt to force current owners out of the park so that the land can be used for other purposes; and, Laura See-Taylor - 531 Pier Avenue, said the park owners were trying to force the mobile home owners out to replace the spaces with manufactured housing; said the last park improvement was in 1950; said the mobile home park provided some of the rare low-income housing for the city and provided space for the elderly and for single mothers.
City Manager Burrell and City Attorney Jenkins responded to Council questions.
Action: To agendize this item for the regular meeting of May 12, 1998, with background material on the mobile home park and its history, including rent increases and improvements, background information on all relative legislation, and an analysis of the following options: 1) limited City rent control; 2) the ability of the City to take back jurisdiction from the state; and, 3) financial alternatives available to the City to assist the mobile home owners to purchase the park. Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m), with a comment by Benz on item (b) and the exception of item (h) which was withdrawn and continued as requested by staff, and the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Reviczky, (i) Benz, (j) Bowler and (k) 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.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Regular Meeting held on March 24, 1998.
Action: To approve the minutes of the Regular Meeting of March 24, 1998 as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12237 THROUGH 13400 INCLUSIVE, NOTING VOIDED CHECK NOS. 13299 AND 13354, AND TO APPROVE CANCELLATION OF CHECK NOS. 13257 AND 13271 AS RECOMMENDED BY THE CITY TREASURER.
Councilmember Benz questioned if staff has explored a less expensive provider of electricity than Southern California Edison.
City Manager Stephen Burrell responded that the City was exploring other options.
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 DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director Michael Earl dated April 1, 1998.
Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1) Claimant: Martinsons, Julien A. Date of Loss: 11/08/97 Date Filed : 03/26/98 Allegation : Claimant stepped barefoot on hot barbecue coals in City park; claims the City was negligent for not posting signs re "No dumping of hot coals on ground."
(e) RECOMMENDATION TO APPROVE AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (C.D.B.G.) REIMBURSABLE CONTRACT FOR IMPLEMENTATION OF THE PROJECT TO REMOVE ARCHITECTURAL BARRIERS TO THE DISABLED AT CITY HALL. Memorandum from Community Development Director Sol Blumenfeld dated March 26, 1998.
Action: To approve the staff recommendation to authorize the Mayor to execute the amended contract as stipulated by the Los Angeles County Community Development Commission (CDC) which:
(f) RECOMMENDATION TO ADOPT A RESOLUTION ESTABLISHING TRAFFIC SIGNAL LOCATIONS AND STOP INTERSECTIONS THROUGHOUT THE CITY. Memorandum from Public Works Director Harold Williams dated April 7, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to add a signal location that had not been noted.
Action: To approve the staff recommendation to: 1) adopt Resolution No. 98-5911 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING TRAFFIC SIGNAL LOCATIONS.", as amended to include the signal at Aviation Boulevard and Ocean Drive; and, 2) adopt Resolution No. 98-5912, entitled, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING RESOLUTION NO. 88-5185 AND AMENDING RESOLUTION N.S. 2435, SECTION 3, BY ESTABLISHING A NEW LISTING OF STOP INTERSECTIONS THROUGHOUT THE CITY." Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
(g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MARCH 18, 1998.
Action: To approve the staff recommendation to receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of March 18, 1998.
(h) RECOMMENDATION TO INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL RENOVATIONS C.I.P. NO. 95-622). Memorandum from Fire Chief Pete Bonano dated April 6, 1998.
This item was removed from the consent calendar by staff in order to request its continuance to the next meeting.
Action: To continue this item to the meeting of April 28, 1998. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
(i) RECOMMENDATION TO APPROVE GTE FRAME RELAY FRACTIONAL T-1 SERVICES (128K), EARTHLINK INTERNET ACCESS, AND GTE WEB PAGE HOSTING FOR THE CITY; APPROVE AN ALLOCATION OF $7,475 FROM THE GENERAL FUND TO THE DATA PROCESSING BUDGET TO PAY FOR START-UP COSTS OF THE SERVICE; AND, APPROVE AN ALLOCATION OF $11,000 FROM THE GENERAL FUND TO THE DATA PROCESSING BUDGET TO PAY FOR THE ANNUAL COSTS OF THE SERVICE. Memorandum from Assistant City Manager Mary Rooney dated April 7, 1998.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting.
Assistant City Manager Rooney responded to Council questions. Data Technician Joe Duckett also responded to Council questions.
Action: To approve the staff recommendation to approve:
Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
(j) RECOMMENDATION TO APPROVE AMENDMENT TO THE DESIGN CONTRACT FOR THE COMMUNITY CENTER SKATE TRACK PROJECT (CIP 97-525) TO INCLUDE DESIGN OF THE COMMUNITY CENTER TENNIS COURTS (CIP 98-526) AND APPROPRIATE $15,400 FROM THE 4% UUT FUND TO THE COMMUNITY CENTER TENNIS COURT PROJECT TO PAY FOR THESE SERVICES . Memorandum from Public Works Director Harold Williams dated April 7, 1998.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting.
Public Works Director Williams responded to Council questions, saying the additional cost was needed for engineering because the tennis courts would be built on what is now a sloping hillside area.
Action: To approve the staff recommendation to 1. Approve amendment to the design contract for the Community Center Skate Track Project (CIP 97-525) between the City of Hermosa Beach and Lawrence Moss & Associates to include design of the Community Center Tennis Courts (CIP 98-526); and, 2. Appropriate $15,400 ($14,000 plus ten percent contingency of $1,400) from the four percent UUT Fund (126) to the Community Center Tennis Court Project (CIP 98-526) to pay for these services. Motion Bowler, second Mayor Edgerton. The motion carried by a unanimous vote.
(k) RECOMMENDATION TO APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 1, 1998 THROUGH DECEMBER 31, 2000. Memorandum from Councilmembers Reviczky and Oakes dated March 25, 1998.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting.
Councilmember Reviczky said the contract should be amended to show the closing date as December 31, 1999.
Action: To approve the revised amendment to the employment agreement with the City Manager effective January 1, 1998, to December 31, 1999, which includes:
Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
(l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING A REVISED RECORDS RETENTION SCHEDULE FOR THE CITY OF HERMOSA BEACH. Memorandum from City Clerk Elaine Doerfling dated April 8, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5909 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING RETENTION SCHEDULE NO. 2 FOR THE MAINTENANCE AND DISPOSITION OF CITY RECORDS."
(m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24753 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 226 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated April 6, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5910 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24753 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 226 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA."
2. CONSENT ORDINANCES - None
At 8:09 P.M. the order of the agenda was suspended to go to the public hearing starting with item 4.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(f), (i), (j) and (k) 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. TEXT AMENDMENT TO MODIFY M-1 ZONE PERMITTED USE LIST. (continued from meeting of March 24, 1998) Memorandum from City Manager Stephen Burrell dated April 9, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
The public hearing opened at 8:10 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:10 P.M.
Action: To approve the staff recommendation to continue the public hearing to the regular City Council meeting of May 12, 1998. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
HEARING
Councilmembers Benz and Reviczky declared a potential conflict of interest due to living within the project boundaries and left the dais and the room at 8:11 P.M.
5. REVIEW OF ASPEN REPORT. Memorandum from City Manager Stephen Burrell dated April 1, 1998. Supplemental information from Dr. Frank Bercha, Aspen Group, received April 14, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
The hearing opened at 8:12 P.M. Coming forward to address the Council on this item were: Dr. Frank Bercha - Aspen Group, spoke to his report; gave a presentation with visual transparencies; and, responded to Council questions; gave his assessment that the risks were significant and should be mitigated; Don Macpherson - President of Macpherson Oil, gave a background on the history of this project; said that there had been seven parts H2S on tests of current wells in the City; Tim Chambers - author of the original risk study done in 1995 for Macpherson Oil, submitted information directly to the Council; disagreed that more study would change the findings of his study and assessment that the risks were insignificant; John Bundy - Pharmocal, gave his background as an expert witness; said that 5 to 10 ppm of H2S were considered very low, 20 ppm met the OSHA standard for eight hour exposure, 50 ppm met the OSHA standard for 15 minute exposure; and 100 ppm had a "no effect" level on test animals; Scott Alden - 646 Sixth Street, said the Aspen Group analysis supported the "Stop Oil" contention that there are significant risks to the project; urged the Council to undertake the additional risk assessment studies and require a new E.I.R.; Laura Katayama - 1045 Manhattan Avenue, said that even if the risk was insignificant, the project would be a blight on the community and would create nuisances that would affect the quality of life; noted that this was a densely populated area and urged the Council to pursue additional study; Mark Arrowood - 612 Sixth Street, said that using the Santa Barbara matrix, which is an accepted industry standard, would provide objective information; urged further study; Eli Gould - 230 24th Street, said the use of rats in the study on the effects of H{Special Char 50 in Font "Desdemona"}S exposure could not provide conclusive results since the brain of a rat differs from that of a human; said that the studies referred to have been on short term effects only and urged further study on long term health effects plus a review of the health risks to children, the elderly and those in poor health, not just for healthy adults; George Schmeltzer - 275 Valley Drive, said there were 1,500 homes within 1,500 feet of the project and hundreds of families using the parks near the project; said the voters had rejected oil in the last ballot and if the Council could not reject the oil project then the least they should do is to continue the risk assessment study; and, Adam Burt - 403 Second Street, asked for more details from John Bundy.
The hearing closed at 10:05 P.M.
Action: To approve a further study by the Aspen Group of an integrated risk assessment that gives a real comparison, in layman's terms, of the statistical probability of the risk being significant or insignificant. Motion Oakes, second Bowler. The motion carried, noting the absence of Benz and Reviczky.
The meeting recessed at 10:20 P.M. The meeting reconvened at 10:43 P.M.
Action: To consider item 6 at this time rather than returning the order of the agenda to item 3. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
MUNICIPAL MATTERS
6. SIDEWALK REQUIREMENTS ON AMBY PLACE. Memorandum from Public Works Director Harold Williams dated March 8, 1998.
Public Works Director Williams presented the staff report and responded to Council questions. Community Development Director Blumenfeld and City Manager Burrell also responded to Council questions.
Public participation opened at 11:07 P.M. Coming forward to address the Council on this item were: Al Valdes - 2840 Amby Place, spoke of the unique neighborhood characteristics of the one block cul-de-sac street that had very large lots; said that sidewalks were not needed as a safety factor due to the lack of vehicular traffic; said sidewalks had not been required on Tennyson, another street in the neighborhood, when new construction had occurred; and, Robert Wickwire - 2900 Amby Place, said that the residents of the street did not want sidewalks and if sidewalks were required they would be "sidewalks to nowhere" as the two properties at the end of the street had driveway access only
Public participation closed at 11:12 P.M.
Action: To direct staff to exempt Amby Place from sidewalk requirements but to require, at a minimum, an asphalt roll curb be installed at the pavement edge as a protection for the pavement. Motion Mayor Edgerton, second Benz. The motion carried by a unanimous vote.
Action: To direct staff to return to Council with an item regarding the measurement difference, if any, of the setback requirement from the property line versus the setback requirement from the nearest public improvement, and how the sidewalk exemption might affect this measurement. Motion Mayor Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz.
At the hour of 11:14 P.M. the order of the agenda was returned to item 3.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
a. REQUEST FOR CONSIDERATION TO WAIVE AUTOMATIC VACANCY PROVISION UNDER SECTION 2.32.20 OF MUNICIPAL CODE DUE TO MATERNITY LEAVE. Memorandum from Community Development Director Sol Blumenfeld dated March 23, 1998.
Action: To approve the request from Planning Commissioner Carol Schwartz to waive the automatic vacancy provision under Section 2.32.20 of the Municipal Code due to maternity leave. Motion Oakes, second Bowler. The motion carried by a unanimous vote.
b. PROPOSITION 223 - SCHOOL SPENDING LIMITS ADMINISTRATION. Memorandum from City Manager Stephen Burrell dated April 9, 1998.
Coming forward to address the Council on this item was: Mary Lou Weiss - School Board Chairperson, said that this measure was drafted to affect a school district the size of Los Angeles Unified School District; said that it was almost impossible for a small school district such as Hermosa Beach to comply with the mandatory five percent administration cap that would be imposed by the proposition; said if the proposition passed, and Hermosa Beach School District could not comply, the district would be fined $200 per student which would go to the state; and, said if this proposition passed, within two years the Hermosa Beach School District would be gone.
Action: To go on record as opposing Ballot Measure 223 and to direct that all appropriate measures be taken to show the Council's opposition. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
c. FAIR HOUSING AMENDMENTS ACT OF 1998 - HR3206. Memorandum from City Manager Stephen Burrell dated March 30, 1998.
City Manager Burrell responded to council questions.
Action: To continue this item to a future meeting. Motion Oakes, second Mayor Edgerton. The motion carried by a unanimous vote.
d. RESOLUTION SUPPORTING THE RETENTION OF 310 AREA CODE IN THE SOUTH BAY CITIES. Memorandum from Councilmember Reviczky dated April 9, 1998. Supplemental letter from the Los Angeles County Board of Supervisors, received April 14, 1998, endorsing the concept of "overlay" area codes.
Councilmember Reviczky spoke to his memorandum.
Action: To approve the staff recommendation to adopt Resolution No. 98-5913 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUPPORTING THE DEVELOPMENT OF A RELIEF PLAN THAT WOULD ALLOW THE CITY OF HERMOSA BEACH AND THE SOUTH BAY CITIES TO RETAIN THE 310 AREA CODE AND THE PLAN IS TO ENCOMPASS THE ENTIRE BOUNDARY OF THE CITY OF HERMOSA BEACH AND THE SOUTH BAY CITIES.", and to direct staff to forward the Resolution to the appropriate agencies. Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
Action: To support the concept of "overlay" area codes for all new faxes, pagers, cell-phones, computer modems and all other mobile phone uses. Motion Reviczky, second Oakes. The motion carried by a unanimous vote.
9. OTHER MATTERS - CITY COUNCIL
Requests from Councilmembers for possible future agenda items:
a. Request from Councilmember Reviczky to direct the Parks, Recreation and Community Resources Advisory Commission to review the activities/uses of the Clark Building concerning private parties and report back to the City Council with a recommendation.
Councilmember Reviczky spoke to his request. Community Resources Director Mary Rooney responded to Council questions.
Action: To direct the Parks, Recreation and Community Resources Advisory Commission to review the activities/uses of the Clark Building concerning private parties and report back to the City Council with a recommendation. Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
City Manager Burrell informed the Council of an FAA meeting on LAX expansion scheduled for April 28, 1998, at 7:00 P.M., which will be in conflict with the next regularly scheduled City Council meeting, but suggested that a Council representative be in attendance at that meeting.
Action: It was the consensus of the Council that Mayor Edgerton attend the FAA meeting with a member of City staff.
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 REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section 54957.8
Property: 1309 Bard Street Negotiating Parties: Stephen Burrell Russ Lesser Under Negotiation: Price Russ Lesser
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 14, 1998, at the hour of 11:35 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:40 P.M. At the hour of 11:45 P.M. the Closed Session adjourned to the Adjourned 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 on Tuesday, April 14, 1998, at the hour of 11:45 P.M. to the Regular Meeting of Tuesday, April 28, 1998, at the hour of 7:10 P.M.
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