MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 25, 2000, at the hour of 7:10 P.M.

 

PLEDGE OF ALLEGIANCE - Hermosa Beach Cub Scout Troop #860

 

ROLL CALL :

Present: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky
Absent: None

 

ANNOUNCEMENTS : Councilmember Edgerton said there would be a South Bay Task Force meeting at 7 P.M. Monday, May 1, 2000, in the Rancho Palos Verdes Council Chambers to discuss over-flight issues. He asked the status of obtaining equipment to monitor and track aircraft coming from LAX across the beach cities. City Manager Burrell said the equipment would be available on loan for a demonstration and testing purposes next week.

 

Councilmember Dunbabin spoke of the success of this year's Spring Eggstravaganza, which took place Saturday, April 22, 2000, and commended the Community Resources staff for putting on such a great event. Councilmember Oakes concurred, noting that she attends every year with her husband and daughter.

 

PROCLAMATIONS : VETERAN APPRECIATION MONTH - MAY 2000

Mayor Reviczky read the proclamation, which had been requested by the State of California, and proclaimed May 2000 as Veteran Appreciation Month in Hermosa Beach.

 

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Mike Cassidy - chair of the Citizen's Advisory Committee pertaining to FAA and LAX issues, submitted a memorandum from the committee and read aloud the preliminary recommendations contained therein for Council consideration; said the Committee was actively seeking qualified volunteers to help do research.

Action: To agendize the recommendations of the Citizens Airport Advisory Committee for consideration by the Council at its next regular meeting of May 9, 2000.
Motion Edgerton, second. The motion carried by a unanimous vote.

Mayor Reviczky noted that the Citizens Airport Advisory Committee meets in the Hermosa Beach City Council Chambers every Wednesday at 7 P.M.

 

Continuing to come forward to address the Council was:

Michael Keegan - submitted flyers and announced an LAX debate and luncheon hosted by the Manhattan Beach Chamber of Commerce legislative committee from 11:30 A.M. to 1 P.M. on Wednesday, May 3, 2000, at Soleil restaurant, 1142 Manhattan Avenue, Manhattan Beach; noting that El Segundo Mayor Mike Gordon would be a participant in the debate.

 

City Manager Burrell said there was a need to add to the agenda as a municipal matter a proposed amendment to the existing ground lease for the building in front of the parking structure, noting that the issue arose after the posting of the agenda and required immediate action due to time constraints faced by the lessee. He submitted copies of the proposed amendment to the Council.

Action : To add to the agenda as a municipal matter a proposed amendment to the ground lease between the City and 1303 Hermosa Avenue, LLC for the building in front of the parking structure based on the finding that the issue arose after the posting of the agenda and required immediate action due to time constraints of the lessee.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

(b) WRITTEN COMMUNICATIONS - None

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations (a) through (s), noting the abstention of Councilmember Dunbabin on item (q), and with the exception of item (s), which was pulled by staff from the agenda to be brought back at a future meeting, and the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Mayor Reviczky.
Motion Bowler, second Oakes. The motion carried by a unanimous vote.

 

(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 11, 2000 . Memorandum from City Clerk Elaine Doerfling dated April 20, 2000.

Action : To receive and file the memorandum.

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 20895 THROUGH 21040, NOTING VOIDED CHECK NOS. 20966, 20988, AND 20996, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 20468, 20733, 20926 AND 20949 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 MEMORANDUM REGARDING THE MARCH 2000 FINANCIAL REPORTS . Memorandum from Finance Director Viki Copeland dated April 17, 2000.

Action : To receive and file the memorandum regarding the March 2000 Financial Reports.

 

(e) RECOMMENDATION TO ACCEPT DONATIONS OF $1,000 TO BE USED FOR SKATE PARK STAFFING AND $250 TO BE USED FOR SPRING EGGSTRAVAGANZA EVENT ENTERTAINMENT RECEIVED FROM THE HERMOSA KIWANIS FOUNDATION . Memorandum from Finance Director Viki Copeland dated April 13, 2000.

This item was removed from the consent calendar by Mayor Reviczky for discussion later in the meeting in order to publicly acknowledge and thank the donors.

Action : To accept the following donations received by the City from Kiwanis for the noted purposes:

1. $1,000 - for Skate Park staffing.
2. $ 250 - for Spring Eggstravaganza event entertainment.

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

 

(f) 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 April 12, 2000.

• Claimant : Sonia Cortez and Briana Ray

• Date of Loss : 10/08/99

• Date Filed : 04/11/00

Action : To deny the above-noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff.

 

(g) RECOMMENDATION TO APPROVE A COMMUNITY CENTER LEASE RATE INCREASE OF $.05 PER SQUARE FOOT EACH YEAR FOR THE NEXT TWO FISCAL YEARS: FY 2000-2001 AT $1.08 PER SQUARE FOOT; AND FY 2001-2002 AT $1.13 PER SQUARE FOOT . Memorandum from Community Resources Director Mary Rooney dated April 17, 2000.

Action : To approve a Community Center lease rate increase of $.05 per square foot each year for the next two fiscal years as recommended by staff, thereby setting the FY 2000-2001 rate at $1.08 per square foot and the FY 2001-2002 rate at $1.13 per square foot.

 

(h) RECOMMENDATION TO APPROVE FREE CONCERTS ON THE SOUTH SIDE OF THE PIER FROM 4:00PM TO 6:30PM, JUNE 9-10, AND 5:00PM TO 7:00PM, JUNE 11, IN CONJUNCTION WITH THE IMG BEACH BASH . Memorandum from Community Resources Director Mary Rooney dated April 17, 2000. Supplemental information received April 20, 2000.

Action : To approve the free concerts on the south side of the Pier from 4 P.M. to 6:30 P.M. June 9-10, and from 5 P.M. to 7 P.M. June 11, in conjunction with the IMG Beach Bash, as recommended by staff.

 

(i) RECOMMENDATION TO APPROVE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR CIP 95-150, HERMOSA AVENUE BETWEEN PIER AVENUE AND 16TH STREET, AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR SAID PROJECT . Memorandum from Public Works Director Harold Williams dated April 18, 2000.

Action : To approve the staff recommendation to:

1. Approve the plans, specifications, and estimates, order the work and call for bids; and
2. Instruct the City Clerk to post a Notice Inviting Sealed Bids for said project.

 

(j) RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND DMR TEAM, INC. TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATES TO INCLUDE CIP 00-139 HERMOSA/MANHATTAN AVENUE FROM 16TH STREET TO THE NORTHERLY CITY BOUNDARY; AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO MAKE ADJUSTMENTS TO THE SCOPE OF WORK AS NECESSARY, NOT TO EXCEED $39,300 . Memorandum from Public Works Director Harold Williams dated April 17, 2000.

Action : To approve the staff recommendation to:

1. Approve the First Amendment to the Professional Services Agreement between the City of Hermosa Beach and DMR Team, Inc. to prepare plans, specifications and estimates to include Project No. CIP 00-139 Hermosa/Manhattan Avenue from 16th Street to the northerly city boundary;
2. Authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement, upon approval as to form by the City Attorney; and
3. Authorize the Director of Public Works/City Engineer to make adjustments to the scope of work as necessary, not to exceed $39,300.

 

(k) RECOMMENDATION TO AWARD THE PURCHASE OF A TOTAL OF SIX NEW VEHICLES, FOUR FOR THE PUBLIC WORKS DEPARTMENT AND TWO FOR THE COMMUNITY DEVELOPMENT DEPARTMENT, TO WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA IN THE AMOUNT OF $155,325.76 . Memorandum from Public Works Director Harold Williams dated April 19, 2000.

Action : To approve the staff recommendation to:

1. Award the purchase of a total of six new vehicles - four for the Public Works Department and two for the Community Development Department - to Wondries Fleet Division of Alhambra, California, in the amount of $155,325.76; and
2. Authorize staff to issue the appropriate purchase documents as required.

 

(l) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR PROJECT NO. 003-99, 24TH STREET AND GOLDEN AVENUE, AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR SAID PROJECT . Memorandum from Public Works Director Harold Williams dated April 18, 2000

Action : To approve the staff recommendation to:

1. Approve the plans, specifications and estimates, order the work, and call for bids; and
2. Instruct the City Clerk to post a Notice Inviting Sealed Bids for said project.

 

(m) RECOMMENDATION TO ADOPT RESOLUTIONS APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING & STREET LIGHTING DISTRICT 2000-2001 ("DISTRICT") MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 00-6050 AND DECLARING THE CITY COUNCIL’S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 THROUGH JUNE 30, 2001; AND SETTING JUNE 13, 2000, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT . Memorandum from Public Works Director Harold Williams dated April 3, 2000.

Action : To approve the staff recommendation to:

1) Adopt Resolution No. 00-6055 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2000-2001 ," made pursuant to the requirements of Resolution No. 00-6050; and

2) Adopt Resolution No. 00-6056 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2000-2001 FOR THE FISCAL YEAR BEGINNING JULY 1, 2000 AND ENDING JUNE 30, 2001, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO ."

 

(n) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 18, 2000 . Supplemental letter from Jim Lissner dated April 19, 2000.

Action : To receive and file the action minutes from the Planning Commission meeting of April 18, 2000.

 

(o) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25321 FOR A 2-UNIT CONDOMINIUM PROJECT AT 141-143 MANHATTAN AVENUE . Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2000.

Action : To approve the staff recommendation to adopt Resolution No. 00-6057 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25321 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 141 AND 143 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA ."

 

(p) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25177 FOR A 2 UNIT CONDOMINIUM PROJECT AT 1036 MONTEREY BOULEVARD . Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2000.

Action : To approve the staff recommendation to adopt Resolution No. 00-6058 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25177 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1036 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA ."

 

(q) RECOMMENDATION TO APPROVE CHANGE ORDER NO. 9 FOR CIP 97-812, MYRTLE AVENUE UTILITY UNDERGROUNDING, APPROVING THE REMOVAL OF VERTICAL-MOUNTED VENT PIPES AND REPLACEMENT WITH FLUSH-MOUNT VENTS FOR $41,256 . Memorandum from Public Works Director Harold Williams dated April 18, 2000.

Action : To approve Change Order No. 9 for Project No. CIP 97-182, Myrtle Avenue Utility Undergrounding, approving the removal of vertical-mounted vent pipes and replacement with flush-mounted vents for $41,256, as recommended by staff. (Dunbabin abstained due to a potential conflict of interest)

 

(r) RECOMMENDATION TO ADOPT RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 36 PIER AVENUE, ZEPPY'S PIZZA . Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2000.

Action : To adopt Resolution No. 00-6059 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE BEER AND WINE IN CONJUNCTION WITH A RESTAURANT AT 36 PIER AVEJUE, LEGALLY DESCRIBED AS LOT 8, BLOCK 12, HERMOSA BEACH TRACT ," which reflects the action of the City Council at its March 28, 2000 meeting.

 

(s) RECOMMENDATION TO APPROVE CONTRACT WITH MAYER & COBLE FOR CITY PROSECUTOR SERVICES AND APPROPRIATE $8,000 FOR THE ANTICIPATED COST TO PROVIDE SERVICE FOR REMAINDER OF THE FISCAL YEAR FROM THE GENERAL FUND BALANCE . Memorandum from Community Development Director Sol Blumenfeld dated April 20, 2000.

Action : To pull this item from the agenda, as requested by staff, and defer action to a future meeting, with Council direction for staff to provide additional information regarding the current cost and a review of the other bids received.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Item 1(e) 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

 

4. ZONE CHANGE FROM M-1, LIGHT MANUFACTURING, TO R-2, MULTI-FAMILY RESIDENTIAL, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, FOR CONSTRUCTION OF A TWELVE-UNIT CONDOMINIUM, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 603 FIRST PLACE, AND 112, 138 AND 142 ARDMORE AVENUE . Memorandum from Community Development Director Sol Blumenfeld dated April 18, 2000

Community Development Director Blumenfeld presented the staff report and responded to Council questions.

 

The public hearing opened at 7:53 P.M. Coming forward to address the Council on this item were:

Cheryl Vargo - 5147 Rosecrans Avenue, Hawthorne, representing applicant Mike Mulligan, said they proposed to combine five lots to create one large parcel for a 12-unit condominium project; said the existing businesses generate traffic but little or no sales tax; said the project exceeds the required development standards and the benefits of a larger project included a 1200 square foot common open green space in the middle of the project, as well as larger rear and side setbacks and fewer curb cuts, which is less impactive to the neighborhood; submitted a map showing the number of units on surrounding properties;

Michael Keegan - 1107 Loma Drive, said approval of this project would send a message that the City was increasing density; said the project should be held to 10 units, not 12 units; did not think the parking was adequate, noting the upcoming zoning changes to increase parking;

Dan Erikson - 2461 Silverstrand, said the current zoning did not conform to the General Plan; said the lot merger allowed for two additional units which made the project conform more to the neighborhood; said the Beach House on the Strand took advantage of merging lots; and

Charlie Cheatum - 548 Second Street, said a petition was submitted at the Planning Commission meeting and many people spoke in opposition to the project, but their concerns were dismissed; said this was the third largest condominium project since he moved into the area and expressed concern about the impacts; said it was hard for existing residents to find parking; requested that the Council reconsider the General Plan and zoning with regard to the south end of town.

The public hearing closed at 8:10 P.M.

 

Action : To waive full reading and introduce Ordinance No. 00-1198 , entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING FROM M-1 (LIGHT INDUSTRIAL) TO R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTION OF A MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF FIRST PLACE AND ARDMORE AVENUE AT 603 FIRST PLACE AND 112-142 ARDMORE AVENUE, LEGALLY DESCRIBED AS LOT 106 THROUGH 110 INCLUSIVE, WALTER RANSOM CO'S VENABLE PLACE ," as recommended by the Planning Commission.
Motion Bowler, second Dunbabin. The motion carried, noting the dissenting votes by Edgerton and Oakes.

 

The meeting recessed at 8:32 P.M.
The meeting reconvened at 9:00 P.M.

 

5. TEXT AMENDMENT TO ELIMINATE THE TERM "TWO STORIES" IN THE R-1, R-1A, R-2 AND R-2B ZONES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION . Memorandum from Community Development Director Sol Blumenfeld dated April 19, 2000

Community Development Director Blumenfeld presented the staff report and responded to Council questions. He proposed amending Section 4.6.D. of the ordinance to add "roof sheathing" at the end of the parenthetical phrase.

 

The public hearing opened at 9:08 P.M. As no one came forward to address the Council on this item, the public hearing closed at 9:08 P.M.

 

Action : To waive full reading and introduce Ordinance No. 00-1199 , entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ELIMINATE THE TWO-STORY MAXIMUM IN THE R-1, R-1A, R-2 AND R-2B ZONES, TO ELIMINATE DEFINITIONS OF STORY AND BASEMENT, AND TO CODIFY THE PROCEDURE FOR CALCULATING, MEASURING AND ENFORCING BUILDING HEIGHT ," as recommended by the Planning Commission, amended by the Council to add "roof sheathing" at the end of the parenthetical phrase in Section 4.6.D. of the ordinance.
Motion Oakes, second Bowler. The motion carried by a unanimous vote.

 

At 9:13 P.M., the order of the agenda was suspended to go to Municipal Matter item #9.

 

MUNICIPAL MATTERS

 

6. ALOHA DAYS COMMITTEE: REQUEST FOR APPROVAL OF "ALOHA DAYS" LONGBOARD SURF CONTEST AND HAWAIIAN FESTIVAL . Memorandum from Community Resources Director Mary Rooney dated April 17, 2000.

Community Resources Director Mary Rooney presented the staff report and responded to Council questions, noting that the applicant had withdrawn the request for Proposition A funding.

 

Public participation opened at 9:27 P.M. Coming forward to address the Council on this item was:

Abel Ybarra - Aloha Days director, submitted signatures from downtown merchants in support of the two-day event; said two days were needed to accommodate all of the athletic contests; agreed to have booths for only one day due to Council concerns about booths for both days.

Public participation closed at 9:30 P.M.

 

Action : To approve, as amended, the recommendation of staff and the Parks, Recreation and Community Resources Commission to:

1. Approve the request from the Aloha Days Committee to hold their annual surf competition and "Aloha Days" Hawaiian Festival beginning on Saturday, August 12, 2000;
2. Approve the requests for fee waivers, City funding of $5,000 from the Downtown Enhancement Fund, and an additional event day on Sunday, August 13, 2000, amended to allow the two-day event to accommodate the athletic competitions, with the booths to be allowed for only one day (either Saturday or Sunday); and
3. Approve the event contract, amended as noted above.

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

 

Action : To direct staff to put together some fundraising ideas, such as corporate sponsorship, for organizations to fund the various community events in order to make them self-sustaining.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

7. APPROVAL OF UNCLE BEN'S RICE PROMOTION IN EXCHANGE FOR CONTRIBUTING $10,000 TO SUNSET CONCERTS ON THE BEACH . Memorandum from Community Resources Director Mary Rooney dated April 18, 2000.

Community Resources Director Mary Rooney presented the staff report and responded to Council questions, noting that the concerts were tentatively scheduled with Dick Dale on July 9, Orquesta la Palabra, a Salsa band, on July 16, and Richard Street, the former lead singer for the Temptations, on July 23.

 

Action : To approve the request from Intrepid Marketing to bring an Uncle Ben's Rice Bowl sampling promotion to the Pier Plaza on Saturday, May 6, 2000, from 10:00 A.M. to 3:00 P.M. in exchange for a $10,000 donation to Sunset Concerts on the Beach, as recommended by staff.
Motion Bowler, second Dunbabin. The motion carried by a unanimous vote.

 

8. FOOD SERVICE INSPECTION ORDINANCE . Memorandum from City Manager Stephen Burrell dated April 20, 2000.

At 9:56 P.M., Councilman Bowler left the dais and the room due to a potential conflict of interest.

City Manager Burrell presented the staff report and responded to Council questions, noting that adoption of this ordinance would bring the City into consistency with the County Health Department Food Service Grading Program and allow the City's restaurants to receive a certificate from the County showing the letter grade received for posting purposes, adding that not being able to post their good grades would put the City's restaurants at a competitive disadvantage.

 

Action : To waive full reading and introduce Ordinance No. 00-1200 , entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING CHAPTER 8.04 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW CHAPTER 8.04 THERETO, AND ADOPTING BY REFERENCE DIVISION 1 OF TITLE 8 (PUBLIC HEALTH LICENSING) AND DIVISION 1 OF TITLE 11 (HEALTH CODE) OF THE LOS ANGELES COUNTY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND PENALTIES ," as recommended by staff.
Motion Oakes, second Dunbabin. The motion carried, noting the dissenting vote by Edgerton and the absence of Bowler.

At 10:02 P.M., Councilmember Bowler returned to the dais.

 

9. PETITION FROM RESIDENTS TO FORM UNDERGROUND UTILITY DISTRICT - MONTEREY BOULEVARD. TO PALM DRIVE/PIER AVENUE TO 10TH STREET . Memorandum from City Manager Stephen Burrell dated April 19, 2000.

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

 

Public participation opened at 9:22 P.M. Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, said undergrounding gets rid of visual blight by eliminating the poles and wires; suggested getting rid of the visual blight at night caused by the cobra-head type light fixtures and suggested requiring their conversion to zero cut-off fixtures.

Public participation closed at 9:23 P.M.

 

Action : To approve funding for preliminary engineering and direct staff to work with Southern California Edison and return with contracts for project consultants for the formation of an underground utility district in an area bounded by Monterey Boulevard, Palm Drive, Pier Avenue and 10th Street.
Motion Dunbabin, second Oakes. The motion carried by a unanimous vote.

Councilmember Oakes asked staff to look at the issues of timelines for residents to comply with their own construction, with the City helping to find reasonably priced contractors; a review of the placement of the vaults/vents; and making residents aware of their options with regard to the actual light fixtures, noting that residents might appreciate something better than the standard overheads, even if they cost more.

Mayor Reviczky noted that the vent locations were generally determined by the location of the underground structures; said more costly light fixtures may result in increased maintenance costs to the City if the poles are City owned; and asked staff to explore giving the district the option of outsourcing the engineering if Edison could not do it in an expeditious manner.

Councilmember Edgerton expressed concern about the fairness hearing coming at the end of the process and wanted to ensure that the role of the Council was clear to everyone.

 

At 9:25 P.M., the order of the agenda returned to item 6.

 

10. PROPOSED AMENDMENT TO GROUND LEASE BETWEEN THE CITY OF HERMOSA BEACH AND 1303 HERMOSA AVENUE, LLC, FOR BUILDING IN FRONT OF PARKING STRUCTURE . (This item was added to the agenda this evening as an urgency item.)

City Attorney Jenkins said before closing the lessee's construction loan, the lender wanted an amendment that grants the City's permission for the tenant to encumber the property with a deed of trust, giving the lender a property interest, with the building becoming security for repayment of the loan. He said the remaining provisions provide protection to the lender in the event there is a default by the tenant, by obligating the City to provide the lender with notice, and giving the lender the right to step in and cure any default, take over the lease and operate the premises. He said if the lender were to sell to a third party, the City would have the same right to approve that prospective buyer. He said it was a fairly standard document that would be expected by a lender. He said he reviewed the document and made some minor suggestions for changes in the language, which had been incorporated in the document presented this evening. He said the lessee wants to close the loan and get moving on the project and the item came to the City's attention after the agenda had been posted.

 

Action : To approve the amendment lease, as presented.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote, with Edgerton noting that he was able to vote on the issue since he no longer had a potential conflict of interest.

 

11. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

12. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

13. OTHER MATTERS - CITY COUNCIL - None

 

ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS :

1. MINUTES: Approval of minutes of Closed Session meeting held on March 28, 2000 .

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR : Pursuant to Government Code Section 54956.8.

• Property : 4181-024-900 (Southeast corner of 27th Street and Manhattan Avenue)

• Negotiating Parties : Stephen Burrell
  Jay A. Mitchell

• Under Negotiation : Price & Terms of Payment

 

3. CONFERENCE WITH LABOR NEGOTIATOR : Pursuant to Government Code Section 54957.6.

City Negotiator : Stephen Burrell

Employee Organizations :

• Hermosa Beach Police Officers Association

• Hermosa Beach Firefighters' Association

• Teamsters Union, Local 911

• Professional and Administrative Employee Group

• Hermosa Beach Management Association

• Hermosa Beach Police Management Association

 

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 25, 2000, at the hour of 10:08 P.M. to a closed session.

 

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:18 P.M. At the hour of 11:00 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 on Tuesday, March 28, 2000, at the hour of 11:01 P.M. to the Adjourned Regular Meeting of Tuesday, May 2, 2000, at the hour of 7:10 P.M. to review proposed changes to residential development standards.