MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, April 13, 1999, at the hour of 7:20 P.M.

PLEDGE OF ALLEGIANCE - Youngsters in the audience

ROLL CALL:

Present: Bowler, Oakes, Reviczky, Mayor Benz

Absent: Edgerton

MAYOR'S COMMENTS/ANNOUNCEMENTS: Councilmember Oakes commented on the success of the "Egg-Stravaganza" Easter egg hunt and festivities that took place Saturday, April 2, 1999 at Valley Park. She thanked the City staff for the great event, noting it had been attended by thousands of children and adults. She also thanked Hawthorne Savings and the various Hermosa Beach service organizations that participated, including the Kiwanis Club, the Rotary Club, and the Woman's Club, which provided food, drinks and prizes.

Councilmember Oakes expressed concern that she had requested but was denied access to information being provided to the public by Donley Falkenstien while he was circulating his initiative petitions for signature outside Von's Market.

Councilmember Oakes asked why the use of herbicides for weed control on City property was not on this agenda.

City Manager Burrell said the item would be on the next agenda, that staff was waiting for information from the landscape contractor to ensure that all points were covered in the report, including the impacts upon the contract if the use were banned entirely. He noted that, in the interim, the contractor had been instructed to not use Round-up or other herbicides until the matter had been decided.

PROCLAMATIONS: MEDAL OF VALOR WEEK

April 19 - 23, 1999

Mayor Benz read the proclamation and proclaimed the week of April 19 - 23, 1999 as Medal of Valor Week in Hermosa Beach.

CLOSED SESSION REPORT FOR MEETING OF MARCH 23, 1999: No reportable actions.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

John Hales - Hermosa Beach, said the Friends of the Library book sale, which took place March 27, 1999, raised more than $2,200, and that $2,000 of that was put into Library assets for the benefit of the whole city; said this was one of the most successful book sales in the 30 years that they have been taking place; thanked those who attended and those who made donations.

(b) COUNCIL COMMENTS: Councilmember Reviczky commented on the success of the book sale, noting that it was a great opportunity to buy books at bargain prices. Mayor Benz concurred and encouraged everyone to attend future book sales. Councilmember Bowler commended the Friends of the Library for the great job it had done for Hermosa's one-time beleaguered library. Councilmember Oakes concurred.

Mayor Benz asked Councilmembers Bowler and Reviczky, as signers of the ballot argument in favor of the proposed PCH zone change, if they would participate in a televised debate at the cable television studio. Neither Council member expressed interest in a debate. Councilmember Bowler said all of the issues were being addressed in the ballot arguments and in the weekly letters to the editor.

(c) WRITTEN COMMUNICATION:

1. Letter from Roger Bacon requesting that City Council consider a plaque design and location for Surfers Walk of Fame.

Coming forward to address the Council on this item was:

Roger Bacon - 1100 Pacific Coast Highway, spoke to his letter; suggested locating the proposed plaques on the promenade across from Mermaid and Hennesseys restaurants; said saw cutting of the pavement would be required, and replacement of the same concrete material; asked that the City consider doing the saw cutting.

Action: Mayor Benz directed, with unanimous Council consent, to refer the matter to the Parks, Recreation and Community Resources Commission to review the proposal, work out details, and provide input. (Edgerton absent)

2. Resident petition requesting that the City Council consider the removal of the barricades at Ocean View Avenue and 3rd Street and reopen the street.

Coming forward to address the Council on this item were:

Matt Richardson - 417-1/2 Ocean View Avenue, said he and several neighbors were not involved earlier because they were unaware that the issue was under review but do want to participate; asked that the Council postpone the issue to allow all the neighbors to work together; agreed that there were safety issues involved, but said many Ocean View residents liked being able to drive through Lot 21, then up Third Street to Prospect Avenue;

Janet Taranto - 906 Third Street, asked about the parameters for "neighborhood"; said some of the signatures on the petition were from far away locations, while she and other residents were directly impacted;

Bonnie Wolff - 1212 Third Street, said she was not aware of the issue until the barricade went up at Ocean View; said stop sign changes made in response to concerns for the safety of Our Lady of Guadalupe school children created problems for Third Street residents between Hollowell and Prospect trying to turn onto Prospect Avenue; noted several changes to Third Street over the past 30 years; asked that Council get input from all residents and look at all issues before making a decision; asked to be kept informed about neighborhood meetings;

John Wolff - 1212 Third Street, said the neighbors would like to get everyone together to discuss the issues; said the global picture is what was worth looking at;

Phyllis Macek - 1023 Sixth Street, said she owned the property at 422 Ocean View, and that her daughter lived there; said two other Sixth Street signers of the petition are also very affected because they visit her daughter;

Roger Czuleger - 952 Fifth Street, said cars speed up and down his street at night and mechanics use it by day to road test vehicles; said there was a need for better enforcement, that it was a safety issue; said the new stop signs on Prospect do protect children, but to avoid them people often speed down his street to make the light at PCH; said that intersection was very congested due to the many 7-Eleven customers;

Kari Schroeder - 1209 First Street, said she signed the petition and her family lives on Ocean View and Fourth Street; said the only way to get home now is via Fifth Street which is very dangerous due to the traffic; said people still turn onto Ocean View, then have to back up when they see the barricade, which is dangerous;

Nicole Webb - 847 Third Street, said there had been a drastic change in traffic in the neighborhood since the barricade went up; suggested putting signage at Fourth Street and Pacific Coast Highway to alert drivers so they do not make the turn at Ocean View and then have to back up; and

Gene Taranto - 906 Third Street, said Ocean View is narrow and prone to accidents; urged a decision on the issue while the children are still young; said it would be absurd to place minor inconveniences over the safety of children.

Action: Mayor Benz directed, with Council concurrence, (1) that the neighbors meet, as requested, to discuss the issues involved, with staff assisting as needed (help organize and attend their meetings); and (2) that staff present a progress report at the May 25, 1999 meeting. (Edgerton absent)

3. Resident petition requesting that the City Council consider measures to mitigate dangerous conditions on upper 8th Street between Prospect Avenue and Pacific Coast Highway.

Coming forward to address the Council on this item were:

Stacey Montalto - 715 Prospect Avenue, said she and neighbor Sandra Essex circulated the petitions; submitted more petitions; said Eighth Street was a narrow one-way street; expressed concerns about drivers speeding down the hill and others driving the wrong way up the hill; requested the opportunity to work with City staff on reviewing the problems and exploring options; said ideas included the possibility of speed bumps, changing the direction of traffic from above Ocean Drive, closing Eighth Street at Prospect, barricades, and better signage;

Donna Maryanski-Bebb - 1018 Eighth Street, presented photos; noted a problem at Ocean Drive where drivers could not see the signage permitting right turns only; suggested painting "one-way" at various locations on the street itself;

Jim Sullivan - 1051 Eighth Street, requested that the Council authorize the traffic engineer to do a study; said the problem was worsening and something needed to be done about cars driving up the wrong way, and to slow the cars down;

Steve Charney - 934 Eighth Street, said perhaps what was needed was increased enforcement rather than changes; said the existing signage is often blocked by parked cars;

Ray Martel - 903 Eighth Street, said the new left-turn arrow on Pacific Coast Highway for turning east onto Eighth Street should be removed because it invites people to turn onto a street that quickly becomes one-way;

Sandy Costra - 900 Eight Street, said people disregard the existing signs or do not see them; said the signage says "do not enter" but does not say "one way"; said commercial traffic often goes up the wrong way, which compromises the safety and security of the residents; and

Christine Moore - 908 Eighth Street, said people racing the wrong way up the hill created a danger; said people also race down the hill to make the light; suggested speed berms and a sign that says "do not enter, one way."

Action: To direct staff to work with the residents on the issue and report back on possible solutions.

Motion Oakes, second Reviczky. The motion carried by a unanimous vote, noting the absence of Edgerton.

At 8:45 P.M., the order of the agenda was suspended to go to public hearing item 4.

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (n), with the exception of item (g) which was removed from the agenda by staff and the following items which were removed for discussion in item 3, but are shown in order for clarity: (l) Reviczky, and (m) Mayor Benz.

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

No one came forward to address the Council on items not removed from the consent calendar.

The meeting recessed at 8:48 P.M.

The meeting reconvened at 9:10 P.M. with item 2.

(a) RECOMMENDATION TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD ON MARCH 23, 1999.

Action: To approve the minutes of the Regular Meeting held on March 23, 1999 as presented. (Edgerton absent)

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16732 THROUGH 16900 INCLUSIVE, NOTING VOIDED CHECK NO. 16895, AND TO APPROVE THE CANCELLATION OF CHECK NO. 16881, AS RECOMMENDED BY THE CITY TREASURER.

Action: To ratify the check register as presented. (Edgerton absent)

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS.

Action: To receive and file the tentative future agenda items as presented. (Edgerton absent)

1. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25179 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1157 & 1159 CYPRESS AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999.

Action: To approve the staff recommendation to adopt Resolution No. 99-5972, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25179 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1157 & 1159 CYPRESS AVENUE, HERMOSA BEACH, CALIFORNIA." (Edgerton absent)

(e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24974 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 650-652 10TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999.

Action: To approve the staff recommendation to adopt Resolution No. 99-5973, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24974 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 650-652 10TH STREET, HERMOSA BEACH, CALIFORNIA." (Edgerton absent)

(f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #21493 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 840 15TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated April 1, 1999.

Action: To approve the staff recommendation to adopt Resolution No. 99-5974, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #21493 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 840 15TH STREET, HERMOSA BEACH, CALIFORNIA." (Edgerton absent)

(g) RECOMMENDATION TO AWARD BID TO COMMERCIAL FLEET FINANCING IN THE AMOUNT OF $20,771 FOR THE PURCHASE OF ONE (1) NEW 4X4 PICKUP TRUCK FOR THE COMMUNITY SERVICES DIVISION OF THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated April 5, 1999.

This item was removed from the agenda by staff.

(h) RECOMMENDATION TO APPROVE OPENING THE SOUTH PARK UPPER LOT FOR 6-HOUR PARKING FROM 9:00 A.M. - 7:00 P.M. DAILY. Memorandum from Community Resources Director Mary Rooney dated April 5, 1999.

Action: To open the South Park upper lot for six-hour parking from 9:00 A.M. to 7:00 P.M. daily, as recommended by staff. (Edgerton absent)

(i) RECOMMENDATION TO RECEIVE AND FILE NOTICE OF RESOLVED CLAIMS. Memorandum from Personnel Director/Risk Manager Michael Earl dated April 7, 1999.

Action: To approve the staff recommendation to receive and file the report of the following resolved claims:

Claimant: Prichard, Jeannette F.

Date of Loss: 07/10/98

Date Filed: 12/23/98

Damage: Personal injury due to trip and fall

Disposition: City settled with claimant for $6,876

Claimant: Pina, Kristopher

Date of Loss: 02/19/99 and 02/23/99

Date Filed: 03/09/99

Damage: Claim for costs to repair problem with sewer connection

Disposition: City reimbursed claimant $1,439

(Edgerton absent)

(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25053 FOR A TWO-UNIT CONDOMINIUM PROJECT AT 1427 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 7, 1999.

Action: To approve the staff recommendation to adopt Resolution No. 99-5975, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25053 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1427 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA." (Edgerton absent)

(k) RECOMMENDATION TO INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL RENOVATION PROJECT (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated April 6, 1999.

Action: To instruct the City Clerk to post a Notice Inviting Sealed Bids for the project, as recommended by staff. (Edgerton absent)

(l) RECOMMENDATION TO ACCEPT AND APPROPRIATE DONATIONS OF $500.00 FROM THE HERMOSA KIWANIS FOUNDATION TO THE POLICE DEPARTMENT TO BE USED FOR THE POLICE CHAPLAIN PROGRAM AND $4,500.00 FROM PEYTON CRAMER FORD TO THE COMMUNITY RESOURCES DEPARTMENT TO SPONSOR THE CBVA TOURNAMENT. Memorandum from Finance Director Viki Copeland dated April 6, 1999.

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 accept the following donations:

1. The Hermosa Kiwanis Foundation - $500 to the Police Department to be used for the Police Chaplain Program; and
2. Peyton Cramer Ford - $4,500 to the Community Resources Department to sponsor the CBVA tournament.

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

(m) RECOMMENDATION TO APPROVE AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT EFFECTIVE JANUARY 1, 1999 THROUGH DECEMBER 31, 2000. Memorandum from Councilmembers Reviczky and Oakes dated April 8, 1999.

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

City Manager Burrell responded to Council questions.

Action: To approve an amendment to the City Manager's employment agreement entitled "Fourth Amendment to City Manager Employment Agreement" effective January 1, 1999 through December 31, 2000, as recommended by Council subcommittee members Reviczky and Oakes.

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

(n) RECOMMENDATION TO ADOPT A RESOLUTION APPROVING ARCHITECTURAL MODIFICATIONS AT 1301 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated April 8, 1999.

Action: To adopt Resolution No. 99-5976 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION, UPON RECONSIDERATION, TO APPROVE AN AMENDMENT TO THE PRECISE DEVELOPMENT PLAN TO ALLOW MODIFICATION TO EXTERIOR ARCHITECTURAL FEATURES AT 1301 MANHATTAN AVENUE ." (Edgerton absent)

2. CONSENT ORDINANCES

ORDINANCE NO. 99-1190 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ASSUMING ENFORCEMENT FOR THE MOBILEHOME PARK ACT." For adoption. Memorandum from City Clerk Elaine Doerfling dated March 25, 1999.

Action: To waive full reading and adopt Ordinance No. 99-1190.

Motion Reviczky, second Bowler.

AYES: Bowler, Oakes, Reviczky, Mayor Benz

NOES: None

ABSENT: Edgerton

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(l) and (m) 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. LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND APPROVAL FOR 1999-2000. Memorandum from Community Development Director Sol Blumenfeld dated March 30, 1999.

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

The public hearing opened at 8:46 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:46 P.M.

Action: To approve the staff recommendation to approve, by minute order, the expenditure of the Fifth Year 1999-2000 Block Grant estimated allocation, and any additional allocation funding, for the removal of architectural barriers to the disabled, and to approve the program planning summary submittal to the Los Angeles County Community Development Commission.

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

At 8:47 P.M., the order of the agenda was returned to item 1.

MUNICIPAL MATTERS

5. PURCHASE OF ELECTRONIC PARKING METERS FOR THE COMMERCIAL ZONE. Memorandum from Police Chief Val Straser dated April 6, 1999.

Police Chief Straser presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

Public participation opened at 9:21 P.M. Coming forward to address the Council on this item were:

Randy Fortunato - Bottle Inn Restaurant, expressed concern about the increased hours of meter enforcement, from 6:00 P.M. to 10:00 P.M. and the two-hour parking limit, noting that there is no other available parking in the area for his customers; requested that the meters remain free after 6:00 P.M.; and

Mike Lacey - Comedy and Magic Club, said the parking situation has affected his business; said he tripled the size of his kitchen and has a good restaurant clientele; said people arrive early for dinner, and the show ends about 10:00 P.M.; said the meters limit parking to three hours, so people have to go move their cars while the headliners are performing; if they cannot find another parking spot or for any reason do not return, their tab is left unpaid;

Public participation closed at 9:30 P.M.

Action: To approve the staff recommendation to:

1. allow up to four hours per stay at silver meters;
2. approve the purchase of electronic parking meters from Duncan Industries; and
3. approve the appropriation of $104,121 from the Equipment Replacement Fund account for the purchase.

Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton.

6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. LEAF BLOWER ORDINANCE. Memorandum from City Manager Stephen Burrell dated March 31, 1999.

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

Action: To approve staff recommendation No. 1, directing staff to express the Council's opposition to efforts to enact a state preemption on the City's ordinance prohibiting the use of gas powered leaf blowers.

Motion Reviczky, second Oakes. The motion carried, noting the absence of Edgerton.

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

8. OTHER MATTERS - CITY COUNCIL

Requests from Council members for possible future agenda items:

a. Request from Councilmember Reviczky to adopt resolution opposing SBC/Pac Bell's request for authority to charge up to $1.10 for the "411" calls it now charges 25¢ for and to raise the rate of an emergency break through call from $1.00 to $5.00.

Councilmember Reviczky spoke to his request.

Action: To adopt Resolution No. 99-5977, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, OPPOSING SBC/PAC BELL'S APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR EXCESSIVE RATE INCREASES."

Motion Reviczky, second Bowler. The motion carried, noting the absence of Edgerton.

b. Request from Councilmember Reviczky to create a Public Works Commission.

Councilmember Reviczky spoke to his request.

Action: To direct staff to develop standards and bring the item back at a future agenda with additional information for Council review and consideration; in the interim, to maintain a list of names of interested applicants.

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

CITIZEN COMMENTS

No on came forward to address the Council at this time.

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

City Manager Burrell announced that there would be no Closed Session this evening due to the lack of a quorum among the Councilmembers able to vote on the existing litigation case of Macpherson v. City of Hermosa Beach.

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, April 13, 1999, at the hour of 10:00 P.M. to the Regular Meeting of Tuesday, April 27, 1999, at the hour of 7:10 P.M.

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