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 City of Hermosa Beach --- 05-12-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 12, 1998, at the hour of 7:12 P.M.
PLEDGE OF ALLEGIANCE - Merna Marshall, resident
ROLL CALL: Present: Bowler, Reviczky, Acting Mayor Oakes Absent: Benz, Mayor Edgerton
MAYOR'S COMMENTS/ANNOUNCEMENTS: None
PUBLIC PARTICIPATION :
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Rosamond Fogg - submitted copies of a press release regarding a community meeting to be held by the Stop Oil Coalition May 20, 1998 at the Clark Building; also submitted copies of a July 29, 1996 Ocean Oil Weekly Report article listing Macpherson Oil and 19 other California offshore operators between 1980 and 1995 who underpaid royalties to the U.S. government because they used a different benchmark price for oil; Con Flatley - expressed concern about the delays pertaining to the Fat Face Fenner's Fishack restaurant issue and questioned the Mayor's removal of the item from tonight's agenda; Steve Kenny - 635 Sixth Street, expressed concern about the FFFFishack issue, saying the delays were not in the best interest of business or fairness; and Gary Vincent - expressed concern that the FFFFishack delays were continuing.
(b) COUNCIL COMMENTS:
Acting Mayor Oakes said the FFFFishack item was not on tonight's agenda because of Mayor Edgerton's desire to participate, and noted that the issue would be on the next agenda for the May 28, 1998, meeting.
Acting Mayor Oakes announced that the Hermosa Beach Firefighters Association's annual pancake breakfast was scheduled for Sunday, May 24, 1998, from 7:30 a.m. to noon at the Fire Station.
(c) WRITTEN COMMUNICATION:
1. Letter from Roger Bacon dated April 7, 1998 regarding permits for fundraising activities in Greenwood Park. (Continued from meeting of April 28, 1998)
City Manager Burrell suggested removing the item from the agenda as Mr. Bacon had requested another continuance.
Action: Acting Mayor Oakes directed, with the consensus of the Council, to continue this item to a future meeting as requested by Roger Bacon. (Benz and Mayor Edgerton absent)
2. Letter from Laura Somers of the Redondo Union High School '98 Grad Night Committee requesting a donation for the event.
Coming forward to address the Council on this item was: Laura Somers - representing the Redondo Union High School '98 Grad Night Committee, spoke to her request.
Action: To approve the same monetary donation of $1,000 to the Redondo Union High School Grad Night Committee as had been previously been granted to the Mira Costa High School Grad Night Committee, since both schools had students from Hermosa Beach as graduating seniors. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton.
3. Letter from Rosamond Fogg dated April 28, 1998 regarding a request for AQMD study of carcinogenic risk relating to the oil project. Supplemental letter from Macpherson Oil received May 12, 1998.
Coming forward to address the Council on this item was: Rosamond Fogg - 610 Sixth Street, spoke to her letter; asked the City to determine if this study had been undertaken by the AQMD.
City Manager Stephen Burrell responded to Council questions and said that he would ask the AQMD to respond to Ms. Fogg's letter.
Action: To direct staff to look into the request and to report back to Council once a response on the issue is received from AQMD; also to forward it to the Aspen group. Motion Bowler, second Acting Mayor Oakes. The motion carried, noting absence of Benz and Mayor Edgerton.
4. Letter from Administrative Services Co-op dated May 1, 1998 requesting discussion of the licensing of taxicabs under the new city code.
Action: To receive and file the letter. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (l), with the exception of the following item which was removed for discussion in item 3, but is shown in order for clarity: (e) Reviczky. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Regular Meeting held on April 28, 1998.
Action: To approve the minutes of the Regular Meeting of April 28, 1998, as presented. (Benz and Mayor Edgerton absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 13547 THROUGH 13659, NOTING VOIDED CHECK NOS. 13621 AND 13658.
Action: To ratify the check register as presented. (Benz and Mayor Edgerton absent)
(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.
Action: To receive and file the tentative future agenda items as presented. (Benz and Mayor Edgerton absent)
(d) RECOMMENDATION TO RECEIVE AND FILE THE MARCH, 1998, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report.
Action: To receive and file the March, 1998, Financial Reports as presented. (Benz and Mayor Edgerton absent)
(e) RECOMMENDATION TO APPROPRIATE $850 DONATION FROM BETTY BENOIT MEMORIAL FUND TO THE PUBLIC WORKS ADMINISTRATION/PARKS DEPARTMENT TO BE USED FOR THE PURCHASE OF A PARK BENCH AND PLAQUE. Memorandum from Finance Director Viki Copeland dated May 6, 1998.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to recognize the donors and publicly thank them.
Action: To approve the staff recommendation to appro-priate the $850 donation from the Betty Benoit Memorial Fund to the Public Works Administration/Parks Department to be used for the purchase of a park bench and plaque. Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton.
(f) RECOMMENDATION TO AUTHORIZE MAYOR TO SIGN AN AGREEMENT WITH HARRIS & ASSOCIATES, INC. FOR CONTRACT ADMINISTRATION AND INSPECTION SERVICES FOR THE NORTH PIER PARKING STRUCTURE IN THE AMOUNT OF $275,570. Memorandum from Public Works Director Harold Williams dated May 5, 1998.
Action: To approve the staff recommendation to 1) Authorize the Mayor to sign an agreement with Harris & Associates, Inc. for Contract Administration and Inspection Services for the proposed parking structure north of Pier Avenue, in the amount of $275,570 plus $41,335 as a fifteen percent contingency for a total of $316,905; and, 2) Authorize the Director of Public Works to issue addenda as necessary within the budget limitation. (Benz and Mayor Edgerton absent)
(g) RECOMMENDATION TO BREAK THE MUNICIPAL PIER RENOVATION PROJECT INTO TWO PROJECTS; THE MUNICIPAL PIER STRUCTURAL RETROFIT AND THE MUNICIPAL PIER ARCHITECTURAL UPGRADES, APPROVE AN AMENDMENT TO THE PIER RENOVATION DESIGN CONTRACT WITH HARDING, LAWSON & ASSOCIATES TO BREAK THE PROJECT INTO TWO PHASES AND ADD $4,510 TO THE CONTRACT TO COVER THESE CHANGES; AND ALLOCATE $2,550 IN COUNTY PROP A OPEN SPACE FUNDS TO THE MUNICIPAL PIER ARCHITECTURAL UPGRADES PROJECT TO COVER THE COSTS FOR ARCHITECTURAL RENDERINGS. Memorandum from Public Works Director Harold Williams dated May 5, 1998.
Action: To approve the staff recommendation to:
(h) RECOMMENDATION TO AWARD CONSTRUCTION MANAGEMENT CONTRACT FOR THE MUNICIPAL PIER RENOVATION TO CONCEPT MARINE IN THE AMOUNT OF $187,620; PRESCRIBE THAT THE DIRECTOR OF PUBLIC WORKS REJECT ALL OTHER PROPOSALS; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN 10% OF THE CONTRACT COST. Memorandum from Public Works Director Harold Williams dated May 5, 1998.
Action: To approve the staff recommendation to:
(i) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF LOS ANGELES PUBLIC WORKS DEPARTMENT FOR THE EDUCATIONAL SITE VISIT REIMBURSEMENT PROGRAM. Memorandum from Public Works Director Harold Williams dated May 7, 1998.
Action: To approve the staff recommendation to authorize the City Manager to sign the Memorandum of Understanding with The County of Los Angles Public Works Department for the educational site visit reimbursement program that will provide approximately $7,000 per year in reim-bursement to the City. (Benz and Mayor Edgerton absent)
(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1998-99 MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 98-5907; AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENT WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, THROUGH JUNE 30, 1999, AND SETTING JUNE 9, 1998, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Harold Williams dated May 4, 1998.
Action: To approve the staff recommendation to:
(k) RECOMMENDATION TO APPROPRIATE $30,000 IN PARK AND RECREATION TAX FUNDS(125) TO COVER COSTS FOR REHABILITATION OF TENNIS AND BASKETBALL COURT SURFACES LOCATED AT THE COMMUNITY CENTER AND CLARK FIELD . Memorandum from Public Works Director Harold Williams dated May 5, 1998.
Action: To approve the staff recommendation to appropriate $30,000 in Park and Recreation Tax Funds(125) to cover costs for rehabilitation and resurface of tennis courts #1 through #4, located at the Community Center and the two tennis and two basketball courts at Clark Field. (Benz and Mayor Edgerton absent)
(l) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP # 24696 FOR 3-UNIT CONDOMINIUM PROJECT AT 1550 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated April 30, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5917, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24696 FOR A THREE-UNIT CONDOMINIUM PROJECT LOCATED AT 1550 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA." (Benz and Mayor Edgerton absent)
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 - None
MUNICIPAL MATTERS
4. MOBILEHOME PARK REGULATIONS - MARINELAND MOBILEHOME PARK. Memorandum from City Manager Stephen Burrell dated May 7, 1998. Supplemental letter from G. Steven Anderson, attorney for the Marineland Mobilehome Park property owners, received May 12, 1998.
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Michael Jenkins also responded to Council questions, saying that jurisdiction applied mainly to inspection and maintenance of the Mobilehome Park.
Public participation opened at 7:37 P.M. Coming forward to address the Council on this item were: Marie Horowitz - president of the Marineland Mobilehome Park Homeowners Association, requested that Council enact a rent-freeze urgency ordinance tonight; said local control would be better than state control; Catherine Kenny - Space #28, said market value is different for mobilehomes; submitted an Irvine World News article on how the Irvine City Council helped a non-profit agency purchase a mobilehome park at the request of residents; Steve Anderson - attorney representing Marineland Mobilehome Park property owners, spoke to his letter; Susan Moss - co-owner of the Mobilehome Park site, responded to Council questions; said that her stay in the Mobilehome Park was intended to be of a short-term duration; Sharon St. Clair - 25550 Hawthorne Blvd., Torrance, management company for the Mobilehome Park, responded to Council questions pertaining to state-required setbacks and current number of occupied versus vacant spaces; said 15 spaces had been acquired by the park owners since 1986; said the spaces currently rent from $395 to $795 per month and that the recent increase brought the rents closer together in price; said they were offering five-year leases; Sandra Garcia - Space #9, questioned why the rents needed to be brought closer together since some of the older residents could not afford higher rent; said signing a long-term lease would negate participation in rent stabilization; Scott Kenny - Space # 28, said the rent increases have exceeded the CPI; Darlene Sinatra - Space #52, expressed concern about the rent increases; cited problems with gas leaks; Mary Hudson - Space #56, presented a copy of her letter submitted April 7, 1998; and Ramona Stewart - Space #43, discussed the rent increases that have occurred since she moved in eight years ago.
Public participation closed at 8:25 P.M.
Action: To:
Motion Reviczky, second Bowler. The motion carried, noting the absence of Benz and Mayor Edgerton.
The meeting recessed at the hour of 8:35 P.M. The meeting reconvened at the hour of 8:58 P.M.
5. 6th STREET TRAFFIC STUDY - PACIFIC COAST HIGHWAY TO ARDMORE AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated May 6, 1998.
Public participation opened at 9:00 P.M. As no one came forward to address the Council on this item, public participation closed at 9:00 P.M.
Action: Acting Mayor Oakes directed, with the consensus of the Council, that this item be continued to the meeting of Thursday, May 28, 1998, in order to have a quorum present, as Councilmember Reviczky had declared a potential conflict of interest due to living within the area. (Benz and Mayor Edgerton absent)
6. ACKNOWLEDGMENT OF AMENDMENT TO COASTAL COMMISSION PERMIT FOR PREFERENTIAL PARKING PROGRAM AND LETTERS FROM RESIDENTS REQUESTING CHANGES IN THE PREFERENTIAL PARKING PROGRAM IMPLEMENTATION. Memorandum from City Manager Stephen Burrell dated May 7, 1998. Supplemental petition from South Bay Adult School Parent Education Program students and staff urging reconsideration of parking enforcement changes.
City Manager Burrell presented the staff report and responded to Council questions.
Public participation opened at 9:05 P.M. Coming forward to address the council on this item were: Winston Marshall - 360 - 33rd Place, suggested that the changes be imposed only in the impacted area and that the remaining areas be left alone at this time; said the beach parking problems were different from the nighttime problems and should be handled separately; Janet Buckley - 125 25th Street, opposed the changes as a resident and as a South Bay Adult School teacher; said the changes would impact the school, that parents have difficulty with street parking in the mornings between May 15 and June 15, noting that the school's on-site parking area accommodates afternoon parking needs; said one-hour parking is useless and suggested that the areas further away from the downtown be reassessed; Merna Marshall - 360 33rd Place, suggested attaching a letter to the Coastal Commission form stating that the city reserves the right to change less than what was approved; said parts of the preferential parking area do not have parking problems; said her area did not have a daytime weekday parking problem and suggested no daytime enforcement there Tuesday through Friday; Lisa Ryder - 1940 Monterey Blvd., said the parking problems lessen at 19th Street and opposed allowing areas to opt in or out as traffic would then go the extra half block to park in her neighborhood; thought 10 a.m. to 10 p.m. year-round enforcement was too restrictive; said the only real problems occur nights and weekends and suggested addressing only those hours; suggested offering residents more than one guest pass; Celeste Coar - Loma Drive, suggested that any changes to the hours be temporary since she was not convinced that was the solution; suggested a study of other cities, noting that Beverly Hills offers resident-only parking; suggested that the City work with businesses to allow nighttime parking in the private lots of those businesses that open only during the day, like the post office and other office buildings; Leslie Murdock - Hermosa View Drive, said St. Cross Church is not affected by evening restaurant and bar users but is affected by beachgoers on weekends; said when the church's three parking lots fill up during services, member parking spills over into the street; said extending the parking restrictions year-round would create a great impact on the church membership; Barbara Force - 1950 Monterey Blvd., expressed concern about imposing year-round restrictions from 10 a.m. to 10 p.m. and about the current limits on guest parking permits; said allowing some areas to opt out would simply move the congestion to another area; suggested expanding guest parking for the residents; and Paul Lawson - Pastor, St. Cross Church, 1818 Monterey Blvd., noted that nearby residents use the church parking lots during the week when they are not needed for church services; said he would like the church to be involved with finding a solution to the parking problems.
Public participation closed at 9:25 P.M.
Action: To:
Motion Reviczky, second Acting Mayor Oakes. The motion carried, noting the absence of Benz and Mayor Edgerton.
7. REVISED PROPOSAL FOR A BEACH CONCERT ON SEPTEMBER 19, 1998. Memorandum from City Manager Stephen Burrell dated May 6, 1998. Supplemental letter from Tom Binnion received May 12, 1998.
City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Rooney and Police Chief Straser also responded to Council questions.
Public participation opened at 9:35 P.M. Coming forward to address the council on this item were: Tom Binnion - 244 - 31st Street, representing radio station Star 98.7FM, spoke to his letter proposing that the City receive 100 percent of the net proceeds up to the first $10,000 and 50 percent of any profits above that amount rather than the guaranteed $25,000 minimum previously approved by Council, which he said was unrealistic; said Hootie and the Blowfish were interested in doing the concert; and Robert Lyles - marketing director of Star 98.7, said the concert they did here three years ago was the first one they had done; said because that concert was a good experience for everyone and Hermosa Beach was an ideal community for their listeners, the station wanted to do another concert on the beach.
Public participation closed at 9:40 P.M.
Action: To receive and file the revised proposal. Motion Reviczky, second Acting Mayor Oakes. The motion carried, noting the dissenting vote of Bowler and the absence of Benz and Mayor Edgerton
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. VEHICLE LICENSE FEES. Memorandum from City Manager Stephen Burrell dated May 5, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to take a position of opposing the repeal of the Vehicle License Fee program. Motion Bowler, second Reviczky. The motion carried, noting the absence of Benz and Mayor Edgerton.
b. ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AGREEMENT - PATRICK MALLOY'S RESTAURANT. Memorandum from City Manager Stephen Burrell dated May 6, 1998.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To approve the staff recommendation to receive and file letter from the ABC District Office without taking any action; and to direct staff to return with outdoor dining guidelines for Council review. Motion Bowler, second Acting Mayor Oakes. The motion carried, noting the absence of Benz and Mayor Edgerton.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
10. OTHER MATTERS - CITY COUNCIL
Requests from Councilmembers for possible future agenda items:
a) Request from Councilmember Benz to consider holding a recognition dinner for the top 20 sales tax producers in Hermosa Beach.
Action: Acting Mayor Oakes directed, with the consensus of the Council, to continue this item to the next meeting due to the absence of Councilmember Benz.
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 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: Pursuant to Government Code § 54956.9(a)
Name of Case: Stern v. City of Hermosa Beach Case Number: YC028739
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 12, 1998, at the hour of 10:40 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:02 P.M. At the hour of 11:20 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, May 12, 1998, at the hour of 11:21 P.M., to the Regular Meeting of Tuesday, May 26, 1998 at the hour of 7:10 P.M. (Pursuant to Council policy, because the preceding Monday [May 25] is a holiday, said Regular Meeting will adjourn to an Adjourned Regular Meeting to be held on Thursday, May 28, 1998, at the hour of 7:10 P.M.)
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