MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, July 28, 1998, at the hour of 7:16 P.M.

PLEDGE OF ALLEGIANCE - Jean Lombardo

ROLL CALL:

Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz

Absent: Mayor Edgerton

MAYOR'S COMMENTS/ANNOUNCEMENTS:

Mayor Pro Tempore Benz announced a Household Hazardous Waste Round-Up scheduled for August 29, 1998 from 9 A.M. to 3 P.M. at Hughes Electron Dynamics Division, 3100 West Lomita Boulevard in Torrance, phone 1-888-CLEAN LA He noted that flyers with further information were available at City Hall.

Mayor Pro Tempore Benz requested that tonight's meeting be adjourned in memory of former employee Dick Olson who passed away July 18, 1998. He said Mr. Olson had been a long-time Hermosa resident, a former captain of the Hermosa Beach volunteer fire department, and a valued City employee for 35 years, until he retired as Acting Public Works Supervisor in June 1993. On behalf of the entire City Council, he offered deepest condolences to Mr. Olson's family and announced that memorial donations may be made to the American Cancer Society.

Action: To adjourn tonight's meeting in memory of former City employee Dick Olson.

Motion Mayor Pro Tempore Benz, second Bowler. The motion carried, noting the absence of Mayor Edgerton.

PROCLAMATIONS/PRESENTATIONS:

PRESENTATION OF A CHECK FROM THE HERMOSA BEACH WOMAN'S

CLUB TO THE HERMOSA BEACH POLICE DEPARTMENT

Jean Lombardo, representing the Hermosa Beach Womans' Club, presented to Police Chief Val Straser a check to the Police Department in the amount of $3,000. She said the Club members were very proud of Hermosa's police officers, and the donation was a contribution to the safety of the community.

PRESENTATION OF A BULLETPROOF VEST FROM ROGER BACON

TO THE HERMOSA BEACH POLICE DEPARTMENT

Roger Bacon presented a bulletproof vest to Hermosa Beach Police Officer Dorothy Scheid, calling her the number one sharpshooter in the department and noting that the vest had been custom made for her. He said he was donating the vest to the Police Department in memory of slain former resident Linda Sobek, and introduced the members of Ms. Sobek's family who were in the audience, including her mother Elaine, her brother Steve and his wife and children.

Officer Scheid thanked Mr. Bacon, briefly described some of the features of the ballistic vest and the protection it offered, noting that it weighed about 13 pounds. She then tried the vest on at Mr. Bacon's request.

PROCLAMATION WELCOMING TO HERMOSA BEACH THE

VISITORS FROM SISTER CITY OF LORETO, MEXICO

Mayor Pro Tempore Benz read the proclamation welcoming the children from Loreto who were currently visiting Hermosa Beach and wished them all a memorable time.

CLOSED SESSION REPORT FOR MEETING OF JULY 14, 1998: City Manager Burrell reported that tonight's agenda had erroneously stated that no reportable actions had been taken at the July 14, 1998 closed session when, if fact, Council had authorized staff to enter into negotiations with Russ Lessor of Body Glove for the purchase of the property located directly behind City Hall, at 1309 Bard Street, and that negotiations were underway at this time. He said the closed session announcement had been correctly included in the minutes of the Council's regular meeting (consent calendar item 1[a][2]).

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Ann Sullivan - 60 18th Street, submitted a copy of a Los Angeles ordinance prohibiting dogs on the boardwalk and greenbelt at Venice Beach between 11:00 A.M. and 8:00 P.M. on weekends and holidays during the summer months; and

Judy Garland - 1181 Cypress, said the developers of the proposed Bijou Theater and retail project were attempting to create something unique and diversified to benefit the community; expressed disappointment at Council's negative reaction to their proposal at the previous meeting.

(b) COUNCIL COMMENTS:

Councilmember Bowler noted that he and Councilmember Reviczky represented the City at the initial meeting of the Coastal Cities Caucus that was held last week at the League of California Cities conference in Monterey.

Councilmember Reviczky added that the meeting was interesting and said the act of speaking in one voice might enable cities to effect some changes and obtain funding from the State for beaches. He said one of the comparisons made was that Delaware spends $4.67 per capita on beach restoration and improvements, while California spends only 7 cents per capita on its beaches.

Councilmember Oakes commented on how enjoyable the sunset concerts at the beach had been.

Mayor Pro Tempore Benz concurred and hoped there would be more concerts in the future.

(c) WRITTEN COMMUNICATION:

1. Letter from Ken Christensen, Vice-President/General Manager of Star 98.7 Radio, postponing the free concert scheduled for September 19, 1998.

Coming forward to address the Council at this time was:

Ken Christensen - Star 98.7 general manager, said the sponsors were unable to make a commitment of funds at such short notice and that he would like to reschedule a free beach concert for next year (Mayor Pro Tempore Benz advised him to work with staff on any future concert).

Action: To receive and file.

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

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (j), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Reviczky, (i) Reviczky, and (j) Reviczky.

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

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 Adjourned Regular Meeting held on July 9, 1998; and,

2) Minutes of the Regular Meeting held on July 14, 1998.

Action: To approve the minutes of the Adjourned Regular Meeting of July 9, 1998, and the Regular Meeting of July 14, 1998, as presented. (Mayor Edgerton absent)

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14246 THROUGH 14419 INCLUSIVE, NOTING VOIDED CHECK NO. 14285, AND TO APPROVE CANCELLATION OF CHECK NO. 14147 AS RECOMMENDED BY THE CITY TREASURER.

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

(d) RECOMMENDATION TO RECEIVE AND FILE THE JUNE, 1998, FINANCIAL REPORTS:

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.

Action: To receive and file the June, 1998, Financial Reports as presented. (Mayor Edgerton absent)

(e) RECOMMENDATION TO ADOPT RESOLUTION AMENDING RESOLUTION NO. 90-5422 TO ADD PERMIT FEES FOR TAXICABS OR AUTOS FOR HIRE TO THE MASTER FEE RESOLUTION. Memorandum from Finance Director Viki Copeland dated July 7, 1998.

Action: To approve the staff recommendation to adopt Resolution No. 98-5928, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING RESOLUTION NO. 90-5422 RELATING TO SCHEDULE OF PERMIT FEES FOR TAXICABS AND AUTOS FOR HIRE." (Mayor Edgerton absent)

(f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL PARCEL MAP #24888 FOR A 2-UNIT CONDOMINIUM PROJECT AT 2046 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated July 20, 1998.

Action: To approve the staff recommendation to adopt Resolution No. 98-5929 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24888 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 2046 HERMOSA AVENUE, HERMOSA BEACH, CALIFORNIA." (Mayor Edgerton absent)

(g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING HELD ON JULY 21, 1998.

Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting held on July 21, 1998. (Mayor Edgerton absent)

(h) RECOMMENDATION TO APPROVE USE OF THE PIER BY THE COMMUNITY CENTER FOUNDATION FOR THE HERMOSA BEACH FILM FESTIVAL BEACH SCREENING SCHEDULED FOR THURSDAY, SEPTEMBER 10, 1998 FROM 7:00 PM - 10:00 PM; WAIVE SPECIAL EVENT AND BANNER PERMIT FEES; CHARGE FOR POLICE SERVICES (IF REQUIRED) AT HOURLY RATE; AND, AUTHORIZE THE MAYOR TO SIGN CONTRACT. Memorandum from Community Resources Director Mary Rooney dated July 21, 1998. Supplemental first page to staff report received today from Community Resources.

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

Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to:

1. approve the use of the Pier by the Community Center Foundation for the Hermosa Beach Film Festival beach screening scheduled for Thursday, September 10, 1998, from 7:00 P.M. - 10:00 P.M.;
2. waive special event and banner permit fees;
3. charge for Police services (if required) at hourly rate; and
4. authorize the Mayor to sign the contract;

with direction to staff to preview the film to be shown on the beach to ensure its suitability for general audiences.Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Edgerton.

(i) RECOMMENDATION TO APPROVE THE REQUEST FROM BAY CITIES SURF CLUB TO HOLD A SURF COMPETITION AND "ALOHA DAYS" CELEBRATION ON SATURDAY, SEPTEMBER 26, 1998 AND APPROVE THE EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated July 21, 1998.

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

Community Resources Director Rooney responded to Council questions.

Coming forward to address the Council at this time was:

Abel Ybarra - Bay Cities Surf Club, responded to Council questions; said the reason for moving the stage from the beach to the east end of the Pier Plaza was based on feedback from the merchants donating money to the event who hope that the new location will draw more foot traffic to the business area.

Action: To approve the Parks, Recreation and Community Resources Advisory Commission and staff recommendation to:

1. approve the request from Bay Cities Surf Club to hold a surf competition and "Aloha Days" celebration on Saturday, September 26, 1998; and
2. approve the event contract.

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

(j) RECOMMENDATION TO INSTRUCT CITY CLERK TO POST A NOTICE INVITING SEALED BIDS FOR THE CITY HALL REMODEL PROJECT (CIP #95-622). Memorandum from Fire Chief Pete Bonano dated July 21, 1998.

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

Action: To:

1. form a subcommittee to address items relating to the Council Chambers portion of the remodel project;
2. appoint Councilmembers Reviczky and Oakes to serve on the subcommittee; and
3. authorize staff to proceed with the bid documents on the rest of the City Hall remodel project.

Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton.
City Manager Burrell said staff will prepare the documents to go to bid, and perhaps come back to the next meeting with a recommendation from the subcommittee, and then simply insert the Council Chamber items into the bid package.
2. CONSENT ORDINANCES

a. ORDINANCE NO. 98-1181 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING COLLECTION OF THE UTILITY USERS TAX BY ELECTRICITY PROVIDERS AND AMENDING CHAPTER 3.36 OF THE HERMOSA BEACH MUNICIPAL CODE." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 16, 1998.

Action: To waive full reading and adopt Ordinance No. 98-1181.

Motion Reviczky, second Bowler.

AYES: Bowler, Oakes, Reviczky

NOES: Mayor Pro Tempore Benz

ABSENT: Mayor Edgerton

b. ORDINANCE NO. 98-1182 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO INSURANCE REQUIREMENTS OF REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS." For adoption. Memorandum from City Clerk Elaine Doerfling dated July 16, 1998.

Action: To waive full reading and adopt Ordinance No. 98-1182.

Motion Bowler, second Oakes.

AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz

NOES: Mayor Edgerton

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(h), (i), and (j) 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 - None

MUNICIPAL MATTERS

4. PROPOSED HALF STREET CLOSURE OF 6th STREET AT 190 FEET WEST OF PACIFIC COAST HIGHWAY. Memorandum from Public Works Director Harold Williams dated July 22, 1998.

Councilmember Reviczky declared a potential conflict of interest, stepped down from the dais and left the room.

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

Public participation opened at 7:58 P.M. Coming forward to address the Council on this item were:

Danny Farshadfar - business owner at 601 Pacific Coast Highway, said the street closure would adversely affect his business and would simply divert traffic to Fifth and Eighth streets; also thought banning left turns onto Pacific Coast Highway made no sense, especially during off-traffic times;

Elizabeth Conley - 650 Sixth Street, asked Council to proceed with the temporary street closure which had been granted; said the residents on that street face unique problems;

Steve Kinney - 635 Sixth Street, spoke in support of the street closure; urged Council to proceed with the six-month trial period; and

Margaret MacDonald - 650 Sixth Street, supported moving ahead with the street closure, noting it would be re-evaluated after six months; had no objection to the City requesting that Caltrans remove the right-turn-only sign.

Public participation closed at 8:05 P.M.

Action: To approve the staff recommendation to:

1. reaffirm Council's decision of May 28, 1998, and order the installation of the closure with a ten day notice; and
2. direct staff to request that Caltrans remove the right-turn-only restriction from Sixth Street.

Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton and Councilmember Reviczky.
City Manager Burrell said the closure should take place within 10-14 days and the trial period would end in February 1999.
Councilmember Reviczky returned to the dais at 8:01 P.M.
5. REVIEW OF MULTI-FAMILY RESIDENTIAL PARKING SPACE REQUIREMENT AND OPEN SPACE REQUIREMENT. Memorandum from Community Development Director Sol Blumenfeld dated July 16, 1998.
Community Development Director Blumenfeld responded to Council questions. City Manager Burrell also responded to Council questions.
Public participation opened at 8:18 P.M. Coming forward to address the Council on this item was:Betty Martin - Hermosa Beach, requested that Council reconsider its removal of the 17-foot setback rule in the Shakespeare tract; suggested that the width of the alley be a consideration in determining setbacks.
Public participation closed at 8:20 P.M.

Action: To direct staff to schedule a special meeting, at the earliest date possible when a full Council would be present, to discuss the parking space, setback and open space requirements for all residential zones, noting the Council comments this evening, which included:

1. concerns that single family homes are penalized with higher parking and open space requirements than those applied to multi-family dwellings;
2. concerns about the definition of open space, the use of some decks over driveways counting as open space, and how open space formulas are determined;
3. looking at alternatives such as changing the floor area ratio rather than straight setback rules; and
4. developing ways to ensure the preservation of the architectural character of neighborhoods with new development while allowing for the expansion of lots to the potential allowed by zoning.

Motion Bowler, second Reviczky. The motion carried, noting the absence of Mayor Edgerton.
City Manager Burrell said the special meeting would be set up in a workshop format.
The meeting recessed at 8:30 P.M.The meeting reconvened at 8:50 P.M.
6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

a. FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR SOUTH BAY CITIES COUNCIL OF GOVERNMENTS. Memorandum from City Manager Stephen Burrell dated July 21, 1998.

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

Action: To approve the staff recommendation to adopt Resolution No. 98-5930, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY) PROVIDING FOR THE ESTABLISHMENT OF AN INACTIVE MEMBERSHIP STATUS AND MODIFYING THE AUTHORITY'S QUORUM REQUIREMENT" which would establish a mechanism by which the South Bay Cities Council of Governments' total voting membership for quorum and voting purposes would consist only of member agencies on active status.

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

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL

a. REPORT FROM COUNCIL SUBCOMMITTEE APPOINTED TO INVESTIGATE ALLEGATIONS CONCERNING COMMISSIONER ROBERT ARONOFF OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION. Oral report from Councilmember Bowler and Councilmember Reviczky.

Councilmember Reviczky presented the subcommittee report.

Action: To remove Robert Aronoff from the Parks, Recreation and Community Resources Advisory Commission.

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

8. OTHER MATTERS - CITY COUNCIL - None

CITIZEN COMMENTS - None

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

1. CONFERENCE WITH LEGAL COUNSEL:

a. Existing Litigation: Pursuant to Government Code Section 54956.9(a)

Name of Case: Unispec Construction Inc. v. City of Hermosa Beach.

Case Number: YC031544

Mayor Pro Tempore Benz noted that the following item, although listed on the agenda, would not be discussed in closed session this evening due to lack of a quorum, since two of the four Councilmembers present were unable to participate due to potential conflicts of interest.

b. Existing Litigation: Pursuant to Government Code Section 54956.9(a)

Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach.

Case Number: BC172546

ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, July 28, 1998, at the hour of 8:55 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:10 P.M. At the hour of 9:30 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 in memory of former employee Dick Olson on Tuesday, July 28, 1998, at the hour of 9:31 P.M. to the Regular Meeting of Tuesday, August 11, 1998, at the hour of 7:10 P.M.

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