City of Hermosa Beach --- 09-09-97

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 9, 1997, at the hour of 7:19 P.M.


PLEDGE OF ALLEGIANCE - James Dewey, resident


ROLL CALL:

Present: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS : Mayor Reviczky announced:

1) The Beach Cities Surf Club will be sponsoring "Aloha Day" on Saturday, September 20, 1997, starting with long board surf competition at 10:00 A.M. and continuing with Polynesian/ Hawaiian food, entertainment and vendors throughout the day until 8:30 P.M. and urged everyone to come to this free event at the Pier head; and,

2) The Redondo Beach Dragon Boat Festival on Saturday, September 27, 1997, and said that the Redondo Beach Council had challenged Hermosa Beach Council to a Dragon Boat race and asked if the Council wished to accept the challenge. The Council agreed to the race to be held at 11:00 A.M. in the Redondo Marina.


Councilmember Benz said that he and Councilmember Edgerton would bring their preliminary plans for a "Last Night" Celebration before the Council at the next meeting of September 23, 1997.


PRESENTATIONS:


PRESENTATION OF PLAQUES TO DOWNTOWN ENHANCEMENT COMMISSIONERS


Mayor Reviczky presented plaques of Appreciation to James Dewey, Jerry Newton, Dean Nota, Patricia Spiritus and Dallas Yost for their work on the Downtown Business Area Enhancement District Commission; thanked them for an excellent job in the revitalization of the downtown area; and, praised their volunteer contribution to the City.


Coming forward individually, each Commissioner thanked the Council, City staff, residents of Hermosa and the business owners downtown for assistance, encouragement and the opportunity to serve the community. And, they urged the Council to now concentrate efforts on revitalization of other areas of the City.


PROCLAMATIONS:


COASTAL CLEAN-UP DAY

September 20, 1997


Mayor Reviczky read the proclamation and proclaimed September 20th, 1997, as Coastal Clean-Up Day.


CHILD INJURY AND VIOLENCE PREVENTION WEEK

October 19 - 25, 1997


Mayor Reviczky read the proclamation and proclaimed October 19th through the 25th, 1997, as Child Injury and Violence Prevention Week.


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, spoke of the loss of parking spaces in the downtown area, claiming that 244 spaces have been lost during the revitalization program; asked that she be allowed to speak on consent calendar item 1(b); and read a letter to the Council chiding the ABC sub-committee for its language and conduct;

Charlotte Malone - 260-31st Street, spoke regarding parking for library patrons during City events when the City Hall/Library parking lot is used as a staging area or by event participants; said that many library patrons could only come to the library on Saturday and needed an area reserved for their use only; read the Council's directive to staff for reserved spaces for library patrons from the August 12, 1997, minutes and asked why it had not been followed; (City Manager Stephen Burrell responded that there had not been time to devise a way to sign the lot for library patrons only.); and,

Ron Schneider - Librarian, said that he has received many complaints from library patrons regarding the lack of available parking.


(b) COUNCIL COMMENTS:


Councilmember Edgerton questioned:

1) the possibility of creating cab stands to alleviate the congestion of cruising cabs; (City Manager Burrell responded that this will be included in an item on traffic control on the meeting of Thursday, October 16, 1997.);

2) allowing retail merchants to display wares outdoors as the restaurants were now allowed to do.


Action: To place the issue of retail encroachment permits and guidelines for use on the agenda of the Tuesday, September 23, 1997, meeting.

Motion Benz, second Oakes. The motion carried by a unanimous vote.


3) the health of the new palm trees in the downtown area. (City Manager Burrell responded that the drip irrigation system is not able to compensate for the extreme heat this summer and that additional watering is needed.)


(c) WRITTEN COMMUNICATION:


1. Letter from residents of 31st Street regarding property located at 259 - 31st Street.


Coming forward to address the Council on this item was:

Charlotte Malone - 260-31st Street, said that she lived directly opposite the property and that it has been an eyesore, with no attempt to clear the debris for many months; asked the City to take steps to eliminate this neighborhood problem.


Community Development Director Sol Blumenfeld gave a timeline of the events regarding the property, said the owners had started demolition without permits and then had just done nothing, said that a permit has been approved and the owners just need to pick it up.


Action: To direct Mr. Blumenfeld to return with a progress report on this property for the meeting of Tuesday, September 23, 1997.

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


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: (b) Bowler (for Shirley Cassell), (f) Benz (for comment only), (g) Benz, and (h) Oakes.

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


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


At the hour of 7:51 P.M. the order of the agenda was suspended to go to the public hearing item 4.


(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

  1. Minutes of the Special meeting held on August 7, 1997;
  2. Minutes of the Adjourned Regular meeting held on August 12, 1997;
  3. Minutes of the Regular Meeting held on August 12, 1997; and,
  4. Minutes of the Adjourned Regular meeting held on August 13, 1997.


Action: To approve the minutes of the Special meeting held on August 7, 1997; the minutes of the Adjourned Regular meeting held on August 12, 1997; the minutes of the Regular Meeting held on August 12, 1997; and, the minutes of the Adjourned Regular meeting held on August 13, 1997, as presented.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11140 THROUGH 11430, NOTING VOIDED CHECK NOS. 11231, 11289 AND 13111, AND TO APPROVE CANCELLATION OF CHECK NO. 11159 AS RECOMMENDED BY THE CITY TREASURER.


This item was removed from the consent calendar by Councilmember Bowler, at the request of Shirley Cassell, for separate discussion later in the meeting.


Coming forward to address the Council on this item was:

Shirley Cassell - Hermosa Beach, questioned why the City was using Manhattan Car Wash rather than Hermosa Car Wash to clean its vehicles; said she thought the City should patronize its own businesses.


City Manager Burrell said that the City contracted over a period of time for work and that the Hermosa Beach Car Wash had been closed for remodeling but that the City would renew its contract with Hermosa Car Wash.


Action: To ratify the check register as presented.

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


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


Action: To receive and file the tentative future agenda items as presented.


(d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 1997, FINANCIAL REPORTS:

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.


Action: To receive and file the July, 1997, Financial Reports as presented.


(e) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RECYCLING BLOCK GRANT PROGRAM. Memorandum from Public Works Director Amy Amirani dated August 4, 1997.


Action: To approve the staff recommendation to adopt Resolution No. 97-5881 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BLOCK GRANT FUNDS FROM THE STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RECYCLING BLOCK GRANT PROGRAM."


(f) RECOMMENDATION TO APPROVE EQUIPMENT PURCHASES FOR THE NEW FIRE ENGINE IN THE AMOUNT OF $26,392.02. Memorandum from Fire Chief Pete Bonano dated July 29, 1997.


Councilmember Benz commended the Fire Department for writing its bid in a manner that allowed the bid to be split among the bidders to enable the City to accept the lowest bid per item.


Action: To approve the staff recommendation to approve equipment purchases for the new fire engine, consisting of axes, fire hose and nozzles, small tools, etc., from the following bidders:

1) Wildfire Halprin -- $1,795.71;

2) All Star Fire Equipment -- $10,148.80; and,

3) LN Curtis -- $14,447.51,

for a total amount of 26,392.02.


(g) RECOMMENDATION TO CONTINUE TO RETAIN JOHN L. HUNTER AND ASSOCIATES TO PERFORM TASKS AND ADMINISTER THE CITY'S MUNICIPAL STORM WATER AND URBAN RUNOFF DISCHARGE PROGRAMS AND AUTHORIZE EXPENDITURES OF $30,240 FROM APPROPRIATED $75,000 SEWER FUND FOR NPDES PROGRAM. Memorandum from Public Works Director Amy Amirani dated August 25, 1997.


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


City Manager Burrell presented the staff report and responded to Council questions saying that many, if not all, of the reports listed in the staff item were mandated, not optional.


Proposed Action: To not allocate the money nor approve the contract.

Motion Edgerton, second Benz. The motion was withdrawn by the maker and the second.


Action: To continue this item to the meeting of Thursday, October 16, 1995, in order to have Mr. Hunter attend the meeting to explain his expertise and methods of meeting mandated compliance, plus discussion of innovative programs to accomplish a decrease in local ocean and beach contamination.

Motion Oakes, second Benz. The motion carried, noting the dissenting votes of Bowler and Mayor Reviczky.


Proposed Action: To allocate $30,000 from the appropriated $75,000 sewer fund to initiate storm water diversion or restaurant grease trap programs.

Motion Benz, second Edgerton. The motion failed due to the dissenting votes of Bowler, Oakes and Mayor Reviczky.


(h) RECOMMENDATION TO APPROVE REQUEST FROM ROLLER HOCKEY PROGRAM LEADER TO ADD A GATORADE VENDING MACHINE (WITH A 40% COMMISSION TO THE CITY) TO SOUTH PARK AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE (1) YEAR CONTRACT. Memorandum from Community Resources Director Mary Rooney dated August 28, 1997.


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


Community Resources Director Rooney responded to Council questions.


Action: To approve the staff recommendation to .

  1. Approve the request from the Roller Hockey Program Leader to add a Gatorade Vending Machine (with a 40% commission to the City) to South Park; and
  2. Authorize the City Manager to sign the attached one (1) year contract.

With the direction to staff to monitor the maintenance of the vending machine and add more trash receptacles to the area. Also, staff was directed to post hours of free skating at the rink.

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


  1. (i) RECOMMENDATION TO RECEIVE AND FILE THE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING HELD ON AUGUST 20, 1997.


Action: To approve the staff recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission.


(j) RECOMMENDATION TO REAPPROPRIATE FUNDS TO BOTH THE 1996-97 AND 1997-98 BUDGET. Memorandum from Finance Director Viki Copeland dated August 26, 1997.


Action: To approve the staff recommendation to reappropriate the amounts listed in the staff report, for items budgeted but not completed by June 30, 1997, to both the 1996-97 and the 1997-98 budget.


2. CONSENT ORDINANCES - None


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Items 1(b), (f for comment only), (g), and (h) 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.


The meeting recessed at the hour of 8:35 P.M.

The meeting reconvened at the hour of 9:03 P.M. and continued with item 5.


PUBLIC HEARINGS


4. TEXT AMENDMENT TO CHANGE ZONING VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS AND ADMINISTRATIVE PENALTIES WITH FEW EXCEPTIONS. (Continued from meeting of July 22 1997)


The public hearing opened at 7:52 P.M. As no one came forward to address the Council on this item. The public hearing closed at 7:52 P.M.


Action: To approve the staff recommendation to re-advertise this item for a future meeting.

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


At the hour of 7:53 P.M. the order of the agenda was returned to item 2.


5. ALOHA DAYS: STAGE LOCATION CHANGE AND REQUEST FOR PROP A FUNDS. Memorandum from Community Resources Director Mary Rooney dated September 3, 1997.


Community Resources Director Rooney 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:

Able Ybarra - Beach Cities Surf Club, said that due to radio promotion and word of mouth among the Hawaiian and Polynesian communities, they were receiving inquiries about the event from a large number of people, and, to be prudent they wished to provide shuttle bus service for alternative parking at Mira Costa; and,

Corinne Ybarra - (no address given) said that the Hawaiian bands would start at 10:00 A.M. then the surf bands would begin at 4:00 P.M. and continue to 8:30 P.M. and then time was needed to take down the stage and clean-up.


Public participation closed at 9:11 P.M.


Action: To approve the staff recommendation to:

1) approve the request of the Beach Cities Surf Club to locate the performance stage on the beach south of the pier instead of the west end of the Plaza; and,

2) to allow the allocation of $2,500 of Proposition A funds as payment for shuttle bus service for the event.

With the direction to staff to monitor the bus usage to determine if the buses were needed throughout the event or if they could be discontinued. Also, to secure parking for library patrons during the time the library was open on Saturday.

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


Proposed Action: To allow the bands the option of playing until 10:00 P.M.

Motion Benz, second Edgerton. The motion died due to the dissenting votes of Bowler, Oakes and Mayor Reviczky.


6. TEXT AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE TO ALLOW ADDITIONAL TIME FOR PAYMENT OF SEWER CONNECTION FEES. Memorandum from Community Development Director Sol Blumenfeld dated September 4, 1997. Supplemental information from Community Development Director Sol Blumenfeld dated September 8, 1997.


Councilmember Bowler declared a potential conflict of interest due to his downtown business and left the dais and the room at 9:20 P.M.


Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Michael Jenkins also responded to Council questions.


Public participation opened at 9:35 P.M. Coming forward to address the Council on this item was:

Shane McColgan - Shark's Cove and The Mix, explained his problem and detailed how his opinion that the fee should be exempted for his remodel differed with the decision of the Community Development Department regarding sewer hook-up fees.


Public participation closed at 9:47 P.M.


Proposed Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 97-11 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SEWER CONNECTION FEE, COLLECTION PROCEDURE, SECTION 13.04 OF THE HERMOSA BEACH MUNICIPAL CODE."

Motion Edgerton, second Benz. The motion failed due to the dissenting votes of Oakes and Mayor Reviczky and the absence of Bowler.


Action: To direct staff to return with a complete report of the sewer connection fee procedure including the consideration of having a use fee rather than a hook-up fee for existing buildings and of giving a credit or using the monies collected for anti-pollution programs such as grease traps

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


Councilmember Bowler returned to the dais at 10:00 P.M.


7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


(a) SUPPORT AB1228 (DUCHENEY) AND COASTAL CITIES DIVISION OF LEAGUE OF CALIFORNIA CITIES. Memorandum from City Manager Stephen Burrell dated August 20, 1997.


ACTION: To approve the staff recommendation to approve sending a letter of support for AB1228 and approve sending a letter of interest for coastal cities group.

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


(b) REQUEST FOR MEETING DATE CHANGE FROM TUESDAY, OCTOBER 14, 1997 TO THURSDAY, OCTOBER 16, 1997. Memorandum from City Manager Stephen Burrell dated September 4, 1997.


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


Action: To approve the change of date from Tuesday, October 14, 1997, to Thursday, October 16, 1997, as the date of the first City Council meeting in October.

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


(c) REPORT CONCERNING DOWNTOWN BUSINESSES AND DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. Oral report from City Manager Stephen Burrell. Supplemental letter from Jim Lissner, 2715 El Oeste Drive, received September 4, 1997.


Councilmember Bowler declared a potential conflict of interest due to his downtown business and left the dais and the room at 10:05 P.M.


City Manager Burrell presented an oral report saying that a meeting has been set for Thursday, September 18, 1997, however the time and location have not been determined. Mr. Burrell requested Council direction regarding the City's position on land use issues including hours of operation, noise control, entertainment, activities, etc. noting that the traditional position is that locally elected people are best to determine these issues as they have much more contact with the businesses and the residents of the area.


Action: To:

1) support the position that the City, through its City Council and City staff, is the proper responsible entity to determine City land use issues; and,

2) authorize the expenditure of funds to have the City Attorney research and render an opinion on decisions affecting the City's jurisdiction of land use issues.

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


Councilmember Bowler returned to the dais at 10:17 P.M.


8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None


9. OTHER MATTERS - CITY COUNCIL - None


CITIZEN COMMENTS


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


City Manager Burrell announced a correction of the address under Closed Session item 1 - Real Property Negotiations as 545 Cypress Street rather than 445 Cypress.


City Attorney Jenkins announced that in the case of Keep Hermosa Beautiful v. City of Hermosa Beach (parking structure opponents) the plaintiffs had filed a motion for summary judgment and the City had filed a demurrer and request for dismissal, with these motions to be heard on Wednesday, September 24, 1997, and that the City Attorney would report at the next meeting after the hearing.


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


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


Property: 545 Cypress Street

Negotiating Parties: Stephen Burrell

Under Negotiation: Price & Terms of Payment


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


City Negotiator: Stephen Burrell


Employee Organizations:

  1. Hermosa Beach Police Officers Association
  2. Hermosa Beach Firefighters' Association
  3. Teamsters Union, Local 911
  4. Professional and Administrative Employee Group
  5. Hermosa Beach Management Association


ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 9, 1997, at the hour of 10:22 P.M. to a Closed Session.


CLOSED SESSION - The Closed Session convened at the hour of 10:31 P.M. At the hour of 10:53 A.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, September 9, 1997 at the hour of 10:54 P.M. to the Regular Meeting of Tuesday, September 23, 1997, at the hour of 7:10 P.M.


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