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 City of Hermosa Beach --- 01-13-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 13, 1998, at the hour of 7:13 P.M.
PLEDGE OF ALLEGIANCE - Maria Glosser, video camera operator
ROLL CALL: Present: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz Absent: Mayor Edgerton (arrived at 7:53 P.M.)
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Mayor Pro Tempore Benz said that he has received many favorable comments on the Hermosa Avenue median strips.
Councilmember Reviczky read a letter from the "Good Shepherd Shelter" expressing appreciation for the Christmas gifts received from the Beach Cities Toy Drive and explaining how joyfully these gifts had been received by both the children and their mothers.
PRESENTATIONS:
PRESENTATION BY BROWNING-FERRIS INDUSTRIES OF "AMERICA RECYCLES DAY" PRIZES TO WINNERS FROM HERMOSA BEACH
Chip Scholz, representing Browning-Ferris Industries, spoke of the recent competition and introduced Albert Robles who presented plaques and police jackets made from a material created from recycled soda bottles to the winners of the local competition, Chelsea Larkin and Kevin Unger. Mr. Robles also commended their teacher Dee Strange for her efforts in recycling for many years. Photo opportunities were supplied by the appearance of "Mobius", the recycling mascot, as Mr. Robles explained that November 15, 1997, was the first of an annual "America Recycles Day" that will emphasis the need not only to recycle but also to purchase products made from recycled materials.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Joanne Edgerton - representing the Hermosa Beach Education Foundation, a non-profit organization that provides extra funding for Hermosa Beach schools, announced that the major fund-raiser for the Foundation would be a Valentine's Dinner/Dance held at the Torrance Hilton on Friday, February 13, 1998, at a cost of $190 per couple with tickets available through the schools or by calling 374-0193.
(b) COUNCIL COMMENTS - None
(c) WRITTEN COMMUNICATION - None
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (m), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Bowler and (f) Reviczky. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Edgerton.
No one came forward to address the Council on items not removed from the consent calendar.
At 7:30 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:
1) Minutes of the Regular Meeting held on December 9, 1997; and, 2) Minutes of the Regular Meeting held on December 23, 1997.
Action: To approve the minutes of the Regular Meeting of December 9, 1997 (noting clerical corrections to the Resolution numbering), and the Regular Meeting of December 23, 1997, as presented. (Mayor Edgerton absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12233 THROUGH 12534 INCLUSIVE, NOTING VOIDED CHECK NOS. 12272, 12431 AND 12515, AND TO APPROVE CANCELLATION OF CERTAIN CHECKS, NOS. 6858, 11747, 12293, 12297, 12317 AND 12407, AS RECOMMENDED BY THE CITY TREASURER.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting in order to question check number 12377 regarding maintenance work in the downtown area and to ask staff for a status on the needed corrections measures.
City Manager Stephen Burrell responded that there should be an item on the agenda of the next meeting, January 27, 1998, giving the status of the corrective measures.
Mayor Edgerton arrived at 7:53 P.M.
Action: To ratify the check register as presented. Motion Bowler, second Reviczky. 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. (Mayor Edgerton absent)
(d) RECOMMENDATION TO RECEIVE AND FILE THE NOVEMBER, 1997, FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and, (3) Investment report.
Action: To receive and file the November, 1997, Financial Reports as presented. (Mayor Edgerton absent)
(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director /Risk Manager Michael Earl dated December 30, 1997.
Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator : 1) Claimant: Arlene R. Herrick Date of Loss: 10/16/97 Date Filed : 11/12/97 Allegation : Claimant alleges that curb located at Hermosa & Pier Avenues caused her to trip and fall sustaining bruises;
2) Claimant: Unispec Construction, Inc. Date of Loss: 12/03/97 Date Filed : 01/05/98 Allegation : Claimant alleges monetary damages resulting from cancellation of contract with the City for construction of the lower Pier Avenue Project. (Mayor Edgerton absent)
(f) RECOMMENDATION TO RECEIVE AND FILE UPDATE ON CITY RESPONSE TO CABLE RATE INCREASE FROM JULY 1, 1997. Memorandum from Assistant City Manager Mary Rooney.
This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting.
Action: To direct staff to draft a letter to Congress urging the Federal Communication Act of 1992 be amended to allow satellite dish companies to broadcast local television station coverage (channels 2 through 13) in order to provide true competition to cable companies, and to file a protest. Motion Reviczky, second Mayor Edgerton. The motion carried by a unanimous vote.
(g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE APPLICATION FOR DISCRETIONARY REGIONAL FUNDS FOR THE RECONSTRUCTION OF BIKEWAY AND PEDESTRIAN PATH ON THE STRAND FROM 24th STREET TO THE NORTH CITY LIMIT. Memorandum from Public Works Department dated December 22, 1997.
Action: To approve the staff recommendation to adopt Resolution No. 98-5898, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." (Mayor Edgerton absent)
(h) RECOMMENDATION TO APPOINT A SUBCOMMITTEE OF COUNCILMEMBERS JOHN BOWLER AND J. R. REVICZKY TO MEET WITH PARKS, RECREATION AND COMMUNITY RESOURCES COMMISSIONER ROBERT ARONOFF AND REPORT BACK TO THE CITY COUNCIL. Memorandum from City Manager Stephen Burrell dated January 6, 1998.
Action: To approve the staff recommendation to appoint a subcommittee of Councilmembers John Bowler and J. R. Reviczky to meet with Parks, Recreation and Community Resources Commissioner Robert Aronoff and report back to the City Council. (Mayor Edgerton absent)
(i) RECOMMENDATION TO ADOPT RESOLUTION ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1998. Memorandum from City Treasurer John Workman dated December 22, 1997.
Action: To approve the staff recommendation to adopt Resolution No. 98-5899, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF AND APPROVING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER FOR THE YEAR 1998." (Mayor Edgerton absent)
(j) RECOMMENDATION TO APPROVE INCREASE OF FUNDS IN THE AMOUNT OF $831.00 FROM THE SEWER FUND FOR INCREASE IN CONSTRUCTION COST PROVIDED BY W.A. RASIC CONSTRUCTION ON THE SANITARY SEWER REHABILITATION PROJECT. Memorandum from Public Works Department dated December 17, 1997.
Action: To approve the staff recommendation to approve an increase of funds in the amount of $831.00 from the Sewer Fund for an increase in construction cost on the Sanitary Sewer Rehabilitation Project provided by W.A. Rasic Construction. (Mayor Edgerton absent)
(k) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 19, 1997.
Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 19, 1997. (Mayor Edgerton absent)
(l) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 17, 1997.
Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of December 17, 1997. (Mayor Edgerton absent)
(m) RECOMMENDATION TO ADOPT RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HERMOSA BEACH MANAGEMENT ASSOCIATION. Memorandum from City Manager Stephen Burrell dated January 8, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5900, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH THE HERMOSA BEACH MANAGEMENT ASSOCIATION.", with the negotiated major changes included of:
4% increase 7/1/98 4% increase 7/1/99 (Mayor Edgerton absent)
2. CONSENT ORDINANCES
(a) ORDINANCE NO. 98-1175 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES." Memorandum from City Clerk Elaine Doerfling dated December 10, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1175. Motion Reviczky, second Oakes.
AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton
(b) ORDINANCE NO. 98-1176 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTER 2.24 OF TITLE 2 OF THE HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE DOWNTOWN BUSINESS AREA ENHANCEMENT DISTRICT COMMISSION." Memorandum from City Clerk Elaine Doerfling dated December 10, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1176. Motion Reviczky, second Bowler.
AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(b) and (f) 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
Councilmember Oakes said that her home was located on one of the streets (Ava Avenue) listed in the Ordinance for policy determination in Item 4, and asked the City Attorney for an opinion on her potential conflict of interest.
City Attorney Michael Jenkins responded that he had not had time to read the Ordinance and could not comment until he had done so.
At the hour of 7:31 P.M. the order of the agenda was moved to item 5.
4. TEXT AMENDMENT TO INCORPORATE POLICY STATEMENTS INTO ZONING ORDINANCE. Memorandum from Community Development Director Sol Blumenfeld dated January 6, 1998, with an Ordinance for introduction and waiver of full reading. Supplemental memorandum from Community Development Director Sol Blumenfeld dated January 12, 1998, with a replacement page 5 for the report (page two of the Ordinance).
City Attorney Jenkins said that there was a potential conflict of interest for Councilmember Oakes in Section 4, Number 2, of the Ordinance and that she could not participate or vote on that portion, or on the Ordinance as a whole if that portion were included, however she could participate in other portions of the Ordinance if taken separately.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:43 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:43 P.M.
Action: To approve Section 4, Numbers 1, 3 and 4 of the Ordinance. Motion Bowler, second Reviczky.
AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton
Further Action: To approve Section 4, Number 2 of the Ordinance. Motion Reviczky, second Bowler.
AYES: Bowler, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: Oakes
Final Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1179, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS." Motion Bowler, second Reviczky.
AYES: Bowler, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton ABSTAIN: Oakes
At the hour of 7:46 P.M., the order of the agenda now went to item 6.
5. TEXT AMENDMENT TO EXTEND THE DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM SIXTY (60) TO NINETY (90) DAYS. Memorandum from Community Development Director Sol Blumenfeld.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:33 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:33 P.M.
Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1178, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17, TO EXTEND THE ALLOWED DURATION FOR DISPLAY OF TEMPORARY SIGNS FROM 60 TO 90 DAYS." Motion Reviczky, second Oakes.
AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None ABSENT: Mayor Edgerton
At the hour of 7:35 P.M., the order of the agenda was returned to item 4.
6. LOS ANGELES COUNTY URBAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND APPROVAL FOR 1998-99. Memorandum from Community Development Director Sol Blumenfeld dated January 5, 1998.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:48 P.M. As no one came forward to address the Council on this item the public hearing closed at 7:48 P.M.
Action: To approve the staff recommendation to approve by minute order the expenditure of the Fourth Year 1998-99 Block Grant estimated allocation of $132,969, to be combined with previous allocation funding, for the removal of architectural barriers to the disabled. Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote of Mayor Pro Tempore Benz and the absence of Mayor Edgerton.
At the hour of 7:50 P.M. the order of the agenda was returned to item 2.
MUNICIPAL MATTERS
7. PROPOSAL FOR TRAFFIC STUDY OF 6th AND 8th STREETS AND ARDMORE AVENUE WEST OF PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated January 6, 1998.
Councilmember Reviczky declared a potential conflict of interest due to living within the area of discussion and left the dais and the room at the hour of 7:58 P.M.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Public participation opened at 8:04 P.M. Coming forward to address the Council on this item were: Scott Alden - 646 Sixth Street, said that Sixth Street eastbound traffic was too heavy, therefore just banning westbound traffic would not solve the problem; requested that the street be closed to all through traffic; and, Michael Schwartz - 632 Eighth Street, said that closing Sixth Street would divert traffic to neighboring streets; asked that a neighborhood intrusion study be undertaken and that any changes made be for a definite trial time period with a mandatory review at the end of the time.
Public participation closed at 8:08 P.M.
Action: To postpone a decision until there is a revised cost estimate for individual smaller studies that could include:
Motion Bowler, second Oakes. The motion carried, noting the dissenting vote of Benz and the absence of Reviczky.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. OIL PROJECT - REVIEW OF THE HAZARD ANALYSIS. Memorandum from City Manager Stephen Burrell dated January 8, 1998.
Councilmember Benz left the dais and the room at 8:10 P.M. due to living within the project area. Councilmember Reviczky remained out of the room due to living within the project area.
City Manager Burrell presented the staff report and responded to Council questions. City Attorney Jenkins also responded to Council questions by saying that if the project was determined not to be safe it would not go forward. Mr. Jenkins also explained that the question of the E.I.R. was not before the Council tonight and suggested that the Council let the project go before the Coastal Commission and deal with the question of a consultant only if the project receives Coastal Commission approval.
Public participation opened at 8:15 P.M. Coming forward to address the Council on this item were: Rosamond Fogg - 610 Sixth Street, submitted information and read from the letter submitted; said that a new E.I.R. was needed as new information regarding safety concerns have arisen that were not addressed in the previous E.I.R.; Nancy Reviczky - 600 Ardmore Avenue, spoke in opposition to oil drilling and expressed her concerns regarding safety issues; Scott Alden - 646 Sixth Street, said he would not stay in Hermosa Beach if the oil project was approved; Ken Conklin - 501 Fourth Street, expressed his support for a new E.I.R.; George Sacks - 225 Valley Drive, said that the City should not push for the oil project as it was not the will of the people; Charlie Cheatham - 548 Second Street, concerned with safety issues; asked the Council to re-study the project in light of new information; and, Karen White - 2540 Ardmore Avenue, said that she would leave the City if the oil project was approved.
Public participation closed at 8:35 P.M.
Action: To direct staff to move forward with a proposal for a consultant and report back to the Council after a determination is made by the Coastal Commission. Motion Bowler, second Mayor Edgerton. The motion carried, noting the dissenting vote of Oakes and the absence of Benz and Reviczky.
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
11. OTHER MATTERS - CITY COUNCIL - None
Councilmember Reviczky returned to the dais at 8:48 P.M.
CITIZEN COMMENTS
Coming forward to address the Council at this time were: Michael Schwartz - 632 Eighth Street, questioned why the Council was discussing the oil project as the vote of the people was to ban oil drilling throughout the City; said he would urge the Council to conduct a subsequent E.I.R. Florence Sacks - 225 Valley Drive, spoke against the oil project.
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 54957.8
a) Property: 545 Cypress Avenue Negotiating Parties: Stephen Burrell Betty Ryan Under Negotiation: Price
b) Property: 700 block, Pacific Coast Highway: Mar Vista Motel Property Negotiating Parties: Stephen Burrell Under Negotiation: Price & Terms of Payment
2. 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.
a. Existing Litigation: Pursuant to Government Code Section 54956.9(a)
Name of Case: Hermosa Beach Walk Street Homeowners, et al. v. City of Hermosa Beach, et al. Case Number: YC028756
b. Receipt of Claim pursuant to Tort Claims Act or other written communication from Unispec Construction, Inc. threatening litigation (copy available for public inspection in City Clerk's office). Pursuant to Government Code Section 54956.9(C)
ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, January 13, 1998, at the hour of 8:50 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:00 P.M. At the hour of 9:35 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 on Tuesday, January 13, 1998 at the hour of 9:35 P.M. to the Regular Meeting of Tuesday, January 27, 1998 at the hour of 7:10 P.M.
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