MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, January 27, 1998, at the hour of 7:12 P.M.

PLEDGE OF ALLEGIANCE - Joanne Edgerton, resident

ROLL CALL:

Present: Bowler, Oakes, Reviczky

Absent: Benz, Mayor Edgerton (arrived at 7:15 P.M.)

MAYOR'S COMMENTS/ANNOUNCEMENTS:

Councilmember Oakes opened the meeting and announced that tonight's interview would be with Ocean Lifeguard Garth Canning. (Mayor Edgerton arrived at 7:15 P.M.)

Mayor Edgerton, his wife Joanne, and Councilmember Oakes spoke on the upcoming dinner/dance to be held in the Penthouse of the Torrance Hilton on Friday, February 13, 1998, as a fund-raiser for the Hermosa Beach Education Foundation, a non-profit organization dedicated to providing additional funding to Hermosa Beach public schools. Auction items were read by Ms. Oakes and the phone number of 372-1785 was given for information or ticket purchase.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, said that she has waited more than two years for changes in the parking signs and almost as long for the Council Chamber remodel; asked again when these would take place; (City Manager Stephen Burrell responded that the parking changes would be before the Coastal Commission in March and the remodel plans were with the County for approval.);

Scott Alden - 646 Sixth Street, read from the "Little Report" and said that new information required the issuance of a subsequent E.I.R.; said that the City should advise Mr. Macpherson now that a new E.I.R. would be required;

Harry Smith - Second Street and Valley Drive, spoke of inadequacies of the E.I.R.; said there were not enough safeguards for potential smells and fumes, fires or truck noise and congestion;

Roger Bacon - 1100 Pacific Coast Highway, said that the "Vetter Windmill Restoration" fund has accrued more than $10,000; asked former Councilmember Chuck Sheldon to match his contribution of $2,500; and thanked the Public Works staff for the lighting that would remain until the restoration is completed;

Virginia Miller - 415 Herondo Street, said that she was appalled by the idea of oil drilling in Hermosa Beach as that would completely destroy the ambiance of the City;

Gert Urhausen - 648 Seventh Street, said that she was opposed to oil drilling; said that the Council should re-think its position because drilling is not a good idea; and,

Claudia Kliszewski - 634 Ardmore, said the most frightening thing was the possibility of liquefaction resulting from oil drilling that could be catastrophic in the event of an earthquake; said that a new E.I.R. was needed.

(b) COUNCIL COMMENTS: Mayor Edgerton asked City Manager Burrell the status of the oil report.

Mr. Burrell responded that the proposal for a consultant to review the oil documents would come before the Council after the Coastal Commission decision next week. He also explained the compliance measures that were required before a Coastal Commission permit could be issued.

(c) WRITTEN COMMUNICATION:

1. Letter from Robert Woodie dated January 7, 1998 regarding commercial airplane noise and LAX expansion project.

Coming forward to address the Council on this item was:

Robert Woodie - 430-29th Street, spoke to his letter, said the traffic pattern on take-off is now further south and much lower, and asked the Council what citizens could do to have the noise alleviated.

Action: To refer the letter to the LAX Expansion Sub-committee; direct staff to send copies of the letter to the FAA, Assemblywoman Bowen, Supervisor Knabe and Mayor Riordan; and, to advise the citizens to send in more complaint letters.

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

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (g), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Mayor Edgerton and (g) Oakes at the request of Shirley Cassell.

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

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 Regular Meeting held on January 13, 1998.

Action: To approve the minutes of the Regular Meeting of January 13, 1998, as presented. (Benz absent)

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 12535 THROUGH 12700, NOTING VOIDED CHECKS NOS. 12631 AND 12666.

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

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

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.

Action: To receive and file the December, 1997, Financial Reports as presented. (Benz absent)

(e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 20, 1998.

Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of January 20, 1998. (Benz absent)

(f) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52295 FOR AN EIGHT (8) UNIT CONDOMINIUM PROJECT AT 1005-1019 MONTEREY BOULEVARD. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1998.

This item was removed from the consent calendar by Mayor Edgerton for separate discussion later in the meeting in order to question why this type of Resolution comes to the Council when the project is already under construction and near completion.

City Manager Burrell responded that the process is required by State law, noting that approval of a final tract map is a ministerial act.

Action: To approve the staff recommendation to adopt Resolution No. 98-5901, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #52295 FOR AN EIGHT-UNIT CONDOMINIUM PROJECT LOCATED AT 1005 - 1019 MONTEREY BOULEVARD, HERMOSA BEACH, CALIFORNIA."

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

(g) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #52158 FOR COMMERCIAL RESORT CONDOMINIUMS AT 1301 THE STRAND. Memorandum from Community Development Director Sol Blumenfeld dated January 20, 1998. Supplemental map from Community Development received January 27, 1998.

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

Coming forward to address the Council on this item was:

Shirley Cassell - Hermosa Beach, said that the final map listed the structure as condominiums and it should be listed as a hotel in order to collect the transient occupancy tax.

City Manager Burrell responded to Council questions. City Attorney Michael Jenkins responded that the term "condominium" was not exclusively for residential use as it could be residential or commercial and this structure was a commercial condominium. Mr. Jenkins suggested that the word commercial be inserted on the face of the tract map for clarification.

Action: To approve the staff recommendation to adopt Resolution No. 98-5902, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL TRACT MAP #52158 FOR A COMMERCIAL RESORT CONDOMINIUM PROJECT LOCATED AT 1301 THE STRAND, HERMOSA BEACH, CALIFORNIA.", with the insertion of the word commercial before condominium on the face of the tract map.

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

2. CONSENT ORDINANCES

(a) 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." Memorandum from City Clerk Elaine Doerfling dated January 15, 1998.

Action: To waive full reading and adopt Ordinance No. 98-1178.

Motion Reviczky, second Oakes.

AYES: Bowler, Oakes, Reviczky, Mayor Edgerton

NOES: None

ABSENT: Benz

(b) ORDINANCE NO. 98-1179 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE TO INCORPORATE CERTAIN POLICIES PREVIOUSLY SET FORTH IN POLICY STATEMENTS." Memorandum from City Clerk Elaine Doerfling dated January 15, 1998.

Action: To waive full reading and adopt Ordinance No. 98-1179.

Motion Bowler, second Reviczky.

AYES: Bowler, Reviczky, Mayor Edgerton

NOES: None

ABSENT: Benz

ABSTAIN: Oakes

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(f) and (g) 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. 1996-97 COMPREHENSIVE ANNUAL FINANCIAL REPORT (INCLUDING REPORT FROM INDEPENDENT AUDITOR), 1996-97 SINGLE AUDIT REPORT. Memorandum from Finance Director Viki Copeland dated January 20, 1998.

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

Public participation opened at 8:09 P.M. Coming forward to address the Council on this item were:

Gary Caporicci - one of the partners in charge of the City audit, said that the financial accounting in Hermosa Beach was well handled, that there was a significant reserve equity, and that the unqualified rating, given to Hermosa Beach, was the highest and best rating that is given; and,

John Workman - City Treasurer, said that financially the City was in great shape.

Public participation closed at 8:12 P.M.

Action: To approve the staff recommendation to receive and file the 1996-97 Comprehensive Annual Financial Report (CAFR), which includes the report from Caporicci and Larson, independent auditors for the City, and the 1996-97 Single Audit Report.

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

5. VETERANS' DAY FLAG DISPLAY PROGRAM. Memorandum from City Manager Stephen Burrell dated January 22, 1998.

Action: To approve the staff recommendation to:

Direct staff to prepare a proposal for consideration during the budget process to have flags displayed on City owned property including light standards on Pacific Coast Highway, Aviation, and Hermosa Avenue;

Approve an effort by staff to publicize display of flags through newsletters, etc. and to meet with all groups interested in developing the program; and,

3. appoint Councilmember Reviczky to serve as liaison for the Council with the veteran's groups.

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

6. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

7. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

8. OTHER MATTERS - CITY COUNCIL

Requests from Councilmembers for possible future agenda items:

a) Request from Councilmember Bowler to form a subcommittee to begin plans for a millennium celebration.

Councilmember Bowler spoke to his request.

Action: To select Councilmembers Bowler and Oakes to serve on a sub-committee to begin plans for the millennium celebration.

Motion Mayor Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of 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: Pursuant to Government Code Section 54956.9(a) - Existing Litigation

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. Name of Case: Hermosa Beach Walk Street Homeowners, et al. v. City of Hermosa Beach, et al.

Case Number: YC028756

b. Name of Case: Boyd v. City of Hermosa Beach

Names of Claimants: Kit & Valerie Boyd

Claim Number: 98-0013

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

City Negotiator:

Stephen Burrell

Employee Organizations:

Hermosa Beach Police Management Association

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned in memory of Juanita Thelan, wife of former Councilmember Quentin Thelan, on Tuesday, January 27, 1998, at the hour of 8:20 P.M. to a closed session.

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 8:35 P.M. At the hour of 9:00 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, January 27, 1998 at the hour of 9:00 P.M. to the Regular Meeting of Tuesday, February 10, 1998, at the hour of 7:10 P.M.

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