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 City of Hermosa Beach -- 05-13-97
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, May 13, 1997, at the hour of 7:16 P.M.
PLEDGE OF ALLEGIANCE - Donna Love, resident
ROLL CALL: Present: Benz, Bowler, Oakes, Mayor Reviczky Absent: Edgerton (arrived at 7:21 P.M.)
MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Reviczky announced:
Councilmember Oakes announced that there would be a presentation of "Livable Communities" made before the Planning Commission at its next meeting on May 20, 1997, at 7:00 P.M. and urged everyone to come down or view the presentation through cable TV channel 3's live broadcast. Councilmember Bowler concurred with its importance to the community.
Councilmember Edgerton inquired regarding yellowing grass on Noble Park and the possibility of purchasing additional benches. Councilmember Oakes asked regarding the Greenbelt plans. City Manager Stephen Burrell responded that there was a break in the irrigation system that would be repaired and that the Parks, Recreation and Community Resources Advisory Commission would make recommendations for the Council at its next meeting.
Councilmember Benz inquired when the Fire Department Disaster Preparedness volunteer training would start. City Manager Burrell responded that the kick-off was tentatively scheduled for July 3rd.
PRESENTATIONS:
Certificate of Appreciation to Robert BlackwoodPersonnel Director/Risk Manager
Mayor Reviczky read the presentation, thanking Robert Blackwood for his 15 years of service with the City, then presented Mr. Blackwood with the Certificate and a Plaque of Appreciation from the City. Mr. Blackwood thanked the Council and City staff with whom he had worked.
Presentation of Check for $1,500 for the City's 90th Birthday Celebration from Soldier of Fortune Productions, Inc.
Terry Spacek with the "Soldier of Fortune" TV series, which will be filmed in Hermosa Beach, presented a check for $1,500 to representatives of the Hermosa Beach Sister City Association for its upcoming birthday celebration for Hermosa Beach and its sister city of Loreto, Mexico.
PROCLAMATIONS:
Water Awareness MonthMay, 1997
Mayor Reviczky presented a Proclamation for "Water Awareness Month" to Carol Kwan of the West Basin Water District. Ms. Kwan thanked the City, offered informational materials and said that any group that wished to tour its water treatment plant in El Segundo could make arrangements through her office.
National Public Works WeekMay 18 - 24, 1997
Mayor Reviczky announced "National Public Works Week."
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time was: Patrick Tanaka - 29 Fifth Street, spoke regarding parking enforcement; suggested two amnesty tickets per year for residents with parking permits who were ticketed for street sweeping violations.
(b) COUNCIL COMMENTS: Mayor Reviczky directed, with the consensus of the Council, that the order of the agenda be suspended in order for Written Communication item (c)2 to be combined with item 9(b) and moved to after the public hearing item 4.
(c) WRITTEN COMMUNICATION:
1. Letter from Betty Noble dated March 31, 1997, regarding banning dogs from Noble Park.
Action: To receive and file the letter and review the problem after the irrigation system at the park was repaired to determine if this would revive the yellowing grass areas. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
2. Memorandum from Planning Commission dated May 1, 1997, regarding Lower Pier Avenue Street Closure.
Coming forward to address the Council on this item was : Leslie Newton - 2041 Circle Drive, said that she concurred with the Planning Commission recommendation, that as a retail business owner in the area, it would be better for the businesses if lower Pier Avenue were allowed to become a pedestrian magnet.
Action: To receive and file as an informational item. (see item B above.) Motion Bowler, second Oakes. The motion carried by a unanimous vote.
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: (a) Mayor Reviczky. Motion Bowler, second Oakes. The motion carried by a unanimous vote.
No one came forward to address the Council on items not removed from the consent calendar.
At 7:49 P.M. the order of the agenda was suspended to go to the public hearing at item 4.
1) Minutes of the Adjourned Regular Meeting held on April 29, 1997.
This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting.
Action: To approve the minutes of the Adjourned Regular Meeting of April 29, 1997 as amended in item 1(g) to include the following Italicized wording on page 9407: "...to clarify that payment would not be required until after the work had been done and the district is funded." Motion Mayor Reviczky, second Bowler. The motion carried by a unanimous vote.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 10053 THROUGH 10187 INCLUSIVE, NOTING VOIDED CHECK NO. 10112, AND TO APPROVE CANCELLATION OF CHECK NO. 10136 AS RECOMMENDED BY THE CITY TREASURER.
Action: To ratify the check register as presented.
(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 APPROVE THE USE OF THE GREENBELT PARKING LOT FOR FARMERS' MARKET DURING HOTEL CONSTRUCTION. Memorandum from Community Resources Director Mary Rooney dated May 6, 1997.
Action: To approve the staff and Chamber of Commerce recommendation to approve the use of the Greenbelt Parking Lot at Valley Drive and Tenth Street on Fridays from Noon to 4:00 P.M. for the Chamber sponsored Farmer's Market during the downtown hotel construction period.
(e) RECOMMENDATION TO AWARD CONTRACT FOR THIRD PARTY ADMINISTRATION OF LIABILITY CLAIMS TO FLEMING & ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR A THREE YEAR TERM COMMENCING JULY 1, 1997. Memorandum from Personnel Director Robert Blackwood dated May 6, 1997.
Action: To approve the staff recommendation to award the contract for Third Party Administration of Liability Claims to Fleming & Associates and authorize the City Manager to negotiate and execute a contract for the three year term commencing July 1, 1997 through June 30, 2000, at a cost of no higher than $9,750 per year, and with an option to negotiate a two year extension based on performance.
(f) RECOMMENDATION TO ADOPT RESOLUTION APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Memorandum from City Clerk Elaine Doerfling dated May 7, 1997.
Action: To approve the staff recommendation to adopt Resolution No 97-5854, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY.", in order to appoint an interim delegate, Viki Copeland, in the absence of Robert Blackwood.
(g) RECOMMENDATION TO APPROVE PURCHASE OF LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT. Memorandum from Police Chief Val Straser dated April 30, 1997.
Action: To approve the staff recommendation to 1. approve the purchase of three laptop computers for the police department at a cost of $3,671 each, plus tax, the total cost of $11,921.58 to come from the COPS grant money: 153-2106-5402; and, 2. approve contract purchase based upon the State of California Multiple Award Schedule with Dell Computers: CMAS contract number: 3-94-70-0012.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(a) 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
4. APPEAL OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR AN R-1 PLANNED DEVELOPMENT FOR A FIVE-LOT SUBDIVISION (FOR THE DEVELOPMENT OF FOUR SINGLE FAMILY DWELLINGS AND A PRIVATE STREET), VESTING TENTATIVE TRACT MAP #52278 AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 532 - 540 20TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated May 7, 1997, with a resolution for adoption.
Community Development Director Blumenfeld presented the staff report, responded to Council questions and introduced Bruce Lewis, representing Hawthorne Savings.
Bruce Lewis spoke to the problem of rainfall drainage in the area and gave a history of the flooding problems showing maps, topographical studies, schematics and renderings. Mr. Lewis responded to Council questions and detailed the remedial actions to be taken as the project was developed which included permeable paving, drainage pipes, water pumps and a peak water runoff catch basin.
The public hearing opened at 8:30 P.M. Coming forward to address the Council on this item were: Dave Siebert - Manhattan Beach, said that this was a good development for the site as westerly slope development would create greater problems with water runoff for the area; Gordon Evans - 1769 Valley Park Avenue, spoke of the flooding history in the area; said that previously there had been two large sumps to collect water, one near 20th Street and one at the City Yard and that in heavy rainfall the Fire Department had pumped water using the Fire hoses; and, said that the westerly hill was a sand hill, mainly silica which sheds water like glass; Vicki Garcia - 1835 Valley Park Avenue, said that she appreciated the efforts taken by the developers to try to mitigate the water runoff problem; questioned if the private street could be required to be made of permeable material in perpetuity to preclude solid paving at some future time; and, said that she had a swimming pool, which requires a six foot height from both sides of the fence, and questioned how the two foot raise in elevation for this development could accommodate this requirement; John Burt - 1152 Seventh Street, expressed concern regarding short water pipes; (first name indistinct) Garcia - Valley Park Avenue, spoke regarding a similar situation in Redondo Beach in which the development had been allowed to connect to the County storm drain; Celeste Coar - 2004 Loma Drive, spoke of the gardens at the top of the westerly slope on lot 4 and the trail that led up to them from the Valley area; said the trail had been used by residents and visitors for a long time and that the gardens would fall without a 12 to 16 foot retaining wall; and, Lisa Ryder - 1940 Monterey Blvd., spoke regarding saving the mature trees on the project; said that she understood that the two pine trees and the liquid amber tree could be saved and hoped they would not "accidentally" be destroyed during development, but questioned why the eucalyptus tree could not also be saved; said that Manhattan Beach had a tree ordinance that prevented mature trees from being cut down and asked why Hermosa did not enact a similar ordinance.
The public hearing closed at 8:56 P.M.
Proposed Action: To deny the project and request that the developers go back to Los Angeles County to obtain permission to connect to the County storm drain. Motion Edgerton. The motion died due to the lack of a second.
Public Works Director Amy Amirani responded to Council questions and said that the County would not allow a diversion of water flow that could create a problem to another area. City Attorney Michael Jenkins also responded to Council questions and said that a separate agreement could be required of Hawthorne Savings to indemnify the City from water runoff lawsuits.
Action: To approve the staff recommendation to sustain the Planning Commission's decision to approve the Subdivision, Conditional Use Permit for an R-1 PD Planned Development, Vesting Tentative Tract Map #52267 subject to conditions, and to approve the resolution in concept subject to the following conditions:
Motion Bowler, second Mayor Reviczky. The motion carried by a unanimous vote.
The meeting recessed at the hour of 9:35 P.M. The meeting reconvened at the hour of 9:58 P.M. and heard combined items (c)2 and 9(b) but all items are shown in order for clarity.
MUNICIPAL MATTERS
5. PROGRESS REPORT - LIBRARY COMMITTEE. Memorandum from City Manager Stephen Burrell dated May 7, 1997.
This item was heard at 10:50 P.M.
City Manager Burrell presented the staff report saying that new legislation provides that notice given to the County in December, 1997, will result in an effective withdrawal on July 1, 1998, with funds from property taxes now received by the library shifted to the City.
Mr. Burrell continued and said that after the committee members visit other sites, in order to compare a City-operated library with the County operation, a proposal will be developed and presented to the City Council in the early fall with plenty of time for public hearings before a decision is made on whether or not to provide notice to the County and actually implement a City-operated alternative.
Action: To approve the staff recommendation to accept the report and acknowledge that staff will be spending time on developing information and providing support to the committee. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
Action: To continue this item to the Adjourned Regular Meeting of May 29, 1997. Motion Bowler, second Edgerton. The motion carried by a unanimous vote.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. OUTDOOR DINING PROGRAM - LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated May 7, 1997.
City Manager Burrell presented the staff report and responded to Council questions.
Action: To receive and file the memorandum detailing the Planning Commission study (to be heard at its May 20, 1997 meeting) of an outdoor dining program, subject to guidelines and the encroachment permit process, and which includes the parking plan, outdoor dining guidelines, the ordinance text amendment and the resolution authorizing an application to the Coastal Commission, which will come before the Council through an appeal at the May 29, 1997, meeting. Motion Mayor Reviczky, second Edgerton. The motion carried by a unanimous vote.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
9. OTHER MATTERS - CITY COUNCIL
Requests from Councilmembers for possible future agenda items:
a. Request from Councilmember Benz to direct staff to follow the policy set by the Council regarding issuance of parking tickets.
Councilmember Benz spoke to his request. City Manager Burrell responded to Council questions.
Action: To direct staff to return with wording for a Council policy decision regarding the issuance of parking tickets. Motion Benz, second Bowler. The motion carried by a unanimous vote.
b. Request from Mayor Pro Tem Edgerton to schedule a discussion on vehicle access to Lower Pier Avenue. (This item was combined with item (c)2 and heard prior to item 5 at the hour of 9:59 P.M., but is shown in order for clarity.)
Councilmember Edgerton spoke to his request.
Public participation opened at 10:03 P.M. Coming forward to address the Council on this item were: Janet (last name indistinct) - 53-D Pier Avenue, said that she concurred with the concept of a pedestrian mall as long as there was adequate parking in the area, but felt that there should be parking allowed during the day (banned at night) while the parking structure was under construction; Don Falkenstien - Hermosa Beach, spoke in support of parking on lower Pier Avenue; Chris Pike - Sangria, spoke in favor of a pedestrian mall, but agreed with parking during the day while the parking structure was under construction; John Burt - 1152 Seventh Street, spoke in support of parking; Jerry Newton - 2041 Circle Drive, spoke in favor of a pedestrian mall; expressed concern with the traffic flow at the turn around area and felt this would be both a bottle-neck and a potential safety problem; suggested a public hearing after a 30 day trial with no parking; Bill Bastian - Patrick Malloy's, opposed to traffic in the area; favored a pedestrian mall as a nicer alternative; questioned the Beach Drive exit and potential traffic confusion; (name indistinct) - Cantina Real, asked that there be no traffic for the safety of the pedestrians; Alice Villalobos - 1947 Manhattan Avenue, said that she loved what is happening to the downtown area and would like it to be a pedestrian mall; said that Cinco de Mayo showed what the area could become with music and people in the street; Lionel Vincent - 1816 Stanford, Redondo beach, said that in order to make a promenade you had to eliminate automobiles; said that out of every ten cars going into the area nine would not find a place to park; said that the retail merchants had more to gain from people walking by a shop to look in the windows than from someone passing by in an automobile; Ed Perry - Brewski's, said that he was going to open for lunch and would need the parking as there was not enough downtown activity to support a lunch crowd that did not drive to the area; said that a no parking plan would slow down Coastal Commission approval of outdoor dining; Lisa Ryder - 1940 Monterey Blvd., said that she was thrilled at the thought of a pedestrian mall in the downtown; said that she would feel safer taking her small children if there were no automobile traffic and thought that other families would use the area more as well; and, said that she lived nearby and went into the downtown often and had rarely had a parking problem during week-days, agreed that there was a problem on the week-ends and at night; Gary Wayland - 1097 Aviation, said that he had worked for years to encourage the upgrade of the downtown area; said that he believed that a reasonable decision could be reached and urged the Council to ban cars for at least 30 days and then have a public hearing for a decision; Dallas Yost - Pacific Screenprint, said that his business needed the parking; suggested that the Council allow parking until the CUPs for outdoor dining were in place as the area would be deserted until that happened anyway; Peter Rowels - 1037 Sunset Drive, agreed with Mr. Yost; asked that things be left with parking the way it had been; Ron Pizer - 518 Strand, urged that the Council leave the street closed for 90 days to give people a chance to realize what was happening; said that the vast majority of people and business owners that he had talked with wanted the street to be closed; Missy Sheldon - 1800 Strand, urged the Council to vote to consider a public hearing to allow the downtown area to be a pedestrian mall; said that most people assumed that there would be no traffic in that area anyway; asked that the Council try not having cars on the new paving and then if it did not help business there could always be a change; said that the great thing about the downtown improvements was the flexibility that had been built into the plan; and, said that there were many things that could be considered such as valet parking, tandem parking in one lot and the possibility of street parking in winter months when outdoor dining would be impractical; Jim Dewey - 711 Manhattan Avenue, said that the downtown parking could not be considered as beach parking as it was limited to only one hour; urged that the Council have a public hearing before allowing cars into the area and to keep it closed to traffic while it is new and clean; Patrick Tanaka - 29 Fifth Street, spoke in favor of a closed street; said that it would be like the European cities with pedestrian promenades and outdoor dining; and, (name indistinct) - Il Boccaccio, spoke in favor of valet parking.
Public participation closed at 10:38 P.M.
City Manager Burrell said that the earliest that automobiles might be able to drive in the area would be June 9th and the City was planning a grand opening of the renovation for June 28, 1997. Mr. Burrell also said that parking removal would require the provision of alternate spaces with the Coastal Commission.
Action: To return with a time table and suggested Council considerations at the meeting of May 29, 1997. Motion Edgerton, second Bowler. The motion carried by a unanimous vote.
CITIZEN COMMENTS
Coming forward to address the Council at this time was: John Burt - 1152 Seventh Street, said he was in favor of outdoor dining; and, expressed concern regarding the Police Department's purchase of laptop computers.
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.
a. Existing Litigation: Pursuant to Government Code Section 549567.9(a)
Name of Case: Hermosa Beach Walk Street Homeowners, Steve Yeager, George Lanz, Charles Danforth and Savitri Carlson v. City of Hermosa Beach
Case Number: YC028756
2. CONFERENCE WITH LABOR NEGOTIATORGovernment Code Section 54957.6
City Negotiator: Stephen Burrell
Employee Organizations: As Follows:
ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 1997, at the hour of 11:00 P.M. to a Closed Session.
CLOSED SESSION - The Closed Session convened at the hour of 11:05 P.M. Councilmember Edgerton declared a conflict of interest due to living in the area of the Hermosa Beach Walk Street Homeowners Case and left the meeting at the hour of 11:15 P.M. At the hour of 11:45 P.M. the Closed Session adjourned to the Regular Meeting.
ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement, but it was announced that the closed session would be continued May 15, 1997, after the Adjourned Regular Meeting.
ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, May 13, 1997 at the hour of 11:46 P.M. to the Adjourned Regular Meeting of Thursday, May 15, 1997 at the hour of 7:00 P.M.
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