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 City of Hermosa Beach --- 09-14-99MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 14, 1999, at the hour of 7:20 P.M.
PLEDGE OF ALLEGIANCE - Shirley Cassell
ROLL CALL : Present: Benz, Bowler, Edgerton, Reviczky, Mayor Oakes Absent: None
PRESENTATION :
PRESENTATION OF PLAQUE TO PETER TUCKER IN RECOGNITION OF HIS SERVICE ON THE PLANNING COMMISSION
Former Planning Commissioner Peter Tucker was not present to receive his plaque. Mayor Oakes said the plaque would be forwarded to him and expressed appreciation for his many years of excellent service to the community.
ANNOUNCEMENTS : Mayor Oakes announced and invited all residents to participate in the millennium aerial hometown photograph at the beach Sunday, September 19, 1999 from noon to 3:00 P.M. She reminded everyone that October 1, 1999 was the deadline for purchasing, at $100 each, millennium walkway bricks, which could be engraved. She then announced that Saturday, September 18, 1999 was California Coastal Cleanup Day from 9:00 A.M. to noon, and said this was an excellent event to help keep the beaches clean and educate the children.
Councilmember Edgerton said there would be a dunk tank at the hometown photo site and encouraged all Councilmembers to take a turn getting dunked, noting that the proceeds would benefit the Hermosa Beach Education Foundation.
PUBLIC PARTICIPATION : (a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were:
(b) WRITTEN COMMUNICATIONS
1. Letter from various residents regarding a vicious dog on Third Street .
Motion Bowler, second Mayor Oakes. The motion carried by a unanimous vote. 2. Letter from the Heart of Hermosa Coalition requesting improvements to 14th Street . No one came forward to address the Council on this item.
Action : To receive and file the letter, and suggest that the residents work with staff regarding their request to beautify the barricades to determine the cost of the proposed improvements. Motion Mayor Oakes, second Bowler. The motion carried by a unanimous vote. 3. Letter and petition from Phyllis Macek regarding the barricade at Ocean View and Third Street . Coming forward to address the Council on this item was:
City Manager Burrell responded to questions, saying the final traffic report has been completed and the proposed change to the City's Circulation Element would designate that section of Ocean View as a walk street.
Motion Mayor Oakes, second Reviczky. The motion carried by a unanimous vote. 4. Letter from Parker Herriott regarding lighting and signage at Noble Park . Coming forward to address the Council on this item was:
City Manager Burrell responded to Council questions.
Action : To direct staff to look into the posting of "No Bicycles In The Grass" signs at the park. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. 5. Letter from Roger Bacon requesting approval of the Surfer's Walk of Fame Banner Program - Los Angeles Marathon 2000 . Coming forward to address the Council on this item was:
Action: To approve the request to allow the display of a banner across Pacific Coast Highway near First Street for use by the Los Angeles Marathon 2000 for a 30-day period, starting in early February 2000. Motion Benz, second Edgerton. The motion carried by a unanimous vote. 6. Letter from Jim Lissner regarding insurance for events . Proposed Action: To limit the number of letters a person may place on any agenda to two letters. Motion Benz, second Edgerton. That motion was withdrawn based on the advice of City Attorney Jenkins that the issue be brought back for action at a future meeting as it was not listed on this agenda. Action: Mayor Oakes, with Council consensus, directed staff to bring back at a future meeting the issue of limiting the number of written communications per agenda. Coming forward to address the Council on this item was:
Action: To receive and file the letter. Motion Bowler, second Mayor Oakes. The motion carried by a unanimous vote. 7. Letter from Jim Lissner regarding the Fire Chief position . Coming forward to address the Council on this item was:
Action: To receive and file. Motion Benz, second Bowler. The motion carried by a unanimous vote. 8. Letter from Jim Lissner requesting a sales tax breakdown by business category within each geographic area . Coming forward to address the Council on this item were:
City Manager Burrell responded to Council questions.
Action : To direct staff to return with a proposal from HDL for business category breakdowns. Motion Edgerton, second Benz. The motion carried by a unanimous vote. 9. Letter from Jim Lissner requesting quality, lighted, temporary restrooms on Pier Avenue . Coming forward to address the Council on this item was:
Action: To receive and file. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
10. Letter from Jim Lissner regarding the appearance of, and tax revenue to the City from, Pacific Coast Highway . Coming forward to address the Council on this item was:
City Manager Burrell responded to Council questions.
Action : To receive and file. Motion Benz, second Reviczky. The motion carried by a unanimous vote.
11. Letter from Jim Lissner regarding liquor sales to underage persons . Coming forward to address the Council on this item was:
Action: To receive and file the letter. Motion Benz, second Edgerton. The motion carried by a unanimous vote. City Manager Burrell announced the request to continue public hearing item 5 to the September 28, 1999 meeting, noting that Planning Commission consideration would be postponed as well from September 21 to the October 19, 1999 meeting.
1. CONSENT CALENDAR :
Action : To approve the consent calendar recommendations (a) through (v), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (e) Reviczky, (j) Reviczky, (k) Reviczky for Jim Lissner, (m) Bowler, (o) Mayor Oakes, (p) Bowler, (q) Benz, (r) Bowler, (u) Reviczky, and (v) Benz. Motion Reviczky, 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 8:31 P.M., the order of the agenda was suspended to go to public hearing item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES :
Action: To approve, as presented, the minutes of 1) the Regular Meeting of July 13, 1999; 2) the Adjourned Regular Meeting of July 27, 1999; 3) the Regular Meeting of July 27, 1999; and 4) the Adjourned Regular Meeting of August 10, 1999.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18295 THROUGH 18688, NOTING VOIDED CHECK NOS. 18419, 18441, 18447, 18473, 18559 AND 18607, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 18197, 18309, 18313, 18468, 18569 AND 18600, AS RECOMMENDED BY THE CITY TREASURER .
Action: To ratify the check register as presented. (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .
Action : To receive and file the tentative future agenda items as presented.
(d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 1999 FINANCIAL REPORTS :
Action: To receive and file the July 1999 financial reports as presented.
(e) RECOMMENDATION TO ACCEPT AND APPROPRIATE THE FOLLOWING DONATIONS GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT AND TO THE POLICE DEPARTMENT FOR THE FOLLOWING PURPOSES:
Memorandum from Finance Director Viki Copeland dated September 7, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to publicly acknowledge and thank the donors.
Action : To accept the donations listed above, which were given to the Community Resources and Police departments. Motion Reviczky, second Bowler. The motion carried by a unanimous vote. (f) RECOMMENDATION TO APPROVE LEASE AGREEMENTS BETWEEN THE CITY AND THE ASSOCIATION FOR RETARDED CITIZENS, EASTER SEALS SOCIETY AND SOUTH BAY CENTER FOR COUNSELING FOR SPACE IN THE COMMUNITY CENTER . Memorandum from Community Resources Director Mary Rooney dated July 19, 1999.
Action : To approve the Parks, Recreation and Community Resources Commission and staff recommendation to approve the following Community Center lease agreements:
(g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 3, 1999 .
Action : To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of August 3, 1999.
(h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 17, 1999 . Action: To receive and file the action minutes from the Planning Commission meeting of August 17, 1999. (i) RECOMMENDATION TO APPROVE REAPPROPRIATION OF FUNDS FROM 1998-99 AND APPROPRIATE FUNDS FOR MAINTENANCE OF DOWNTOWN HOLIDAY DECORATIONS . Memorandum from Finance Director Viki Copeland dated September 1, 1999.
Action : To approve the reappropriation of funds (total $141,792) from Fiscal Year 1998-99, as presented in the staff report, and appropriate funds ($1,200) for maintenance of the already budgeted downtown holiday decorations, as recommended by staff.
(j) RECOMMENDATION TO APPROVE THE PURCHASE OF THREE (3) CNG TOYOTA CAMRIES, AT A COST OF $65,973.00, DIRECT FROM TOYOTA MOTOR SALES CORPORATE FLEET DEPARTMENT AS REPLACEMENT VEHICLES . Memorandum from Finance Director Viki Copeland dated August 31, 1999. Supplemental letter from James Lissner, 2715 El Oeste, dated September 10, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting concerning the use of AQMD clean air grants to fund the purchase of the replacement vehicles.
Action : To approve the purchase of three CNG Toyota Camries, at a cost of $65,973.30, direct from Toyota Motor Sales Corporate Fleet Department as replacement vehicles for the Public Works, Community Development and Finance departments, as recommended by staff. Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote. (k) RECOMMENDATION TO APPROVE THE PURCHASE OF TWO (2) POLICE DETECTIVE VEHICLES (ONE CHEVY IMPALA AND ONE DODGE INTREPID) FROM CORMIER CHEVROLET OF LONG BEACH AND CLAUDE SHORT DODGE OF SANTA MONICA . Memorandum from Police Chief Val Straser dated August 24, 1999. Supplemental letter from James Lissner, 2715 El Oeste, dated September 10, 1999.
This item was removed from the consent calendar by Councilmember Reviczky at the request of Jim Lissner, for separate discussion later in the meeting. Coming forward to address the Council on this item was:
Action: To authorize the purchase of two new police detective vehicles, as recommended by staff: 1) one Chevy Impala from Cormier Chevrolet of Long Beach at a cost of $20,332.76; and 2) one Dodge Intrepid from Claude Short Dodge of Santa Monica at a cost of $19,465.52. Motion Reviczky, second Benz. The motion carried by a unanimous vote. (l) RECOMMENDATION TO APPROVE THE PURCHASE OF FIRE HOSE FROM SOUTH COAST FIRE EQUIPMENT, INC. OF SANTA ANA AT A COST OF $6,859.53 . Memorandum from Interim Fire Chief Julian Ysais dated September 2, 1999.
Action : To authorize the purchase of fire hose from South Coast Fire Equipment, Inc., at a cost of $6,859.53, from the Fire Flow Fund, as recommended by staff. (m) RECOMMENDATION TO APPROVE TRANSFER OF OWNERSHIP OF STINNETT WELL #1 FROM MACPHERSON OIL COMPANY TO THE CITY OF HERMOSA BEACH BY DESIGNATING THE CITY MANAGER AS "AGENT"; SUPPLYING THE REQUIRED BOND; AND, DIRECTING THE CITY MANAGER TO BEGIN THE PROCESS OF ABANDONING THE WELL . Memorandum from City Manager Stephen Burrell dated August 17, 1999.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions.
Action : To 1) designate the City Manager as "agent," with the required bond to be supplied by the City, and 2) direct the City Manager to begin the process of abandoning the well, as recommended by staff. Motion Bowler, second Edgerton. The motion carried, noting the abstention by Reviczky. (n) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR . Memorandum from Personnel Director/Risk Manager Michael Earl dated September 7, 1999.
Action: To deny the claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (o) RECOMMENDATION TO APPROVE REQUEST FROM GREAT AUTOS OF YESTERYEAR CLASSIC CAR CLUB, A NON-PROFIT ORGANIZATION, TO CONDUCT A CAR CLUB DISPLAY ON THE PLAZA ON MARCH 4, 2000 FROM 10AM TO 3PM WITH REQUIREMENTS AND WAIVERS AS LISTED IN THE STAFF REPORT DATED SEPTEMBER 8, 1999 . Memorandum from Community Resources Director Mary Rooney dated September 8, 1999.
This item was removed from the consent calendar by Mayor Oakes for separate discussion later in the meeting. Action: To approve the request from Great Autos of Yesteryear Classic Car Club, a non-profit organization, to conduct a car club display on the Plaza on March 4, 2000 from 10:00 A.M. to 3:00 P.M., subject to the requirements/waivers listed in the staff report and the contract, as recommended by staff. Motion Benz, second Mayor Oakes. The motion carried by a unanimous vote. (p) RECOMMENDATION TO AUTHORIZE SETTING UP A FUND TO RECEIVE CONTRIBUTIONS FROM DONORS TO PROVIDE FINANCIAL ASSISTANCE TO PROPERTY OWNERS IN THE LOMA DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT . Memorandum from City Manager Stephen Burrell dated September 8, 1999.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To authorize setting up a hardship fund to receive contributions from donors to provide financial assistance to property owners in the Loma Drive Utility Undergrounding Assessment District, as suggested by residents and recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
(q) RECOMMENDATION TO RETAIN JOHN L. HUNTER AND ASSOCIATES, INC. TO ADMINISTER THE CITY'S MUNICIPAL STORM WATER PROGRAM AND IMPLEMENT NPDES PERMIT REQUIREMENTS FOR AN AMOUNT OF $35,120 AND AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY . Memorandum from Public Works Director Harold Williams dated September 1, 1999.
This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting.
City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to:
Motion Benz, second Reviczky. The motion carried by a unanimous vote. (r) RECOMMENDATION TO ACCEPT THE WORK BY PAVEMENT COATING COMPANY OF CYPRESS, ON CIP #98-141, STREET REHABILITATION, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR . Memorandum from Public Works Director Harold Williams dated August 25, 1999.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting.
Action : To accept the work by Pavement Coating Company on CIP Project No. 98-141, Street Rehabilitation, and authorize final payment to the contractor (10 percent retained for 35 days following filing of Certificate of Completion), as recommended by staff. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
(s) RECOMMENDATION TO AWARD THE CONSTRUCTION CONTRACT FOR THE MONTEREY BOULEVARD STREET IMPROVEMENT PROJECT, 19TH STREET TO HERMOSA AVENUE, CIP #99-143, TO SULLY MILLER CONTRACTORS OF ANAHEIM, CALIFORNIA IN THE AMOUNT OF $184,545.00 . Memorandum from Public Works Director Harold Williams dated August 26, 1999. Action: To approve the staff recommendation to:
(t) RECOMMENDATION TO APPROVE THE CLASSIFICATION SPECIFICATIONS FOR PLANNING ASSISTANT AND PLANNING ASSOCIATE AS REVIEWED AND APPROVED BY THE CIVIL SERVICE BOARD . Memorandum from Personnel Director/Risk Manager Michael Earl dated September 9, 1999. Action: To approve the staff recommendation to approve the classification specifications for Planning Assistant and Planning Associate as reviewed and approved by the Civil Service Board.
(u) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE USE OF UTILITY USERS TAX REVENUES . Memorandum from City Manager Stephen Burrell dated September 9, 1999. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Coming forward to address the Council on this item was:
Action: To approve the staff recommendation to adopt Resolution No. 99-6027 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE USE OF UTILITY USERS TAX FUNDS TO SEWER MAINTENANCE AND RENOVATION, PUBLIC SAFETY AND CAPITAL PROJECTS ." Motion Reviczky, second Bowler. The motion carried by a unanimous vote.
(v) RECOMMENDATION TO AWARD BID FOR PURCHASE OF A COMPAQ PROLIANT 1600--500 MHZ FILE SERVER TO GE CAPITAL FOR $8,758.15 (INCLUDES TAX) . Memorandum from Data Processing Technician Joe Duckett. This item was removed from the consent calendar by Councilmember Benz for separate discussion later in the meeting.
Action : To award the bid for a Compaq Proliant 1600--500 MHz file server to GE Capital for $8,758.15, as recommended by staff. Motion Benz, second Reviczky. The motion carried by a unanimous vote. 2. CONSENT ORDINANCES
Action: To waive full reading and adopt Ordinance No. 99-1193 . Motion Bowler, second Mayor Oakes.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION .
Items 1(e), (j), (k), (m), (o), (p), (q), (r), (u) and (v) 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
4. APPEAL TO THE HERMOSA BEACH CITY COUNCIL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW ON-SALE ALCOHOL IN CONJUNCTION WITH AN EXISTING RESTAURANT AND TO ADD A DANCING AREA AND LIVE ENTERTAINMENT, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1100 THE STRAND, "SCOTTY'S ." (Continued from June 22, 1999 meeting) . Memorandum from Community Development Director Sol Blumenfeld dated September 1, 1999. Supplemental letter from Alfred Salido, 40 Fourth Street, dated September 14, 1999. At 8:32 P.M., Councilmember Bowler left the dais and the room due to a potential conflict of interest.
Community Development Director Blumenfeld presented the staff report and responded to Council questions. City Attorney Jenkins responded to Council questions, noting that, after reviewing the issue, it had been determined that Councilmember Benz did not have a conflict of interest with regard to this item. City Manager Burrell also responded to Council questions. The public hearing opened at 8:52 P.M. Coming forward to address the Council on this item were:
The public hearing closed at 9:10 P.M.
Action : To continue the public hearing to the meeting of October 26, 1999, with direction to re-notice the item. Motion Mayor Oakes, second Benz. The motion carried, noting the absence of Bowler.
This public hearing was continued at the request of CIM Group to the September 28, 1999 City Council meeting The meeting recessed at 9:14 P.M. The meeting reconvened at 9:37 P.M.
MUNICIPAL MATTERS
Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Public participation opened at 9:45 P.M. Coming forward to address the Council on this item were:
Public participation closed at 9:55 P.M.
Action : To approve the staff recommendation to:
Motion Reviczky, second Mayor Oakes. The motion carried by a unanimous vote.
Community Resources Director Rooney presented the staff report and responded to Council questions. Public participation opened at 10:00 P.M. Coming forward to address the Council on this item was:
Public participation closed at 10:10 P.M.
Action : To:
Motion Benz, second Bowler. The motion carried by a unanimous vote.
Public Works Director Williams presented the staff report and responded to Council questions.
Public participation opened at 10:14 P.M. Coming forward to address the Council on this item was: Dave Rosenball - property owner, said the wall would be stuccoed when the rest of the building was done; said he would maintain the landscaping and irrigation in the parkway in front of his home, expressed concern about the catch basin (Councilmember Reviczky wanted homeowners to be aware that some future Council may act to widen that street, and requested that staff evaluate the catch basin for improvements).
Public participation closed at 10:16 P.M.
Action: To approve the staff recommendation to approve issuance of an encroachment permit for a six-foot fence as requested by the owners of the property at the corner of Gould and Ardmore avenues - 2554 Ardmore Avenue. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
City Attorney Jenkins responded to Council questions.
Councilmember Bowler left the dais and the room due to a potential conflict of interest, based on the opinion of the City Attorney.
City Manager Burrell presented the staff report and responded to Council questions, noting that the ordinance required a four/fifths vote for adoption. City Attorney Jenkins and Community Development Director Blumenfeld responded to Council questions. Public participation opened at 11:20 P.M. Coming forward to address the Council on this item were:
Public participation closed at 11:30 P.M.
Action : To continue the item to the October 12, 1999 meeting. Motion Edgerton, second Reviczky. The motion carried, noting the dissenting vote of Benz and the absence of Bowler. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
City Manager Burrell presented the staff report and responded to Council questions.
There was no action was taken on this item. 11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None
12. OTHER MATTERS - CITY COUNCIL
Councilmember Edgerton spoke to his request.
City Manager Burrell responded to Council questions.
Action : To direct staff to return with a report regarding the cleaning schedule, including a steam cleaning of the plaza after events. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote.
Councilmember Benz spoke to his request.
City Manager Burrell responded to Council questions. Action: To direct staff to return with an ordinance to make the change. Motion Benz, second Edgerton. The motion carried by a unanimous vote.
Councilmember Edgerton withdrew this item. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, September 14, 1999, at the hour of 11:55 P.M. to the Regular Meeting of Tuesday, September 28, 1999, at the hour of 7:10 P.M.
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