City of Hermosa Beach --- 09-23-97


MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, September 23, 1997, at the hour of 7:19 P.M.


PLEDGE OF ALLEGIANCE - Pete Tucker, Planning Commissioner


ROLL CALL:

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

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS:


Mayor Reviczky announced the Dragon Boat Festival scheduled for 11:00 A.M. Saturday, September 27, 1997 at the Redondo Beach Marina, where Council and staff members will compete against the City of Redondo Beach in a boat race, noting that each boat holds 22 people. He said the required practice would be scheduled for the morning prior to the race. He also commented on the success of Aloha Days, which took place Saturday, September 20, 1997 at the Pier head, thanked the event organizers, and noted that the event was very family oriented, with lots of children in attendance and a lot of Hawaiian culture and food.


Councilmember Oakes announced the annual Livable Communities Conference scheduled to take place Thursday, October 9, 1997, from 8:30 A.M. to 2:00 P.M. at Barnaby's in Manhattan Beach. She said the event brings together planners, councilmembers, and other officials with the general public to discuss transportation issues and how to make the South Bay more livable, and noted that the focus this year will be on large boulevards, such as Pacific Coast Highway and Hawthorne Boulevard, as well as the proposed airport expansion. She said she had some pamphlets available for anyone interested.


Mayor Reviczky requested that all speakers speak directly into the microphones this evening to ensure they can be heard above the noisy fans being used to cool the room.


PROCLAMATIONS:


CALIFORNIA RIDESHARE WEEKOCTOBER 6 - 10, 1997


Mayor Reviczky read the Proclamation, which urged Californians to practice and support ridesharing.


PRESENTATIONS:


PRESENTATION OF CHECK TO THE CITYFROM THE HERMOSA BEACH CHAMBER OF COMMERCE FORVENDOR FEES FROM THE LABOR DAY FIESTA DE LAS ARTES


Carol Anderson, Chamber of Commerce, presented Mayor Reviczky with a check to the City in the amount of $7,850 as payment of business license in-lieu fees for vendors participating in the Labor Day weekend Fiesta de las Artes. She also submitted a report showing a breakdown of the associated fees.


ACCEPTANCE OF TROPHY TO THE CITYFROM THE ASSOCIATION OF VOLLEYBALL PROFESSIONALS (AVP)NAMING THE MILLER LITE HERMOSA BEACH GRAND SLAM AS THE1997 TOURNAMENT OF THE YEAR ON THE MILLER LITE/AVP TOUR


Mayor Reviczky referred to the glass trophy on the dais and an accompanying letter from AVP naming the City's Grand Slam volleyball tournament, which took place June 13-15, 1997, as the 1997 Miller Lite/AVP Tour Event of the Year and thanking the City for its support.


PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:


Scott Frantz - 642 Seventh Street, requested that Council pull Consent Calendar Item 1(i); and


Tom Morley - Hermosa Beach, commented on item 11.a. (Other Matters - City Council, regarding sound reduction to South Park roller hockey rink), expressed appreciation at seeing the item on the agenda; said it sounds like a nail gun going off at the hockey rink; noted that in the past the Council has placed restrictions on hours of construction and equipment usage to allow for peace and quiet at residences.


(b) COUNCIL COMMENTS - None


(c) WRITTEN COMMUNICATION - None


1. CONSENT CALENDAR:


Action: To approve the consent calendar recommendations (a) through (i), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (h) Bowler, and (i) Benz (for Scott Frantz).

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.


(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1) Minutes of the Regular Meeting held on September 9, 1997.


Action: To approve the minutes of the Regular Meeting of September 23, 1997, as presented


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 11431 THROUGH 11578 AND TO APPROVE CANCELLATION OF CHECK NOS. 11232, 11469 AND 11486 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 RECEIVE AND FILE MEMORANDUM REGARDING AUGUST 1997, FINANCIAL REPORTS.


Action: To receive and file the memorandum regarding the August 1997, financial reports as presented.


(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from City Manager Stephen Burrell dated September 10, 1997.


Action: To approve the staff recommendation to deny the following claim and refer to the City's Liability Claims Administrator:


1) Claimant: Horner, Phyllis

Date of Loss: 05/25/97

Date Filed : 08/28/97

Allegation : Claimant seeks reimbursement for expenses allegedly arising from an auto accident involving a City employee.


(f) RECOMMENDATION TO APPROVE TRANSFER OF FRANCHISE FROM BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC. TO BFI WASTE SYSTEMS OF NORTH AMERICA, INC. (BFI WASTE). Memorandum from City Manager Stephen Burrell dated September 10, 1997.


Action: To approve the transfer of the agreement as requested to BFI Waste Systems of North America, Inc. and direct the City Manager to execute the transfer consent letter, as recommended by staff.


(g) RECOMMENDATION TO APPROVE PURCHASE OF PICKUP TRUCK FOR POLICE DEPARTMENT (COMMUNITY SERVICES). Memorandum from Police Chief Val Straser dated September 10, 1997.


Action: To approve the staff recommendation to :

  1. reject the bid from South Bay Ford as it did not include the equipment specified; and,
  2. award the bid to Manhattan Ford of Manhattan Beach for the purchase of a 1998 Ford Ranger pick-up for a total cost of $21,675.98.


(h) RECOMMENDATION TO RECEIVE AND FILE PROGRESS REPORT ON PROJECT AT 259 - 31ST STREET. Memorandum from Community Development Director Blumenfeld dated September 16, 1997.
This item was removed from the consent calendar by Councilmember Bowler for separate discussion later in the meeting.
Community Development Director Sol Blumenfeld presented the staff report and responded to Council questions.
Action: To receive and file the report, as recommended by staff.Motion Bowler, second Oakes. The motion carried by a unanimous vote.



(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF SEPTEMBER 16, 1997. Supplemental letter from Scott Frantz, 642 Seventh Street, received September 23, 1997.


This item was removed from the consent calendar by Councilmember Benz (at the request of Scott Frantz) for separate discussion later in the meeting relating to Planning Commission agenda item 8.


At 7:50 P.M., prior to any discussion of this item, Mayor Reviczky and Councilmember Edgerton stepped down from the dais and left the room, citing potential conflicts of interest. Councilmember Benz chaired the meeting in the absence of both the Mayor and Mayor Pro Tem.


Public participation opened at 7:52 P.M. Coming forward to address the Council on this item were:


Scott Frantz - 642 Seventh Street, read his letter re the item 8 condominium project, said the Planning Commission considered a different plan after the public hearing was closed and did not let the public speak on the new plan;


Steve Ashley - 647 Seventh Street, submitted a letter and asked that the issue be heard at a public forum so that the public could voice its concerns, noting that those concerns have never been addressed; and


Cheryl Vargo - representing the applicant, requested that the Council review the matter itself and not refer it back to the Planning Commission.


Community Development Director Blumenfeld, City Manager Burrell and City Attorney Jenkins responded to Council questions.


Action: To initiate City Council review of the Planning Commission's action pertaining to item 8, the condominium project proposed for 635 and 705 Pacific Coast Highway and 709, 721 and 723 Sixth Street, and to receive and file the remaining items contained in the action minutes of the Planning Commission meeting of September 16, 1997.

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


Mayor Reviczky and Councilmember Edgerton returned to the dais at 8:15 P.M.


2. CONSENT ORDINANCES - None


At 7:24 P.M. the order of the agenda was suspended to go to public hearing item 4.


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Items 1(h) and (i) 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.


At the hour of 8:15 P.M., the order of the agenda continued with municipal matters, starting with item 5.


PUBLIC HEARINGS


4. FUNDING CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. Memorandum from Police Chief Val Straser dated September 10, 1997.


Police Captain Mike Lavin presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.


The public hearing opened at 7:47 P.M. Coming forward to address the Council was:


David Fink - 517 Loma Drive, referred to an article he read in the Los Angeles Times pertaining to the sale of reconditioned military weapons at quite a substantial savings.


Public participation closed at 7:48 P.M.


Action: To approve the staff recommendation to:

  1. use State funding of $43,470 per year under the Citizen's Option for Public Safety (COPS) Program for local police and crime prevention programs that supplement existing front-line municipal police services which include anti-gang and community prevention programs;
  2. approve expenditure request list from the Chief of Police in the amount of $46,211.87 and appropriate $14,801.00 ($31,936 was already appropriated in the 1997-98 budget); and,
  3. retain the supplemental law enforcement service fund (SLESF) established through Finance last year.

Motion Bowler, second Mayor Reviczky. The motion carried, noting the dissenting vote of Benz.
At the hour of 7:50 P.M., the order of the agenda was returned to item 3.


MUNICIPAL MATTERS


5. SKATEBOARD SUBCOMMITTEE REPORT (BENZ/OAKES). Memorandum from Community Resources Director Mary Rooney dated September 16, 1997. Supplemental petition in opposition to South Park location from Brian Mitchell.


Councilmember Oakes said she now recommended placing the skateboard park at the Community Center site, which was the recently-voiced preference of the skateboarders she had been working with on this issue. Councilmember Benz noted his preference for South Park, as recommended in the report, next to the roller hockey rink.


Community Resources Director Rooney responded to Council questions.


Public participation opened at 8:28 P.M. Coming forward to address the Council on this item were:


Don Little - Hermosa Beach, expressed concern about the liability of a skateboard park and the impact that would have on taxpayers;


Brian Mitchell - 322 Culper Court, speaking on behalf of his condominium association, thanked the subcommittee for looking at alternate sites; said the issue was considered two years ago by the Parks and Recreation Commission, of which he was a member for four years; hoped to see the item move forward;


Tim McGill - 446 Monterey Boulevard #2E, president of the 36-unit Golden Crest Condominium Association, thanked the Council for looking at alternate sites; said the roller hockey rink at South Park is a noisy but welcome addition to the community; cited significant skateboard damage on the South Park steps;


Ken Conklin - 501 Fourth Street, commended Council for recognizing the need for a skateboard park in the city; thought the Community Center was a much better site for it based on noise issues;


Roy Spears - Hermosa Beach, said he lived next to South Park and thanked Councilmember Oakes for suggesting an alternate site;


No name given (young boy) - Hermosa Beach, spoke in favor of a skateboard park, noting the danger of skateboarding in the street, suggested having older children on one side of the park and younger ones on the other;


Phyllis Barrett Rassmussen - 446 Monterey Boulevard, said her home overlooks South Park, which is a good toddler park, noting that there were too few places where children that size could go to play safely without being caged in; encouraged the Council to protect South Park for toddlers;


Carolyn Barbre - 1233 Hermosa Avenue, asked why skateboarding was a City park issue and thought a skateboard park, like a water park or roller rink, was more appropriate as a commercial venture; suggested a business look into buying or leasing the currently-for-sale property at 125 Pacific Coast Highway for skateboarding and charging the users; opposed the loss of any parking spaces at the Community Center; and


Henry Tosso - speaking on behalf of the majority of the 64 members of the Pacifica Villa Townhouse Association located at Valley Drive and Second Street, said the Association supported the City in its decision to build South Park, as it was a needed resource; said the owners tolerate the noise of the roller hockey rink, along with the noise of picnickers, barking dogs, and the shouting of children, but vigorously opposed the additional noise skateboarding at South Park would generate, and requested that Council review and consider the alternate site proposed by Councilmember Oakes.


Public participation closed at 8:42 P.M.


Action: To redirect staff to look at the Community Center as a whole, as recommended by Oakes, and determine the best location and size for a skateboard park and report back to the Council at the next meeting.

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


City Manager Burrell noted as a point of information that the next regular meeting will take place Thursday, October 16, 1997, due to the League of California Cities Conference.


The meeting recessed at 8:49 P.M.

The meeting reconvened at 9:17 P.M.



6. PARKING STRUCTURE DESIGN STATUS. Memorandum from Public Works Department dated September 17, 1997.


City Manager Burrell responded to Council questions and said the presentation would be made by the parking structure design team.


Pauline Souza, Gordon H. Chong & Partners, architectural firm, addressed the requested review of adding a sidewalk on the north side of 13th Street. She referred to the original plan on display marked option A, showing the existing eight-foot (non-continuous) sidewalk with a 20-foot drive aisle lane and about two feet remaining for curb, with no sidewalk on the north side; and then presented option B, which proposed sidewalks on both sides of 13th Street--four feet wide on the north side and five feet on the south side. She said besides the additional cost for constructing a sidewalk on the north side, per their civil engineer, any change option B would cause to the crown or slope of the street, affecting the way the water moves, would add street construction costs to the project. She recommended option A which, again in the opinion of their civil engineer, would allow them to work with the existing crown of the street.


Architect Sam Nunes responded to Council questions, offering to provide the data from their civil engineer pertaining to the crown of 13th Street and the two street/sidewalk options. He said at Council's request the consultants also investigated the feasibility of adding a stairway access at the middle of the structure and determined that it was not possible due to the grade differential from the street to the ground floor, noting that a stairway would also reduce the parking.


Ms. Souza then presented various materials as well as alternative colored tiles for use in the pedestrian areas, as requested by Council.


The Councilmembers stepped down from the dais to review the color tile samples and other items on display.


Public participation opened at 9:51 P.M. Coming forward to address the Council on this item was:

Carolyn Barbre - Hermosa Beach, said she had a studio downtown overlooking the City's parking lot; spoke of crime and expressed concerns about the late night safety of the parking structure as proposed with two access points.


Public participation closed at 9:54 P.M.


Action: To direct the architects to return with:

  1. a sample of the glazing proposed for the elevator shaft; and
  2. calculations from the firm's civil engineer pertaining to the street/sidewalk work being considered for 13th Street, noting that Council would decide between options A and B at a later date.

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



Proposed Action: To study the feasibility of adding a stairway to the middle of the south side of the parking structure, cantilevered out from the building and leading from the upper levels of the structure down to what would be the four-foot sidewalk if the Council chooses option B, with the understanding that there would be a loss of one parking space from each of the top two levels.

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



7. ENCROACHMENT STANDARDS FOR LOWER PIER AVENUE. Memorandum from City Manager Stephen Burrell dated September 18, 1997. Supplemental letter from Jim and Linda Watts, 2126 The Strand, in opposition to allowing retail sales on the downtown plaza, received September 23, 1997.


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


Action: To direct staff to resume the enforcement of restaurants without encroachment permits.

Motion Bowler, second Benz. The motion carried, noting the dissenting vote of Edgerton.


Further Action: To direct staff to look at the issue of allowing retail encroachments, consult with the merchants regarding their space needs, research the regulations of Redondo Beach and other cities with similar situations, and return to Council with recommendations, allowing the issuance of a temporary permit for retail use until the issue is resolved.

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



8. ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE OF $400,000 PRINCIPLE AMOUNT OF LOWER PIER AVENUE ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 1997 . Memorandum from Finance Director Viki Copeland dated September 11, 1997.


Finance Director Copeland presented the staff report and responded to Council questions.


Kevin Northcross, Project Finance Associates, said because it was not possible to levy the assessment during Fiscal Year 1997-98, but there would be two years of debt service in Fiscal Year 1998-99. He suggested letting the public know that the property owners would not be assessed during the first year but would then be doubled up the second year.


Action: To approve the staff recommendation to:

  1. Adopt Resolution No. 97-5882 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH PROVIDING FOR THE ISSUANCE OF $400,000 PRINCIPAL AMOUNT OF LOWER PIER AVENUE ASSESSMENT DISTRICT, LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES 1997.";
  2. Appropriate the $400,000 in bond proceeds for costs of improvements in the assessment district; and,
  3. Approve a fee of $6,000 for the services of Project Finance Associates as financial advisor.

Motion Bowler, second Edgerton.
AYES: Benz, Bowler, Edgerton, Oakes, Mayor ReviczkyNOES: None


9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS' POSITION PAPER. Memorandum from City Manager Stephen Burrell dated September 16, 1997.


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


Action: To direct the Mayor to communicate, on or before October 23, 1997, to the SBCCOG Board, the City Council's support for participating in the SBCCOG subregion.

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


b. COASTAL COMMISSION WORKSHOP CONCERNING BEACH ACTIVITIES: OCTOBER 6-10, 1997. Memorandum from City Manager Stephen Burrell dated September 10, 1997.


City Manager Burrell presented the staff report and responded to Council questions. Community Resources Director Rooney also responded to Council questions.


Action: To approve the Council policy statement for temporary beach events, to be presented at the Coastal Commission workshop, with the following amendment: add the City's concern that the Coastal Commission's contention that these events may result in overuse of the beach is in direct conflict with the Commission's recent action to prohibit paid admission for the Association of Volleyball Professionals event since, had 100-percent paid seating been permitted, the AVP event impacts would have lessened significantly with reduced spectator crowds, more orderly parking and reduced traffic impacts.

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



10. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None



11. OTHER MATTERS - CITY COUNCIL


a. Request from Mayor Reviczky to direct staff to report back with a plan to add sound reduction features to the Roller Hockey Rink at South Park.


Mayor Reviczky spoke to his request.


Action: To direct staff to return to Council with a report pertaining to: 1) the addition of sound reduction features at the South Park roller hockey rink; and 2) the need to raise the fence height due to escaping hockey pucks.

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


b. Request from Mayor Pro Tem Edgerton to direct staff to return with a program for a sunset concert series on the sand to be implemented in the spring of 1998.


Councilmember Edgerton spoke to his request.


City Manager Burrell and Community Resources Director Rooney responded to Council questions.


Action: To direct staff to return with a municipal matter item pertaining to a program for a sunset concert series on the sand to be implemented in the Spring of 1998.

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


c. Request from Councilmember Benz to direct staff to develop a donation policy for the City that prohibits naming facilities for living persons.


Councilmember Benz spoke to his request.


Action: To direct staff to return with an agenda item to re-evaluate the City's current donation policy.

Motion Benz, second Edgerton. The motion was subsequently withdrawn and no action was taken.


d. Request from Councilmember Benz to direct staff to develop a plan for placing benches along the Strand.


Councilmember Benz spoke to his request.


Action: To direct staff to develop a plan for placing benches on the walk streets at the Strand, with Council to consider benches in the wall when looking at paving issue.

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



CITIZEN COMMENTS - None



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


1. 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 23, 1997, at the hour of 11:14 P.M. to a Closed Session.


CLOSED SESSION - The Closed Session convened at the hour of 11:15 P.M. At the hour of 11:50 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 23, 1997 at the hour of 11:51 P.M. to the Regular Meeting of Tuesday, October 14, 1997 at the hour of 7:10 P.M.


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