City of Hermosa Beach --- 10-13-98


MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 13, 1998, at the hour of 7:15 P.M.


PLEDGE OF ALLEGIANCE - Scout Troop #860, Cobra Den


ROLL CALL:

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

Absent: None


MAYOR'S COMMENTS/ANNOUNCEMENTS:

Mayor Benz announced the Women's Club Seventh Annual Pancake Breakfast to be held on Sunday, October 18, 1998, from 8:00 A.M. until noon at the Clark Building, 861 Valley Drive, and said that it was "all you can eat" at a cost of $5.00 for adults and $3:00 for children under age 12.

Mayor Benz also announced the Project Touch "Classic Car Show" the same day, Sunday, October 18, 1998, from 10:00 A.M. until 4:00 P.M., at Clark Field and invited Gloria Anderson, co-chair of the event, to come forward and give more details. Ms. Anderson said there would be over 100 cars on display, including some rare antiques autos, food and entertainment, with admission cost at $6.00 for adults and free for children under twelve.

Mayor Benz invited James Blackman, whose new playhouse series opened at the Hermosa Beach Civic Theatre, to come forward and accept congratulations on a successful opening. Mr. Blackman said that he was very happy with the response from the Hermosa Beach citizens and from the City staff.

And, Mayor Benz announced the Tenth Annual "Halloween Howl" to be held at the Clark Building on Friday, October 30th, from 6:00 P.M. until 9:00 P.M., and urged parents to bring their children for a safe Halloween party.


PROCLAMATIONS:


AMERICAN HEART WALK - OCTOBER 24, 1998


Mayor Benz read the proclamation and presented it to Charlotte Lessor who said the walk would take place on Saturday, October 17, 1998, at 8:30 A.M.


PUBLIC PARTICIPATION:


(a) ORAL COMMUNICATIONS


Coming forward to address the Council at this time were:

Vince Tattu - 16th Street, objected to the new color scheme of yellow and black for the barricades on Beach Drive; asked that they be returned to the previous colors of orange and white; and, objected to dogs on the beach;

Jim Lissner - 2715 El Oeste Drive, objected to the proposed increase in the speed limit on portions of Gould Avenue and on Valley Drive; said that there had been no notice to the public and the item was buried among the consent calendar items; and, requested that item 1(o) be removed from the consent calendar;

Shirley Cassell - Hermosa Beach, said that she and her neighbors loved the 7:00 A.M. to 9:00 A.M. respite from commuter traffic on Monterey Boulevard; questioned why Councilmembers Edgerton and Oakes did not have their City-paid laptops with them; suggested that if the Councilmembers did not use the computers that they should be returned; and, requested that item 1(p) be removed from the consent calendar; and,

James White - Valley Drive, objected to the proposed increase in the speed limit on Valley Drive (item 1[o]); said that both the speed and the amount of traffic were increasing on Valley Drive.


(b) COUNCIL COMMENTS : None


(c) WRITTEN COMMUNICATION:


1. Letter from Rosamond Fogg dated September 18, 1998, requesting that City Council consider limiting hours of operation at the City Yard to those of a construction site wherever feasible. Supplemental letter from Rosamond Fogg received October 13, 1998, requesting withdrawal of her letter.


Action: Mayor Benz directed, with the consensus of the Council, that the letter be withdrawn, as requested by its author.


2. Letter from Jim Lissner dated October 6, 1998, regarding the decline in DUI arrests and reports of violent crimes withheld from press.


Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, spoke to his letter; said that this year's DUIs were half the amount of last year and that the police reports were not getting to the press board on time; asked that the Council set a policy regarding the amount of time allowed for crime reports to be made public.


Action: To receive and file the letter.

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


1. CONSENT CALENDAR:


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

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


No one came forward to address the Council on items not removed from the consent calendar.


At 7:44 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. SEQ OL0_0 1 . Minutes of the Adjourned Regular meeting held on September 17, 1998;
  2. SEQ OL0_0 2 . Minutes of the Adjourned Regular meeting held on September 22, 1998;
  3. SEQ OL0_0 3 . Minutes of the Regular meeting held on September 22, 1998; and,
  4. SEQ OL0_0 4 . Minutes of the Special Meeting held on September 29, 1998.


Action: To approve the minutes of the Adjourned Regular meeting held on September 17, 1998; the minutes of the Adjourned Regular meeting held on September 22, 1998; the minutes of the Regular meeting held on September 22, 1998; and, the minutes of the Special Meeting held on September 29, 1998, as presented.


(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 14915 THROUGH 15113 INCLUSIVE, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 14529, 14959 AND 15056 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 THE JULY AND AUGUST, 1998, FINANCIAL REPORTS:

(1) Revenue and expenditure report; (2) City Treasurer's report; and,(3) Investment report.


Action: To receive and file the July and August, 1998, Financial Reports as presented.


(e) RECOMMENDATION TO RECEIVE AND FILE REPORT ON THE LOCAL AGENCY INVESTMENT FUND ANNUAL CONFERENCE. Memorandum from City Treasurer John Workman dated September 24, 1998.


Action: To receive and file the report on the Local Agency Investment Fund Annual Conference as presented.


(f) RECOMMENDATION TO APPROVE CITY COUNCIL MEETING SCHEDULE FOR 1999. Memorandum from City Manager Stephen Burrell dated September 30, 1998.


This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting, in order to canvass the Council regarding fewer meetings.


Action: To approve the City Council meeting schedule for 1999, as presented.

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


(g) RECOMMENDATION TO RECEIVE AND FILE REPORT OF CLOSED OR RESOLVED LIABILITY CLAIMS FILED AGAINST THE CITY. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 30, 1998.


Action: To approve the staff recommendation to receive and file the report of closed or resolved liability claims filed against the City:


  1. Claimant: Linda Piepmeier

Date of Loss: 07/06/98

Date Filed: 07/27/98

Damage: Door of restroom stall on beach fell off and injured granddaughter's foot.

Disposition: Reimbursed claimant $109.00 for medical expense;


2. Claimant: Angelo Villegas

Date of Loss: 07/15/98

Date Filed: 07/30/98

Damage: Damage to claimant's vehicle caused by City vehicle.

Disposition: Reimbursed claimant $464.70 for cost of repair; and,


3. Claimant: Paul Brennan

Date of Loss: 04/04/98

Date Filed: 07/13/98

Damage: Damage to claimant's vehicle caused by City vehicle.

Disposition: Reimbursed claimant $2,606.58 for cost of repair.


(h) RECOMMENDATION TO APPROVE UPDATED/REVISED/NEW CLASS SPECIFICATIONS AS APPROVED AND RECOMMENDED BY THE CIVIL SERVICE BOARD. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 30, 1998.


Action: To approve the Civil Service Board's recommendation to approve the class specifications for Administrative Assistant, Personnel Assistant, Crime Scene Investigator, Accounting Supervisor, Information Systems Technician, Associate Engineer, and Assistant Engineer as reviewed and approved by the Civil Service Board.


(i) RECOMMENDATION TO APPROVE THE APPOINTMENT OF CITY TREASURER, JOHN WORKMAN, TO THE SOUTH BAY PRIVATE INDUSTRY COUNCIL AS NOMINATED BY THE CHAMBER OF COMMERCE. Memorandum from Personnel Director/Risk Manager Michael Earl dated October 1, 1998.


Action: To approve the staff recommendation to approve the appointment of City Treasurer John Workman to the South Bay Private Industry Council as nominated by the Chamber of Commerce.


(j) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND RESOURCES FOR INDEPENDENCE FOR THE USE OF ROOM 6C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated September 30, 1998.


Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to:

1) approve the one-year lease agreement between the Resources For Independence and the City for the use of Room 6C in the Community Center at a rate of $156.80 per month (160 sq.ft. X $.98 per sq.ft.) from December 1, 1998 through June 30, 1999, and $164.80 per month (160 sq.ft. X $1.03 per sq.ft.) from July 1, 1999 through November 30, 1999 for a total rental income of $1,921.60; and,

2) authorize the Mayor to sign the lease.


(k) RECOMMENDATION TO APPROVE REQUEST FROM UNITED STATES SURFING FEDERATION TO CONDUCT AN AMATEUR SURFING CONTEST ON THE BEACH NORTH OR SOUTH OF THE PIER ON SUNDAY, NOVEMBER 1, 1998 FROM 7:00 A.M. TO 7:00 P.M.; WAIVE THE PER PARTICIPANT/SPECTATOR FEE; AND, APPROVE THE EVENT CONTRACT. Memorandum from Community Resources Director Mary Rooney dated September 21, 1998.


Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to:

  1. approve the request from the United States Surfing Federation, a non-profit organization, to conduct an amateur surfing contest on the beach north or south of the Hermosa Beach Pier on Sunday, November 1, 1998, from 7: A.M. to 7:00 P.M.;
  2. waive the per participant/spectator fees; and
  3. authorize the Mayor to sign the event contract.


(l) RECOMMENDATION TO REJECT ALL BIDS FOR THE COMMUNITY CENTER SKATE TRACK AND TENNIS COURT PROJECT (CIP 97-525 & CIP 98-526) AND AUTHORIZE STAFF TO RE-ADVERTISE THE PROJECTS WITH THE APPROPRIATE MODIFICATIONS TO THE CONSTRUCTION DOCUMENTS. Memorandum from Public Works Director Harold Williams dated October 5, 1998.


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


Public Works Director Williams responded to Council questions and said that the project would be bid as two separate items in the future. City Manager Stephen Burrell also responded to Council questions.


Action: To approve the staff recommendation to reject all bids, due to the amount of the bids over budget, and authorize staff to re-advertise the projects with the appropriate modifications to the construction documents.

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


(m) RECOMMENDATION TO APPROVE THE PLANS, SPECIFICATIONS, AND ESTIMATES, ORDER THE WORK AND CALL FOR BIDS FOR THE MONTEREY BOULEVARD IMPROVEMENTS (CIP 98-142) AND INSTRUCT THE CITY CLERK TO POST A NOTICE INVITING BIDS FOR SAID PROJECT. Memorandum from Public Works Director Harold Williams dated October 5, 1998.


This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting in order to question if this project also included the laying of conduit for future undergrounding.


Public Works Director Williams responded to Council questions and said that it did not.


Action: To approve the staff recommendation to:

1. Approve the plans, specifications, and estimates, order the work and call for bids; and

2. Instruct the City Clerk to advertise a Public Notice inviting sealed bids for said project.

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


(n) RECOMMENDATION TO APPROVE AND ADOPT EASEMENT DEED FOR AN EASEMENT FOR UTILITY PURPOSES, AUTHORIZE THE MAYOR TO EXECUTE THE DEED AND INSTRUCT THE CITY CLERK TO FILE THE DEED WITH THE COUNTY RECORDER. Memorandum from Public Works Director Harold Williams dated October 5, 1998.


Action: To approve the staff recommendation to:

1. approve and adopt the easement deed for an easement for the following utilities:

  • California Water Service Company;
  • Southern California Edison Company;
  • General Telephone Company; and
  • Southern California Gas Company;

2. authorize the Mayor to execute the deed; and

3. instruct the City Clerk to file the deed with the County Recorder.


(o) RECOMMENDATION TO ADOPT THE CITYWIDE ENGINEERING AND TRAFFIC STUDY PREPARED BY ALBERT GROVER & ASSOCIATES AND ADOPT RESOLUTION CERTIFYING THE CITYWIDE ENGINEERING AND TRAFFIC SPEED SURVEY FOR THE CITY'S ARTERIAL AND COLLECTOR STREET NETWORK. Memorandum from Public Works Director Harold Williams dated October 6, 1998.


This item was removed from the consent calendar by Councilmember Oakes, at the request of Jim Lissner, for separate discussion later in the meeting.


Public Works Director Williams presented the staff report and responded to Council questions. City Attorney Michael Jenkins responded to Council questions by stating that the Police can not enforce the law by using a mechanism that is not legally enforceable in court.


Proposed Action: To approve staff alternative #2, to approve the survey with no increase in speeds for Gould Avenue and Valley Drive.

Motion Oakes. The motion died due to the lack of a second


Action: To approve:

1. adoption of the Citywide Engineering and Traffic Survey, with the exception of Gould Avenue and Valley Drive, that was prepared by Albert Grover & Associates and that recommends that the existing speeds on most arterial and collector roadways in the city remain unchanged;

2. adoption of Resolution No. 98-5936 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CERTIFYING THE CITYWIDE ENGINEERING AND TRAFFIC SPEED SURVEY ON THE CITY'S ARTERIAL AND COLLECTOR STREET NETWORK .", as amended, to delete Gould Avenue and Valley Drive from the survey; and,

3. direction to staff to return to Council with the item regarding an increase in the speed limit for parts of Gould Avenue and Valley Drive after noticing the item to the public as a Municipal Matter.

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


(p) RECOMMENDATION TO RECEIVE AND FILE REPORT ON 8TH STREET PETITION AND SET A PUBLIC MEETING DATE IN DECEMBER. Memorandum from Public Works Director Harold Williams dated October 7, 1998.


This item was removed from the consent calendar by Councilmember Oakes, at the request of 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 new signal installed by CalTrans on Pacific Coast Highway at Eighth Street would add to the problems for the residents by adding even more traffic to Eighth Street.


Action: To approve the staff recommendation to:

  1. receive and file the report on Eighth Street; and,
  2. set a public hearing date in December of 1998, or January of 1999.

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


(q) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24976 FOR A FOUR - UNIT CONDOMINIUM AT 653 9TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 1998.


Action: To approve the staff recommendation to adopt Resolution No. 98-5935, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24978 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED AT 653 NINTH STREET, HERMOSA BEACH, CALIFORNIA."


2. CONSENT ORDINANCES - None


3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION


Items 1(f), (l), (m), (o) and (p) 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. RECONSIDERATION OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT AND PRECISE DEVELOPMENT PLAN, AND REVIEW AND CONSIDERATION OF A ZONE CHANGE FROM R-3, HIGH DENSITY RESIDENTIAL, TO SPA6, SPECIFIC PLAN AREA NO. 6, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, FOR AN EIGHTY (80) UNIT ASSISTED LIVING SENIOR HOUSING FACILITY, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 1837 PACIFIC COAST HIGHWAY. Memorandum from Community Development Director Sol Blumenfeld dated October 6, 1998. Supplemental letters received October 13, 1998, from Stephen M. Bower, 1918 Pacific Coast Highway, and from Sunrise Development, Fairfax, Virginia, site developers.


Councilmember Oakes declared a potential conflict of interest due to living within the boundaries of the project area and left the dais and the room at 7:45 P.M.


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


The public hearing opened at 8:02 P.M. Coming forward to address the Council on this item were:

Marian DeMeire - representing Sunrise Development, spoke of company history; spoke of changes made in the building design, landscape and drainage system; spoke to the concerns listed in her supplemental letter; and, responded to Council questions;

Lloyd Rae - 1830 Springfield Avenue, concerned with water storage on the site; said his family had severe allergies and asked that a temporary eight-foot wall be erected during construction to keep down the dust into his property; submitted letter; and,Shirley Cassell - Hermosa Beach, said that she doubted that everyone would be 85 years old; expressed her concern with parking; and, said that the project should provide more parking or cut back on the number of units.


The public hearing closed at 8:15 P.M.


Action: To:

1. approve the Zone Change for Parcel 18, from R-3 to SPA6;

2. waive full reading and introduce Ordinance No. 98-1184, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING MAP FROM R-3 (MULTI-FAMILY RESIDENTIAL) TO SPECIFIC PLAN AREA #6, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 1837 PACIFIC COAST HIGHWAY AND LEGALLY DESCRIBED AS A PORTION OF LOT 18, AND THE SOUTHERLY 17.12 FEET OF LOT 19, SECOND ADDITION TO HERMOSA BEACH.";

Motion Reviczky, second Bowler.


AYES: Bowler, Edgerton, Reviczky, Mayor Benz

NOES: None

ABSENT: Oakes


The public hearing reopened at 8:32 P.M. Coming forward to address the Council on the item of the Conditional Use Permit were:

Neil O'Brian - Springfield Avenue, said that his mother was in an assisted living complex and everyone had a car, whether they could still drive or not; felt the parking would be inadequate; and, questioned the status of the existing boundary retaining walls; and,

Sam Perrotti - 1506 Golden Avenue, said several members of his family were in assisted living facilities and that most of the residents were elderly women in their 70s or 80s with walkers or wheelchairs and none of them drove; and, said this was not independent living so parking is not a problem.

(name not given) - architect for the project; spoke to the retaining walls; said the grade would be lowered so there would not be the need for massive retaining walls; showed diagrams.


The public hearing closed at 8:37 P.M.


Final Action: To sustain the findings of the Planning Commission that allow density to exceeding 33 units per acre with a parking ratio of 0.5 parking spaces per "bedroom suite" for Senior Citizen Housing and approve a Conditional Use Permit and Precise Development Plan for an 80-unit assisted living development with the following modifications:

1. remove the proposed red curbs on Pacific Coast Highway in order to maintain seven legal parking spaces by deleting in its entirety Number Three of Section Five of the Resolution approving the Conditional Use Permit and Precise Development Plan: "";

2. the required new fire hydrant for the development shall be located on a site that does not necessitate the elimination of any legal parking on Pacific Coast Highway; and,

3. the on-site detention of stormwater and run-off system shall meet the hydrology requirements of the Public Works Department.

Motion Reviczky, second Bowler. The motion carried, noting the absence of Oakes.


Councilmember Oakes returned to the dais at 8:45 P.M.


The meeting recessed at the hour of 8:45 P.M.


The meeting reconvened at the hour of 9:15 P.M. and continued to item 5.


MUNICIPAL MATTERS


5. STUDY ISSUING PERMITS TO ALLOW DOGS ON BEACH. Memorandum from Police Chief Val Straser dated September 22, 1998. Supplemental letters received October 13, 1998, two from Kathy Dunbabin, Hermosa Beach, and a petition received from Hal Ormondroyd, 45-17th Street, all in opposition.


Police Chief Straser presented the staff report and responded to Council questions.


Public participation opened at 9:17 P.M. Coming forward to address the Council on this item were:

Shirley Cassell - Hermosa Beach, said that the City did not need more dog droppings on the beach; considered it an ocean pollutant and a health risk, especially for young children;

Nicole Dania - Hermosa Beach, said that she had lived in a city that allowed dogs on the beach and there had been no problem; felt a trial would show no problems here;

Ann Sullivan - (no address given), said that Los Angeles was outlawing dogs on the beach in Venice due to dog bites; felt that not all dog owners are responsible;

Richard Davison - Second Street, said that he ran on the Greenbelt every day and many dogs were walked there without problems; felt there would be less of a problem on the beach;

Steve McGanty - 653 30th Street, said that he didn't see any need to allow dogs on the beach; said that if a few were allowed then all of Los Angeles County would be there;

Robert Grossman - 2728 The Strand, spoke in opposition; said that this left the City open to liability as dogs could be infected and there was no way to clean the sand after dog urination or feces; felt there was no way to control non-residents from bringing their dogs to the beach;

David Risso - Hermosa Beach, said that he was a responsible dog owner and he would like to be able to walk his dog on the wet sand;

Miriam Benson - Monterey Blvd., said that she was a responsible dog owner and felt that many people did not understand that dogs would not be allowed to roam off-leash at any time, but only on-leash during early morning or evening hours; asked to be allowed a trial period;

Alice Villalobos - Veterinarian, proponent; explained some of the safeguards that could be used to ensure compliance with health laws such as leashes, permits, clean-up kits, and dog owner class requirements before issuing permits; asked that the Council allow a trial period;

Gayle Eisenberg - Hermosa Beach, spoke in favor; asked to be allowed a trial period;

Susan Blaco - Seventh Street, spoke in opposition; said that for every responsible dog owner there were many more in Hermosa that were not responsible; felt the Council should not go any further with this idea;

Michael Fleischer - 4 The Strand, spoke in opposition; felt it would be a health and an enforcement problem;

Ellen Anderson - Hermosa Beach, spoke in opposition; said that it would be a disaster and that all of Los Angels County would let their dogs run wild;

Kim Rae - 2512 Hermosa Avenue, Veterinarian, spoke in favor; said that Hermosa was fortunate to have people such as Dr. Villalobos who would conduct classes and help with enforcement; asked for a trial period;

Susan Loomis - 512 Beach Drive, spoke in opposition; expressed her concerns regarding health issues and enforcement problems;

Tony Rayes - 718 The Strand, spoke in opposition; suggested that dog owners clean up the Strand and if they are successful on that project to then consider allowing dogs on the beach; and,

Pat Ramsey - Redondo Beach, said that she was one of the people trying for a dog park in Redondo that was granted by the Council for six months with the expectation that it would not last, but after the trial period Redondo saw that this was a good thing; asked that Hermosa allow a trial period as well.


Public participation closed at 9:48 P.M.


Action: To receive and file the report.

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


At the hour of 9:50 P.M. the order of the agenda was returned to item 2.


6. AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE SECTION 9.04.010.H. OF CHAPTER 9.04 OF TITLE 9, PERTAINING TO CONSUMPTION OF ALCOHOLIC BEVERAGE ON STREET, PLAYGROUND OR PLACE OPEN TO THE PUBLIC. Memorandum from City Manager Stephen Burrell dated October 8, 1998.


Action: To approve the staff recommendation to introduce Ordinance No. 98-1185 .

Motion Edgerton, second Oakes.


AYES: Bowler, Edgerton, Oakes, Mayor Benz

NOES: Reviczky


7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER


a. 1998 NEW YEAR'S EVE EVENT. Memorandum from City Manager Stephen Burrell dated October 7, 1998.


Community Resources Director Rooney presented the staff report and responded to Council questions.


Action: To direct staff to:

1. co-ordinate a 1998 New Year's Eve Event in the Downtown Plaza with a big band and dance area;

2. secure as many donations from the merchants, or others, as possible toward the anticipated $25,000.00 budget and return to Council with a report showing the amount needed from the City, if any, to fund the balance.

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


b. PIER PLAZA PROJECT - CONTRACT COMPLETION WORK. Memorandum from City Manager Stephen Burrell dated October 7, 1998.


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


Coming forward to address the Council on this item was:

Jim Lissner - Hermosa Beach, said that he had always been told that wood would split on the grain lines if left out in the weather; said the benches shown in back had swirling grains that could be a problem; suggested that the City ask a wood expert at Learned Lumber for an opinion.


Action: To approve the staff recommendation to:

1. receive and file report;

2. direct staff to secure proposals for new benches for final City Council review; and,

3. install two information kiosks.

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


8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL


a. SCHEDULING APPLICANT INTERVIEWS FOR UNSCHEDULED VACANCY OF UNEXPIRED TERM ON PLANNING COMMISSION. Memorandum from City Clerk Elaine Doerfling dated October 8, 1998.


Deputy City Clerk Naoma Valdes presented the staff report and responded to Council questions.


Action: To approve the staff recommendation to:

1. schedule a meeting prior to the Regular City Council meeting at 6:00 P.M. on Tuesday, October 27, 1998, for interviews; and,

2. extend the application filing deadline to 6:00 P.M., Wednesday, October 21, 1998.

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


9. OTHER MATTERS - CITY COUNCIL


Requests from Council members for possible future agenda items:


a. Request from Councilmember Edgerton to commit funds to make certain improvements at the Community Center Gymnasium. Supplemental letter received October 13, 1998, from The Dumbell Man, Torrance, containing an estimate of $4,767.10 for equipment.


Community Resources Director Rooney spoke to this request.


Action: To commit up to $5,000.00 in funds for the Youth Basketball equipment, as an urgency matter, if staff makes the determination that this is the best solution to the problem.

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


CITIZEN COMMENTS


Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, suggested that Councilmembers keep quiet and not make rude remarks when a Citizen says something that they don't agree with.


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.


Councilmember Reviczky and Mayor Benz declared potential conflicts of interest to the closed session item due to living within the project boundaries and said that they would not attend the meeting.


a. Existing Litigation: Pursuant to Government Code Section 54956.9(a)


Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach.

Case Number: BC172546


ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 13, 1998, at the hour of 10:41 P.M. to a closed session.


RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:42 P.M. At the hour of 11:30 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, October 13, 1998, at the hour of 11:31 P.M. to the Adjourned Regular Meeting of Tuesday, October 27, 1998, at the hour of 6:00 P.M. for the purpose of interviews with Planning Commission applicants.


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