MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, October 26, 1999, at the hour of 7:14 P.M.

 

PLEDGE OF ALLEGIANCE - Patricia Spiritus

 

ROLL CALL :

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

Absent: None

 

ANNOUNCEMENTS : Mayor Oakes announced that the meeting would be adjourned in memory of Richard Learned, Sr., who passed away over the weekend. Mayor Pro Tempore Reviczky said Dick Learned bought Learned Lumber in 1947 from his father and managed the business for years before passing it on to his sons. He said Mr. Learned was survived by his wife Betty, his daughter Lynn, and his two sons Rick and Michael, and he expressed condolences to the Learned family.

 

Mr.Reviczky requested that the meeting also be adjourned in memory of his neighbor Juan Savedra, a Hermosa Beach resident since 1933. He said Juan was survived by his wife Irene, seven children, 14 grandchildren and 23 great grandchildren, and he expressed condolences to the Savedra family.

 

Mr. Reviczky then announced the 7th annual Beach Cities Toy Drive kick off on Thanksgiving Day weekend. He also said the High Five Boutique has offered to donate to the toy drive the proceeds from its annual fashion show, to be held at 5 P.M. Sunday, November 14, 1999, at Point 705.

 

Councilmembers Bowler and Benz commented on the excellence of the production of "Forever Plaid," currently playing at the Hermosa Beach Playhouse.

 

Mayor Oakes announced the Halloween Howl would take place on Saturday, October 30, 1999, at 6 P.M. at the Clark Building; and the Halloween Carnival was scheduled for Friday, October 29, 1999, from 4:30 to 8:30 P.M. at Hermosa Valley School.

 

Mayor Oakes announced the success of the Woman's Club annual pancake breakfast and the Project Touch car show, which took place Sunday, October 17, 1999.

 

Mayor Oakes announced the opening of the new tennis courts at the Community Center, noting that Council members had attended the opening ceremonies.

 

PUBLIC PARTICIPATION :

 

(a) ORAL COMMUNICATIONS

 

Coming forward to address the Council at this time were:

Patricia Spiritus - Hermosa Beach, submitted information to the Council members on the formation of a business improvement district; thanked the Council for its accomplishments;

Michael Keegan - Hermosa Beach, submitted a letter and spoke to Item #4, which would not be heard this evening, noting he would be out of town November 9 when the hearing takes place;

Judy Garland - 1181 Cypress, objected to Council's decision to not reappoint Pete Tucker to the Planning Commission, noting other Council candidates who had been allowed to retain their Commission seats during their candidacy;

Carol Fleischer - 415 Herondo, commented on the Avon Breast Cancer walk that took place over the weekend, noting that she was a participant;

Al Bowman - Seventh Street, objected to recent flyers depicting the downtown as a war zone; said he and his wife frequent the Plaza and loved the restaurants;

Donley Falkenstien - Hermosa Beach, said many people were concerned about the downtown area;

Jim Lissner - 2715 El Oeste, requested that item 1(a)(2) be removed from the consent calendar for later discussion; said he would film the candidate forum scheduled for October 27, 1999, at 7:30 P.M. at the Clark Building; said the City had not enforced the underage drinking laws since July 4, 1994; referenced information he submitted earlier this evening pertaining to balancing the budget in the year 2000;

Bill Sigler - 46 - 10th Street, reminded everyone to vote at the November 2, 1999 election; and

Lorna Johnson - Hermosa Beach, said the downtown was the best it had been in at least 20 years, that part of being a beach community is having the restaurants; suggested that work be done now to improve Pacific Coast Highway.

 

2. COUNCIL COMMENTS : Councilmember Reviczky commented on the budget-cutting suggestions submitted this evening by Jim Lissner. He and Councilmembers Bowler and Edgerton and Mayor Oakes then urged the citizens to vote NO on Measure D, which would abolish the City's utility user tax. Councilmember Benz spoke in support of the measure.

 

With regard to Ms. Garland's comments, Mayor Oakes said Pete Tucker's term on the Planning Commission had expired - a circumstance that did not apply to her when she ran for Council or to another current Council candidate.

 

(c) WRITTEN COMMUNICATIONS

 

1. Letter from Jim Lissner requesting consideration of suggestions for improving public remote access to government meeting audio and video .

 

Coming forward to address the Council on this item was:

Jim Lissner - 2715 El Oeste, spoke to his letter.

 

Action: To direct staff to review and report back on the suggestions contained in the letter.

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

 

2. Letter from Carol and Michael Fleischer requesting appeal of the Planning Commission decision to deny their request to continue their project at 4 The Strand as a nonconforming remodel .

 

City Manager Burrell reported that the City Attorney said the Council could deal with this issue tonight.

 

Coming forward to address the Council on this item were:

Michael Fleischer - 415 Herondo, spoke to his letter and responded to Council questions; and

Donna Grossman - project architect, responded to Council questions.

 

Action: To approve the appeal of the Planning Commission denial and, thereby, allow the project at 4 The Strand to continue as a nonconforming remodel.

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

 

3. Letter from Donley Falkenstien requesting free parking for holiday shoppers beginning Friday, November 19th .

 

City Manager Burrell said the issue of free parking for holiday shoppers was scheduled for the next agenda.

 

Coming forward to address the Council on this item was:

Donley Falkenstien - 124 34th Street, spoke to his letter.

 

Action: Mayor Oakes directed that the letter be included as an attachment to the request from the Chamber of Commerce at the November 9, 1999 meeting.

 

Mayor Oakes announced that public hearing item 5, Scotty's, appeal, had been formally withdrawn by the applicant/appellant and was no longer under consideration.

 

1. CONSENT CALENDAR :

 

Action : To approve the consent calendar recommendations (a) through (o), noting a "no" vote by Councilmember Benz on item (m) and with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (a)(2) Mayor Oakes for Jim Lissner, (e) Reviczky, (l) Benz, and (n) Benz.

Motion Reviczky, second Bowler. 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 28, 1999 .

 

Action: To approve the minutes of the Regular Meeting of September 28, 1999, as presented.

 

2) Minutes of the Regular Meeting held on October 12, 1999 . Supplemental memorandum and minutes submitted October 26, 1999 by City Clerk Elaine Doerfling.

 

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

 

Coming forward to address the Council on this item was:

Jim Lissner - requested that the minutes of the meeting of October 12 be amended as follows: change the title of Written Communications item #2 to reflect that his presentation pertained to budget issues and expand his comments under Consent Calendar item (a) to list in detail his suggested changes to the September 14 minutes.

 

Action : To approve the supplemental minutes of the Regular Meeting of September 28, 1999, amended on page 10089 to reflect in the title of Written Communications item #2 that Mr. Lissner's presentation pertained to budget issues.

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

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 18975 THROUGH 19121, NOTING VOIDED CHECK NOS. 19005, 19047, 19055, AND 19122 .

 

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 AUGUST AND SEPTEMBER, 1999 FINANCIAL REPORTS :

(1) Revenue and expenditure report;

(2) City Treasurer's report; and

(3) Investment report.

 

Action : To receive and file the August and September, 1999 Financial Reports as presented.

 

(e) RECOMMENDATION TO ACCEPT AND APPROPRIATE A $100.00 DONATION FROM ROLLERBLADE GIVEN TO THE COMMUNITY RESOURCES DEPARTMENT FOR ROLLER HOCKEY PROGRAM SUPPLIES . Memorandum from Finance Director Viki Copeland dated October 18, 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 donor.

 

Action: To accept the $100 donation from Rollerblade to Community Resources for roller hockey program supplies.

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

 

(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 5, 1999 .

 

Action : To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 5, 1999.

 

(g) RECOMMENDATION TO APPROVE LEASE RENEWAL 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 October 18, 1999.

 

Action : To approve the lease agreement between the City and Resources for Independence for the use of Room 6C in the Community Center (160 square feet) for a one-year period commencing December 1, 1999 and ending November 30, 2000, at a monthly rate of $164.80 through June 30, 2000 ($1.03 per square foot), and $172.80 from July 1, 2000 through the end of the term ($1.08 per square foot).

 

(h) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1999 .

 

Action : To receive and file the action minutes from the Planning Commission meeting of October 19, 1999.

 

(i) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24988 FOR A 2-UNIT CONDOMINIUM PROJECT AT 654-656 SEVENTH STREET . Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-6032 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24988 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 654 - 656 SEVENTH STREET, HERMOSA BEACH, CALIFORNIA ."

 

(j) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25118 FOR A 2-UNIT CONDOMINIUM PROJECT AT 602-606 NINTH STREET . Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-6033 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25118 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 602 - 606 NINTH STREET, HERMOSA BEACH, CALIFORNIA ."

 

(k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25212 FOR A 4-UNIT CONDOMINIUM PROJECT AT 301 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated October 19, 1999.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-6034 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25212 FOR A FOUR-UNIT CONDOMINIUM PROJECT LOCATED ATO 301 SECOND STREET, HERMOSA BEACH, CALIFORNIA ."

 

(l) RECOMMENDATION TO AWARD DESIGN CONTRACT FOR CIP 98-621 PHASE III MUNICIPAL PIER ARCHITECTURAL UPGRADES TO PURKISS ROSE - RSI OF FULLERTON, CALIFORNIA FOR A FEE OF $174, 500 . Memorandum from Public Works Director Harold Williams dated October 18, 1999.

 

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

 

Public Works Director Williams presented the staff report and responded to Council questions.

 

Action : To direct staff to re-bid the project to obtain more proposals.

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

 

(m) RECOMMENDATION TO APROVE AMENDMENT TO 99-00 COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSABLE CONTRACT SHORTENING THE CLOSEOUT PERIOD FOR CONTRACTS TO 60 DAYS AS REQUESTED BY THE COMMUNITY DEVELOPMENT COMMISSION . Memorandum from Community Development Director Sol Blumenfeld dated October 20, 1999.

 

Action : To approve the staff recommendation to approve and authorize the Mayor to execute the amended contract as stipulated by the Los Angeles County Community Development Commission (CDC). (Councilmember Benz cast a "no" vote on this item.)

 

(n) RECOMMENDATION TO RECEIVE AND FILE QUARTERLY REPORT ON WORKERS COMPENSATION - JUNE 1, 1999 THROUGH SEPTEMBER 30, 1999 . Memorandum from Personnel Director/Risk Manager Director Michael Earl.

 

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

 

Personnel Director/Risk Manager Earl presented the staff report and responded to Council questions.

 

Action: To approve the staff recommendation to receive and file the quarterly report on workers' compensation, and to direct staff to provide a description of stress and to track the incident rate and the cost of claims for inclusion in the next report, with a five-year report on incidents.

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

 

(o) RECOMMENDATION TO ACCEPT THE WORK BY PIMA CORPORATION, D.B.A. ADVANCED CONSTRUCTION, OF SANTA MONICA, ON CIP PROJECT NO. 97-526, COMMUNITY CENTER TENNIS COURT CONSTRUCTION, AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR (10% RETAINED FOR 35 DAYS FOLLOWING THE FILING OF NOTICE OF COMPLETION), AND APPROPRIATE $38,123 TO CIP 98-526 FROM FUND 126 4% UUT TAX . Memorandum from Public Works Director Harold Williams dated October 21, 1999.

 

Action: To approve the staff recommendation to:

1. accept the work by Pima Corporation, d.b.a. Advanced Construction, of Santa Monica, on CIP Project No. 97-526, Community Center Tennis Court Construction;
2. authorize final payment to the contractor (10 percent retained for 35 days following the filing of Notice of Completion); and
3. Appropriate $38,123 to CIP 98-526 from Fund 126 4% Utility Use Tax.

 

2. CONSENT ORDINANCES

 

(a) ORDINANCE NO. 99-1195 - ² AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 94-1117, WHICH GRANTED A NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE CITY . ² Memorandum from City Clerk Elaine Doerfling dated March 2, 1998.

 

Action: To continue this item to the meeting of November 9, 1999 .

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

 

At 8:29 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

 

Items 1(a)(2), (e), (l), and (n) 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. A GROUND LEASE OF CITY OWNED PROPERTY BETWEEN THE CITY OF HERMOSA BEACH AND 1301 HERMOSA AVENUE LLC TO DESIGN, CONSTRUCT, MAINTAIN AND OPERATE A RETAIL BUILDING LOCATED AT 1303 HERMOSA AVENUE . (Continued from meeting of October 12, 1999) Memorandum from City Manager Stephen Burrell dated October 20, 1999.

 

City Manager Burrell recommended that this item be continued to the regular meeting of November 9, 1999.

 

Action: Mayor Oakes continued the item to the regular meeting of November 9, 1999, as requested by staff, with direction to staff to look into the issues addressed in the letter submitted this evening by Michael Keegan.

 

5. 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 meetings of June 22, 1999 and September 14, 1999). Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999. Supplemental letter dated October 26, 1999, from Frank Wattles, attorney representing the applicant/appellant, dated October 26, 1999, withdrawing the appeal.

 

This item was pulled from the agenda because the appeal was formally withdrawn by the applicant/appellant.

 

6. TEXT AMENDMENT TO ELIMINATE THE TERM "TWO STORIES" IN THE R-1, R-1A, R-2 AND R-2B ZONES, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION . Memorandum from Community Development Director Sol Blumenfeld dated October 21, 1999.

 

City Manager Burrell recommended that this item be continued to the regular meeting of January 11, 2000.

 

Action : To continue the item to the regular meeting of January 11, 2000 meeting, as requested by staff.

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

 

At 8:35 P.M., the order of the agenda returned to item 3.

 

MUNICIPAL MATTERS

 

7. RESOLUTION APPROVING LEASE AND EASEMENT FOR PIER AVENUE AND SIXTH STREET STORM DRAINS AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY . Memorandum from City Manager Stephen Burrell dated October 21, 1999.

 

City Manager Burrell presented the staff report and responded to Council questions, noting that the easement was previously approved by minute action but the County requires a resolution.

 

Action: To approve the staff recommendation to adopt Resolution No. 99-6035 , entitled, ² A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A LEASE BETWEEN THE CITY OF HERMOSA BEACH AND LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND GRANTING OF AN EASEMENT FOR STROM DRAIN PURPOSES AS SPECIFIED AND AUTHORIZING THE MAYOR TO EXECUTE THEM ON BEHALF OF THE CITY . ²

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

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

10. OTHER MATTERS - CITY COUNCIL - None

 

ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, October 26, 1999, at the hour of 9:10 P.M. to the Regular Meeting of Tuesday, November 9, 1999, at the hour of 7:10 P.M.

Agendas / Minutes Menu    Agenda