MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 24, 1998, at the hour of 7:18 P.M.

PLEDGE OF ALLEGIANCE - Children from the audience.

ROLL CALL:

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

Absent: None

MAYOR'S COMMENTS/ANNOUNCEMENTS: Mayor Benz wished everyone a Happy Thanksgiving on behalf of Council and City staff. Councilmembers Edgerton, Reviczky and Bowler announced the Sixth Annual Beach Cities Toy Drive was now collecting new, unwrapped toys for needy children. Toys can be dropped off at the fire stations or at the Chambers of Commerce in Hermosa Beach or Manhattan Beach and there will be a community wrapping party at Clark Building on Saturday, December 19, 1998, starting at 10:00 A.M. until 2:00 P.M.

PRESENTATION: PRESENTATION OF PLAQUE TO ROD MERL

IN RECOGNITION OF HIS SERVICE ON THEPLANNING COMMISSIONSEPTEMBER 1991 - AUGUST 1998

As Rod Merl was unable to attend this meeting, the presentation was continued to the regular meeting of December 8, 1998.

Councilmember Reviczky introduced a representative from Congress member Jane Harmon's office who presented Certificates of Recognition to Steve Crecy and Judy Navarro for their work in veteran's assistance. Both Mr. Crecy and Ms. Navarro thanked Councilmember Reviczky, the citizens, and the staff of the City of Hermosa Beach for their work in building the veteran's memorial.

PUBLIC PARTICIPATION:

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time were:

Shirley Cassell - Hermosa Beach, questioned why only three Councilmembers had their City-paid laptop computers with them tonight; and,

Donley Falkenstien - spoke to his letter regarding Utility User Tax on long-distance calls and cell phones.

(b) COUNCIL COMMENTS: Councilmember Reviczky said that all monies taken in as taxes are returned to the citizens through City services such as Police, Fire, Public Works, City Parks, Recreation activities and other services.

1. SEQ OL0_0 1 . WRITTEN COMMUNICATION:

1. Letter from Hermosa Beach Youth Basketball League requesting City sponsorship in the amount of $100.00.

Action: To approve the request.

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

1. CONSENT CALENDAR:

Action: To approve the consent calendar recommendations (a) through (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (b) Mayor Benz, (e) Reviczky, (i) Edgerton and (j) Bowler.

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

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

At 7:42 P.M. the order of the agenda was suspended to go to hearing item 6.

(a) RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM REGARDING THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 10, 1998. Memorandum from City Clerk Elaine Doerfling dated November 17, 1998.

Action: To approve the staff recommendation to receive and file the memorandum from City Clerk Doerfling that says that due to the extra work involved with accepting an initiative petition, the minutes of the Regular City Council Meeting of November 10, 1998, will not be available until the Regular Meeting of December 8, 1998.

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15455 THROUGH 15580 AND TO APPROVE CANCELLATION OF CHECK NO. 15385 AS RECOMMENDED BY THE CITY TREASURER.

This item was removed from the consent calendar by Mayor Benz for separate discussion later in the meeting in order to question amounts paid for workers compensation.

Action: To ratify the check register as presented.

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

(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 OCTOBER, 1998, FINANCIAL REPORTS:

(1) Revenue and expenditure report;

(2) City Treasurer's report; and,

(3) Investment report.

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

(e) RECOMMENDATION TO APPROPRIATE DONATIONS OF $600.00 FROM AUBREY ORGANICS AND $450.00 FROM RETAIL INTEGRATED PROMOTIONS TO THE COMMUNITY RESOURCES DEPARTMENT TO BE USED FOR THE REPAIR AND MAINTENANCE OF THE BEACH VOLLEYBALL COURTS. Memorandum from Finance Director Viki Copeland dated November 16, 1998.

This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting in order to acknowledge and thank the donors.

Community Resources Director Mary Rooney responded to Council questions.

Action: To approve the staff recommendation to appropriate the following donations to the Community Resources Department to be used for the repair and maintenance of the beach volleyball court:

• Aubrey Organics (Karen Ress) - $ 600.00
• Retail Integrated Promotions (RIP) - $ 450.00

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 NOVEMBER 3, 1998.

Action: To approve the staff recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 3, 1998.

(g) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 17, 1998.

Action: To approve the staff recommendation to receive and file action minutes from the Planning Commission meeting of November 17, 1998.

(h) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CATCH BASIN DEVICES. Memorandum from Public Works Director Harold Williams dated November 17, 1998.

Action: To approve the staff recommendation to:

1. Adopt Resolution No. 98-5941, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CATCH BASIN INSERT DEVICES. " ; and,
2. Authorize the expenditure of $19,500 as the 15 percent matching funds required under Proposition A.

(i) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF STORM WATER CDS CLARIFIER UNITS. Memorandum from Public Works Director Harold Williams dated November 18, 1998.

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

Public Works Director Williams responded to Council questions saying that this grant would pay for clarifier units at eleven locations.

Action: To approve the staff recommendation to:

1. Adopt Resolution No. 98-5943 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 1996 PROP A SANTA MONICA BAY COMPETITIVE GRANT PROGRAM FOR INSTALLATION OF CDS UNITS . " , pertaining to the installation of Continuous Deflection Screened (CDS) Clarifier Units; and,
2. Authorize the expenditure of $19,500 as the 15% matching funds required under Proposition A.

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

(j) RECOMMENDATION TO RETAIN ASSOCIATED SOIL ENGINEERING, INC. TO PROVIDE PILE DRIVING MONITORING FOR THE NORTH PIER PARKING STRUCTURE IN THE AMOUNT OF $20,707.50. Memorandum from Public Works Director Harold Williams dated November 17, 1998.

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

Public Works Director Williams responded to Council questions, saying that the costs could be more or less than estimated depending upon the report from the soil engineer.

Action: To approve the staff recommendation to:

1. Retain Associated Soil Engineering, Inc., of Long Beach, CA, to provide pile driving monitoring for the north pier parking structure in the amount of $20,707.50.
2. Authorize the Mayor to execute the agreement and the City Clerk to attest the professional service agreement subject to approval of the City Attorney.
3. Authorize the Director of Public Works to issue change orders as necessary within budget.

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

(k) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #24787 FOR A 2-UNIT CONDO AT 1513 MANHATTAN AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 16, 1998.

Action: To adopt Resolution No. 98-5942 , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #24787 FOR A 2-UNIT CONDO AT 1513 MANHATTAN AVENUE, HERMOSA BEACH, CALIFORNIA . "

2. CONSENT ORDINANCES - None

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(b), (e), (i), and (j) 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. GENERAL PLAN AMENDMENT FROM CC, COMMERCIAL CORRIDOR, TO MD, MEDIUM DENSITY RESIDENTIAL, AND ZONE CHANGE FROM SPA7, SPECIFIC PLAN AREA NO. 7, TO R-2, OR TO SUCH OTHER ZONE AS DEEMED APPROPRIATE BY THE CITY COUNCIL, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION AT 731 4TH STREET. Memorandum from Community Development Director Sol Blumenfeld dated November 17, 1998.

Community Development Director Blumenfeld presented the staff report and responded to Council questions.

The public hearing opened at 10:02 P.M. Coming forward to address the Council on this item was:

Tom Englebach - 550 Rosecrans Avenue, Manhattan Beach, said that he wished to develop two townhouses, one for his residence and the other to sell; responded to council questions.

The public hearing closed at 10:05 P.M.

Action: To grant the zone change.

Motion Reviczky, second Oakes. The motion carried, noting the dissenting votes of Edgerton and Mayor Benz.

Further Action: To approve the staff recommendation to waive full reading and introduce Ordinance No. 98-1187, entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE GENERAL PLAN MAP FROM COMMERCIAL CORRIDOR (CC) TO MEDIUM DENSITY RESIDENTIAL AND TO AMEND THE ZONING MAP FROM SPECIFIC PLAN AREA 7 (S.P.A. 7) TO TWO-FAMILY RESIDENTIAL (R-2) AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION, FOR THE PROPERTY LOCATED AT 731 4TH STREET AND LEGALLY DESCRIBED AS LOT 5, W.F. THORNES HILLSIDE TRACT # 2. "

Motion Reviczky, second Bowler.

AYES: Bowler, Oakes, Reviczky

NOES: Edgerton, Mayor Benz

Final Action: To appoint Mayor Benz and Councilmember Reviczky as a sub-committee on upgrading and promoting the businesses on Pacific Coast Highway and to schedule a future Public Hearing to begin discussion on this subject.

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

5. TEXT AMENDMENT REGARDING ENCROACHMENT OF STAIRS TO FIRST AND SECOND FLOOR LEVELS INTO REQUIRED YARDS OF EXISTING NONCONFORMING STRUCTURES. Memorandum from Community Development Director Sol Blumenfeld dated November 17, 1998. Supplemental information and ordinance from Community Development Department received this evening.

Community Development Director Blumenfeld presented the staff report and responded to Council questions.

The public hearing opened at 10:30 P.M. As no one came forward to address the Council on this item, the public hearing closed at 10:30 P.M.

Action: To approve the staff recommendation to waive full reading and introduce supplemental Ordinance No. 98-1188 , entitled, "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED."

Motion Edgerton, second Bowler.

AYES: Bowler, Edgerton, Oakes, Reviczky

NOES: Mayor Benz

HEARINGS

6. CHAMBER OF COMMERCE: FIESTA DE LAS ARTES ANNUAL REVIEW AND CONSIDERATION OF MOVING 1999 EVENT TO VALLEY DRIVE BETWEEN 8TH AND 18TH STREETS. Memorandum from City Manager Stephen Burrell dated November 18, 1998. Supplemental letters from residents of Seventh Street; Ron and Hilde Luxa of Valley Park Avenue; Lawrence O. Fordini of 19th Street; Tom Allard of the Eclectic Collector; Sharilyn Parr of Valley Park Avenue; Gary Valvo of 20th Street; Jim Pierce of Power Street; Jack and Jan Miller of 20th Street; Douglas G. Robbins and Beverley J. Stoughton of 18th Street; John Sabo and Family of Heronda Street; and Jim Tabille of Valley Drive, all in opposition. Supplemental information and map received November 24, 1998, from Carol Duff of the Chamber of Commerce and from Tony N. Todaro of Todaro Communication. Supplemental list of eight phone calls in opposition to the proposed move to Valley Drive.

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

The hearing opened at 7:45 P.M. Coming forward to address the Council on this item were:

Carol Duff - Chamber of Commerce, spoke of the newer plan to hold the Fiesta only south of Pier Avenue on Valley Drive and possibly only on the Memorial Day week-end; said that the Chamber might try to have an event on a later date in September in the downtown area;

Mike Lacey - "Comedy and Magic Club", Hermosa Avenue, commended the Chamber of Commerce for trying a new location, but suggested that the Community Center lawn and parking areas be used instead of Valley Drive which would impact on the residential neighborhood; said that having the Fiestas in the downtown area caused him to lose business due to the crowds and lack of parking;

Shirley Cassell - Hermosa Beach, said that three members of the Council were Chamber members; said that the people of Hermosa Beach had purchased the Greenbelt and the parks which would suffer if the Fiesta was allowed to be held on Valley Drive; questioned the costs of clean-up and asked where the many needed public toilets would be placed;

Wayne Nagawa - 1109 Valley Drive, objected to the Fiesta on Valley Drive; said that his driveway would be impacted by the event and questioned if the Chamber would pay for him to vacation in Hawaii rather than be held captive in his home;

Tiffany - "Granny Takes a Trip", said that the downtown businesses will be hurting without the fair; said that she had walked a petition and had collected 107 signatures from business owners who wanted the Fiesta in the downtown area and only ten owners had declined to sign the petition; submitted the petition;

Earl Keegan - 572 18th Street, objected to the Fiesta on Valley Drive; said that it was a commercial use in a residential zone;

(name indistinct) - 49 Pier Avenue, said that the business would be hurt if the Fiesta was moved up to Valley Drive, said that her business survived because the Fiesta was held downtown;

Jerry Compton - 1723 Valley Park Avenue, opposed to any portion of Valley Drive used as the site of the Fiesta; said that the fiesta should be downtown with as little impact on the residential neighborhoods as possible; submitted petition with 30 names in opposition to the Fiesta on Valley Drive;

Ron Luxa - 1808 Valley Park Avenue, spoke in opposition to moving the Fiesta to Valley Drive;

Scott Bilowitz - Seymour Jewelers, 1212 Hermosa Avenue, spoke in favor of keeping the Fiesta downtown; said that it was good for business and that attendance would be lost if there was a break in the continuity of the events;

Karen Botz - 592 20th Street, read a letter in opposition;

Maureen Grames - 200 Pier Avenue, spoke in favor of keeping the Fiesta in the downtown;

Bernie Friedman - 573 18th Street, spoke in opposition to moving the Fiesta to Valley Drive;

Neil Waldhart - 625 Tenth Street, spoke in opposition to moving the Fiesta to Valley Drive;

Bill Goblein - "Brewski" and Chamber Board, said that the Board had attempted to move the Fiesta because they thought people did not want it in the downtown; spoke in favor of keeping the Fiesta downtown; said that it was great for businesses in that area; and, asked that it continue on the Holiday week-ends;

Bill Robb - "The Treasure Chest" on Pier Avenue, asked that the Fiesta be kept downtown as the downtown area needed the positive image of the fairs;

Jackie Tagnafaro - 1824 Valley Park Avenue, asked that the Fiesta be kept downtown and made smaller;

Clair Wood - "Mirage Salon", 1046 Hermosa Avenue, spoke in favor of keeping the Fiesta in the downtown area; said that her business received a lot of exposure and repeat business from the fair; submitted petition in favor of keeping the Fiesta downtown;

Bill (last name indistinct) - "Just for Fun", said that he walked a petition in the business area and that the businesses and residents agree that they want the Fiesta in the downtown area;

Brian Bergman - "Hennessey's Tavern" and Chamber Board, said that the Fiesta was great for business and that it should stay downtown the way it has been;

Don Saloncruz - "Hill Counter", spoke in favor of having the fair downtown;

Jay Russell - 1042 Bayview Drive, said that he compared the Fiesta to a giant swap meet;

Sandy Orbach - 1134 Hermosa Avenue, wanted the Fiesta downtown;

Rick Hankus - "Java Man Café" and Chamber Board, said that the Chamber would have liked to have had this type of backing for the Fiesta when there was so much criticism of holding the fair in the downtown area; said that the Chamber incurred a lot of expense putting on the Fiesta for staging, security, transportation, clean-up, entertainment and other items; said that they needed the commercial sites to pay for this overhead; said that 35 percent of the vendors were Hermosa Beach businesses;

Gary Weyland - said that he had worked both the Manhattan Beach Hometown Fair and the Fiesta; said the community needed to volunteer to help with the fair rather than just criticize;

Susan Blaco - Seventh Street, said that she volunteered to work during the fair as it afforded a chance to meet with friends that she hadn't seen for a while; said that many residents do come to the fair; and,

Peter Ellis - 1037 Sunset Drive, said that the City needed people to support the businesses.

The hearing closed at 8:53 P.M.

Action: To determine that the Fiestas will not take place on Valley Drive, but will be scaled back and held in the downtown area, and to appoint a sub-committee consisting of Councilmembers Oakes and Edgerton to work with the Chamber to try to increase community involvement and secure more art and craft vendors.

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

The meeting recessed at 9:23 P.M. with sign-up sheets for those wishing to assist with the Fiestas being passed through the audience.

The meeting reconvened at 9:47 and went to item #4, the start of the public hearings.

7. SPEED ZONE RECOMMENDATIONS FOR PORTIONS OF GOULD AVENUE AND VALLEY DRIVE. Memorandum from Public Works Director Harold Williams dated November 16, 1998. Supplemental letter and information received November 24, 1998, from Douglas G. Robbins and Beverley J. Stoughton, 576 18th Street, in opposition to increasing the speed limit on Valley Drive.

Public Works Director Williams presented the staff report and responded to Council questions. Police Chief Val Straser also responded to Council questions saying that this might preclude using radar on these sections of roadways but it did not preclude speed limit enforcement.

The hearing opened at 10:45 P.M. Coming forward to address the Council on this item were:

Jack Miller - 20th Street, said he would like to see the speed limit kept at 25 miles per hour and added that cars traveling south were usually the speeders;

Jim White - Valley Drive and 19th Street, said that it was very hard to get out of his driveway; stated that there was much faster traffic now and more heavy construction trucks using Valley Drive; and,

Bill Grau - (no address given), said that speed enforcement has been used longer and was needed more than radar; and, said that the residential speed limit was usually 25 miles per hour.

The hearing closed at 10:50 P.M.

Action: To approve the following:

1. Retain the existing speed limit of 25 miles per hour (MPH) on Gould Avenue from Pacific Coast Highway to Ardmore Avenue; and,

2. Retain the existing speed limit of 25 MPH on Valley Drive between Gould Avenue and Pier Avenue.

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

Final Action: To direct staff to place more 25-MPH signs for southbound traffic on Valley Drive.

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

MUNICIPAL MATTERS: None

8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER

(a) REPORT FROM CITY ATTORNEY REGARDING UTILITY USERS TAX. Supplemental memorandum from City Attorney Michael Jenkins received November 24, 1998.

City Attorney Jenkins spoke to his memorandum and responded to Council questions saying that there were erroneous statements made by Donley Falkenstien as the collection of these taxes was not illegal and there was no requirement to try to provide refunds for payments collected.

Action: The report was received and filed by consensus of the Council.

9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None

10. OTHER MATTERS - CITY COUNCIL: None

CITIZEN COMMENTS

No one came forward at this time to address the Council.

ADJOURNMENT: The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 24, 1998, at the hour of 11:30 P.M. to the Regular Meeting of Tuesday, December 8, 1998, at the hour of 7:10 P.M.

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