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 City of Hermosa Beach --- 11-10-98
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 10, 1998, at the hour of 7:10 P.M.
PLEDGE OF ALLEGIANCE - Dick McCurdy, H.B. Sister City Assn.
ROLL CALL: Present: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes Absent: Mayor Benz
MAYOR'S COMMENTS/ANNOUNCEMENTS:
Mayor Pro Tempore Oakes announced the free countywide Household Hazardous Waste Roundup on Saturday, December 5, 1998, from 9:00 A.M. to 3:00 P.M., by the Clark Building, on Valley Drive between Eighth Street and Eleventh Street. For more information, call 1-888-Clean LA (1-888-253-2652).
PRESENTATIONS:
PRESENTATION OF PROCLAMATIONS BY NICK LOUIZOS,REPRESENTATIVE FROM ASSEMBLYWOMAN DEBRA BOWEN'S OFFICE,TO HERMOSA BEACH CHAMBER OF COMMERCE1998 MAN OF THE YEAR, PAUL AMARILLAS, AND1998 WOMAN OF THE YEAR, CATHY McCURDY
Nick Louizos presented certificates of recognition and congratulations from Assemblywoman Debra Bowen to the Hermosa Beach Chamber of Commerce 1998 Man of the Year, Paul Amarillas, and 1998 Woman of the Year, Cathy McCurdy.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Donley Falkenstien - spoke of a letter he had sent questioning the legality of the Utility User Tax expansion to include cell phones and long distance calls; asked the City Attorney to respond (City Attorney Michael Jenkins replied that he was looking at the issue and would report back to the Council with an opinion); Shirley Cassell - Hermosa Beach, said she and her neighbors were very happy with the 7:00 A.M. to 9:00 A.M. ban on turns from Herondo onto Monterey; said parking signage changes on her street from a year ago had not yet been done; noted that Councilmember Edgerton did not have his laptop computer; and Dick McCurdy - 1004 Ninth Street, said a group of about 15 people had just returned from a visit to Hermosa's sister city, Loreto, Mexico; said the final Hermosa Beach Sister City meeting of the year would take place at the Community Center, Room 12, Monday, November 16, 1998, at 7:00 P.M.; and asked if those planning to attend would call him at 374-4072.
(b) COUNCIL COMMENTS: Councilmember Edgerton said the City had requested environmental documents from the FAA pertaining to the LAX flight loop, which the FAA claims was put into use in 1978. He said the FAA was unable to provide any environmental documents, noting that an environmental impact statement would have been required as of 1970. He requested concurrence from the City Council for the City Attorney to proceed with additional research to determine whether or not the required environmental review had been done.
City Attorney Jenkins said all that was needed from the Council was direction to staff to look further into the matter, if there was Council concurrence to do so.
Action: By Council concurrence, staff was directed to look further into the matter as requested. (Benz absent)
Councilmember Edgerton asked the status of parking meters in residential zones; objected to signage that indicates 24-hour parking enforcement if meters are not enforced 24 hours per day.
City Manager Burrell noted that although changes to the parking program were approved last year by the City, they were not approved by the Coastal Commission until a few months ago; said staff would come up with a temporary solution until the changes are fully implemented.
Councilmember Reviczky said a review of the Monterey traffic turns would come back before Council at its December 8 meeting.
(c) WRITTEN COMMUNICATION:
1. Letter from the Hermosa Beach Chamber of Commerce dated October 19, 1998 requesting approval for the Annual Tree Lighting Ceremony on December 10, 1998.
Coming forward to address the Council on this item was: Carol Duff - Hermosa Beach Chamber of Commerce, said in addition to having Santa Claus, the Chamber planned to bring in real snow, to be located close to the tree on lower Pier Avenue Plaza; said the ceremony would take place from 6:00 P.M. to 8:00 P.M.
Action: To approve the request for the Annual Tree Lighting Ceremony on December 10, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz.
2. Letter from the Hermosa Beach Little League Fundraising Committee dated November 4, 1998, requesting consideration of a contribution to the Hermosa Beach Little League.
Coming forward to address the Council on this item was: Alan Dettelbach - 1244 Ninth Street, spoke to the request for a contribution from the City to help fund various programs and improvements; said a major goal was to fund clinics for coaches and players; also spoke to the need to upgrade the facilities at Clark Stadium; listed a variety of requested items totaling more than $20,000; and Clint Lau - 1239 17th Street, agreed with the need for special training.
Action: To approve an expenditure from the Parks and Recreation Facility Tax Fund of an amount up to $5,000 for specific infrastructure-related improvements or repairs to Clark field, as determined by staff working with the Little League Board. Motion Reviczky, second Bowler. The motion carried by a unanimous vote, noting the absence of Mayor Benz.
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: (e) Edgerton for Shirley Cassell and (k) Mayor Pro Tempore Oakes. Motion Bowler, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz.
No one came forward to address the Council on items not removed from the consent calendar.
At 7:50 P.M. the order of the agenda was suspended to go to the hearings starting with item 4.
(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:1) Minutes of the Adjourned Regular Meeting held on October 27, 1998; and,2) Minutes of the Regular Meeting held on October 27, 1998.
Action: To approve the minutes of the Adjourned Regular Meeting of October 27, 1998, and the Regular Meeting of October 27, 1998, as presented. (Mayor Benz absent)
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 15256 THROUGH 15454 INCLUSIVE, NOTING VOID CHECK NO. 15408, AND TO APPROVE CANCELLATION OF CHECK NOS. 15293, 15329 AND 15355 AS RECOMMENDED BY THE CITY TREASURER
Action: To ratify the check register as presented. (Mayor Benz absent)
(c) RECOMMENDATION TO RECEIVE AND FILE THE TENTATIVE FUTURE AGENDA ITEMS.
Action: To receive and file the tentative future agenda items as presented. (Mayor Benz absent)
(d) RECOMMENDATION TO APPROVE PURCHASE OF TWO COMPRESSED NATURAL GAS (CNG) VEHICLES FOR POLICE AND PUBLIC WORKS. Memorandum from Police Chief Val Straser and Finance Director Viki Copeland dated September 30, 1998.
Action: To approve the staff recommendation to: 1) appropriate $17,272 from the Air Quality Improvement Fund, $4,318 in AQMD matching funds and $30,494 from the Equipment Replacement Fund; 2) approve the scheduled replacement of the following vehicles with Compressed Natural Gas (CNG) vehicles: one (1) Ford F250 regular cab pick-up truck at $21,487.23 for the Public Works Department and one (1) Ford E350 cargo van for the Police Department at $30,596.86; and, 3) approve the purchase of the two vehicles through public contracts with the Wondries Fleet Group of Alhambra, California. (Mayor Benz absent)
(e) RECOMMENDATION TO DENY THE FOLLOWING CLAIMS AND REFER THEM TO THE CITY'S LIABILITY CLAIM ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated November 4, 1998.
This item was removed from the consent calendar by Councilmember Edgerton, 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, asked if the recent court decision on the initiative ordinance to ban oil drilling (Prop. E) had any effect on item 1 below. (City Attorney Jenkins responded that the judge had said the City may be relieved of its contract obligations if the project was unreasonably hazardous to the community.)
Action: To approve the staff recommendation to deny the following claims and refer to the City's Liability Claims Administrator: 1) Claimant: Winward Associates, c/o Macpherson Oil Company Date of Loss: 09/17/98 Date Filed: 10/19/98 Allegation: Claimant alleges employees and agents of the City may have caused the City to breach its obligation. 2) Claimant: Berry, Sean Date of Loss: 08/11/98 & 08/18/98 Date Filed: 10/29/98 Allegation: Claimant alleges pain and suffering caused by City issuance of parking tickets to him. 3) Claimant: Nunez, Jose Date of Loss: 09/25/98 Date Filed: 10/01/98 Allegation: Claimant alleges illegal seizure by the City of his property. Motion Mayor Pro Tempore Oakes, second Edgerton. The motion carried, noting the abstention of Councilmember Reviczky and the absence of Mayor Benz.
(f) RECOMMENDATION TO APPROVE REQUEST FROM REDONDO BEACH CHAMBER OF COMMERCE AND CONTE PRODUCTIONS TO USE HERMOSA AVENUE AT 8TH STREET FOR APPROXIMATELY 30 MINUTES ON SUNDAY, JANUARY 31, 1998, FOR THE 8TH ANNUAL SUPER BOWL ELITE MILE RACE; WAIVE SPECIAL EVENT AND FILM PERMIT FEES; AND APPROVE EVENT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Memorandum from Community Resources Director Mary Rooney dated November 4, 1998.
Action: To approve the staff recommendation to: ) approve the request from the Redondo Beach Chamber of Commerce and Conte Productions to use Hermosa Avenue at 8th Street for approximately 30 minutes on Sunday, January 31, 1999, for the Elite Mile Race; ) waive special event and film permit fees; and, ) approve the event subject to the conditions listed below:
(g) RECOMMENDATION TO APPROVE REQUEST FROM CHAMBER OF COMMERCE TO PROVIDE TWO HOUR FREE PARKING TO ALL COMMERCIAL (SILVER POST) PARKING METERS FROM NOVEMBER 23RD THROUGH DECEMBER 28TH. Memorandum from City Manager Stephen Burrell dated November 2, 1998.
Action: To approve the request from the Chamber of Commerce and authorize the placement of cards by City staff in all commercial (silver post) parking meters indicating two hours free parking from November 23, 1998, through December 28, 1998, as recommended by staff. (Mayor Benz absent)
(h) RECOMMENDATION TO AWARD CONTRACT FOR SERVICES OF THE PLANNING CENTER IN THE AMOUNT OF $33,050 FOR PREPARATION OF THE LOCAL COASTAL PROGRAM; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ACCEPT THE PROJECT AS COMPLETED ON BEHALF OF THE CITY COUNCIL UPON COMPLETION OF WORK; AMEND THE COASTAL BUDGET TO REFLECT THE APPROVED GRANT AMOUNT OF $35,405; AND, AUTHORIZE THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE BUDGET. Memorandum from Community Development Director Sol Blumenfeld dated November 3, 1998. Oral communication from City Manager Stephen Burrell noting that the format of the contract would be changed, but there would be no change to the actual content of the contract.
Action: To approve the staff recommendation to: 1) award contract for services of the Planning Center in the amount of $33,050 for preparation of the Local Coastal Program, noting that funding is supplied through a grant from the Coastal Commission in the amount of $35,405; 2) authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; 3) authorize the Director of Community Development to accept the project as completed on behalf of the City Council upon completion of work; 4) amend the coastal budget to reflect the approved grant from the Coastal Commission in the amount of $35,405; and, 5) authorize the Director of Community Development to make minor changes as necessary within the budget. (Mayor Benz absent)
(i) RECOMMENDATION TO APPROVE PROPOSAL FOR PROFESSIONAL SERVICES FOR PLAN CHECK AND BUILDING INSPECTION FOR HAYER CONSULTANTS AND AUTHORIZE CITY MANAGER TO ENTER INTO CONSULTANT AGREEMENT. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998.
Action: To approve the staff recommendation to approve proposal for professional services for plan check and building inspection for Hayer Consultants and authorize City Manager to enter into consultant agreement. (Mayor Benz absent)
(j) RECOMMENDATION TO ADOPT RESOLUTION SUSTAINING PLANNING COMMISSION RESOLUTION NO. 98-57, SUBJECT TO SPECIAL CONDITIONS, FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998.
Action: To approve the staff recommendation to adopt Resolution No. 98-5939, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW GENERAL ALCOHOL SALE AND EXTENDED HOURS OF OPERATION IN CONJUNCTION WITH A RESTAURANT AT 934 HERMOSA AVENUE, AND LEGALLY DESCRIBED AS LOT 27-30, TRACT NO. 1654." (Mayor Benz absent)
(k) RECOMMENDATION TO ADOPT RESOLUTION GRANTING RELIEF FROM SECTION 5 OF MORATORIUM ORDINANCE NO. 96-1168U TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE. Memorandum from Community Development Director Sol Blumenfeld dated November 4, 1998.
This item was removed from the consent calendar by Mayor Pro Tempore Oakes for separate discussion later in the meeting.
Community Development Director Blumenfeld and City Attorney Jenkins responded to Council questions.
Action: To approve the staff recommendation to adopt Resolution No. 98-5940, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING RELIEF FROM MORATORIUM ORDINANCE 96-1168-U, TO ALLOW THE SEISMIC RETROFIT OF THE BIJOU BUILDING AT 1229 HERMOSA AVENUE.", as amended in Section 4, Condition Number 4, to delete the sentence's second word "future," and to add "...in the scope of the seismic retrofit, which may be approved by the City Council..." Motion Edgerton, second Reviczky. The motion carried, noting the abstention of Bowler and the absence of Mayor Benz.
2. CONSENT ORDINANCES
(a) ORDINANCE NO. 98-1186 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 17.53 TO THE HERMOSA BEACH MUNICIPAL CODE RELATING TO HISTORIC RESOURCES PRESERVATION." For adoption. Memorandum from City Clerk Elaine Doerfling dated November 4, 1998.
Action: To waive full reading and adopt Ordinance No. 98-1186. Motion Reviczky, second Bowler.
AYES: Bowler, Edgerton, Reviczky, Mayor Pro Tempore Oakes NOES: None ABSENT: Mayor Benz
At the hour of 8:52 P.M. the meeting recessed.
At the hour of 9:21 P.M. the meeting reconvened to continue the agenda at item 5.
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
Items 1(e) and (k) 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 8:51 P.M. the order of the agenda returned to item 2.
HEARING
4. REVIEW OF FIESTA DE LAS ARTES. Memorandum from City Manager Stephen Burrell dated November 5, 1998.
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 7:55 P.M. Coming forward to address the Council on this item were: Carol Duff - Hermosa Beach Chamber of Commerce, spoke to moving the Fiesta to Valley Drive as a test during the downtown construction; Karen Bruns - 531 Pier Avenue, Space 46, spoke in opposition to a bridge and to moving the fiesta to Valley Drive; urged that it be kept in a commercial zone; complained of noise from High School Marching Band when a parade is held; Shirley Cassell - spoke in opposition to the Fiesta in general and to this location in particular; questioned who would pay the cost of repairing damages caused by the Fiesta crowds to the new landscaping on the Greenbelt; Steve Roberts - 92 17th Street and "Cafe Boogaloo" owner, said the Fiesta was a great event but should be changed to two other weekends during the year, not the holiday weekends; Donley Falkenstien - said that residents in the downtown area also objected to the Fiesta; complained about the impact on parking; and, Gary Bichelmeyer - Chamber of Commerce; spoke of the history of the Fiestas and explained that this was the major source of funding for the Chamber rather than receiving a City subsidy as most Chambers of Commerce do.
The hearing closed at 8:18 P.M.
Action: To continue this item to the regular meeting of November 24, 1998. Motion Edgerton, second Reviczky. The motion carried by a unanimous vote, noting the absence of Mayor Benz.
At the hour of 8:38 P.M., the order of the agenda moved to item 3 to hear item 1(e).
MUNICIPAL MATTERS
5. REMOVAL OF TRAFFIC BARRIER ON 3RD STREET AT BEACH DRIVE AND CONSIDERATION OF INSTALLATION OF MULTI-WAY STOP AT 4TH STREET AND HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998. Supplemental letters in opposition from Leonor Salido, 18 Fourth Street, and from Michael Gerard Fletcher, 414 Strand, containing a petition in opposition.
Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. Public Works Director Williams, City Manager Burrell and Police Chief Val Straser also responded to Council questions.
Public participation opened at 9:44 P.M. Coming forward to address the Council on this item were: Gary Donan - 324 Strand, said there was a problem when the barrier was closed and asked that the barrier be left alone; Dennis Kaufman - 19 Fourth Court, asked if it was a ticketed offense for a resident to lower the barrier, noting that a city employee had told him that it was; supported adding a stop sign at Fourth Street and Hermosa Avenue; Ray Ribar - 318 Stand, spoke in favor of removing the barrier at Third Street and Beach Drive; said the barrier was usually down; Ralph Harboe - 25 Third Street, spoke in favor of keeping the barrier at Third Street as it slowed traffic on Beach Drive, even when open; opposed stop signs at Third Street and Beach Drive in place of the barrier; supported a stop sign at Fourth Street and Hermosa Avenue; Jack Jenkins - 338 Strand, asked that the residents be allowed to raise or lower the barrier as needed; said that a stop sign was needed at Fourth Street and Hermosa Avenue; Unidentified man with baby - asked that the barrier be left in place; Mike Fletcher - 414 Strand, referred to his supplemental letter and attached petition objecting to the removal of the Third Street/ Beach Drive barrier; submitted petitions signed by additional residents opposed to the removal of the barrier; Name Indistinct - spoke in support of keeping the barrier open; and Name Indistinct - 318 Strand, spoke in support of removing the barrier.
Public participation closed at 10:08 P.M.
Action: To give direction to staff to: 1) leave the barriers as they are now; and 2) remove the southbound "no left turn" and "no U-turn" signs from the intersection of Hermosa Avenue and Second Street. Motion Reviczky, second Mayor Pro Tempore Oakes. The motion carried by a unanimous vote, noting the absence of Mayor Benz
6. INSTALLATION OF GREEN CURB LOADING ZONE AT 910 HERMOSA AVENUE. Memorandum from Public Works Director Harold Williams dated November 2, 1998.
Traffic Engineer Ed Ruzak presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.
Public participation opened at 10:25 P.M. Coming forward to address the Council on this item was: Name Indistinct - Oceanview Cleaners, requested two green curb spots for short-term customers.
Public participation closed at 10:29 P.M.
Action: To approve the change from a two-hour meter to a fifteen-minute green curb with no meter at one existing parking space on the east side of Hermosa Avenue in the vicinity of Ninth Street near the Oceanview Cleaners (910 Hermosa Avenue) at a location determined by staff, and to direct staff to devise a means to keep taxis from using the green zones as temporary waiting areas, possibly by stenciling "NO TAXI WAITING" on the curbs. Motion Bowler, second Edgerton. The motion carried, noting the absence of Mayor Benz.
7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
a. WATER RATE INCREASE - CALIFORNIA WATER SERVICE COMPANY. Memorandum from City Manager Stephen Burrell dated November 4, 1998.
City Manager Burrell presented the staff report and responded to Council questions, noting a California Water Service Company meeting December 2, 1998 in the Council Chambers.
Action: To adopt a City Council position in opposition to the California Water Service Company's proposed rate increase of more than ten percent and direct the City Manager to send a letter stating Council's opposition. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz.
8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL: None
9. OTHER MATTERS - CITY COUNCIL
Requests from Councilmembers for possible future agenda items:
a. Request by Mayor Benz that the City Council rescind the appointment of Chris Ketz to the Planning Commission and reconsider an appointment to fill the Planning Commission vacancy. Supplemental letter from Mayor Benz in support of his request received November 10, 1998.
Action: To receive and file the request. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Benz.
CITIZEN COMMENTS
No one came forward to address the Council at this time.
City Attorney Jenkins announced that the additional item of the Stop Oil litigation needed to be added to the closed session agenda.
Action: To add the Stop Oil litigation to the closed session agenda as requested based on the finding that the matter arose after the posting of the agenda. Motion Bowler, second Edgerton. The motion carried, noting the abstention of Reviczky and the absence of Mayor Benz.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED
IN CLOSED SESSION AS FOLLOWS:
1. CONFERENCE WITH LEGAL COUNSEL: Pursuant to Government Code Section 54956.9(a) - Existing Litigation
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.
a. Name of Case: Boyd v. City of Hermosa Beach Names of Claimants: Kit & Valerie Boyd Claim Number: 98-0013
The following existing litigation item was added by motion above:
b. Name of Case: Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach Case Number: BC172546
ADJOURN TO CLOSED SESSION - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 10, 1998, at the hour of 10:38 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:10 P.M. At the hour of 12:10 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 Wednesday, November 11, 1998, at the hour of 12:11 A.M. to the Regular Meeting of Tuesday, November 24, 1998, at the hour of 7:10 P.M.
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