MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, November 28, 2000, at the hour of 7:17 P.M.

 

PLEDGE OF ALLEGIANCE - Parks & Recreation Commissioner Geoffrey Hirsch

 

ROLL CALL :

Present: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky
Absent: None

 

ANNOUNCEMENTS : Mayor Reviczky announced that the meeting would be adjourned in memory of Marion Klapper, mother-in-law of Redondo Beach Council Member Bob Pinzler. He said Mrs. Klapper's daughter, Arlene Pinzler, was the District Manager for California Senator Debra Bowen of the 27th District.

Mayor Reviczky said the 8th annual Beach Cities Toy Drive was now in full swing, and encouraged everyone to join in bringing Christmas joy to those less fortunate, noting that the toy drive benefits local charities. He said collection boxes for unwrapped toys were available at the Hermosa Beach and Manhattan Beach Fire Stations and Chambers of Commerce, and the toy wrapping party would take place at the Clark Building, Saturday, December 16, at 11 A.M.

Mayor Reviczky then announced that the California Youth Karate Club was hosting a Celebrity Dragon Award Ceremony Sunday, December 17, at 1 - 5 P.M., at Pointe 705, and encouraged anyone interested in martial arts to attend the event.

Councilmember Edgerton commented on the success of the High Five Boutique fashion show fundraiser held November 19 at Pointe 705, noting that the event raised about $1,000 for the Beach Cities Toy Drive. He thanked the owner/ proprietor of the Hermosa clothing business for hosting the event and commended her for her hard work.

Councilmember Oakes announced that the annual tree lighting ceremony would take place Thursday, December 7, at the Pier Plaza. She said the festivities would begin at 6 P.M. and that she was expecting the Dazzlers, snow, and Santa's arrival on a lifeguard truck.

Councilmember Oakes also announced a meeting for the discussion of public utility companies, including Edison, scheduled to take place at 7 P.M. Wednesday, November 29, at the Torrance Cultural Arts Center. She said the meeting would be conducted as an open forum with Senator Debra Bowen presiding and encouraged all interested parties to attend.

Councilmember Dunbabin announced the annual Sand Snowman Contest would take place at 9 A.M. Saturday, December 9, on the sand near the Pier. She said the judging would take place at 10:45 A.M. and encouraged everyone to attend.

 

CLOSED SESSION REPORT FOR MEETING OF NOVEMBER 14, 2000 : No reportable actions.

 

PUBLIC PARTICIPATION :

(a) ORAL COMMUNICATIONS

Coming forward to address the Council at this time was:

Jim Lissner - Hermosa Beach, addressed three issues: 1) said he observed uncovered welding taking place next to the street at a construction site at Second Street and Ardmore Avenue which was illegal, since it posed a hazard to children and others passing by, and expressed concern that staff took no action when he reported it; 2) said the state sales tax decrease mentioned by the Mayor at the last meeting was not a valid reason for the City not to cut its UUT; and 3) submitted copies of an Alcohol Beverage Control application for a new business at the site of the former Ibiza and encouraged the Council to object to the request, noting the request included a full liquor license, expanded hours and live entertainment. (City Manager Burrell responded to Council questions.)

 

(b) WRITTEN COMMUNICATIONS

1. Memorandum from the Parks, Recreation and Community Resources Commission requesting that City Council consider designating the Hermosa Beach Lawn Bowling Club as an historic landmark pursuant to Chapter 17.53 of the Hermosa Beach Municipal Code .

Action: To receive and file.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.

 

2. Letter from the Hermosa Beach Little League requesting consideration of a change order for the Clark Field improvements .

Coming forward to address the Council on this issue was:

Clint Lau - Hermosa Beach, spoke to his letter.

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

Action : To refer the letter to staff for a report back at the next meeting on pricing for the requested fencing and second batting cage at Clark Field.
Mayor Reviczky so ordered, with the consensus of the Council.

 

1. CONSENT CALENDAR :

Action : To approve the consent calendar recommendations 1(a) to (k), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (c) Mayor Reviczky, (e) Mayor Reviczky, (h) Dunbabin, (i) Oakes, and (k) Bowler.
Motion Edgerton, second Bowler. The motion carried by a unanimous vote.

 

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1) Minutes of the Adjourned Regular Meeting held on November 2, 2000 ; and,
2) Minutes of the Regular Meeting held on November 14, 2000 .

Action: To approve as presented the City Council minutes of the Adjourned Regular Meeting of November 2, 2000, and the Regular Meeting of November 14, 2000.

(b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 23227 THROUGH 23395, NOTING VOIDED CHECK NOS. 23308 AND 23387, AND TO APPROVE CANCELLATION OF CHECK NO. 18485 AS RECOMMENDED BY THE CITY TREASURER .

Action : To ratify the check register as presented.

(c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS .

This item was removed from the consent calendar by Mayor Reviczky for separate discussion later in the meeting in order to postpone to January 9 one of the four public hearings scheduled for the December 12 meeting.

City Manager Burrell responded to Council questions with regard to a postponement of the public hearing for the proposed Silverstrand vacation, noting that the item would appear on the December 12 agenda, since it had already been advertised, with the notation that the hearing would take place at the January 9 meeting. He noted that a meeting with the affected property owners would take place at City Hall Monday, December 11 at 7 P.M.

Action : To receive and file the list of tentative future agenda items, amended to move the actual public hearing of the proposed Silverstrand vacation to the January 9 meeting.
Motion Mayor Reviczky, second Dunbabin. The motion carried by a unanimous vote.

(d) RECOMMENDATION TO RECEIVE AND FILE THE OCTOBER 2000 FINANCIAL REPORTS :

1. Revenue and expenditure report ;

2. City Treasurer's report ; and

3. Investment report .

Action : To receive and file the October 2000 financial reports as presented.

(e) RECOMMENDATION TO ACCEPT DONATION OF $100 FROM ROBERT AND BETTY HUSTON TO BE USED FOR FIRE DEPARTMENT TRAINING . Memorandum from Finance Director Viki Copeland dated November 20, 2000.

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

Action : To accept the donation of $100 from Robert and Betty Huston to be used for Fire Department training.
Motion Mayor 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 7, 2000 .

Action : To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of November 7, 2000.

(g) RECOMMENDATION TO AWARD THE PURCHASE OF A NEW CARGO VAN FOR THE COMMUNITY RESOURCES DEPARTMENT TO WONDRIES FLEET DIVISION OF ALHAMBRA, CALIFORNIA, IN THE AMOUNT OF $25,521.02 AND AUTHORIZE STAFF TO ISSUE THE APPROPRIATE PURCHASE DOCUMENTS AS REQUIRED . Memorandum from Community Resources Director Mary Rooney dated November 20, 2000. Supplemental memorandum from Community Resources received November 28, 2000.

Action : To approve the staff recommendation to:

1. Award the purchase of a new cargo van for the Community Resources Department to Wondries Fleet Division of Alhambra, California, in the amount of $25,521.02; and

2. Authorize staff to issue the appropriate purchase documents as required.

(h) RECOMMENDATION TO AWARD CONSTRUCTION CONTRACT FOR PROJECT NO. 99-529, CLARK FIELD IMPROVEMENTS - BALLFIELD BACKSTOP, TO QUALITY FENCE CO. OF SOUTH GATE IN THE AMOUNT OF $78,962; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONSTRUCTION CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY NOT TO EXCEED $8,038 . Memorandum from Public Works Director Harold Williams dated November 20, 2000.

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

Community Resources Director Rooney responded to Council questions.

Action : To approve the staff recommendation to:

1. Award the construction contract for Project No. CIP 99-529 Clark Field Improvements - Ballfield Backstop to Quality Fence Co. of South Gate in the amount of $78,962;

2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and

3. Authorize the Director of Public Works to make minor changes as necessary, not to exceed $8,038.

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

(i) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT/INSPECTION FOR PROJECT NO. CIP 95-622, CITY HALL REMODEL - ADA UPGRADES, TO CONCEPT MARINE ASSOCIATES, INC. FOR A FEE NOT TO EXCEED $165,860; AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY NOT TO EXCEED $16,586 . Memorandum from Public Works Director Harold Williams dated November 21, 2000.

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

City Manager Burrell responded to Council questions, noting that the construction plans should be ready for bidding in February. Public Works Director Williams also responded to Council questions, noting that staff would bring the plans back for Council approval to go to bid.

Action : To approve the staff recommendation to:

1. Approve the agreement between the City of Hermosa Beach and Concept Marine Associates, Inc., for a fee not to exceed $165,860;

2. Authorize the Mayor to execute and the City Clerk to attest said agreement upon approval as to form by the City Attorney; and

3. Authorize the Director of Public Works to make minor changes as necessary, not to exceed $16,586.

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

(j) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 2000 .

Action : To receive and file the action minutes from the Planning Commission meeting of November 21, 2000.

(k) RECOMMENDATION TO SET A PUBLIC HEARING FOR DECEMBER 12, 2000 TO CONSIDER AN ORDINANCE EXTENDING THE MORATORIUM ON CONVERSION OF OFFICE AND RETAIL USE TO RESTAURANT USE IN THE DOWNTOWN AREA UNTIL NOVEMBER 13, 2001 . Memorandum from City Manager Stephen Burrell dated November 21, 2000.

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

City Attorney Jenkins responded to Council questions, noting the State law requirements with regard to moratoriums. City Manager Burrell also responded to Council questions.

Action : To set a public hearing for December 12, 2000, as recommended by staff, to consider extending the moratorium ordinance to prevent the conversion of office and retail uses to restaurant uses in the downtown area until November 13, 2001 in order to allow completion of the study of uses and to enact any legislative changes.
Motion Mayor Reviczky, second Edgerton. The motion carried, noting the dissenting vote of Bowler.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION

Items 1(c), (e), (h), (i), 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.

 

PUBLIC HEARINGS - None

 

The meeting recessed at 9:02 P.M.
The meeting reconvened at 9:12 P.M.

 

MUNICIPAL MATTERS

4. ADOPTION OF NEW NOISE AND ALCOHOL ORDINANCES . Memorandum from Police Chief Val Straser dated November 20, 2000. Supplemental letter from Jim and Janet Hamilton dated November 25, 2000.

Police Chief Straser presented the staff report and responded to Council questions. Fire Chief Tingley and City Attorney Jenkins also responded to Council questions.

Action : To approve the staff recommendation to waive full reading and introduce Ordinance No. 00-1209, entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 24, NOISE CONTROL, OF TITLE 8, HEALTH AND SAFETY, OF THE HERMOSA BEACH MUNICIPAL CODE ," subject to the following amendments under Section 3 of the draft ordinance:

1. Section 3, Municipal Code Section 8.24.040 - delete subsection A. (Radios, stereos, etc.) in its entirety and renumber the subsequent subsections accordingly;

2. Section 3, Municipal Code Section 8.24.040 - amend renumbered subsection A. (Placement of stereo speakers) to read "The amplification of music or any other sound on private property, through speakers located either (1) outdoors, or (2) in one or more windows or doorways, when such speakers are directed towards and such music is plainly audible on an immediately adjacent public right-of-way.";

3. Section 3, Municipal Section 8.24.050 - delete ".22 caliber nailing gun" from subsection A. (Permissible hours of construction), to read "…mixer, crane, powder-actuated tool , steam or electric…";

4. Section 6 - delete "pedestrian or bicycle" from Municipal Code Section 12.20.350 (Obstructing free movement), thereby amending the section to read "…impede the free flow of travel along…"; and

5. Add Section 7 to amend Municipal Code Section 10.12.160 (Public rights-of-way…) by adding subsection C. to read "No person shall stand, sit, lie or congregate on any walk street in such a manner as to interfere with or impede the free flow of travel along the walk street."

Motion Edgerton, second Bowler. The motion carried by the following vote:

Ayes: Bowler, Dunbabin, Edgerton, Oakes, Mayor Reviczky
Noes: None
Absent: None
Abstain: None

 

5. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

6. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

7. OTHER MATTERS - CITY COUNCIL - None

 

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

1. MINUTES :

a. Approval of minutes of Closed Session meeting held on September 12, 2000 ; and
b. Approval of minutes of Closed Session meeting held on November 14, 2000 .

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION : 
    Pursuant to Government Code Section 54957 - Title: City Manager

 

ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, November 28, 2000, at the hour of 10:17 P.M. to a closed session.

 

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:21 P.M. At the hour of 10:22 P.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 in memory of Marion Klapper on Tuesday, November 28, 2000, at the hour of 10:23 P.M., to the Regular Meeting of Tuesday, December 12, 2000, at the hour of 7:10 P.M.

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