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 City of Hermosa Beach --- 04-27-99
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday April 27, 1999, at the hour of 7:20 P.M.
PLEDGE OF ALLEGIANCE - Councilmember Sam Edgerton
ROLL CALL: Present: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz Absent: None
MAYOR'S COMMENTS/ANNOUNCEMENTS: None
PROCLAMATIONS: HERMOSA VALLEY SCHOOL BUILDERS CLUB WEEK MAY 3 - 7, 1999
Mayor Benz read and presented the proclamation to Cathy McCurdy, Hermosa Beach School Board, who was joined by a group of 6th, 7th and 8th grade Hermosa Valley School members of the Builders Club. Student Sean Patrick Burke said the Club serves the community by participating with the beach and Greenbelt clean-ups and the holiday toy drive, helps serve the nation with the leukemia for society walk, and helps serve the world with the iodine deficiency drive.
PUBLIC PARTICIPATION:
(a) ORAL COMMUNICATIONS
Coming forward to address the Council at this time were: Al Bowman - 7th Street, said he no longer supported the PCH ballot measure because he saw no proof that the developers would make the promised improvements to his street; also objected to the attack on the Mayor in their rebuttal; Lisa Rider - 1940 Monterey Boulevard, spoke to item #7; expressed concerns about the contamination of groundwater by herbicides and their effect on children and pets; urged consideration of banning the use of herbicides in the Greenbelt, parks, and schools; and Ann Barclow - maintenance director for Manhattan Beach Botanical Gardens, said she was not convinced of the safety of herbicides; volunteered her expertise to work with staff and organize a task force.
(b) COUNCIL COMMENTS: Councilmember Edgerton reported on an FAA Task Force meeting he attended a couple weeks ago; said the Hermosa Beach/Manhattan Beach contingency was joined at the meeting by Palos Verdes; said they made progress in getting the FAA to understand that there are jets flying over the beach cities and now that the issue is identified, they could work to solve the problem.
1. Letter from Gary Kazanjian requesting a 15 or 30 minute parking space in front of his business at 423 Pier Avenue.
Coming forward to address the Council on this item was: Gary Kazanjian - 1021 Loma Drive resident and 423 Pier Avenue business owner, said people park on the street and walk to the beach, a problem that worsens each year when the weather gets warm; said he loses business when his customers cannot find a place to park; requested a 30-minute parking space in front of his business for his customers.
Action: Mayor Benz, with the consensus of the Council, directed staff to place this item on a future agenda for Council consideration.
2. Letter from Donley Falkenstien presenting a proposal to City Council regarding the ballot initiative.
City Manager Burrell distributed copies of two documents submitted by Mr. Falkenstien at the start of the meeting.
Coming forward to address the Council on this item was: Donley Falkenstien spoke to his letter, said he did not want to cost the taxpayers extra money by forcing the issues onto the ballot; requested that the Council give the matter serious consideration.
Action: To receive and file. Motion Edgerton, second Mayor Benz. The motion carried by a unanimous vote.
3. Letter from Al Valdes, President of the Hermosa Beach Friends of the Library, requesting City Council consideration of the lack of available parking for library users.
Coming forward to address the Council on this item was: Charlotte Malone - Friends of the Library, said the Library patrons need parking and the problem would only get worse; offered to work with the City to resolve it; suggested providing Library employees with stickers for parking in the City employee lot, restricting parking in the public lot to two hours, building a parking structure or opening up the Greenbelt for parking.
Action: Mayor Benz, with the consensus of the Council, directed staff to meet with Library representatives to discuss alternatives, and to adgendize the item if necessary to resolve the problem.
1. CONSENT CALENDAR:
Action: To approve the consent calendar recommendations (a) through (j), with no exceptions, noting a dissenting vote by Mayor Benz on item 1(j). Motion Bowler, second Reviczky. 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 Adjourned Regular Meeting held on March 30, 1999.
Action: To approve the minutes of the Adjourned Regular Meeting of March 30, 1999, as presented.
(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 16901 THROUGH 17080, NOTING VOID CHECK NOS. 16955, 17015, 17035 AND 17053.
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 MEMORANDUM REGARDING THE MARCH, 1999, FINANCIAL REPORTS.
Action: To receive and file the memorandum regarding the March, 1999, Financial Reports, which will be submitted at the May 11, 1999, meeting.
(e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 6, 1999.
Action: To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of April 6, 1999, as recommended by staff.
(f) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE BEACH CITIES HEALTH DISTRICT FOR THE USE OF ROOMS 5 AND 6A IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 15, 1999.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Rooms 5 and 6A in the Community Center at a rate of $951.72 per month (924 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total rental income of $11,420.64; and, 2) authorize the Mayor to sign the lease.
(g) RECOMMENDATION TO APPROVE LEASE RENEWAL WITH THE LOS ANGELES COUNTY BAR ASSOCIATION DISPUTE RESOLUTION SERVICES, INC. (DRS) FOR THE USE OF ROOM 6B IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated April 15, 1999.
Action: To approve the Park, Recreation and Community Resources Advisory Commission and staff recommendation to: 1) approve the one-year lease agreement between the Beach Cities Health District and the City for the use of Room 6B in the Community Center at a rate of $206 per month (200 sq.ft. X $1.03 per sq.ft.) from July 1, 1999, through June 30, 2000, for a total rental income of $2,472; and, 2) authorize the Mayor to sign the lease.
(h) RECOMMENDATION TO APPROVE PURCHASE OF 4X4 PICK-UP TRUCK FOR THE COMMUNITY SERVICES DEPARTMENT FROM WONDRIES FLEET GROUP OF ALHAMBRA IN THE AMOUNT OF $19,080.14. Memorandum from Police Chief Val Straser dated April 20, 1999.
Action: To approve the staff recommendation to: 1. Authorize the purchase of the vehicle from Wondries Fleet Group of Alhambra, California, which holds a contract with the County of Los Angeles for the sale of this type of vehicle. (Contract # PP41624) in the amount of $ 19,080.14; and, 2. Appropriate $4,080.14 from the Equipment Replacement Fund for the purchase of one (1) new 4X4 pickup truck to replace the ten-year old animal control vehicle for the Community Services Division of the Police Department, noting that the remaining $15,000 was already appropriated from the Equipment Replacement Fund.
(i) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 20, 1999.
Action: To receive and file action minutes from the Planning Commission meeting of April 20, 1999, as recommended by staff.
(j ) RECOMMENDATION TO ADOPT RESOLUTION APPROVING THE ENGINEER'S REPORT FOR HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000 MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 99-5969; AND, ADOPT RESOLUTION DECLARING THE CITY COUNCIL'S INTENTION TO ORDER CERTAIN IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, THROUGH JUNE 30, 2000, AND SETTING JUNE 8, 1999, TO ACCEPT PUBLIC INPUT ON THE MATTER OF THE PROPOSED ASSESSMENT. Memorandum from Public Works Director Harold Williams dated April 19, 1999.
Action: To approve the staff recommendation to:
Both resolutions were adopted as presented, noting the dissenting vote by Mayor Benz.
2. CONSENT ORDINANCES - None
3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
There were no items removed from the consent calendar for separate discussion.
PUBLIC HEARINGS
4. NOMINATION OF BIJOU BUILDING FOR HISTORIC LANDMARK DESIGNATION, PURSUANT TO HISTORIC PRESERVATION ORDINANCE NO. 98-1186. Memorandum from Community Development Director Sol Blumenfeld dated April 4, 1999.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M.
Action: To approve the staff recommendation to adopt Resolution No. 99-5980, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA TO NOMINATE THE BIJOU BUILDING AS A HISTORIC LANDMARK." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote by Mayor Benz.
Community Development Director Blumenfeld presented the staff report and responded to Council questions.
The public hearing opened at 7:56 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:56 P.M.
Action: To approve the staff recommendation to adopt Resolution No. 99-5981, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO INITIATE AMENDMENTS TO THE HISTORIC PRESERVATION ORDINANCE TO INCORPORATE THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION AND PRESERVATION OF HISTORIC BUILDINGS." Motion Bowler, second Reviczky. The motion carried, noting the dissenting vote by Mayor Benz.
6. ADOPTION OF THE 1997 EDITIONS OF THE UNIFORM BUILDING CODE, 1997 UNIFORM FIRE CODE AND RELATED PUBLICATIONS AMENDING CHAPTER 15, SECTIONS 15.04 THROUGH 15.24 OF THE HERMOSA BEACH MUNICIPAL CODE. Memorandum from Community Development Director Sol Blumenfeld dated April 9, 1999.
Action: At the request of City Manager Burrell, this item was postponed to the meeting of May 11, 1999.
MUNICIPAL MATTERS
7. HERBICIDE USE WITHIN THE PARKS SYSTEM . Memorandum from Public Works Director Harold Williams dated April 20, 1999.
Public Works Director Williams presented the staff report and responded to Council questions.
Public participation opened at 8:15 P.M. Coming forward to address the council on this item were: Kaye Sherbak - member of VOICE and the Manhattan Beach Botanical Gardens, submitted a letter from Manhattan Beach horticulturist and garden consultant Ann Barklow volunteering her expertise and her willingness to start a task force; referred to several published case studies; submitted a citizen guidebook for reducing the use of pesticides in parks, by Greg Small of the Pesticide Watch Education Fund; urged Council to look at alternatives; David Bray - of Van Herrick's, the City's landscape contractor, said his company would support any Council decision; addressed the cost of manually pulling weeds; Fred Ekert - Target Specialty, spoke of testing and approvals of pesticides; said the EPA registers only those materials that pose minimal risk; said Roundup was non-toxic; noted that mulching can help control weeds; Jeff Duclos - 1932 Ava Avenue, said Pendulum was associated with Agent Orange and Roundup has caused cancer in animals; said chemicals by nature are toxic and should not be sprayed in parks; submitted a letter from Pesticide Watch Education Fund; said manually pulling weeds was not the only alternative; and Barry Foreman - VOICE Chairman and Manhattan Beach resident, concurred with the statements of Ms. Sherbak and Mr. Duclos; said VOICE recommends that Hermosa Beach explore cost-effective methods of controlling weeds without the use of herbicides.
Public participation closed at 8:35 P.M.
Proposed Action: To suspend the use of herbicides in parks and the Greenbelt and direct staff to bring back alternative methods for controlling weeds. Motion Oakes, second Edgerton. The motion failed due to the dissenting votes of Bowler, Reviczky and Mayor Benz.
Action: To continue with the current herbicides program and direct staff to return in 60 days with alternatives. Motion Bowler, second Reviczky. The motion carried by a unanimous vote.
The meeting recessed at 8:55 P.M. The meeting reconvened at 9:22 P.M.
8. INSTALLATION OF MULTI-WAY STOP CONTROLS AT VALLEY DRIVE AND SIXTH STREET . Memorandum from Public Works Director Harold Williams dated April 19, 1999.
At 9:25 P.M., Councilmember Reviczky and Mayor Benz stepped down from the dais and left the room due to potential conflicts of interest.
Public Works Director Williams presented the staff report and responded to Council questions.
Public participation opened at 9:25 P.M. Coming forward to address the council on this item was: Mike Flaherty - Public Works Supervisor, said he and his crew had requested consideration of this item for safety reasons; cited the curve on Valley Drive in that location and the speed of cars traveling south as well as those turning onto Sixth Street; said the Public Works vehicles were very slow.
Public participation closed at 9:30 P.M.
Action: To approve the installation of multi-way stop controls at the intersection of Valley Drive and Sixth Street, as recommended by staff. Motion Bowler, second Oakes. The motion carried, noting the absence of Reviczky and Mayor Benz.
At 9:33 P.M., Councilmember Reviczky and Mayor Benz returned to the dais.
9. PLAN TO EXPEDITE THE REOPENING OF THE MUNICIPAL PIER - PLAN APPROVAL. Memorandum from Public Works Director Harold Williams dated April 20, 1999.
Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions, saying they would move surfacing, lighting and landscaping into phase #1; said they could install supports (brackets, etc.) during phase #1 as well, so that utilities could easily be put in later as needed.
Action: To approve the staff recommendation to:
with the addition that staff design and install support features for any future utilities that might be needed.
Motion Bowler, second Edgerton. The motion carried by a unanimous vote.
10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None
11. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL
City Manager Burrell responded to Council questions.
Coming forward to address the Council on this issue was: Carol Duff - Chamber of Commerce, said it was a Chamber board decision to have businesses that benefit from the event help pay for it.
No action was taken on this item.
Action: To continue this item until an ordinance has been drafted and to direct staff to continue working on the development of standards for a Hermosa Beach commission, with the assistance of Councilmember Oakes. Motion Oakes, second Mayor Benz. The motion carried by a unanimous vote.
12. OTHER MATTERS - CITY COUNCIL
Requests from Council members for possible future agenda items:
a. Request from Mayor Benz to review motorcycle parking restrictions to allow more than one per parking space.
Mayor Benz spoke to his request.
Action: To direct staff to review the issue and report back on various alternatives, including the option of designating a motorcycle parking area instead. Motion Mayor Benz, second Bowler. The motion carried by a unanimous vote.
City Manager Burrell said the Parks, Recreation and Community Resources Commission had a meeting scheduled for 8:00 A.M. Sunday, May 2, 1999, for its annual parks tour and would like the Council to join them. Councilmembers Bowler, Oakes and Reviczky said they would attend.
CITIZEN COMMENTS
No one came forward to address the Council at this time.
ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS:
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.
1. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Pursuant to Government Code Section 54956.9(a)
Name of Case: Macpherson 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, April 27, 1999, at the hour of 10:20 P.M. to a closed session.
RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 10:25 P.M. At the hour of 10:45 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, April 27, 1999, at the hour of 10:46 P.M. to an Adjourned Regular Meeting to take place Sunday, May 2, 1999, at 8:00 A.M. at Valley Park for the purpose of joining the Parks, Recreation and Community Resources Commission on its annual parks tour.
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