City of Hermosa Beach --- 06-08-99

MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 8, 1999, at the hour of 7:20 P.M.

 

PLEDGE OF ALLEGIANCE - Andy McGinty

 

ROLL CALL :

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

Absent: None

 

MAYOR'S COMMENTS/ANNOUNCEMENTS - Mayor Benz announced that the Hermosa Beach Community Center Foundation would be having a "Support the Arts in Hermosa Beach" fundraiser, featuring wine-tasting, hors d'oeuvres, art and live entertainment, silent auction and raffle, to be held Friday, June 11, 1999, from 6 P.M. to 9 P.M. in the garden at Barnaby's Hotel at 3501 Sepulveda Boulevard in Manhattan Beach.

 

CLOSED SESSION REPORT FOR MEETING OF MAY 25, 1999 : Meeting was continued to June 8, 1999.

 

PUBLIC PARTICIPATION :

 

(a) ORAL COMMUNICATIONS

 

Coming forward to address the Council at this time were:

Daniel Rivelle - Seventh Street, expressed pleasure with the Pier renovations but was concerned about the dangers on the Strand; noted that bicycles were not allowed on sidewalks and should not be on the City's boardwalk;

Jenny J. - Penthouse magazine model, spoke in favor of allowing topless bathing suits at the City's beach; referred to breasts as a celebration of motherhood;

Name Indistinct - said that there were ridiculous laws on the books in all cities, but felt "if it's not broken, don't fix it";

Carol Duff - Chamber of Commerce, presented a check to the City in the amount of $7,325 for the fiesta vendor fees; and

Shawn Moonan - Hermosa Beach, spoke to bathing suit regulations, saying that beaches should be for G-rated audiences; asked that Council members set an example and be positive role models for the children of the community.

 

(b) COUNCIL COMMENTS : None

 

(c) WRITTEN COMMUNICATIONS

 

1. Letter from John Heltebrake requesting removal of the barricade on 24th Street, just west of Pacific Coast Highway .

 

Action : To receive and file.

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

 

  1. CONSENT CALENDAR :

 

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

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 7:50 P.M. the order of the agenda was suspended to go to the public hearings starting with item 4.

 

(a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES:

1) Minutes of the Regular meeting held on April 17, 1999 ;

2) Minutes of the Adjourned Regular meeting held on May 2, 1999 ;

3) Minutes of the Regular meeting held on May 11, 1999;

4) Minutes of the Regular meeting held on May 25, 1999 .

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

 

Action : To 1) approve as presented the minutes of the regular meeting of April 17, 1999; 2) approve as presented the minutes of the adjourned regular meeting of May 2, 1999; 3) approve as presented the minutes of the regular meeting of May 11, 1999; and 4) approve the minutes of the regular meeting of May 25, 1999, with the following amendment: page 9980, paragraph 2, change "Action" to "Proposed Action" and reflect that the motion failed, with Edgerton casting the third dissenting vote.

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

 

(b) RECOMMENDATION TO RATIFY THE CHECK REGISTER NOS. 17409 THROUGH 17567, NOTING VOID CHECK NOS. 17435, 17472 AND 17501, AND TO APPROVE CANCELLATION OF CHECK NOS. 16878 AND 17320, AS RECOMMENDED BY THE CITY TREASURER .

 

Action : To ratify the check register as presented.

 

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

 

Action : To receive and file the tentative future agenda items as presented.

 

(d) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25094 FOR A 2-UNIT CONDOMINIUM PROJECT AT 850 7TH STREET . Memorandum from Community Development Director Sol Blumenfeld dated May 27, 1999.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-5995 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OIF FINAL PARCEL MAP #25094 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 850 7TH STREET, HERMOSA BEACH CALIFORNIA ."

 

  1. RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25252 FOR A 2-UNIT CONDOMINIUM PROJECT AT 1010 FIRST STREET . Memorandum from Community Development Director Sol Blumenfeld dated May 27, 1999.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-5996 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25252 FOR A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 1010 FIRST STREET, HERMOSA BEACH, CALIFORNIA ."

 

(f) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF MAY 4, 1999 . Supplemental minutes received June 7, 1999.

 

Action : To receive and file the action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of May 4, 1999.

 

(g) RECOMMENDATION TO ADOPT RESOLUTION SETTING THE FEE FOR THE PARKING IN LIEU PROGRAM . Memorandum from City Manager Stephen Burrell dated June 3, 1999.

 

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

 

At 8:25 P.M., Councilmember Bowler left the dais and the room at due to a potential conflict of interest.

 

City manager Burrell responded to Council questions.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-6001 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING A FEE IN LIEU OF PROVIDING REQUIRED PARKING SPACES IN ACCORDANCE WITH THE HERMOSA BEACH MUNICIPAL CODE ."

Motion Reviczky, second Oakes. The motion carried, noting the absence of Bowler.

 

(h) RECOMMENDATION TO SET TUESDAY, JULY 13, 1999 AS A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO HERMOSA BEACH MUNICIPAL CODE SECTION 9.04.020 . Memorandum from City Manager Stephen Burrell dated June 3, 1999.

 

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

 

City manager Burrell responded to Council questions.

 

Proposed Action : To drop the item and not consider a Code amendment at this time.

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

 

Action : To direct that Mayor Benz work with the City Manager on a list of all antiquated laws that should be purged from the Municipal Code, and that the list be brought back to the Council for review and the scheduling of a public hearing to consider all items.

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

 

(i) RECOMMENDATION TO APPROVE RENEWAL OF THE COOPERATION AGREEMENT WITH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION AND AUTHORIZE THE CITY MANAGER TO SIGN THE COOPERATION AGREEMENT FOR THE MAYOR . Memorandum from Community Development Director Sol Blumenfeld dated June 3, 1999.

 

Action : To approve the staff recommendation to:

  1. agree by minute order to renew the Cooperation Agreement with the Los Angeles County Community Development Commission (CDC); and
  2. authorize the City Manager to sign the Cooperation Agreement for the Mayor.

 

2. CONSENT ORDINANCES - None

 

3. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION .

 

Items 1(a), (g) and (h) 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. 1999-2000 BUDGET AND CAPITAL IMPROVEMENT PROGRAM .

 

a. ADOPTION OF 1999-2000 BUDGET . Memorandum from Finance Director Viki Copeland dated May 25, 1999. Supplemental information from Finance Director Copeland received June 8, 1999.

 

Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

 

The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M.

 

Action : To approve the staff recommendation to:

  1. receive and file the questions and answers from the May 24, 1999 Budget Workshop;
  2. direct the City Manager to sign an amended contract for the City Prosecutor; and
  3. adopt Resolution No. 99-5997 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING THE BUDGET FOR THE FISCAL YEAR 1999-2000 ."

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

 

b. ADOPTION OF 1999-2000 APPROPRIATION LIMIT . Memorandum from Finance Director Viki Copeland dated May 27, 1999.

 

Finance Director Copeland presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions.

 

The public hearing opened at 7:55 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:55 P.M.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-5998 , entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1999-2000 ."

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

 

5. 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 May 17, 1999.

 

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

 

The public hearing opened at 7:57 P.M. As no one came forward to address the Council on this item, the public hearing closed at 7:57 P.M.

 

Action : To approve the staff recommendation to:

1) adopt Resolution No. 99-5999 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA FIRE CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NOS. 99-1192 AND 99-1192U, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS ,"

2) waive full reading and adopt Urgency Ordinance No. 99-1192U , entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUILDING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPARISING THE 1998 CALIFORNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOF THE ABATEMENT OF DANGEROUS BUIDLINGS; AMENDING SAID CODES, AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF ," and

3) waive full reading and introduce Ordinance No. 99-1192 , entitled " AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA BUIDLING CODE; PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA ELECTRICAL CODE; ;PART 4 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA MECHANICAL CODE; PART 5 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA PLUMBING CODE; PART 9 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFOLRNIA FIRE CODE; PART 10 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 1998 CALIFORNIA CODE FOR BUILDING CONSERVATION; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; AMENDING SAID CODES; AND AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE ."

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

 

6. HERMOSA BEACH LANDSCAPING AND STREET LIGHTING ASSESSMENT DISTRICT 1999-2000 . Memorandum from Public Works Director Harold Williams dated June 1, 1999.

 

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

 

The public hearing opened at 8:02 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:02 P.M.

 

Action : To approve the staff recommendation to adopt Resolution No. 99-6000 , entitled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 1999, AND ENDING JUNE 30, 2000, IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 1999-2000 ."

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

 

MUNICIPAL MATTERS

 

7. IMG BEACH BASH PLAZA CONCERT BANDS . Memorandum from Community Resources Director Mary Rooney dated June 1, 1999.

 

Community Resources Director Rooney 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 was:

James Leitz - IMG vice president, responded to Council questions and apologized for the change in bands at this late date.

 

Public participation closed at 8:18 P.M.

 

Action : To approve the proposed Plaza concerts from 4:00 P.M. to 6:30 P.M. Friday, June 11, 1999, through Sunday, June 13, 1999, in conjunction with the Mervyns' Beach Bash, as recommended by staff.

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

 

At 8:20 P.M. the order of the agenda returned to item 3.

 

8. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER - None

 

9. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None

 

10. OTHER MATTERS - CITY COUNCIL - None

 

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 :

 

1. APPROVAL OF CLOSED SESSION MINUTES :

  1. Minutes of meeting held on March 23, 1999;
  2. Minutes of meeting held on April 13, 1999;
  3. Minutes of meeting held on April 27, 1999; and
  4. Minutes of meeting held on May 25, 1999.

 

  1. CONFERENCE WITH LEGAL COUNSEL : Existing Litigation, Pursuant to Government Code Section 54956.9(a)

 

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.

 

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, June 8, 1999, at the hour of 9:05 P.M. to a closed session.

 

RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 9:20 P.M. At the hour of 10:10 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 on Tuesday, June 8, 1999, at the hour of 10:11 P.M. to the Regular Meeting of Tuesday, June 22, 1999, at the hour of 7:10 P.M.